COMMENTED by
Armed Forces Discipline Act 2000 c.4 (Note)

Armed Forces Discipline Act 2000 c.4

Armed Forces Discipline Act 2000

2000 Chapter c.4

ARRANGEMENT OF SECTIONS

Custody

Section

1. - Custody without charge.

2. - Custody after charge.

3. - Review of custody after charge.

4. - Custody during court-martial proceedings.

5. - Release from custody after charge or during proceedings.

6. - Arrest during proceedings.

7. - Judicial officers.

8. - Custody rules.

9. - Bail in proceedings for illegal absence.

10. - Further amendments relating to custody.

Election for court-martial trial

11. - Right to elect court-martial trial.

12. - Limit on powers of courts-martial where accused elected court-martial trial.

Functions of prosecuting authority

13. - Functions of prosecuting authority.

Summary appeal courts

14. - Summary appeal courts.

15. - Appointment of judge advocates.

16. - Officers qualified for membership of summary appeal court.

17. - Constitution of court for appeals.

18. - Right of appeal.

19. - Hearing of appeals.

20. - Powers of court.

21. - Making of, and appeals from, decisions of court.

22. - Rules.

23. - Oaths required of members of court.

24. - Privilege of witnesses and others.

25. - Further amendments relating to summary appeal courts.

Supplemental

26. - Interpretation.

27. - Repeals.

28. - Short title and commencement.

SCHEDULES:

Schedule 1 - Amendments of 1955 Acts and 1957 Act relating to custody.

Schedule 2 - Functions of prosecuting authority.

Schedule 3 - Amendments of 1955 Acts and 1957 Act relating to summary appeal courts.

Schedule 4 - Repeals.

An Act to amend the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957 in relation to custody, the right to elect court-martial trial and appeals against findings made or punishments awarded on summary dealing or summary trial; and for connected purposes.

[25th May 2000]

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

Custody

Custody without charge.

1. - (1) For section 75 of the Army Act 1955 (provisions for avoiding delay after arrest) there is substituted-

"CustodyLimitations on custody without charge. 75. - (1) A person arrested under section 74 of this Act shall not be kept in military custody without being charged except in accordance with sections 75A to 75C of this Act.

(2) If at any time the commanding officer of a person who is kept in military custody without being charged-

(a) becomes aware that the grounds for keeping that person in military custody have ceased to apply; and (b) is not aware of any other grounds on which continuing to keep that person in military custody could be justified under the provisions of this Act, it shall be the duty of the commanding officer, subject to subsection (3) below, to order his immediate release from military custody.

(3) A person who appears to his commanding officer to have been unlawfully at large when he was arrested is not to be released under subsection (2) above.

(4) For the purposes of this section and sections 75A to 75K of this Act a person is to be treated as charged with an offence when he is informed in accordance with regulations of the Defence Council that a charge is to be reported to his commanding officer under section 76(1) of this Act.

Authorisation of custody without charge. 75A. - (1) Where a person is arrested under section 74 of this Act-

(a) the arrest, and (b) any grounds on which he is being kept in military custody without being charged, shall be reported as soon as practicable to his commanding officer.

(2) Until such a report is made, the person may be kept in military custody without being charged, but only if the person who made the arrest has reasonable grounds for believing that keeping him in military custody without charge is nece...

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