SCHEDULE 1 Procedure for dealing with offences under Services Acts.
Part I Summary disposal of offences
Army Act 1955 (c. 18)
1
The Army Act 1955 shall be amended as follows.
2
“76 Investigation of charges by commanding officer
(1)
An allegation that a person subject to military law (“the accused") has committed an offence against any provision of this Part of this Act shall be reported, in the form of a charge, to his commanding officer.
(2)
A commanding officer shall investigate a charge reported to him under subsection (1) above.
(3)
If, in the course of investigating a charge, the commanding officer considers it appropriate to do so, he may amend the charge or substitute another charge for it and treat the amended or substituted charge as if that charge had been reported to him under subsection (1) above.
(4)
If, in the course of investigating a charge, it appears to the commanding officer that proceedings in respect of the matters to which the charge relates could be, and in the interests of the better administration of justice should be, taken against the accused otherwise than under this Act he may stay further proceedings with respect to the charge.
(5)
After investigating a charge the commanding officer may, subject to subsection (6) below—
(a)
dismiss the charge;
(b)
refer the charge to higher authority; or
(c)
deal summarily with the charge.
(6)
The commanding officer may not deal summarily with a charge if—
(a)
the accused is an officer or warrant officer; or
(b)
the charge is not capable of being dealt with summarily.
(7)
This section has effect subject to any power of the commanding officer under section 103A(1) below to direct that the charge be tried by a field general court-martial.
76A Powers of higher authority.
(1)
Where a charge is referred to higher authority, the higher authority shall refer the case to the prosecuting authority unless he takes one of the steps mentioned in this section in relation to the charge.
(2)
The higher authority may refer the charge back to the commanding officer of the accused with a direction to dismiss it or to stay all further proceedings in relation to it, and the commanding officer shall deal with the charge accordingly.
(3)
If the charge is against a non-commissioned officer or soldier and is capable of being dealt with summarily, the higher authority may refer it back to the commanding officer of the accused to be so dealt with.
(4)
If the charge is against an officer below the rank of lieutenant-colonel or a warrant officer and is capable of being dealt with summarily, the higher authority may refer it to the appropriate superior authority to be so dealt with.
(5)
If the charge has been referred to the higher authority as a result of an election for court-martial trial, and that election has not been withdrawn with leave, he may not refer the charge back to the commanding officer of the accused, or (as the case may be) to the appropriate superior authority, to be dealt with summarily.
(6)
This section has effect subject to any power of the higher authority under section 103A(1) below to direct that the charge be tried by a field general court-martial.
76B Summary dealings.
(1)
This section applies where a charge is to be dealt with summarily by a commanding officer or appropriate superior authority.
(2)
References in this Act to dealing summarily with a charge are references to the taking of the following action, namely, determining whether the charge is proved and, accordingly, either dismissing the charge or recording a finding that the charge has been proved and awarding punishment.
(3)
If, before determining whether the charge is proved, he considers it appropriate to do so, the commanding officer or appropriate superior authority may amend the charge or substitute another charge for it and treat the amended or substituted charge as the charge to be dealt with summarily by him.
(4)
If, before determining whether the charge is proved, he considers that it should not be dealt with summarily, the commanding officer or appropriate superior authority may refer the charge to higher authority.
(5)
If he determines that the charge has been proved, the commanding officer or appropriate superior authority shall, before recording a finding that the charge has been proved, afford the accused an opportunity of electing court-martial trial.
(6)
If the accused so elects, the commanding officer or appropriate superior authority shall refer the charge to higher authority with a view to the trial of the accused by court-martial.
(7)
If the accused does not so elect, or so elects but subsequently withdraws his election with leave, the commanding officer or appropriate superior authority shall record a finding that the charge has been proved and award punishment accordingly.
(8)
If a charge has been referred to higher authority as a result of an election for court-martial trial, and that election is withdrawn with leave, the higher authority shall—
(a)
if the accused is an officer or warrant officer, refer the charge back to the appropriate superior authority;
(b)
if the accused is a non-commissioned officer or soldier, refer the charge back to the commanding officer of the accused,
for the appropriate superior authority or commanding officer to record a finding that the charge has been proved and award punishment accordingly.
(9)
This section has effect subject to any power of the commanding officer or appropriate superior authority under section 103A(1) below to direct that the charge be tried by a field general court-martial.
(10)
Nothing in this section or section 76A above shall be taken to prevent an officer from acting as both higher authority and appropriate superior authority in relation to a charge.
76C Punishments available on summary dealings.
(1)
This section applies where a commanding officer or appropriate superior authority records a finding that a charge against an accused has been proved.
(2)
The commanding officer may award one or more of the following punishments—
(a)
if the offender is a soldier, detention for a period not exceeding 60 days;
(b)
fine;
(c)
if the offender is a non-commissioned officer, severe reprimand or reprimand;
(d)
where the offence has occasioned any expense, loss or damage, stoppages;
(e)
any minor punishment for the time being authorised by the Defence Council.
(3)
The appropriate superior authority may award one or more of the following punishments—
(a)
except in the case of a warrant officer, forfeiture of seniority for a specified term or otherwise;
(b)
fine;
(c)
severe reprimand or reprimand;
(d)
where the offence has occasioned any expense, loss or damage, stoppages.
(4)
The commanding officer may not award a fine or minor punishment for an offence for which he awards detention.
(5)
The appropriate superior authority may not award a fine for an offence for which he awards forfeiture of seniority.
(6)
Except in the case of an offence against section 70 of this Act, the amount of a fine shall not exceed the amount of the offender’s pay for twenty-eight days.
(7)
In the case of an offence against section 70 of this Act where the corresponding civil offence is a summary offence, the amount of a fine shall not exceed—
(a)
the amount of the offender’s pay for twenty-eight days; or
(b)
(if less) the maximum amount of the fine which could be imposed by a civil court on summary conviction.
(8)
In the case of an offence against section 70 of this Act where the corresponding civil offence is an indictable offence, the amount of a fine shall not exceed—
(a)
the amount of the offender’s pay for twenty-eight days; or
(b)
(if less) the maximum amount of the fine which could be imposed by a civil court on conviction on indictment.
(9)
A day’s pay shall be taken, for the purposes of subsections (6) to (8) above, to be the gross pay that is, or would (apart from any forfeiture) be, issuable to the offender in respect of the day on which punishment is awarded in respect of the offence.
(10)
If the offender is a lance-corporal or lance-bombardier, the commanding officer may, if he awards no other punishment or no other punishment except stoppages, order the offender to be reduced to the ranks.
(11)
If the offender is an acting warrant officer or non-commissioned officer, the commanding officer may, if he awards no other punishment or no other punishment except stoppages, order the offender—
(a)
to revert to his permanent rank;
(b)
to assume an acting rank lower than that held by him but higher than his permanent rank; or
(c)
where his permanent rank is that of lance-corporal or lance-bombardier, to forfeit his acting rank and be reduced to the ranks.”
3
Sections 77 to 80 shall cease to have effect.
4
(1)
Section 82 (officers who are to act as commanding officers and appropriate superior authorities) shall be amended as follows.
(2)
“(2)
A person may act as appropriate superior authority in relation to a person charged with an offence if—
(a)
he is a general officer, flag officer, air officer or brigadier, or
(b)
where the Defence Council so direct, he is a colonel or a naval or air force officer of corresponding rank.”
(3)
Subsection (3) shall cease to have effect.
5
“83 Regulations as to summary dealings etc.
(1)
The Defence Council may make regulations with respect to the investigation of charges by commanding officers and summary dealings by commanding officers and appropriate superior authorities.
