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

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Arrest during proceedings.     6. - (1) After section 75J of the Army Act 1955 there is inserted-
 
 
"Arrest during proceedings.     75K. - (1) Except where subsection (3) below applies, the commanding officer of a person subject to military law ("the accused") who-
 
    (a) has been charged with an offence against any provision of this Part of this Act, and
 
    (b) is not in military custody,
  may, if satisfied that taking the accused into military custody is justified, give orders for his arrest.
 
      (2) Subsection (3) below applies where a judge advocate has been appointed to be a member of a court-martial for the trial of the accused, unless-
 
 
    (a) the order convening the court-martial is withdrawn, or
 
    (b) the court-martial is dissolved.
      (3) Where this subsection applies-
 
 
    (a) the court-martial, at any time when the accused is awaiting sentence, and
 
    (b) the judge advocate, at any other time,
  if satisfied that taking the accused into military custody is justified, may direct the commanding officer of the accused to give orders for the accused's arrest.
 
      (4) For the purposes of this section, taking the accused into military custody is justified if there are substantial grounds for believing that, if not taken into military custody, he would-
 
 
    (a) fail to attend any hearing in the proceedings against him,
 
    (b) commit an offence,
 
    (c) injure himself, or
 
    (d) interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person.
      (5) Taking the accused into military custody is also justified for the purposes of this section if-
 
 
    (a) the accused is subject to military law only by virtue of section 131 of this Act, and
 
    (b) he has failed to attend any hearing in the proceedings against him.
      (6) A person arrested under subsection (1) above, if kept in military custody-
 
 
    (a) shall be treated as being in military custody under an order under section 75F(2) of this Act, and
 
    (b) shall be brought as soon as practicable before a judicial officer to be dealt with as on a review under section 75G(1) of this Act.
      (7) A person arrested under subsection (3) above-
 
 
    (a) shall be treated as being in military custody under an order under section 75F(2) of this Act, and
 
    (b) shall be brought as soon as practicable before the judge advocate or court-martial on whose direction the arrest was ordered (unless already before the judge advocate or court-martial), and shall be dealt with as on a review under section 75G(1) of this Act."
      (2) After section 75J of the Air Act 1955 there is inserted-
 
 
"Arrest during proceedings.     75K. - (1) Except where subsection (3) below applies, the commanding officer of a person subject to air-force law ("the accused") who-
 
    (a) has been charged with an offence against any provision of this Part of this Act, and
 
    (b) is not in air-force custody,
  may, if satisfied that taking the accused into air-force custody is justified, give orders for his arrest.
 
      (2) Subsection (3) below applies where a judge advocate has been appointed to be a member of a court-martial for the trial of the accused, unless-
 
 
    (a) the order convening the court-martial is withdrawn, or
 
    (b) the court-martial is dissolved.
      (3) Where this subsection applies-
 
 
    (a) the court-martial, at any time when the accused is awaiting sentence, and
 
    (b) the judge advocate, at any other time,
  if satisfied that taking the accused into air-force custody is justified, may direct the commanding officer of the accused to give orders for the accused's arrest.
 
      (4) For the purposes of this section, taking the accused into air-force custody is justified if there are substantial grounds for believing that, if not taken into air-force custody, he would-
 
 
    (a) fail to attend any hearing in the proceedings against him,
 
    (b) commit an offence,
 
    (c) injure himself, or
 
    (d) interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person.
      (5) Taking the accused into air-force custody is also justified for the purposes of this section if-
 
 
    (a) the accused is subject to air-force law only by virtue of section 131 of this Act, and
 
    (b) he has failed to attend any hearing in the proceedings against him.
      (6) A person arrested under subsection (1) above, if kept in air-force custody-
 
 
    (a) shall be treated as being in air-force custody under an order under section 75F(2) of this Act, and
 
    (b) shall be brought as soon as practicable before a judicial officer to be dealt with as on a review under section 75G(1) of this Act.
      (7) A person arrested under subsection (3) above-
 
