- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/04/1997)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 02/10/2000
Point in time view as at 01/04/1997.
There are currently no known outstanding effects for the Air Force Act 1955 (repealed), Cross Heading: Courts-martial: provisions relating to trial.
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Textual Amendments applied to the whole legislation
F48Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2
(1)An accused about to be tried by any court-martial shall be entitled to object, on any reasonable grounds, to any member of the court, whether appointed originally or in lieu of another [F1member].
(2)For the purpose of enabling the accused to avail himself of the right conferred by the last foregoing subsection, the names of the members of the court shall be read over in the presence of the accused before [F2the officers appointed members] are sworn, and he shall be asked whether he objects to any of [F3the members].
(3)Every objection made by an accused to any [F4member] shall be [F5determined by the judge advocate].
(4)If [F6an objection to the president is allowed], the court shall adjourn and the [F7court administration] officer shall appoint another president.
(5)If [F8an objection to any other officer appointed a member of the court is allowed], the [F9officer] objected to shall retire and the vacancy may, and if otherwise the number of [F10officers] would be reduced below the legal minimum shall, be filled in the prescribed manner by another officer.
[F11(6)If an objection to the judge advocate is allowed, the judge advocate shall retire and another judge advocate shall be appointed by or on behalf of the Judge Advocate General.]
Textual Amendments
F1Word in s. 92(1) substituted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 39(2); S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
F2Words in s. 92(2) substituted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 39(3)(a); S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
F3Words in s. 92(2) substituted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 39(3)(b); S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
F4Word in s. 92(3) substituted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 39(4)(a); S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
F5Words in s. 92(3) substituted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 39(4)(b); S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
F6Words in s. 92(4) substituted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 39(5)(a); S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
F7Words in s. 92(4) substituted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 39(5)(b); S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
F8Words in s. 92(5) substituted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 39(6)(a); S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
F9Word in s. 92(5) substituted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 39(6)(b); S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
F10Word in s. 92(5) substituted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 39(6)(c); S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
F11S. 92(6) inserted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 39(7); S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
(1)An oath shall be administered to every [F12officer appointed a] member of a court-martial and to any person, F13. . ., in attendance on a court-martial as F13. . ., officer [F14or other person] under instruction, F15 or interpreter.
F16(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F17(1B)A witness before a court-martial—
(a)shall be examined on oath if he has attained the age of fourteen; and
(b)shall give evidence unsworn if he is under that age.
(2)Unsworn evidence admitted by virtue of subsection (1B)(b) above may corroborate evidence (sworn or unsworn) given by any other person.]
F18(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)An oath required to be administered under this section shall be in the prescribed form and shall be administered at the prescribed time by the prescribed person and in the prescribed manner.
Textual Amendments
F12Words in s. 93(1) inserted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 40(2)(a); S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
F13Words in s. 93(1) repealed (1.4.1997) by 1996 c. 46, ss. 5, 35(2), Sch. 1 Pt. III para. 4(2)(b), Sch. 7 Pt. I; S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
F14Words inserted by Armed Forces Act 1981 (c. 55), Sch. 2 para. 5(1)
F15Words repealed by Armed Forces Act 1976 (c. 52), Sch. 10
F16S. 93(1A) repealed (1.4.1997) by 1996 c. 46, ss. 5, 35(2), Sch. 1 Pt. III para. 40(3), Sch. 7 Pt. I; S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
F17S. 93(1B)(2) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 71, Sch. 9 para. 3; S.I. 1992/333, art 2(2), Sch. 2
F18S. 93(2A) (which was inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1), Sch. 2 para. 3(1)(b); S.I. 1991/2719, art. 2) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2
(1)Subject to the provisions of this section, a court-martial shall sit in open court and in the presence of the accused.
(2)Nothing in the last foregoing subsection shall affect the power of a court-martial to sit in camera on the ground that it is necessary or expedient in the interests of the administration of justice to do so and without prejudice to that power a court-martial may order that, subject to any exceptions the court may specify, the public shall be excluded from all or any part of the proceedings of the court if it appears to the court that any evidence to be given or statement to be made in the course of the proceedings or that part, as the case may be, might otherwise lead to the disclosure of any information which would or might be directly or indirectly useful to an enemy.
