The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009

Powers to make hospital orders etc

83.—(1) Section 169 of AFA 2006 (Court Martial powers where person unfit to stand trial or not guilty by reason of insanity) applies (as well as in the case mentioned in subsection (1)) in the following cases—

(a) where by virtue of article 82 the Court Martial finds that a defendant did the act (or made the omission) charged;

(b) where on a trial by court-martial the defendant was found—

(i) to be unfit to stand trial and to have done the act (or made the omission) charged, or

(ii) to be not guilty by reason of insanity,

and by commencement the court had not made an order by virtue of section 116A(2) of AA 1955 or AFA 1955 or section 63A(2) of NDA 1957.

(2) Where section 169 of AFA 2006 applies by reason of this article—

(a) the reference in subsection (2) to “the court” is to the Court Martial;

(b) subsection (6) is to be treated as omitted;

(c) the functions referred to in subsection (6) are to be exercised by—

(i) the judge advocate who was judge advocate for the court-martial; or

(ii) if that judge advocate made an interim hospital order by virtue of section 116B of AA 1955 or AFA 1955 or section 63B of NDA 1957, that or any other judge advocate.