(2)
Regulations under this section may in particular make provision with respect to—
(a)
the reporting of a charge to a commanding officer;
(b)
the procedure to be followed by a commanding officer investigating a charge;
(c)
the delegation by the commanding officer of any of his functions;
(d)
the charges which are capable of being dealt with summarily;
(e)
the amendment or substitution of charges;
(f)
the procedure on summary dealings;
(g)
limitations on the punishments which may be awarded on a summary dealing by a commanding officer or appropriate superior authority of a specified description;
(h)
the information to be provided to a person afforded an opportunity of electing court-martial trial;
(i)
the procedure for electing court-martial trial, including any period within which any such election may be made;
(j)
the procedure for requesting leave to withdraw an election for court-martial trial and for withdrawing any such election;
(k)
who may act as the higher authority and the appropriate superior authority in specified descriptions of cases;
(l)
who is to act as the higher authority and the appropriate superior authority in any particular case.
(3)
A regulation under this section which is inconsistent with the provisions of this Act shall to the extent of the inconsistency be void.”
Air Force Act 1955 (c. 19)
6
The Air Force Act 1955 shall be amended as follows.
7
“76 Investigation of charges by commanding officer
(1)
An allegation that a person subject to air-force law (“the accused") has committed an offence against any provision of this Part of this Act shall be reported, in the form of a charge, to his commanding officer.
(2)
A commanding officer shall investigate a charge reported to him under subsection (1) above.
(3)
If, in the course of investigating a charge, the commanding officer considers it appropriate to do so, he may amend the charge or substitute another charge for it and treat the amended or substituted charge as if that charge had been reported to him under subsection (1) above.
(4)
If, in the course of investigating a charge, it appears to the commanding officer that proceedings in respect of the matters to which the charge relates could be, and in the interests of the better administration of justice should be, taken against the accused otherwise than under this Act he may stay further proceedings with respect to the charge.
(5)
After investigating a charge the commanding officer may, subject to subsection (6) below—
(a)
dismiss the charge;
(b)
refer the charge to higher authority; or
(c)
deal summarily with the charge.
(6)
The commanding officer may not deal summarily with a charge if—
(a)
the accused is an officer or warrant officer; or
(b)
the charge is not capable of being dealt with summarily.
(7)
This section has effect subject to any power of the commanding officer under section 103A(1) below to direct that the charge be tried by a field general court-martial.
76A Powers of higher authority.
(1)
Where a charge is referred to higher authority, the higher authority shall refer the case to the prosecuting authority unless he takes one of the steps mentioned in this section in relation to the charge.
(2)
The higher authority may refer the charge back to the commanding officer of the accused with a direction to dismiss it or to stay all further proceedings in relation to it, and the commanding officer shall deal with the charge accordingly.
(3)
If the charge is against a non-commissioned officer or airman and is capable of being dealt with summarily, the higher authority may refer it back to the commanding officer of the accused to be so dealt with.
(4)
If the charge is against an officer below the rank of wing commander or a warrant officer and is capable of being dealt with summarily, the higher authority may refer it to the appropriate superior authority to be so dealt with.
(5)
If the charge has been referred to the higher authority as a result of an election for court-martial trial, and that election has not been withdrawn with leave, he may not refer the charge back to the commanding officer of the accused, or (as the case may be) to the appropriate superior authority, to be dealt with summarily.
(6)
This section has effect subject to any power of the higher authority under section 103A(1) below to direct that the charge be tried by a field general court-martial.
76B Summary dealings.
(1)
This section applies where a charge is to be dealt with summarily by a commanding officer or appropriate superior authority.
(2)
References in this Act to dealing summarily with a charge are references to the taking of the following action, namely, determining whether the charge is proved and, accordingly, either dismissing the charge or recording a finding that the charge has been proved and awarding punishment.
(3)
If, before determining whether the charge is proved, he considers it appropriate to do so, the commanding officer or appropriate superior authority may amend the charge or substitute another charge for it and treat the amended or substituted charge as the charge to be dealt with summarily by him.
(4)
If, before determining whether the charge is proved, he considers that it should not be dealt with summarily, the commanding officer or appropriate superior authority may refer the charge to higher authority.
(5)
If he determines that the charge has been proved, the commanding officer or appropriate superior authority shall, before recording a finding that the charge has been proved, afford the accused an opportunity of electing court-martial trial.
(6)
If the accused so elects, the commanding officer or appropriate superior authority shall refer the charge to higher authority with a view to the trial of the accused by court-martial.
(7)
If the accused does not so elect, or so elects but subsequently withdraws his election with leave, the commanding officer or appropriate superior authority shall record a finding that the charge has been proved and award punishment accordingly.
(8)
If a charge has been referred to higher authority as a result of an election for court-martial trial, and that election is withdrawn with leave, the higher authority shall—
(a)
if the accused is an officer or warrant officer, refer the charge back to the appropriate superior authority;
(b)
if the accused is a non-commissioned officer or airman, refer the charge back to the commanding officer of the accused,
for the appropriate superior authority or commanding officer to record a finding that the charge has been proved and award punishment accordingly.
(9)
This section has effect subject to any power of the commanding officer or appropriate superior authority under section 103A(1) below to direct that the charge be tried by a field general court-martial.
(10)
Nothing in this section or section 76A above shall be taken to prevent an officer from acting as both higher authority and appropriate superior authority in relation to a charge.
76C Punishments available on summary dealings.
(1)
This section applies where a commanding officer or appropriate superior authority records a finding that a charge against an accused has been proved.
(2)
The commanding officer may award one or more of the following punishments—
(a)
if the offender is an airman, detention for a period not exceeding 60 days;
(b)
fine;
(c)
if the offender is a non-commissioned officer, severe reprimand or reprimand;
(d)
where the offence has occasioned any expense, loss or damage, stoppages;
(e)
any minor punishment for the time being authorised by the Defence Council.
(3)
The appropriate superior authority may award one or more of the following punishments—
(a)
except in the case of a warrant officer, forfeiture of seniority for a specified term or otherwise;
(b)
fine;
(c)
severe reprimand or reprimand;
(d)
where the offence has occasioned any expense, loss or damage, stoppages.
(4)
The commanding officer may not award a fine or minor punishment for an offence for which he awards detention.
(5)
The appropriate superior authority may not award a fine for an offence for which he awards forfeiture of seniority.
(6)
Except in the case of an offence against section 70 of this Act, the amount of a fine shall not exceed the amount of the offender’s pay for twenty-eight days.
(7)
In the case of an offence against section 70 of this Act where the corresponding civil offence is a summary offence, the amount of a fine shall not exceed—
(a)
the amount of the offender’s pay for twenty-eight days; or
(b)
(if less) the maximum amount of the fine which could be imposed by a civil court on summary conviction.
(8)
In the case of an offence against section 70 of this Act where the corresponding civil offence is an indictable offence, the amount of a fine shall not exceed—
(a)
the amount of the offender’s pay for twenty-eight days; or
(b)
(if less) the maximum amount of the fine which could be imposed by a civil court on conviction on indictment.
(9)
A day’s pay shall be taken, for the purposes of subsections (6) to (8) above, to be the gross pay that is, or would (apart from any forfeiture) be, issuable to the offender in respect of the day on which punishment is awarded in respect of the offence.
(10)
If the offender is an acting warrant officer or non-commissioned officer, the commanding officer may, if he awards no other punishment or no other punishment except stoppages, order the offender—
(a)
to revert to his permanent rank; or
(b)
to assume an acting rank lower than that held by him but higher than his permanent rank.”
8
Sections 77 to 80 shall cease to have effect.
9
(1)
Section 82 (officers who are to act as commanding officers and appropriate superior authorities) shall be amended as follows.
(2)
“(2)
A person may act as appropriate superior authority in relation to a person charged with an offence if—
(a)
he is an air officer, flag officer, general officer or brigadier, or
(b)
where the Defence Council so direct, he is a group captain or a naval or military officer of corresponding rank.”
(3)
Subsection (3) shall cease to have effect.
10
“83 Regulations as to summary dealings etc.
(1)
The Defence Council may make regulations with respect to the investigation of charges by commanding officers and summary dealings by commanding officers and appropriate superior authorities.