 
    (a) shall be treated as being in air-force custody under an order under section 75F(2) of this Act, and
 
    (b) shall be brought as soon as practicable before the judge advocate or court-martial on whose direction the arrest was ordered (unless already before the judge advocate or court-martial), and shall be dealt with as on a review under section 75G(1) of this Act."
      (3) After section 47K of the 1957 Act there is inserted-
 
 
"Arrest during proceedings.     47L. - (1) Except where subsection (3) below applies, the commanding officer of a person subject to this Act ("the accused") who-
 
    (a) has been charged with an offence under any provision of Part I of this Act, and
 
    (b) is not in naval custody,
  may, if satisfied that taking the accused into naval custody is justified, give orders for his arrest.
 
      (2) Subsection (3) below applies where a judge advocate has been appointed to be a member of a court-martial for the trial of the accused, unless-
 
 
    (a) the order convening the court-martial is withdrawn, or
 
    (b) the court-martial is dissolved.
      (3) Where this subsection applies-
 
 
    (a) the court-martial, at any time when the accused is awaiting sentence, and
 
    (b) the judge advocate, at any other time,
  if satisfied that taking the accused into naval custody is justified, may direct the commanding officer of the accused to give orders for the accused's arrest.
 
      (4) For the purposes of this section, taking the accused into naval custody is justified if there are substantial grounds for believing that, if not taken into naval custody, he would-
 
 
    (a) fail to attend any hearing in the proceedings against him,
 
    (b) commit an offence,
 
    (c) injure himself, or
 
    (d) interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person.
      (5) Taking the accused into naval custody is also justified for the purposes of this section if-
 
 
    (a) the accused is a person to whom section 51 of this Act applies, and
 
    (b) he has failed to attend any hearing in the proceedings against him.
      (6) A person arrested under subsection (1) above, if kept in naval custody-
 
 
    (a) shall be treated as being in naval custody under an order under section 47G(2) of this Act, and
 
    (b) shall be brought as soon as practicable before a judicial officer to be dealt with as on a review under section 47H(1) of this Act.
      (7) A person arrested under subsection (3) above-
 
 
    (a) shall be treated as being in naval custody under an order under section 47G(2) of this Act, and
 
    (b) shall be brought as soon as practicable before the judge advocate or court-martial on whose direction the arrest was ordered (unless already before the judge advocate or court-martial), and shall be dealt with as on a review under section 47H(1) of this Act."
Judicial officers.     7. - (1) After section 75K of each of the 1955 Acts there is inserted-
 
 
"Judicial officers.     75L. - (1) Judicial officers shall be appointed for the purposes of this Act by the Judge Advocate General.
 
    (2) No person shall be appointed under this section unless-
 
 
    (a) he is qualified under section 84B(2) of this Act for appointment as the judge advocate in relation to a court-martial, or
 
    (b) he has, and has had for at least five years, in any Commonwealth country or any colony rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules."
      (2) After section 47L of the 1957 Act there is inserted-
 
 
"Judicial officers.     47M. - (1) Judicial officers shall be appointed for the purposes of this Act by the Chief Naval Judge Advocate.
 
    (2) No person shall be appointed under this section unless-
 
 
    (a) he is qualified under section 53B(2) of this Act for appointment as the judge advocate in relation to a court-martial, or
 
    (b) he has, and has had for at least five years, in any Commonwealth country or any colony rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules."
Custody rules.     8. - (1) After section 75L of each of the 1955 Acts there is inserted-
 
 
"Custody rules.     75M. - (1) The Secretary of State may make rules with respect to proceedings-
 
    (a) on an application under section 75C of this Act;
 
    (b) under section 75F(1) of this Act;
 
    (c) on a review under section 75G(1) of this Act.
      (2) Rules under this section may in particular make provision with respect to-
 
 
    (a) arrangements preliminary to the proceedings;
 