(3)A court-martial shall sit in closed court while deliberating on their finding or sentence on any charge.
(4)A court-martial may sit in closed court on any other deliberation amongst the members.
(5)Where a court-martial sits in closed court, no person shall be present except the members of the court and such other persons as may be prescribed.
[F19(6)The judge advocate shall not be present while the other members of the court are deliberating on their finding on any charge.
(7)Any ruling or direction of the judge advocate on a question of law (including a question of procedure or practice) shall be given in open court.
(8)The judge advocate may determine, and give rulings on, questions of law (including questions of procedure and practice) in the absence of the other members of the court and of any officers and other persons under instruction.]
Textual Amendments
F19S. 94(6)-(8) inserted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 41; S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
(1)Where, [F20before] the commencement of the trial, it appears to the [F21court administration] officer necessary or expedient in the interests of the administration of justice that a court-martial should be dissolved, the [F21court administration] officer may by order dissolve the court-martial.
[F22(1A)Where, after the commencement of the trial, it appears to the judge advocate necessary or expedient in the interests of the administration of justice that a court-martial should be dissolved, he may by order dissolve the court-martial.]
(2)Without prejudice to the generality of the last foregoing subsection, if after the commencement of the trial a court-martial is, by reason of the death of one of the members or for any other reason, reduced below the legal minimum, it shall be dissolved.
(3)If after the commencement of the trial the president dies or is otherwise unable to attend and the court is not reduced below the legal minimum, then—
(a)if the senior member of the court is of the rank of flight lieutenant or corresponding rank or is of higher rank, the [F23judge advocate] may appoint him president and the trial shall proceed accordingly; but
(b)if he is not, the court shall be dissolved.
F24(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Where a court-martial is dissolved under the foregoing provisions of this section the accused may be tried by another court.
Textual Amendments
F20Words in s. 95(1) substituted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 42(2)(a); S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
F21Words in s. 95(1) substituted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 42(2)(b); S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
F22S. 95(1A) inserted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 42(3); S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
F23Words in s. 95(3) substituted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 42(4); S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
F24S. 95(4) repealed (1.4.1997) by 1996 c. 46, ss. 5, 35(2), Sch. 1 Pt. III para. 42(5), Sch. 7 Pt. I; S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
(1)Subject to the provisions of this section, [F25the finding of a court-martial and any sentence awarded] shall be determined by a majority of the votes of the members of the court.
[F26(1A)The judge advocate shall not be entitled to vote on the finding.]
(2)In the case of an equality of votes on the finding, the court shall acquit the accused.
(3)A finding of guilty where the only punishment which the court can award is death shall not have effect unless it is reached with the concurrence of all the members of the court [F27entitled to vote on the finding]; and where on such a finding being come to by a majority of [F28those members] there is no such concurrence, the court shall be dissolved and the accused may be tried by another court.
(4)Where the accused is found guilty and the court has power to sentence him either to death or to some less punishment, sentence of death shall not be passed without the concurrence of all the members of the court.
(5)In the case of an equality of votes on the sentence, F29. . ., the president shall have a second or casting vote.
Textual Amendments
F25Words in s. 96(1) substituted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 43(2); S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
F26S. 96(1A) inserted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 43(3); S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
F27Words in s. 96(3) inserted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 43(4)(a); S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
F28Words in s. 96(3) substituted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 43(4)(b); S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
F29Words in s. 96(5) repealed (1.4.1997) by 1996 c. 46, ss. 5, 35(2), Sch. 1 Pt. III para. 43(5), Sch. 7 Pt. I; S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
(1)Without prejudice to the provisions of section ninety-four of this Act, the finding of a court-martial on each charge shall be announced in open court.
F30(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Any sentence of a court-martial, together with any recommendation to mercy [F31and any reasons for the sentence], shall be announced in open court, F32. . ..