(2)
Regulations under this section may in particular make provision with respect to—
(a)
the reporting of a charge to a commanding officer;
(b)
the procedure to be followed by a commanding officer investigating a charge;
(c)
the delegation by the commanding officer of any of his functions;
(d)
the charges which are capable of being dealt with summarily;
(e)
the amendment or substitution of charges;
(f)
the procedure on summary dealings;
(g)
limitations on the punishments which may be awarded on a summary dealing by a commanding officer or appropriate superior authority of a specified description;
(h)
the information to be provided to a person afforded an opportunity of electing court-martial trial;
(i)
the procedure for electing court-martial trial, including any period within which any such election may be made;
(j)
the procedure for requesting leave to withdraw an election for court-martial trial and for withdrawing any such election;
(k)
who may act as the higher authority and the appropriate superior authority in specified descriptions of cases;
(l)
who is to act as the higher authority and the appropriate superior authority in any particular case.
(3)
A regulation under this section which is inconsistent with the provisions of this Act shall to the extent of the inconsistency be void.”
Part II The prosecuting authority
Army Act 1955 (c. 18)
14
“ The prosecuting authority
83A The prosecuting authority.
(1)
Her Majesty may appoint a qualified officer belonging to Her military forces to be the prosecuting authority for the Army; and in this Act “the prosecuting authority” means the officer so appointed.
(2)
An officer shall not be qualified to be appointed as the prosecuting authority unless he is—
(a)
a person who has a ten year general qualification within the meaning of section 71 of the M1Courts and Legal Services Act 1990;
(b)
an advocate or solicitor in Scotland of at least ten years’ standing; or
(c)
a member of the Bar of Northern Ireland, or a solicitor of the Supreme Court of Northern Ireland, of at least ten years’ standing.
83B Functions of the prosecuting authority.
(1)
This section applies where a case has been referred to the prosecuting authority.
(2)
If the case has been referred to him as a result of an election for court-martial trial, and that election is withdrawn with leave, the prosecuting authority shall—
(a)
if the accused is an officer or warrant officer, refer the case to the appropriate superior authority;
(b)
if the accused is a non-commissioned officer or soldier, refer the case to the commanding officer of the accused,
for the appropriate superior authority or commanding officer to record a finding that the preliminary charge has been proved and award punishment accordingly.
(3)
In subsection (2) above “the preliminary charge” means the charge for which punishment would have been awarded had the accused not elected court-martial trial.
(4)
If the prosecuting authority considers that court-martial proceedings under this Act should be instituted, he shall—
(a)
determine any charge to be preferred and (subject to subsection (5) below) whether any such charge is to be tried by general court-martial or district court-martial; and
(b)
prefer any charge so determined by him.
(5)
The prosecuting authority shall not determine that a charge against an officer be tried by district court-martial.
(6)
The prosecuting authority shall, in accordance with rules under section 103 of this Act, notify the commanding officer of the accused and a court administration officer of any charge preferred and the description of court-martial by which that charge is to be tried; and the commanding officer shall, in accordance with any such rules, inform the accused accordingly.
(7)
The prosecuting authority shall have the conduct of any court-martial proceedings under this Act against the accused.
(8)
Without prejudice to any other power of his in relation to the conduct of the proceedings, the prosecuting authority may, in accordance with rules under section 103 of this Act—
(a)
amend, or substitute another charge or charges for, any charge preferred;
(b)
prefer an additional charge, or additional charges, against the accused;
(c)
discontinue proceedings on any charge.
(9)
The powers mentioned in subsection (8)(a) above may be exercised in relation to an amended or substituted charge as well as in relation to any charge preferred by the prosecuting authority.
(10)
The prosecuting authority may not exercise any power mentioned in subsection (8)(a) or (c) above in relation to any charge against the accused after the commencement of the trial of that charge unless the court-martial gives him leave to do so.
(11)
If, before the commencement of the trial of a charge against the accused (“the original charge"), the prosecuting authority exercises the power mentioned in subsection (8)(b) above, he may, in accordance with rules under section 103 of this Act, direct any additional charge to be tried by the court-martial convened to try the original charge; and where he does so, subsection (6) above shall apply with such exceptions and modifications as may be prescribed.
(12)
The prosecuting authority may not exercise the power mentioned in subsection (8)(b) above after the commencement of the trial of a charge against the accused unless the court-martial gives him leave to do so; and where the prosecuting authority exercises that power with the leave of the court-martial, the court may try any additional charge preferred.
(13)
If, before the commencement of the trial of any charge, the prosecuting authority discontinues proceedings on that charge, he may direct that, for the purposes of section 134 of this Act, the accused is to be deemed to have been tried by court-martial for the offence charged.
(14)
If, after the commencement of the trial of any charge, the prosecuting authority discontinues proceedings on that charge, the court-martial may give a direction such as is mentioned in subsection (13) above.
83C Prosecuting officers.
(1)
The prosecuting authority may delegate any of his functions to officers appointed by him as prosecuting officers.
(2)
An officer shall not be appointed as a prosecuting officer unless he is—
(a)
a person who has a general qualification within the meaning of section 71 of the M2Courts and Legal Services Act 1990;
(b)
an advocate or solicitor in Scotland; or
(c)
a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland.”
Air Force Act 1955 (c. 19)
15
“ The prosecuting authority
83A The prosecuting authority.
(1)
Her Majesty may appoint a qualified officer belonging to Her air forces to be the prosecuting authority for the Royal Air Force; and in this Act “the prosecuting authority” means the officer so appointed.
(2)
An officer shall not be qualified to be appointed as the prosecuting authority unless he is—
(a)
a person who has a ten year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990;
(b)
an advocate or solicitor in Scotland of at least ten years’ standing; or
(c)
a member of the Bar of Northern Ireland, or a solicitor of the Supreme Court of Northern Ireland, of at least ten years’ standing.
83B Functions of the prosecuting authority.
(1)
This section applies where a case has been referred to the prosecuting authority.
(2)
If the case has been referred to him as a result of an election for court-martial trial, and that election is withdrawn with leave, the prosecuting authority shall—
(a)
if the accused is an officer or warrant officer, refer the case to the appropriate superior authority;
(b)
if the accused is a non-commissioned officer or airman, refer the case to the commanding officer of the accused,
for the appropriate superior authority or commanding officer to record a finding that the preliminary charge has been proved and award punishment accordingly.
(3)
In subsection (2) above “the preliminary charge” means the charge for which punishment would have been awarded had the accused not elected court-martial trial.
(4)
If the prosecuting authority considers that court-martial proceedings under this Act should be instituted, he shall—
(a)
determine any charge to be preferred and (subject to subsection (5) below) whether any such charge is to be tried by general court-martial or district court-martial; and
(b)
prefer any charge so determined by him.
(5)
The prosecuting authority shall not determine that a charge against an officer be tried by district court-martial.
(6)
The prosecuting authority shall, in accordance with rules under section 103 of this Act, notify the commanding officer of the accused and a court administration officer of any charge preferred and the description of court-martial by which that charge is to be tried; and the commanding officer shall, in accordance with any such rules, inform the accused accordingly.
(7)
The prosecuting authority shall have the conduct of any court-martial proceedings under this Act against the accused.
(8)
Without prejudice to any other power of his in relation to the conduct of the proceedings, the prosecuting authority may, in accordance with rules under section 103 of this Act—
(a)
amend, or substitute another charge or charges for, any charge preferred;
(b)
prefer an additional charge, or additional charges, against the accused;
(c)
discontinue proceedings on any charge.
(9)
The powers mentioned in subsection (8)(a) above may be exercised in relation to an amended or substituted charge as well as in relation to any charge preferred by the prosecuting authority.
(10)
The prosecuting authority may not exercise any power mentioned in subsection (8)(a) or (c) above in relation to any charge against the accused after the commencement of the trial of that charge unless the court-martial gives him leave to do so.
