The Armed Forces (Retrial for Serious Offences) Order 2013

Custody before hearing under article 13(1)

21.—(1) This article applies where notice of an application is given under article 12(1).

(2) If the person to whom the application relates is in service custody under article 20(4)(b) or (5), he must be brought before a judge advocate as soon as practicable and, in any event, within 48 hours after the notice is given.

(3) If that person is not in service custody pursuant to an order under article 20(4)(b) or (5), the judge advocate may, where an application is made to the judge advocate by the prosecuting officer and served by that officer on the court administration officer and the acquitted person—

(a) issue a notice requiring the person to appear before the Court Martial Appeal Court at the hearing of the application; or

(b) issue a warrant for the person’s arrest;

(4) A warrant under paragraph (3)(b) may be issued at any time whether or not a notice has previously been issued under paragraph (3)(a).

(5) Where a notice is issued under paragraph (3)(a), the time and place at which the person must appear may be specified either—

(a) in the notice; or

(b) in a subsequent direction of the judge advocate.

(6) The time or place specified may be varied from time to time by a direction of a judge advocate.

(7) A person arrested under a warrant under paragraph (3)(b) must be brought before a judge advocate as soon as practicable and in any event within 48 hours after his arrest.

(8) If a person is brought before a judge advocate under paragraph (2) or (7) the judge advocate must either—

(a) by order authorise the keeping of the person in service custody to be brought before the Court Martial Appeal Court at the hearing of the application; or

(b) order him to be released from service custody to appear before the Court Martial Appeal Court at the hearing of the application.

(9) If a person is released from service custody pursuant to an order under paragraph (8)(b), a judge advocate may revoke the order and authorise the keeping of the person in service custody as referred to in paragraph (8)(a).

(10) For the purposes of calculating the period referred to in paragraph (2) or (7), the following are to be disregarded—

(a) Saturday;

(b) Sunday;

(c) Christmas Day;

(d) Good Friday; and

(e) any day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom where the person is for the time being detained.