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

back to previous text
 
Review of custody after charge.     3. - (1) After section 75F of the Army Act 1955 there is inserted-
 
 
"Review of custody after charge.     75G. - (1) Where the keeping of the accused in military custody is authorised by an order under section 75F(2) of this Act, it shall be reviewed by a judicial officer not later than the end of the period for which it is authorised.
 
    (2) If at any time it appears to the accused's commanding officer that the grounds on which such an order was made have ceased to exist, he shall-
 
 
    (a) release the accused from military custody, or
 
    (b) request a review.
      (3) Where a request is made under subsection (2) above, a review shall be carried out as soon as practicable.
 
      (4) Subsections (2) to (6) of section 75F of this Act apply on a review as they apply where the accused is brought before a judicial officer under subsection (1) of that section.
 
      (5) At the first review the accused may support an application for release from military custody with any argument as to fact or law that he desires (whether or not he has advanced that argument previously).
 
      (6) At subsequent reviews the judicial officer need not hear arguments as to fact or law which have been heard previously.
 
      (7) On a review at a hearing at which the accused is legally represented, the judicial officer may, if the accused consents, authorise the keeping of the accused in military custody for a period of not more than 28 clear days.
 
      (8) In this section "review" means a review under subsection (1) above."
 
      (2) After section 75F of the Air Force Act 1955 there is inserted-
 
 
"Review of custody after charge.     75G. - (1) Where the keeping of the accused in air-force custody is authorised by an order under section 75F(2) of this Act, it shall be reviewed by a judicial officer not later than the end of the period for which it is authorised.
 
    (2) If at any time it appears to the accused's commanding officer that the grounds on which such an order was made have ceased to exist, he shall-
 
 
    (a) release the accused from air-force custody or
 
    (b) request a review.
      (3) Where a request is made under subsection (2) above, a review shall be carried out as soon as practicable.
 
      (4) Subsections (2) to (6) of section 75F of this Act apply on a review as they apply where the accused is brought before a judicial officer under subsection (1) of that section.
 
      (5) At the first review the accused may support an application for release from air-force custody with any argument as to fact or law that he desires (whether or not he has advanced that argument previously).
 
      (6) At subsequent reviews the judicial officer need not hear arguments as to fact or law which have been heard previously.
 
      (7) On a review at a hearing at which the accused is legally represented, the judicial officer may, if the accused consents, authorise the keeping of the accused in air-force custody for a period of not more than 28 clear days.
 
      (8) In this section "review" means a review under subsection (1) above."
 
      (3) After section 47G of the 1957 Act there is inserted-
 
 
"Review of custody after charge.     47H. - (1) Where the keeping of the accused in naval custody is authorised by an order under section 47G(2) of this Act, it shall be reviewed by a judicial officer not later than the end of the period for which it is authorised.
 
    (2) If at any time it appears to the accused's commanding officer that the grounds on which such an order was made have ceased to exist, he shall-
 
 
    (a) release the accused from naval custody, or
 
    (b) request a review.
      (3) Where a request is made under subsection (2) above, a review shall be carried out as soon as practicable.
 
      (4) Subsections (2) to (6) of section 47G of this Act apply on a review as they apply where the accused is brought before a judicial officer under subsection (1) of that section.
 
      (5) At the first review the accused may support an application for release from naval custody with any argument as to fact or law that he desires (whether or not he has advanced that argument previously).
 
      (6) At subsequent reviews the judicial officer need not hear arguments as to fact or law which have been heard previously.
 
      (7) On a review at a hearing at which the accused is legally represented, the judicial officer may, if the accused consents, authorise the keeping of the accused in naval custody for a period of not more than 28 clear days.
 
      (8) In this section "review" means a review under subsection (1) above."
 
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 at any time after the commencement of his trial by court-martial, section 75G of this Act (and section 75F as applied by that section) shall apply with the following modifications.
 
    (2) In relation to a review before the announcement of the court-martial's finding on the charge or every charge against the accused, references to a judicial officer shall have effect as references to the judge advocate.
 
      (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 judicial officer 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 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 at any time after the commencement of his trial by court-martial, section 75G of this Act (and section 75F as applied by that section) shall apply with the following modifications.
 
    (2) In relation to a review before the announcement of the court-martial's finding on the charge or every charge against the accused, references to a judicial officer shall have effect as references to the judge advocate.
 
      (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 judicial officer 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 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 at any time after the commencement of his trial by court-martial, section 47H of this Act (and section 47G as applied by that section) shall apply with the following modifications.
 
    (2) In relation to a review before the announcement of the court-martial's finding on the charge or every charge against the accused, references to a judicial officer shall have effect as references to the judge advocate.
 
      (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 judicial officer 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 the court-martial is dissolved."
 
 
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 17 December 1999