71AA Young service offenders : custodial orders.

1

Where a person who has attained seventeen years of age but is under twenty-one years of age is foung guilty by a court-martial of an offence punishable under this Act with imprisonment, the court shall have power, instead of so punishing him, to make an order (in this section referred to as a “custodial order” ) committing him to be detained in accordance with the provisions of this section for a maximum period to be specified in the order of not more than two years.

2

If a person is outside the United Kingdom at the time a custodial order is made in respect of him, he shall as soon as practicable after the confirmation of the sentence is completed be removed to the United Kingdom.

3

A person in respect of whom a custodial order has been made shall be detained in such appropriate institution as the Secretary of State may direct, and any enactment applying to persons detained in any such institution shall apply to a person so detained under this section.

4

A custodial order shall be sufficient authority for the detention of the person subject to it in service custody until he is received into the institution specified in the Secretary of State’s direction.

5

Sections 71(3) and (4), 114(1), 118(1), 119A(1) and (3) and 145 of this Act shall apply in the case of a sentence under a custodial order as they apply in the case of a sentence of detention (or, in the case of section 71(3), imprisonment) ; and so shall sections 119(2), (4) and (5), 122, 123, 129, 142 and 190B for the period before a person sentenced under such an order is received into the institution where he is to be detained (or for the currency of the sentence if its term ends before he is so received).

6

In this section “appropriate institution” means—

a

where the offender is in or removed to England or Wales—

i

if the maximum period specified in the order exceeds six months, a borstal institution, and

ii

in any other case, a detention centre ;

b

where the offender is in or removed to Scotland—

i

in the case of a male person ordered to be detained for a period of at least twenty-eight days but not exceeding four months, a detention centre, and

ii

in any other case, a young offenders institution ;

c

where the offender is in or removed to Northern Ireland, a young offenders centre.

7

This section does not apply to offenders who are civilians (as regards whom similar provision is made by paragraph 10 of Schedule 5A to this Act).

43AA Young service offenders : custodial orders.

1

Where a person who has attained seventeen years of age but is under twenty-one years of age is found guilty by a court-martial of an offence punishable under this Act with imprisonment, the court shall have power, instead of so punishing him, to make an order (in this section referred to as a “custodial order”) committing him to be detained in accordance with the provisions of this section for aa maximum period to be specified in the order of not more than two years.

2

If a person is outside the United Kingdom at the time a custodial order is made in respect of him, he shall as soon as practicable be removed to the United Kingdom.

3

A person in respect of whom a custodial order has been made shall be detained in such appropriate institution as the Secretary of State may direct, and any enactment applying to persons detained in any such institution shall apply to a person so detained under this section.

4

A custodial order shall be sufficient authority for the detention of the person subject to it in service custody until he is received into the institution specified in the Secretary of State’s direction.

5

Sections 43(3) and (4), 85(1), 89(1) and (3) and 92(1) of this Act shall apply in the case of a sentence under a custodial order as they apply in the case of a sentence of detention (or, in the case of section 43(3), imprisonment) ; and so shall sections 81, 82, 87, 88, 104, 119 and 130A for the period before a person sentenced under such an order is received into the institution where he is to be detained (or for the currency of the sentence if its term ends before he is so received).

6

In this section “appropriate institution” means—

a

where the offender is in or removed to England or Wales—

i

if the maxium period specified in the order exceeds six months, a borstal institution, and

ii

in any other case, a detention centre ;

b

where the offender is in or removed to Scotland—

i

in the case of a male person ordered to be detained for a period of at least twenty-eight days but not exceeding four months, a detention centre, and

ii

in any other case, a young offenders institution ;

c

where the offender is in or removed to Northern Ireland, a young offenders centre.

7

This section does not apply to offenders who are civilians (as regards whom similar provision is made by paragraph 10 of Schedule 4A to this Act).

bb

detention by virtue of a custodial order made under section 43AA of this Act ;

4A

This section has effect subject to section 77A of this Act

77A Power to stay further proceedings.

Where, in the course of investigating a charge, it appears to the accused’s commanding officer that proceedings in respect of the matters to which the charge relates could be, and in the interests of the better administartion of justice ought to be, taken against the accused otherwise than under this Act he may stay further proceedings on the charge.

