Armed Forces Discipline Bill [H.L.] - continued        House of Lords
Custody - continued

back to previous text
 
Custody during court-martial proceedings.     4. - (1) After section 75G of the Army Act 1955 there is inserted-
 
 
"Custody during court-martial proceedings.     75H. - (1) Where the accused is kept in military custody under an order under section 75F(2) of this Act and a judge advocate is appointed to be a member of a court-martial for the trial of the accused, section 75G of this Act (and section 75F as applied by that section) shall apply with the following modifications.
 
    (2) References to the judicial officer-
 
 
    (a) in relation to a review before the announcement of the court-martial's finding on the charge or every charge against the accused, shall have effect as references to the judge advocate;
 
    (b) in relation to any later review, shall have effect as references to the court-martial.
      (3) In section 75F(2), after paragraph (d) there shall be inserted-
 
 
    "or
    (e) the accused's case has been adjourned for inquiries or a report and it appears to the court-martial that it would be impracticable to complete the inquiries or make the report without keeping the accused in military custody."
          (4) Section 75F(3)(d) does not apply in the case of an accused who is awaiting sentence.
     
          (5) An order under section 75F(2) does not authorise the keeping of the accused in military custody after he is sentenced by the court-martial.
     
          (6) Subsection (1) above shall cease to apply (but without prejudice to any order already made by virtue of that subsection) if-
     
     
      (a) the order convening the court-martial is withdrawn, or
     
      (b) the court-martial is dissolved."
          (2) After section 75G of the Air Force Act 1955 there is inserted-
     
     
    "Custody during court-martial proceedings.     75H. - (1) Where the accused is kept in air-force custody under an order under section 75F(2) of this Act and a judge advocate is appointed to be a member of a court-martial for the trial of the accused, section 75G of this Act (and section 75F as applied by that section) shall apply with the following modifications.
     
        (2) References to the judicial officer-
     
     
      (a) in relation to a review before the announcement of the court-martial's finding on the charge or every charge against the accused, shall have effect as references to the judge advocate;
     
      (b) in relation to any later review, shall have effect as references to the court-martial.
          (3) In section 75F(2), after paragraph (d) there shall be inserted-
     
    "; or
     
      (e) the accused's case has been adjourned for inquiries or a report and it appears to the court-martial that it would be impracticable to complete the inquiries or make the report without keeping the accused in air-force custody."
          (4) Section 75F(3)(d) does not apply in the case of an accused who is awaiting sentence.
     
          (5) An order under section 75F(2) does not authorise the keeping of the accused in air-force custody after he is sentenced by the court-martial.
     
          (6) Subsection (1) above shall cease to apply (but without prejudice to any order already made by virtue of that subsection) if-
     
     
      (a) the order convening the court-martial is withdrawn, or
     
      (b) the court-martial is dissolved."
          (3) After section 47H of the 1957 Act there is inserted-
     
     
    "Custody during court-martial proceedings.     47J. - (1) Where the accused is kept in naval custody under an order under section 47G(2) of this Act and a judge advocate is appointed to be a member of a court-martial for the trial of the accused, section 47H of this Act (and section 47G as applied by that section) shall apply with the following modifications.
     
        (2) References to the judicial officer-
     
     
      (a) in relation to a review before the announcement of the court-martial's finding on the charge or every charge against the accused, shall have effect as references to the judge advocate;
     
      (b) in relation to any later review, shall have effect as references to the court-martial.
          (3) In section 47G(2), after paragraph (d) there shall be inserted-
     
    "; or
     
      (e) the accused's case has been adjourned for inquiries or a report and it appears to the court-martial that it would be impracticable to complete the inquiries or make the report without keeping the accused in naval custody."
          (4) Section 47G(3)(d) does not apply in the case of an accused who is awaiting sentence.
     
          (5) An order under section 47G(2) does not authorise the keeping of the accused in naval custody after he is sentenced by the court-martial.
     
          (6) Subsection (1) above shall cease to apply (but without prejudice to any order already made by virtue of that subsection) if-
     
     
      (a) the order assembling the court-martial is withdrawn, or
     
      (b) the court-martial is dissolved."
    Release from custody after charge or during proceedings.     5. - (1) After section 75H of the Army Act 1955 there is inserted-
     
     
    "Release from custody after charge or during proceedings.     75J. - (1) This section applies where, at a hearing under section 75F(1) of this Act or on a review under section 75G(1) of this Act, the judicial officer, judge advocate or court-martial (as the case may be) does not authorise keeping the accused in military custody.
     
        (2) Where this section applies, the accused-
     
     
      (a) subject to paragraph (b) below, shall be released from military custody forthwith, but
     
      (b) if he is subject to military law only by virtue of section 131 or 205(1)(ea), (eb), (g) or (h) of this Act, may be required to comply, before release or later, with such requirements as appear to the judicial officer, judge advocate or court-martial (as the case may be) to be necessary for the purpose of securing his attendance at any hearing in connection with the offence to which the charge relates.
          (3) A person on whom a requirement has been imposed under subsection (2)(b) above is guilty of an offence if he fails without reasonable cause to attend any hearing to which the requirement relates.
     
          (4) A person guilty of an offence under this section shall be liable on conviction by court-martial to imprisonment for a term not exceeding two years or any less punishment provided by this Act."
     
          (2) After section 75H of the Air Force Act 1955 there is inserted-
     
     
    "Release from custody after charge or during proceedings.     75J. - (1) This section applies where, at a hearing under section 75F(1) of this Act or on a review under section 75G(1) of this Act, the judicial officer, judge advocate or court-martial (as the case may be) does not authorise keeping the accused in air-force custody.
     
        (2) Where this section applies, the accused-
     
     
      (a) subject to paragraph (b) below, shall be released from air-force custody forthwith, but
     
      (b) if he is subject to air-force law only by virtue of section 131 or 205(1)(ff), (h) or (i) of this Act, may be required to comply, before release or later, with such requirements as appear to the judicial officer, judge advocate or court-martial (as the case may be) to be necessary for the purpose of securing his attendance at any hearing in connection with the offence to which the charge relates.
          (3) A person on whom a requirement has been imposed under subsection (2)(b) above is guilty of an offence if he fails without reasonable cause to attend any hearing to which the requirement relates.
     
          (4) A person guilty of an offence under this section shall be liable on conviction by court-martial to imprisonment for a term not exceeding two years or any less punishment provided by this Act."
     
          (3) After section 47J of the 1957 Act there is inserted-
     
     
    "Release from custody after charge or during proceedings.     47K. - (1) This section applies where, at a hearing under section 47G(1) of this Act or on a review under section 47H(1) of this Act, the judicial officer, judge advocate or court-martial (as the case may be) does not authorise keeping the accused in naval custody.
     
        (2) Where this section applies, the accused-
     
     
      (a) subject to paragraph (b) below, shall be released from naval custody forthwith, but
     
      (b) if he is a person to whom section 51 of this Act applies or is subject to this Act by virtue of section 111(3) or (5) of this Act, may be required to comply, before release or later, with such requirements as appear to the judicial officer, judge advocate or court-martial (as the case may be) to be necessary for the purpose of securing his attendance at any hearing in connection with the offence to which the charge relates.
          (3) A person on whom a requirement has been imposed under subsection (2)(b) above is guilty of an offence if he fails without reasonable cause to attend any hearing to which the requirement relates.
     
          (4) A person guilty of an offence under this section shall be liable to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.
     
          (5) Any such offence shall be treated as if it were an offence under Part I of this Act."
     
     
    previous section contents continue
     
    House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

    © Parliamentary copyright 1999
    Prepared 19 November 1999