(11)
If, before the commencement of the trial of a charge against the accused (“the original charge"), the prosecuting authority exercises the power mentioned in subsection (8)(b) above, he may, in accordance with rules under section 103 of this Act, direct any additional charge to be tried by the court-martial convened to try the original charge; and where he does so, subsection (6) above shall apply with such exceptions and modifications as may be prescribed.
(12)
The prosecuting authority may not exercise the power mentioned in subsection (8)(b) above after the commencement of the trial of a charge against the accused unless the court-martial gives him leave to do so; and where the prosecuting authority exercises that power with the leave of the court-martial, the court may try any additional charge preferred.
(13)
If, before the commencement of the trial of any charge, the prosecuting authority discontinues proceedings on that charge, he may direct that, for the purposes of section 134 of this Act, the accused is to be deemed to have been tried by court-martial for the offence charged.
(14)
If, after the commencement of the trial of any charge, the prosecuting authority discontinues proceedings on that charge, the court-martial may give a direction such as is mentioned in subsection (13) above.
83C Prosecuting officers.
(1)
The prosecuting authority may delegate any of his functions to officers appointed by him as prosecuting officers.
(2)
An officer shall not be appointed as a prosecuting officer unless he is—
(a)
a person who has a general qualification within the meaning of section 71 of the M3Courts and Legal Services Act 1990;
(b)
an advocate or solicitor in Scotland; or
(c)
a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland.”
Part III Trial of offences by court-martial
Army Act 1955 (c. 18)
17
The Army Act 1955 shall be amended as follows.
18
Section 84 shall cease to have effect.
19
“84A Court administration officers.
In this Act—
“court administration officer” means an officer (or other person) appointed by the Defence Council to convene general and district courts-martial and perform such other functions as may be prescribed; and
“the court administration officer”, in relation to a court-martial, means the court administration officer who convened the court-martial and includes his successor or any person for the time being exercising his or his successor’s functions.
84B Judge advocates.
(1)
In this Act “the judge advocate”, in relation to a court-martial, means the judge advocate appointed by or on behalf of the Judge Advocate General to be a member of the court-martial.
(2)
No person shall be appointed as the judge advocate unless he is—
(a)
a person who has a five year general qualification within the meaning of section 71 of the M5Courts and Legal Services Act 1990;
(b)
an advocate in Scotland of at least five years’ standing or a solicitor who has had a right of audience in the Court of Session or the High Court of Justiciary for at least five years; or
(c)
a member of the Bar of Northern Ireland of at least five years’ standing.
(3)
Rulings and directions on questions of law (including questions of procedure and practice) shall be given by the judge advocate.
(4)
Any directions given by the judge advocate shall be binding on the court.
84C Convening of general and district courts-martial.
(1)
On being notified by the prosecuting authority of the charge preferred and the description of court-martial by which the charge is to be tried, a court administration officer shall by order convene a court-martial of that description.
(2)
The order convening the court-martial shall specify—
(a)
the date, time and place at which the court-martial is to sit;
(b)
the officers who are to be members of the court-martial;
(c)
which of those officers is to be president of the court-martial;
(d)
any other officers appointed for the purpose of filling vacancies,
and shall state that a judge advocate appointed by or on behalf of the Judge Advocate General is to be a member of the court-martial.
(3)
At any time before the commencement of the trial, the court administration officer may, in accordance with rules under section 103 of this Act, amend or withdraw the order convening the court-martial.
(4)
The following shall not be eligible to be members of a court-martial for the trial of a charge—
(a)
the court administration officer;
(b)
an officer who at any time between the date on which the preliminary charge was reported to the commanding officer of the accused and the date of the trial has been the commanding officer of the accused;
(c)
the higher authority to whom the preliminary charge against the accused was referred;
(d)
any other officer who has investigated the subject matter of the charge against the accused;
(e)
any other officer who under this Act has held, or has acted as one of the persons holding, an inquiry into matters relating to the subject matter of the charge against the accused.
(5)
In subsection (4) above “the preliminary charge” means the charge referred to higher authority by the commanding officer of the accused.
84D Constitution of general and district courts-martial.
(1)
A general court-martial shall consist of the president, not less than four other military officers and the judge advocate.
(2)
A district court-martial shall consist of the president, not less than two other military officers and the judge advocate.
(3)
An officer shall not be appointed a member of a general court-martial unless he has held a commission in any of Her Majesty’s naval, military or air forces for a period of not less than three years or for periods amounting in the aggregate to not less than three years.
(4)
An officer shall not be appointed a member of a district court-martial unless he has held a commission in any of Her Majesty’s naval, military or air forces for a period of not less than two years or for periods amounting in the aggregate to not less than two years.
(5)
Not less than four of the members of a general court-martial shall be of a rank not below that of captain.
(6)
A general court-martial for the trial of an officer above the rank of captain shall not include any member below the rank of captain.
(7)
The president of a general or district court-martial shall not be below the rank of field officer unless in the opinion of the court administration officer a field officer having suitable qualifications is not, with due regard to the public service, available; and in any event the president of such a court-martial shall not be below the rank of captain.
(8)
If, in the opinion of the court administration officer, the necessary number of military officers having suitable qualifications is not, with due regard to the public service, available, he may appoint as any member of the court (but not as its president) any naval or air-force officer of corresponding rank to that required for a military officer.
(9)
In this section—
“air-force officer” means an officer belonging to Her Majesty’s air forces and subject to air-force law;
“military officer” means an officer belonging to Her Majesty’s military forces and subject to military law; and
“naval officer” means an officer belonging to Her Majesty’s naval forces and subject to the M6Naval Discipline Act 1957.”
20
Section 85(3) shall cease to have effect.
21
Sections 86 to 90 shall cease to have effect.
22
(1)
Section 91 (place for sitting of court-martial and adjournment to other places) shall be amended as follows.
(2)
In subsection (1)—
(a)
for the words “Her Majesty’s dominions" there shall be substituted the words “
the United Kingdom
”
; and
(b)
the words from “and the convening officer" to the end shall cease to have effect.
(3)
In subsection (2), for the words from “shall" to “direction" there shall be substituted the word “
may
”
.
23
(1)
Section 92 (challenges by accused to members of court-martial) shall be amended as follows.
(2)
In subsection (1), for the word “officer" there shall be substituted the word “
member
”
.
(3)
In subsection (2)—
(a)
for the word “they" there shall be substituted the words “
the officers appointed members
”
; and
(b)
for the words “those officers" there shall be substituted the words “
the members
”
.
(4)
In subsection (3)—
(a)
for the word “officer" there shall be substituted the word “
member
”
; and
(b)
for the words from “considered" to the end there shall be substituted the words “
determined by the judge advocate
”
.
(5)
In subsection (4)—
(a)
for the words from “objection" to “it" there shall be substituted the words “
an objection to the president is allowed
”
; and
(b)
for the word “convening" there shall be substituted the words “
court administration
”
.
(6)
In subsection (5)—
(a)
for the words from “objection" to “it" there shall be substituted the words “
an objection to any other officer appointed a member of the court is allowed
”
;
(b)
for the word “member" in the second place it appears there shall be substituted the word “
officer
”
; and
(c)
for the word “members" in the second place it appears there shall be substituted the word “
officers
”
.
(7)
“(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.”
24
(1)
Section 93 (administration of oaths) shall be amended as follows.
(2)
In subsection (1)—
(a)
after the word “every" there shall be inserted the words “
officer appointed a
”
; and
(b)
the words “other than an exempted person" and “judge advocate" shall cease to have effect.
(3)
Subsection (1A) shall cease to have effect.
25
“(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.”
26
(1)
Section 95 (dissolution of courts-martial) shall be amended as follows.
(2)
In subsection (1)—
(a)
for the words “whether before or after" there shall be substituted the word “
before
”
; and
(b)
for the word “convening" in both places it appears there shall be substituted the words “
court administration
”
.
(3)
“(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.”