4A

Where it appears to a confirming officer that a court-martial, in sentencing the accused for an offence, exceeded or erroneously exercised its powers under section 105 of this Act to take other offences into consideration, he shall, whether or not he substitutes a different sentence or remits or commutes punishment, annul the taking into consideration of the other offence or offences in question and any orders dependent thereon ; and where he does so, the offence or offences shall be treated for all purposes as not having been taken into consideration.

c

in any case, exercise the like powers of substituting findings, substituting sentences, remmiting or commuting punishment or annulling the taking of other offences into consideration (and orders dependent thereon) as are conferred on a confirming officer by subsections (2) to (4A) of section 110 of this Act ;

c

in any case, subject to sub-paragraph (3) below, exercise the like powers of substituting findings, substituting sentences, remitting or commuting punishment or annulling the taking of other offences into consideration (and orders dependent thereon) as are conferred on a confirming officer in relation to the findings and sentences of courts-martial by subsections (2) to (4A) of section 110 of the Army Act 1955 ;

1A

Where it appears to the Defence Council that the court, in sentencing the accused for an offence, exceeded or erroneously exercised its powers under section 58(2)(aa) of this Act to take other offences into consideration they shall, whether or not they remit or commute the sentence or substitute a different sentence, annul the taking into consideration of the other offence or offences in question and any orders dependent thereon ; and where they do so, the offence or offences shall be treated for all purposes as not having been taken into consideration.

3A

The right of a person or his representatives to obtain a copy of the record under this section does not extend to so much of the record as relates only to a charge of which he was found not guilty.

141A Right of penalised parent or guardian to copy of record of court-martial proceedings.

1

Subject to the provisions of this section, where a court-martial imposes a fine on or makes a compensation order against a parent or guardian under paragraph 13 of Schedule 5A to this Ac, the parent or guardian shall be entitled to obtain from the Judge Advocate General on demand at any time within the relevant period therefore at such rate as the Judge Advocate General may determine a copy of the relevant part of the record of the proceedings of the court.

2

Where the parent or guardian dies within the relevant period, his personal representatives or any person who in the opinion of the Judge Advocate General ought to be treated for the purposes of this subsection as his personal representative shall, subject to the provisions of this section, be entitled to obtain from the Judge Advocate General on demand at any time within the period of twelve months fromthe death and on payment therefor at the rate determined under subsection (1) above a copy of the relevant part of the record of the proceedings of the court.

3

In a case where this section applies, any entitlement conferred by subsection (1) or (2) above is in addition to any entitlement conferred by section 141(2) or (3) of this Act.

4

If, on an application in pursuance of this section for a copy of the record of any proceedings, the Secretary of State certifies that it is requisite for reasons of security that the proceedings or any part thereof should not be disclosed, the applicant shall not be entitlerd to a copy of the proceedings or part to which the certificate relates.

5

In this section “the relevant period” means the period of five years beginning with the date of the promulgation of the findings and sentence.

6

In this section “the relevant part of the record” means so much of the record as relates to compliance with the requirements of the said paragraph 13 or to any matters taken into account by the court in deciding to impose the fine or make the compensation order.

7

Subsection (6) of section 141 of this Act applies for the purposes of this section as it applies for the purposes of that section.

66A Right of penalised parent or guardian to copy of record of court-martial proceedings.

1

Subject to the provisions of this section, where a court-martial imposes a fine on or makes a compensation order against a parent or guardian under paragraph 13 of Schedule 4A to this Act, the parent or guardian shall be entitled, on application made to the Defence Council within five years after the conclusion of the proceedings before the court-martial, to receive a copy of the relevant part of the record of the proceedings, subject to payment of such fee (if any), not exceeding the cost of making the copy, as may be required by the Defence Council.

2

Where the parent or guardian dies within the period of five years mentioned in subsection (1) of this section, his personal representatives, or any person who in the opinion of the Defence Council ought to be treated for the purposes of this subsection as his personal representative, shall, on application made to the Defence Council within one year after his death, have the like right to receive a copy of the relevant part of the record as that person would have had on application made under that subsection.

3

In a case where this section applies, any entitlement conferred by subsection (1) or (2) above is in addition to any entitlement conferred by section 66(2) or (3) of this Act.

4

If, on application made in pursuance of this section for a copy of the record of any proceedings, the Defence Council certify that it is necessary for reasons of security that any part of the proceedings should not be disclosed, the applicant shall not be entitled to a copy of the part to which the certificate relates.

5

In this section “the relevant part of the record” means so much of the record as relates to compliance with the requirements of the said paragraph 13 or to any matters taken into account by the court in deciding to impose the fine or make the compensation order.