Armed Forces Discipline Act 2000
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Armed Forces Discipline Act
2000
CHAPTER 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.
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ii c. 4Armed Forces Discipline Act 2000
Section
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.
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ELIZABETH II c. 4
Armed Forces Discipline Act
2000
2000 CHAPTER 4
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
1.—(1) For section 75 of the Army Act 1955 (provisions for avoiding Custody without
charge.
delay after arrest) there is substituted—
1955 c. 18.
“Custody
Limitations on 75.—(1) A person arrested under section 74 of this Act
custody without shall not be kept in military custody without being
charge. 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
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