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

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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".
Further amendments relating to custody.     10. Schedule 1 to this Act (which makes further amendments of the 1955 Acts and the 1957 Act in relation to custody) shall have effect.
 
 
Election for court-martial trial
Right to elect court-martial trial.     11. - (1) After section 76A of the Army Act 1955 there is inserted-
 
 
"Right to elect for court-martial trial.     76AA. - (1) Before dealing summarily with a charge, the commanding officer or appropriate superior authority shall afford the accused the opportunity of electing court-martial trial in relation to that charge.
 
    (2) Where in accordance with regulations under section 83 of this Act two or more charges are together to be dealt with summarily, any election for court-martial trial must relate to all the charges concerned.
 
      (3) If the accused elects court-martial trial and does not withdraw his election with leave, the commanding officer or appropriate superior authority shall refer to higher authority the charge to which the election relates, with a view to the trial of the accused by court-martial.
 
      (4) If a charge has been referred to higher authority as a result of an election for court-martial trial and that election is withdrawn with leave, the higher authority shall-
 
 
    (a) if the accused is an officer or warrant officer, refer the charge back to the appropriate superior authority;
 
    (b) if the accused is a non-commissioned officer or soldier, refer the charge back to the commanding officer of the accused,
  for the appropriate superior authority or commanding officer to deal summarily with the charge.
 
      (5) Subsection (1) above does not enable the accused to make a further election for court-martial trial in relation to a charge which has been referred back to the appropriate superior authority or commanding officer under subsection (4) above.
 
      (6) Where under section 76B(3) of this Act a charge is amended or one charge is substituted for another, subsection (1) above applies in relation to the amended or substituted charge."
 
      (2) After section 76A of the Air Force Act 1955 there is inserted-
 
 
"Right to elect for court-martial trial.     76AA. - (1) Before dealing summarily with a charge, the commanding officer or appropriate superior authority shall afford the accused the opportunity of electing court-martial trial in relation to that charge.
 
    (2) Where in accordance with regulations under section 83 of this Act two or more charges are together to be dealt with summarily, any election for court-martial trial must relate to all the charges concerned.
 
      (3) If the accused elects court-martial trial and does not withdraw his election with leave, the commanding officer or appropriate superior authority shall refer to higher authority the charge or charges to which the election relates, with a view to the trial of the accused by court-martial.
 
      (4) If a charge has been referred to higher authority as a result of an election for court-martial trial and that election is withdrawn with leave, the higher authority shall-
 
 
    (a) if the accused is an officer or warrant officer, refer the charge back to the appropriate superior authority;
 
    (b) if the accused is a non-commissioned officer or airman, refer the charge back to the commanding officer of the accused,
  for the appropriate superior authority or commanding officer to deal summarily with the charge.
 
      (5) Subsection (1) above does not enable the accused to make a further election for court-martial trial in relation to a charge which has been referred back to the appropriate superior authority or commanding officer under subsection (4) above.
 
      (6) Where under section 76B(3) of this Act a charge is amended or one charge is substituted for another, subsection (1) above applies in relation to the amended or substituted charge."
 
      (3) In section 76B of each of the 1955 Acts (summary dealings)-
 
 
    (a) subsections (5), (6) and (8) are omitted,
 
    (b) in subsection (7), for the words from the beginning to "authority" there is substituted "If the commanding officer or appropriate superior authority determines that the charge has been proved, he", and
 
    (c) in subsection (10), after "76A" there is inserted "or 76AA".
      (4) In section 52D of the 1957 Act (summary trial), after subsection (2) there is inserted-
 
 
    "(2A) Where in accordance with regulations under section 52F of this Act two or more charges are together to be tried summarily, any election for court-martial trial must relate to all the charges concerned."
 
      (5) In subsection (3) of that section for "so elects" there is substituted "elects court-martial trial".
 
 
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Prepared 17 December 1999