(4)
In subsection (3), for the words “convening officer" there shall be substituted the words “
judge advocate
”
.
(5)
Subsection (4) shall cease to have effect.
27
(1)
Section 96 (decisions of courts-martial) shall be amended as follows.
(2)
In subsection (1), for the words from “every" to “court-martial" there shall be substituted the words “
the finding of a court-martial and any sentence awarded
”
.
(3)
“(1A)
The judge advocate shall not be entitled to vote on the finding.”
(4)
In subsection (3)—
(a)
after the word “court" in the second place it appears there shall be inserted the words “
entitled to vote on the finding
”
; and
(b)
for the words “the members" in the second place they appear there shall be substituted the words “
those members
”
.
(5)
In subsection (5), the words from “or on" to “finding" shall cease to have effect.
28
In section 97(3) (sentence of court-martial to be announced in open court) after the word “mercy" there shall be inserted the words “
and any reasons for the sentence
”
.
29
(1)
Section 99 (rules of evidence) shall be amended as follows.
(2)
In subsection (1)—
(a)
for the words “civil courts" there shall be substituted the words “
trials on indictment
”
; and
(b)
for the words “before a civil court" there shall be substituted the words “
in a trial on indictment
”
.
(3)
In subsection (3), for the words “civil court" there shall be substituted the words “
trial on indictment
”
.
30
“103 Rules.
(1)
The Secretary of State may make rules with respect to—
(a)
the investigation, prosecution and trial of, and awarding of punishment for, offences cognizable by courts-martial;
(b)
the review of findings and sentences of courts-martial.
(2)
Rules under this section may in particular make provision with respect to—
(a)
proceedings preliminary to trials by general or district courts-martial;
(b)
the appointment of a judge advocate for any preliminary proceedings;
(c)
the delegation by court administration officers of any of their functions;
(d)
the convening and constitution of general and district courts-martial;
(e)
the sittings, adjournment and dissolution of general and district courts-martial;
(f)
the procedure to be followed in trials by general and district courts-martial;
(g)
the representation of the accused at such trials and any preliminary proceedings;
(h)
procuring the attendance of witnesses at such trials and any preliminary proceedings;
(i)
enabling a general or district court-martial, in such cases and to such extent as may be prescribed, to amend a charge which is being tried by the court;
(j)
enabling a general or district court-martial, where the particulars proved or admitted at the trial differ from those alleged in the charge but are sufficient to support a finding of guilty of the like offence as that charged, to make a finding of guilty subject to exceptions or variations specified in the finding if it appears to the court that the difference is not so material as to have prejudiced the accused in his defence;
(k)
directing that the powers conferred by section 7 of the M7Bankers’ Books Evidence Act 1879 (which enables orders to be made for the inspection of bankers’ books for the purposes of legal proceedings) may be exercised for the purposes of a general or district court-martial (whether within or without the United Kingdom) by the commanding officer of the accused or a judge advocate as well as by the court or a judge within the meaning of that Act;
(l)
the forms of orders and other documents to be made for the purposes of any provision of this Act or of rules under this section;
(m)
the cases in which, and extent to which, offences may be taken into consideration by a general or district court-martial and the powers of the court in relation to any offences taken into consideration;
(n)
the recording of the proceedings of a general or district court-martial;
(o)
the procedure to be followed on review of findings and sentences of general or district courts-martial.
(3)
Rules made by virtue of paragraph (i) of subsection (2) above shall secure that the power to amend charges is not exercisable in circumstances substantially different from those in which indictments are amendable by a civil court in England, or otherwise than subject to the like conditions, as nearly as circumstances admit, as those subject to which indictments are so amendable.
(4)
A rule under this section which is inconsistent with the provisions of this Act shall to the extent of the inconsistency be void.
(5)
Rules under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
31
“ Field General Courts-Martial
103A Field general courts-martial.
(1)
Where an officer to whom this subsection applies—
(a)
is commanding a body of the regular forces on active service; and
(b)
is of opinion that it is not possible without serious detriment to the public service for a charge against a member of that body to be tried by a general or district court-martial,
he may direct that the charge be tried by a field general court-martial.
(2)
Subsection (1) above applies to—
(a)
the commanding officer who has investigated the charge;
(b)
the commanding officer or appropriate superior authority who has determined on a summary dealing that the charge against the accused has been proved, in a case where the accused has elected court-martial trial and that election has not been withdrawn;
(c)
where the charge is against an officer or warrant officer, the higher authority to whom the charge has been referred by the commanding officer.
(3)
If an officer to whom subsection (1) above applies directs that a charge be tried by a field general court-martial, he shall by order convene a field general court-martial.
(4)
The order convening the field general court-martial shall specify—
(a)
the date, time and place at which the court-martial is to sit;
(b)
the officers who are to be members of the court-martial;
(c)
which of those officers is to be president of the court-martial.
(5)
At any time before the commencement of the trial, the officer who convened the field general court-martial may, in accordance with rules under section 103C of this Act, amend or withdraw the order convening the court-martial.
(6)
Subject to subsection (7) below, the officer convening the field general court-martial shall not be a member of the court-martial.
(7)
The officer convening the field general court-martial may be its president if, in his opinion, it is not possible, without serious detriment to the public service, to appoint another officer as president.
103B Constitution of field general courts-martial.
(1)
Subject to subsections (2) and (3) below, a field general court-martial shall consist of the president and not less than two other military officers.
(2)
If the officer who convened the field general court-martial is of opinion that three military officers having suitable qualifications are not available without serious detriment to the public service, the field general court-martial shall consist of the president and one other military officer.
(3)
Unless the officer convening the field general court-martial is of opinion that a judge advocate is not available without serious detriment to the public service, a judge advocate shall be a member of the court-martial.
(4)
In subsection (3) above, “a judge advocate” means a judge advocate appointed by or on behalf of the Judge Advocate General or, if the officer convening the field general court-martial is of opinion that no such judge advocate is available without serious detriment to the public service, a qualified officer appointed by that officer.
(5)
An officer is “qualified” for the purposes of subsection (4) above if he is—
(a)
a person who has a general qualification within the meaning of section 71 of the M8Courts and Legal Services Act 1990;
(b)
an advocate or solicitor in Scotland; or
(c)
a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland.
(6)
The president of a field general court-martial shall not be below the rank of captain.
(7)
If a field general court-martial is to be convened at any place where in the opinion of the officer convening it the necessary number of military officers having suitable qualifications is not available to form the court, and cannot be made available without serious detriment to the public service, the officer may appoint as any member of the court (but not as its president) any naval or air-force officer of corresponding rank to that required for a military officer.
(8)
A field general court-martial shall have the powers of a general court-martial except that where less than three officers are members of the court the sentence shall not exceed imprisonment for a term of two years or detention under section 71AA of this Act for a period of two years.
(9)
In this section—
“air force officer” means an officer belonging to Her Majesty’s air forces and subject to air-force law;
“military officer” means an officer belonging to Her Majesty’s military forces and subject to military law; and
“naval officer” means an officer belonging to Her Majesty’s naval forces and subject to the M9Naval Discipline Act 1957.
103C Field General Court-Martial Rules.
(1)
The Secretary of State may by statutory instrument make rules with respect to field general courts-martial.
(2)
Rules under this section may in particular—
(a)
provide for any provision of this Act relating to general or district courts-martial or the proceedings of such courts-martial to apply to field general courts-martial or the proceedings of such courts-martial with the necessary modifications;
(b)
make any provision with respect to field general courts-martial which may be made with respect to general and district courts-martial by rules under section 103 of this Act.”
32
Sections 104 to 106 shall cease to have effect.
Air Force Act 1955 (c. 19)
33
The Air Force Act 1955 shall be amended as follows.
34
Section 84 shall cease to have effect.
35
“84A Court administration officers.