Textual Amendments
F30S. 97(2) repealed (1.4.1997) by 1996 c. 46, s. 35(2), Sch. 7 Pt. II; S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
F31Words in s. 97(3) inserted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 44; S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
F32Words in s. 97(3) repealed (1.4.1997) by 1996 c. 46, s. 35(2), Sch. 7 Pt. II; S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
Modifications etc. (not altering text)
C1S. 97 applied (with modifications) (1.4.1997) by S.I. 1997/172, art. 86
(1)An accused charged before a court-martial with an offence under this Act may, on failure of proof of the offence having been committed under circumstances involving a higher degree of punishment, be found guilty of the offence as having been committed under circumstances involving a less degree of punishment.
(2)An accused charged before a court-martial with any offence may be found guilty of attempting to commit that offence.
(3)An accused charged before a court-martial with attempting to commit an offence may be convicted on that charge notwithstanding that it is proved that he actually committed the offence.
(4)Where an accused is charged before a court-martial under section seventy of this Act in respect of attempting to commit a civil offence, he may be convicted on that charge notwithstanding that it is proved that he actually committed the civil offence.
(5)Where an accused is charged before a court-martial with an offence against section seventy of this Act, and the corresponding civil offence is one in proceedings for which, if he had been tried by a civil court for committing the offence in England, he might have been found guilty of another civil offence, then if the court finds that he has committed that other civil offence he may be convicted of an offence against section seventy of this Act in respect of the commission of that other civil offence.
(6)An accused charged before a court-martial with an offence specified in the first column of the Third Schedule to this Act may be found guilty of an offence specified in relation thereto in the second column of that Schedule.
(1)The rules as to the admissibility of evidence to be observed in proceedings before courts-martial shall [F33,subject to section 99A below [F34to Schedule 13 to the Criminal Justice Act 1988 (evidence before courts-martial etc.)][F35and to service modifications],] be the same as those observed in [F36trials on indictment] in England, and no person shall be required in proceedings before a court-martial to answer any question or to produce any document which he could not be required to answer or produce in similar proceedings [F37in a trial on indictment] in England.
[F38(1A)In this section “service modifications” means such modifications as the Secretary of State may by regulations made by statutory instrument prescribe, being modifications which appear to him to be necessary or proper for the purposes of proceedings before a court-martial; and it is hereby declared that in this section—
“rules” includes rules contained in or made by virtue of an enactment; and
“enactment” includes an enactment contained in an Act passed after this Act.
(1B)Regulations under subsection (1A) above may not modify section 99A below.
(1C)Regulations under subsection (1A) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.]
F39(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)A court-martial shall take judicial notice of all matters of notoriety, including all matters within the general service knowledge of the court, and of all other matters of which judicial notice would be taken in a [F40trial on indictment] in England.
Textual Amendments
F33Words inserted by Armed Forces Act 1976 (c. 52), s. 11, Sch. 5 para. 3(a)
F34Words in s. 99(1) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1), Sch. 2 para. 4(1); S.I. 1991/2719, art. 2
F35Words inserted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(1), Sch. 6 Pt. II para. 29(2)(a)
F36Words in s. 99(1) substituted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 45(2)(a); S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
F37Words in s. 99(1) substituted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 45(2)(b); S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
F38S. 99(1A)–(1C) inserted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(1), Sch. 6 Pt. II para. 29(2)(b)
F39S. 99(2) repealed by Criminal Justice Act 1967 (c. 80), Sch. 7 Pt. I and Armed Forces Act 1981 (c. 55), Sch. 5 Pt. II
F40Words in s. 99(3) substituted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 45(3); S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
Modifications etc. (not altering text)
C2S. 99(1)(3) applied (with modifications) (2.10.2000) by S.I. 2000/2372, rule 27(1)(a)(2)(a)
(1)[F42Without prejudice to section 99 above, section] 9 of the M1Criminal Justice Act 1967 (proof by written statement) shall apply subject to subsection (2) below and to service modifications, for the purposes of proceedings before courts-martial (whether held in the United Kingdom or not) as it applies to proceedings on indictment.