    (b) the representation of the person to whom the proceedings relate;
 
    (c) the admissibility of evidence;
 
    (d) procuring the attendance of witnesses;
 
    (e) the immunities and privileges of witnesses;
 
    (f) the administration of oaths;
 
    (g) circumstances in which a review under section 75G(1) of this Act may be carried out without a hearing;
 
    (h) circumstances in which the requirement of section 75C(2)(b), 75F(1) or 75K(6)(b) or (7)(b) of this Act for a person to be brought before a judicial officer may be satisfied by use of a live television link;
 
    (i) the appointment of persons to discharge administrative functions under the rules.
      (3) Rules under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament."
 
      (2) After section 47M of the 1957 Act there is inserted-
 
 
"Custody rules.     47N. - (1) The Secretary of State may make rules with respect to proceedings-
 
    (a) on an application under section 47D of this Act;
 
    (b) under section 47G(1) of this Act;
 
    (c) on a review under section 47H(1) of this Act.
      (2) Rules under this section may in particular make provision with respect to-
 
 
    (a) arrangements preliminary to the proceedings;
 
    (b) the representation of the person to whom the proceedings relate;
 
    (c) the admissibility of evidence;
 
    (d) procuring the attendance of witnesses;
 
    (e) the immunities and privileges of witnesses;
 
    (f) the administration of oaths;
 
    (g) circumstances in which a review under section 47H(1) of this Act may be carried out without a hearing;
 
    (h) circumstances in which the requirement of section 47D(2)(b), 47G(1) or 47L(6)(b) or (7)(b) of this Act for a person to be brought before a judicial officer may be satisfied by use of a live television link;
 
    (i) the appointment of persons to discharge administrative functions under the rules.
      (3) Rules under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament."
 
Bail in proceedings for illegal absence.     9. - (1) In section 187 of the Army Act 1955 (civil court proceedings for illegal absence from army)-
 
 
    (a) in subsection (2) for the words from "commit" to the end, and
 
    (b) in subsection (3) for "commit him as aforesaid",
  there is substituted ", where it is unable to do so, adjourn the proceedings and remand him for such time as appears reasonably necessary for the purpose of arranging for him to be delivered into military custody."
 
      (2) In section 187 of the Air Force Act 1955 (civil court proceedings for illegal absence from air force)-
 
 
    (a) in subsection (2) for the words from "commit" to the end, and
 
    (b) in subsection (3) for "commit him as aforesaid",
  there is substituted ", where it is unable to do so, adjourn the proceedings and remand him for such time as appears reasonably necessary for the purpose of arranging for him to be delivered into air-force custody."
 
      (3) In section 109 of the 1957 Act (civil court proceedings for illegal absence from navy)-
 
 
    (a) for subsection (1)(b) there is substituted-
 
    "(b) where it is unable to do so, adjourn the proceedings and remand him for such time as appears reasonably necessary for the purpose of arranging for him to be delivered into naval custody.",
 
    (b) subsection (2) is omitted, and
 
    (c) in subsection (3)(a) for "commit him as provided by subsection (1) of this section" there is substituted ", where it is unable to do so, adjourn the proceedings and remand him for such time as appears reasonably necessary for the purpose of arranging for him to be delivered into naval custody".
      (4) In Schedule 2 to the Reserve Forces Act 1996 (deserters and absentees without leave from reserve fores)-
 
 
    (a) for paragraph 4(2)(b) there is substituted-
 
    "(b) where it is unable to do so, adjourn the proceedings and remand him for such time as appears reasonably necessary for the purpose of arranging for him to be delivered into such custody.", and
 
    (b) in paragraph 5(3) for "commit him as mentioned in paragraph 4(2)(b)" there is substituted ", where it is unable to do so, adjourn the proceedings and remand him for such time as appears reasonably necessary for the purpose of arranging for him to be delivered into such custody".
 
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Prepared 19 November 1999