In this Act—
“court administration officer” means an officer (or other person) appointed by the Defence Council to convene general and district courts-martial and perform such other functions as may be prescribed; and
“the court administration officer”, in relation to a court-martial, means the court administration officer who convened the court-martial and includes his successor or any person for the time being exercising his or his successor’s functions.
84B Judge advocates.
(1)
In this Act “the judge advocate”, in relation to a court-martial, means the judge advocate appointed by or on behalf of the Judge Advocate General to be a member of the court-martial.
(2)
No person shall be appointed as the judge advocate unless he is—
(a)
a person who has a five year general qualification within the meaning of section 71 of the M10Courts and Legal Services Act 1990;
(b)
an advocate in Scotland of at least five years’ standing or a solicitor who has had a right of audience in the Court of Session or the High Court of Justiciary for at least five years; or
(c)
a member of the Bar of Northern Ireland of at least five years’ standing.
(3)
Rulings and directions on questions of law (including questions of procedure and practice) shall be given by the judge advocate.
(4)
Any directions given by the judge advocate shall be binding on the court.
84C Convening of general and district courts-martial.
(1)
On being notified by the prosecuting authority of the charge preferred and the description of court-martial by which the charge is to be tried, a court administration officer shall by order convene a court-martial of that description.
(2)
The order convening the court-martial shall specify—
(a)
the date, time and place at which the court-martial is to sit;
(b)
the officers who are to be members of the court-martial;
(c)
which of those officers is to be president of the court-martial;
(d)
any other officers appointed for the purpose of filling vacancies,
and shall state that a judge advocate appointed by or on behalf of the Judge Advocate General is to be a member of the court-martial.
(3)
At any time before the commencement of the trial, the court administration officer may, in accordance with rules under section 103 of this Act, amend or withdraw the order convening the court-martial.
(4)
The following shall not be eligible to be members of a court-martial for the trial of a charge—
(a)
the court administration officer;
(b)
an officer who at any time between the date on which the preliminary charge was reported to the commanding officer of the accused and the date of the trial has been the commanding officer of the accused;
(c)
the higher authority to whom the preliminary charge against the accused was referred;
(d)
any other officer who has investigated the subject matter of the charge against the accused;
(e)
any other officer who under this Act has held, or has acted as one of the persons holding, an inquiry into matters relating to the subject matter of the charge against the accused.
(5)
In subsection (4) above “the preliminary charge” means the charge referred to higher authority by the commanding officer of the accused.
84D Constitution of general and district courts-martial.
(1)
A general court-martial shall consist of the president, not less than four other air-force officers and the judge advocate.
(2)
A district court-martial shall consist of the president, not less than two other air-force officers and the judge advocate.
(3)
An officer shall not be appointed a member of a general court-martial unless he has held a commission in any of Her Majesty’s naval, military or air forces for a period of not less than three years or for periods amounting in the aggregate to not less than three years.
(4)
An officer shall not be appointed a member of a district court-martial unless he has held a commission in any of Her Majesty’s naval, military or air forces for a period of not less than two years or for periods amounting in the aggregate to not less than two years.
(5)
Not less than four of the members of a general court-martial shall be of a rank not below that of flight lieutenant.
(6)
A general court-martial for the trial of an officer above the rank of flight lieutenant shall not include any member below the rank of flight lieutenant.
(7)
The president of a general or district court-martial shall not be below the rank of squadron leader unless in the opinion of the court administration officer a squadron leader having suitable qualifications is not, with due regard to the public service, available; and in any event the president of such a court-martial shall not be below the rank of flight lieutenant.
(8)
If, in the opinion of the court administration officer, the necessary number of air-force officers having suitable qualifications is not, with due regard to the public service, available, he may appoint as any member of the court (but not as its president) any naval or military officer of corresponding rank to that required for an air-force officer.
(9)
In this section—
“air-force officer” means an officer belonging to Her Majesty’s air forces and subject to air-force law;
“military officer” means an officer belonging to Her Majesty’s military forces and subject to military law; and
“naval officer” means an officer belonging to Her Majesty’s naval forces and subject to the M11Naval Discipline Act 1957.”
36
Section 85(3) shall cease to have effect.
37
Sections 86 to 90 shall cease to have effect.
38
(1)
Section 91 (place for sitting of court-martial and adjournment to other places) shall be amended as follows.
(2)
In subsection (1)—
(a)
for the words “Her Majesty’s dominions" there shall be substituted the words “
the United Kingdom
”
; and
(b)
the words from “and the convening officer" to the end shall cease to have effect.
(3)
In subsection (2), for the words from “shall" to “direction" there shall be substituted the word “
may
”
.
39
(1)
Section 92 (challenges by accused to members of court-martial) shall be amended as follows.
(2)
In subsection (1), for the word “officer" there shall be substituted the word “
member
”
.
(3)
In subsection (2)—
(a)
for the word “they" there shall be substituted the words “
the officers appointed members
”
; and
(b)
for the words “those officers" there shall be substituted the words “
the members
”
.
(4)
In subsection (3)—
(a)
for the word “officer" there shall be substituted the word “
member
”
; and
(b)
for the words from “considered" to the end there shall be substituted the words “
determined by the judge advocate
”
.
(5)
In subsection (4)—
(a)
for the words from “objection" to “it" there shall be substituted the words “
an objection to the president is allowed
”
; and
(b)
for the word “convening" there shall be substituted the words “
court administration
”
.
(6)
In subsection (5)—
(a)
for the words from “objection" to “it" there shall be substituted the words “
an objection to any other officer appointed a member of the court is allowed
”
;
(b)
for the word “member" in the second place it appears there shall be substituted the word “
officer
”
; and
(c)
for the word “members" in the second place it appears there shall be substituted the word “
officers
”
.
(7)
“(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.”
40
(1)
Section 93 (administration of oaths) shall be amended as follows.
(2)
In subsection (1)—
(a)
after the word “every" there shall be inserted the words “
officer appointed a
”
; and
(b)
the words “other than an exempted person" and “judge advocate" shall cease to have effect.
(3)
Subsection (1A) shall cease to have effect.
41
“(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.”
42
(1)
Section 95 (dissolution of courts-martial) shall be amended as follows.
(2)
In subsection (1)—
(a)
for the words “whether before or after" there shall be substituted the word “
before
”
; and
(b)
for the word “convening" in both places it appears there shall be substituted the words “
court administration
”
.
(3)
“(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.”
(4)
In subsection (3), for the words “convening officer" there shall be substituted the words “
judge advocate
”
.
(5)
Subsection (4) shall cease to have effect.
43
(1)
Section 96 (decisions of courts-martial) shall be amended as follows.
(2)
In subsection (1), for the words from “every" to “court-martial" there shall be substituted the words “
the finding of a court-martial and any sentence awarded
”
.
(3)
“(1A)
The judge advocate shall not be entitled to vote on the finding.”
(4)
In subsection (3)—
(a)
after the word “court" in the second place it appears there shall be inserted the words “
entitled to vote on the finding
”
; and
(b)
for the words “the members" in the second place they appear there shall be substituted the words “
those members
”
.
(5)
In subsection (5), the words from “or on" to “finding" shall cease to have effect.
44
In section 97(3) (sentence of court-martial to be announced in open court) after the word “mercy" there shall be inserted the words “
and any reasons for the sentence
”
.
45
(1)
Section 99 (rules of evidence) shall be amended as follows.
(2)
In subsection (1)—
(a)
for the words “civil courts" there shall be substituted the words “
trials on indictment
”
; and
(b)
for the words “before a civil court" there shall be substituted the words “
in a trial on indictment
”
.
(3)
In subsection (3), for the words “civil court" there shall be substituted the words “
trial on indictment
”
.
46
“103 Rules.
(1)
The Secretary of State may make rules with respect to—
(a)
the investigation, prosecution and trial of, and awarding of punishment for, offences cognizable by courts-martial;
(b)
the review of findings and sentences of courts-martial.
