Yn ddilys o 01/01/2008
(1)Subsections (2) to (4) apply in relation to a charge against a person (“the accused”) preferred by the prosecuting authority.
(2)The accused shall be arraigned at a hearing before a judge advocate.
(3)That hearing may take place at any time before the time when the court-martial that is to try the charge first sits.
(4)The arraignment is to be treated as having occurred before the court-martial.
(5)Rules under section 58 may make provision for and in connection with the making of orders and rulings by a judge advocate at a hearing at which the accused is arraigned, including in particular—
(a)provision corresponding to any provision of, or that may be made by virtue of, sections 31, 33, 34 and 37 of the Criminal Procedure and Investigations Act 1996, subject to such modifications as the Secretary of State considers appropriate;
(b)provision for the variation or discharge of such orders and rulings.
(6)The reference in subsection (1) to a charge preferred by the prosecuting authority includes—
(a)a charge substituted by the prosecuting authority; and
(b)where a charge is amended by the prosecuting authority before the accused is arraigned in respect of it, the charge as so amended.
(7)Nothing in this section applies in relation to a charge preferred or substituted after the time when the court-martial first sits.]
Textual Amendments
F1S. 58A inserted (1.1.2008) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 34; S.I. 2007/2913, art. 3
Textual Amendments applied to the whole legislation
F2Act repealed (prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17 and the repeal being partly in force, as to which see individual provisions