Rules of Procedure (Air Force) (Second Amendment) Rules 1964
| Jurisdiction | UK Non-devolved |
| Citation | SI 1964/1854 |
1964 No. 1854
DEFENCE
ROYAL AIR FORCE
The Rules of Procedure (Air Force) (Second Amendment) Rules 196423rdNovember 1964
27thNovember 1964
28thNovember 1964
The Secretary of State in exercise of the powers conferred on him by sections 103, 104, 105 and 106 of the Air Force Act 1955(a) and of all other powers enabling him in that behalf makes the following Rules:—
Citation and Commencement
1.—(1) These Rules may be cited as the Rules of Procedure (Air Force) (Second Amendment) Rules 1964 and these Rules and the Rules of Procedure (Air Force) 1956(b) (hereinafter referred to as "the Principal Rules") and other Rules(c) amending the Principal Rules shall be construed as one and may be cited together as the "Rules of Procedure (Air Force) 1956".
(2) These Rules shall come into operation on the 28th November 1964.
Interpretation
2.—(1) The Interpretation Act 1889(d) shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.
(2) A Rule or Schedule referred to by number in these Rules means the Rule or Schedule so numbered in the Principal Rules.
Amendments to the Principal Rules
3.—(1) The Principal Rules shall be amended in accordance with the provisions of the following paragraphs of these Rules.
(2) In Rule 2(1)(b) for the words "is guilty but insane" there shall be substituted the words "is not guilty by reason of insanity".
(3) In Rule 89:—
(a) for the heading "INSANITY" there shall be substituted the heading "UNFITNESS TO STAND TRIAL AND INSANITY";
(a) 3 & 4 Eliz. 2. c. 19.
(b) S.I. 1956/163 (1956 II, p. 2020).
(c) S.I. 1961/2152, 1964/1282 (1961 III, p. 3884; 1964 II, p. 2955).
(d) 52 & 53 Vict. c. 63.
(b) for paragraphs (1) and (2) there shall be substituted the following:
(1) Where on the trial of a person the question of his fitness to be tried falls to be determined in accordance with the provisions of subsection (4A) of section 116 of the Act, the court shall take evidence as to his condition. If after considering the evidence they are of the opinion that the accused is fit to stand his trial, they shall proceed with the trial; but if they are of the opinion that the accused is unfit to stand his trial they shall so find and their finding shall be announced in open court forthwith and as being subject to confirmation.
(2) If a court, in the course of their deliberation on their finding on a charge find pursuant to subsection (2) of section 116 of the Act that the accused was...
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