Armed Forces Discipline Act 2000

4Custody during court-martial proceedings

(1)After section 75G of the [1955 c. 18.] Army Act 1955 there is inserted—

“75HCustody during court-martial proceedings

(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 [1955 c. 19.] Air Force Act 1955 there is inserted—

“75HCustody during court-martial proceedings

(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—

“47JCustody during court-martial proceedings

(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.”