Criminal Justice Act 2003

3 (1) Section 107 has effect in relation to proceedings before courts-martial (whether in the United Kingdom or elsewhere) with the following modifications.

(2) In subsection (1)—

(a) for “judge and jury” substitute “ court-martial ”;

(b) for “the court is satisfied” substitute “ the judge advocate is satisfied ”;

(c) for the words after paragraph (b) substitute “ the judge advocate must either direct the court to acquit the defendant of the offence or, if he considers that there ought to be a retrial, dissolve the court. ”

(3) In subsection (2)—

(a) for “jury” substitute “ court ”;

(b) for “the court is satisfied” substitute “ the judge advocate is satisfied ”.

(4) In subsection (3)—

(a) for paragraph (a) substitute—

“(a) a court is required to determine under section 115B(2) of the Army Act 1955, section 115B(2) of the Air Force Act 1955 or section 62B(2) of the Naval Discipline Act 1957 whether a person charged with an offence did the act or made the omission charged,”;

(b) for “the court is satisfied” substitute “ the judge advocate is satisfied ”;

(c) for the words after paragraph (c) substitute “the judge advocate must either direct the court to acquit the defendant of the offence or, if he considers that there ought to be a rehearing, dissolve the court.”

(5) For subsection (4) substitute—

“(4) This section does not prejudice any other power a judge advocate may have to direct a court to acquit a person of an offence or to dissolve a court.”