(2)
Rules under this section may in particular make provision with respect to—
(a)
proceedings preliminary to trials by general or district courts-martial;
(b)
the appointment of a judge advocate for any preliminary proceedings;
(c)
the delegation by court administration officers of any of their functions;
(d)
the convening and constitution of general and district courts-martial;
(e)
the sittings, adjournment and dissolution of general and district courts-martial;
(f)
the procedure to be followed in trials by general and district courts-martial;
(g)
the representation of the accused at such trials and any preliminary proceedings;
(h)
procuring the attendance of witnesses at such trials and any preliminary proceedings;
(i)
enabling a general or district court-martial, in such cases and to such extent as may be prescribed, to amend a charge which is being tried by the court;
(j)
enabling a general or district court-martial, where the particulars proved or admitted at the trial differ from those alleged in the charge but are sufficient to support a finding of guilty of the like offence as that charged, to make a finding of guilty subject to exceptions or variations specified in the finding if it appears to the court that the difference is not so material as to have prejudiced the accused in his defence;
(k)
directing that the powers conferred by section 7 of the M12Bankers’ Books Evidence Act 1879 (which enables orders to be made for the inspection of bankers’ books for the purposes of legal proceedings) may be exercised for the purposes of a general or district court-martial (whether within or without the United Kingdom) by the commanding officer of the accused or a judge advocate as well as by the court or a judge within the meaning of that Act;
(l)
the forms of orders and other documents to be made for the purposes of any provision of this Act or of rules under this section;
(m)
the cases in which, and extent to which, offences may be taken into consideration by a general or district court-martial and the powers of the court in relation to any offences taken into consideration;
(n)
the recording of the proceedings of a general or district court-martial;
(o)
the procedure to be followed on review of findings and sentences of general or district courts-martial.
(3)
Rules made by virtue of paragraph (i) of subsection (2) above shall secure that the power to amend charges is not exercisable in circumstances substantially different from those in which indictments are amendable by a civil court in England, or otherwise than subject to the like conditions, as nearly as circumstances admit, as those subject to which indictments are so amendable.
(4)
A rule under this section which is inconsistent with the provisions of this Act shall to the extent of the inconsistency be void.
(5)
Rules under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
47
“ Field General Courts-Martial
103A Field general courts-martial.
(1)
Where an officer to whom this subsection applies—
(a)
is commanding a body of the regular air force on active service; and
(b)
is of opinion that it is not possible without serious detriment to the public service for a charge against a member of that body to be tried by a general or district court-martial,
he may direct that the charge be tried by a field general court-martial.
(2)
Subsection (1) above applies to—
(a)
the commanding officer who has investigated the charge;
(b)
the commanding officer or appropriate superior authority who has determined on a summary dealing that the charge against the accused has been proved, in a case where the accused has elected court-martial trial and that election has not been withdrawn;
(c)
where the charge is against an officer or warrant officer, the higher authority to whom the charge has been referred by the commanding officer.
(3)
If an officer to whom subsection (1) above applies directs that a charge be tried by a field general court-martial, he shall by order convene a field general court-martial.
(4)
The order convening the field general court-martial shall specify—
(a)
the date, time and place at which the court-martial is to sit;
(b)
the officers who are to be members of the court-martial;
(c)
which of those officers is to be president of the court-martial.
(5)
At any time before the commencement of the trial, the officer who convened the field general court-martial may, in accordance with rules under section 103C of this Act, amend or withdraw the order convening the court-martial.
(6)
Subject to subsection (7) below, the officer convening the field general court-martial shall not be a member of the court-martial.
(7)
The officer convening the field general court-martial may be its president if, in his opinion, it is not possible, without serious detriment to the public service, to appoint another officer as president.
103B Constitution of field general courts-martial.
(1)
Subject to subsections (2) and (3) below, a field general court-martial shall consist of the president and not less than two other air-force officers.
(2)
If the officer who convened the field general court-martial is of opinion that three air-force officers having suitable qualifications are not available without serious detriment to the public service, the field general court-martial shall consist of the president and one other air-force officer.
(3)
Unless the officer convening the field general court-martial is of opinion that a judge advocate is not available without serious detriment to the public service, a judge advocate shall be a member of the court-martial.
(4)
In subsection (3) above, “a judge advocate” means a judge advocate appointed by or on behalf of the Judge Advocate General or, if the officer convening the field general court-martial is of opinion that no such judge advocate is available without serious detriment to the public service, a qualified officer appointed by that officer.
(5)
An officer is “qualified” for the purposes of subsection (4) above if he is—
(a)
a person who has a general qualification within the meaning of section 71 of the M13Courts and Legal Services Act 1990;
(b)
an advocate or solicitor in Scotland; or
(c)
a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland.
(6)
The president of a field general court-martial shall not be below the rank of flight lieutenant.
(7)
If a field general court-martial is to be convened at any place where in the opinion of the officer convening it the necessary number of air-force officers having suitable qualifications is not available to form the court, and cannot be made available without serious detriment to the public service, the officer may appoint as any member of the court (but not as its president) any naval or military officer of corresponding rank to that required for an air-force officer.
(8)
A field general court-martial shall have the powers of a general court-martial except that where less than three officers are members of the court the sentence shall not exceed imprisonment for a term of two years or detention under section 71AA of this Act for a period of two years.
(9)
In this section—
“air-force officer” means an officer belonging to Her Majesty’s air forces and subject to air-force law;
“military officer” means an officer belonging to Her Majesty’s military forces and subject to military law; and
“naval officer” means an officer belonging to Her Majesty’s naval forces and subject to the M14Naval Discipline Act 1957.
103C Field General Court-Martial Rules.
(1)
The Secretary of State may by statutory instrument make rules with respect to field general courts-martial.
(2)
Rules under this section may in particular—
(a)
provide for any provision of this Act relating to general or district courts-martial or the proceedings of such courts-martial to apply to field general courts-martial or the proceedings of such courts-martial with the necessary modifications;
(b)
make any provision with respect to field general courts-martial which may be made with respect to general and district courts-martial by rules under section 103 of this Act.”
48
Sections 104 to 106 shall cease to have effect.
Part IV Minor and consequential amendments
Courts-Martial (Appeals) Act 1951 (c. 46)
64
In section 28(2) of the Courts-Martial (Appeals) Act 1951 (qualification for appointment as Judge Advocate of Her Majesty’s Fleet), in paragraph (b), for the words from “been" to “and" there shall be substituted the words “
had a right of audience in the Court of Session or
”
.
65
In section 31 of that Act (qualification for appointment as Judge Advocate General and his assistants), in paragraph (b) in each of subsections (1), (2) and (3), for the words from “been" to “and" there shall be substituted the words “
had a right of audience in the Court of Session or
”
.
Army Act 1955 (c. 18)
66
The Army Act 1955 shall be amended as follows.
67
In section 134 (persons not to be tried under Act for offences already disposed of), in subsection (1)(b), for the words “been found guilty on the charge" there shall be substituted the words “
had a finding that the charge has been proved recorded against him
”
.
68
Section 139 shall cease to have effect.
69
In section 143(1) (interpretation of Part II)—
(a)
the definition of “convening officer" shall cease to have effect; and
(b)
in the definition of “prescribed", for the words “Rules of Procedure" there shall be substituted the words “
rules under section 103 of this Act
”
.
70
In section 198 (general provisions as to evidence), in subsection (9), after the words “that Act" there shall be inserted the words “
, or in any proceedings under the M24Naval Discipline Act 1957, by virtue of section 64C of that Act,
”
.
71
In section 209(3) (modifications of Act in relation to trial of civilians by courts-martial)—
(a)
paragraph (d) shall cease to have effect;
(b)
in paragraph (fa), the words “constituted under section 87 above" and “constituted under section 88 above" shall cease to have effect; and
(c)
“(faa)
references to the officers appointed members of a court-martial shall be construed as including references to persons who are members of a court-martial by virtue of paragraph (fa) above;”.