(2)The statements rendered admissible by this section are statements made—
(a)in the United Kingdom by any person, and
(b)outside the United Kingdom by any person who at the time of making the statement was—
(i)a person subject to service law, or
(ii)a person to whom Part II of this Act or Part II of the M2Army Act 1955 is applied by section 208A or section 209 of this Act or that Act respectively, or to whom Parts I and II of the M3Naval Discipline Act 1957 are applied by section 117 or section 118 of that Act;
and the persons mentioned in this paragraph include persons to whom section 131 of this Act, section 131 of the M4Army Act 1955 or section 119 of the M5Naval Discipline Act 1957 apply.
(3)In subsection (1) above “service modifications” means—
(a)modifications made by any regulations under section 12 of the M6Criminal Justice Act 1967 in force on the coming into force of this section, and
(b)such modifications in the said section 9, as applied by subsection (1) above, as the Secretary of State may by regulations made by statutory instrument prescribe thereafter, being modifications which appear to him to be necessary or proper for the purpose of the operation of that section in relation to proceedings before a court-martial.
(4)Regulations under subsection (3)(b) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5)Section 89 of the said Act of 1967 (punishment of making false statements tendered under section 9) shall apply to any statement rendered admissible by this section.]
Textual Amendments
F41S. 99A inserted by Armed Forces Act 1976 (c. 52), s. 11, Sch. 5 paras. 1, 2
F42Words substituted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95),s. 119(1), Sch. 6 Pt. II para. 29(3)
Modifications etc. (not altering text)
C3S. 99A(1)(2)(5) applied (with modifications) (2.10.2000) by S.I. 2000/2372, rule 27(1)(b)(2)(b)
Marginal Citations
A witness before a court-martial or any other person whose duty it is to attend on or before the court shall be entitled to the same immunities and privileges as a witness before the High Court in England.
Where in the United Kingdom or in any colony any person not subject to air-force law—
(a)having been duly summoned to attend as a witness before a court-martial, fails to comply with the summons, or
(b)refuses to swear an oath when duly required by a court-martial to do so, or
(c)refuses to produce any document in his custody or under his control which a court-martial has lawfully required him to produce, or
(d)when a witness, refuses to answer any question which a court-martial has lawfully required him to answer, or
(e)wilfully insults any person, being a member of a court-martial or a witness or any other person whose duty it is to attend on or before the court, while that person is acting as a member thereof [F43or is so attending], or wilfully insults any such person as aforesaid while that person F44is going to or returning from the proceedings of the court, or
(f)wilfully interrupts the proceedings of a court-martial or otherwise misbehaves before the court, or
(g)does any other thing which would, if the court-martial had been a court of law having power to commit for contempt, have been contempt of that court,
the president of the court-martial may certify the offence of that person under his hand to any court of law in the part of the United Kingdom or in the colony, as the case may be, where the offence is alleged to have been committed, being a court having power to commit for contempt, and that court of law may thereupon inquire into the alleged offence and after hearing any witnesses who may be produced against or on behalf of the person charged with the offence, and after hearing any statement that may be offered in defence, punish or take steps for the punishment of that person in like manner as if he had been guilty of contempt of the court to which the offence is certified:
Provided that where the offence is alleged to have been committed in the United Kingdom and the court-martial was held outside the United Kingdom, the certifying of the offence may be done by [F45the Defence Council] or any officer authorised by them.
Textual Amendments
F43Words inserted by Army and Air Force Act 1961 (c. 52), Sch. 2
F44Words repealed by Army and Air Force Act 1961 (c. 52), Sch. 2
F45Words substituted by S.I. 1964/488, Sch. 1 Pt. I
(1)If—
(a)a person required by virtue of this Act to take an oath for the purposes of proceedings before a court-martial objects to being sworn, F46. . . , or
(b)it is not reasonably practicable to administer an oath to such a person as aforesaid in the manner appropriate to his religious belief,
he shall be permitted to make a solemn affirmation in the prescribed form instead of taking an oath.
[F47(2)A person who may be permitted under this section to make his solemn affirmation may also be required to do so, and for the purposes of this section “reasonably practicable” means reasonably practicable without inconvenience or delay.]
Textual Amendments
F46Words repealed by Administration of Justice Act 1977 (c. 38), Sch. 5 Pt. III
F47S. 102(2) added by Oaths Act 1961 (c. 21), s. 1; saved by Oaths Act 1978 (c. 19), s. 7(4)(5)
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