72
(1)
Section 209(3B) (modifications of Act in its application to any area for which Standing Civilian Courts are established) shall be amended as follows.
(2)
“(aa)
section 83 above shall have effect as if after subsection (1) there were inserted the following subsection—
(1A)
Regulations under this section may provide for sections 76 to 76C of this Act to have effect subject to such modifications as may be specified in relation to charges which may be tried by Standing Civilian Courts and which are brought against persons whom such courts may try.”;
(3)
“(b)
section 103(1) above shall have effect as if the following paragraph were inserted after paragraph (b)— “
(c)
the hearing by courts-martial of appeals against findings and sentences of Standing Civilian Courts.";”;
(4)
In paragraph (c)—
(a)
for “77, 79 and 80" there shall be substituted “
to 76C
”
; and
(b)
for the words from “consequential" to “Procedure" there shall be substituted the words “
as may be specified by regulations under section 83 of this Act
”
.
73
In section 211 (application of Act to reserve forces), in subsection (7), for the words “subsection (3) of section seventy-eight" there shall be substituted the words “
section 76C(2)
”
.
74
In section 225(1) (general provisions as to interpretation of Act)—
(a)
in the definition of “appropriate superior authority" for the words from “has" to “and" there shall be substituted the words “
means a person who may act as an appropriate superior authority by virtue of
”
;
(b)
““court administration officer” and “the court administration officer” have the meanings assigned to them by section 84A of this Act;”;
(c)
““the judge advocate” has the meaning assigned to it by section 84B(1) of this Act;”;
(d)
““the prosecuting authority” has the meaning assigned to it by section 83A(1) of this Act;”; and
(e)
the definition of “Rules of Procedure" shall cease to have effect.
75
In Schedule 5A (powers of court on trial of civilian), in paragraphs 13(2)(a) and 14(6)(a), for the words “Rules of Procedure" there shall be substituted the word “
rules
”
.
Air Force Act 1955 (c. 19)
76
The Air Force Act 1955 shall be amended as follows.
77
In section 134 (persons not to be tried under Act for offences already disposed of), in subsection (1)(b), for the words “been found guilty on the charge" there shall be substituted the words “
had a finding that the charge has been proved recorded against him
”
.
78
Section 139 shall cease to have effect.
79
In section 143(1) (interpretation of Part II)—
(a)
the definition of “convening officer" shall cease to have effect; and
(b)
in the definition of “prescribed", for the words “Rules of Procedure" there shall be substituted the words “
rules under section 103 of this Act
”
.
80
In section 198 (general provisions as to evidence), in subsection (9), after the words “that Act" there shall be inserted the words “
, or in any proceedings under the M25Naval Discipline Act 1957, by virtue of section 64C of that Act,
”
.
81
In section 209(3) (modifications of Act in relation to trial of civilians by courts-martial)—
(a)
paragraph (d) shall cease to have effect;
(b)
in paragraph (fa), the words “constituted under section 87 above" and “constituted under section 88 above" shall cease to have effect; and
(c)
“(faa)
references to the officers appointed members of a court-martial shall be construed as including references to persons who are members of a court-martial by virtue of paragraph (fa) above;”.
82
(1)
Section 209(3B) (modifications of Act in its application to any area for which Standing Civilian Courts are established) shall be amended as follows.
(2)
“(aa)
section 83 above shall have effect as if after subsection (1) there were inserted the following subsection—
(1A)
Regulations under this section may provide for sections 76 to 76C of this Act to have effect subject to such modifications as may be specified in relation to charges which may be tried by Standing Civilian Courts and which are brought against persons whom such courts may try.”;
(3)
“(b)
section 103(1) above shall have effect as if the following paragraph were inserted after paragraph (b)—
(c)
the hearing by courts-martial of appeals against findings and sentences of Standing Civilian Courts.”;
(4)
In paragraph (c)—
(a)
for “77, 79 and 80" there shall be substituted “
to 76C
”
; and
(b)
for the words from “consequential" to “Procedure" there shall be substituted the words “
as may be specified by regulations under section 83 of this Act
”
.
83
In section 210 (application of Act to reserve forces), in subsection (7), for the words “subsection (3) of section seventy-eight" there shall be substituted the words “
section 76C(2)
”
.
84
In section 223(1) (general provisions as to interpretation of Act)—
(a)
in the definition of “appropriate superior authority" for the words from “has" to “and" there shall be substituted the words “
means a person who may act as an appropriate superior authority by virtue of
”
;
(b)
““court administration officer” and “the court administration officer” have the meanings assigned to them by section 84A of this Act;”;
(c)
““the judge advocate”, in relation to a court-martial, has the meaning assigned to it by section 84B(1) of this Act;”;
(d)
““the prosecuting authority” has the meaning assigned to it by section 83A(1) of this Act;”; and
(e)
the definition of “Rules of Procedure" shall cease to have effect.
85
In Schedule 5A (powers of court on trial of civilian), in paragraphs 13(2)(a) and 14(6)(a), for the words “Rules of Procedure" there shall be substituted the word “
rules
”
.
Criminal Justice Act 1967 (c. 80)
99
In section 12 of the Criminal Justice Act 1967 (application to courts-martial of certain provisions relating to admissibility of evidence)—
(a)
after the words “ M26Air Force Act 1955" in the first place they appear there shall be inserted the words “
, or section 64A(1) of the Naval Discipline Act 1957,
”
; and
(b)
for paragraphs (a) and (b) there shall be substituted the words “
sections 10 and 11 above shall apply to proceedings before courts-martial
”
.
Civil Evidence Act 1968 (c. 64)
F1100
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Civil Evidence Act (Northern Ireland) 1971 (c. 36 (N.I.))
101
In section 7 of the Civil Evidence Act (Northern Ireland) 1971 (convictions as evidence in civil proceedings), in subsection (6), for the words “section 50" there shall be substituted the words “
section 52G
”
.
Armed Forces Act 1976 (c. 52)
102
In section 6 of the Armed Forces Act 1976 (establishment of Standing Civilian Courts), in subsection (15), for the words “authority who directs the trial or trials" there shall be substituted the words “
court administration officer notified by the prosecuting authority that the trial or trials are
”
.
103
(1)
Schedule 3 to that Act (Standing Civilian Courts) shall be amended as follows.
(2)
In paragraph 1 (interpretation)—
(a)
““court administration officer” has the same meaning as in the M27Army Act 1955;
“the court administration officer”, in relation to a civilian, means the court administration officer notified by the prosecuting authority that the civilian is to be tried by the court and includes his successor or any person for the time being exercising his or his successor’s functions;
“the higher authority”, in relation to a civilian, means the higher authority who referred his case to the prosecuting authority;”;
(b)
the definition of “the directing officer" shall cease to have effect; and
(c)
““the prosecuting authority”—
(a)
in the case of a civilian to whom Part II of the Army Act 1955 applies, has the same meaning as in that Act;
(b)
in the case of a civilian to whom Part II of the M28Air Force Act 1955 applies, has the same meaning as in that Act;”.
(3)
In paragraph 2 (sittings of the Standing Civilian Court)—
(a)
in sub-paragraphs (1) and (3), for the word “directing" there shall be substituted the words “
court administration
”
; and
(b)
in sub-paragraph (2), for the word “shall" there shall be substituted the word “
may
”
and the words from “if so" to “direction" shall cease to have effect.
(4)
In paragraph 4 (right of accused to elect trial by court-martial)—
(a)
in sub-paragraph (4), for the words from “report" to the end there shall be substituted the words “
shall refer the case to the prosecuting authority
”
; and
(b)
sub-paragraph (5) shall cease to have effect.
(5)
“ Unfitness to stand trial and insanity
6
(1)
Where on a trial by the court the question arises (whether at the instance of the defence or otherwise)—
(a)
whether the accused is fit to stand trial, or
(b)
where it appears to the court that the accused did the act or made the omission constituting the offence with which he is charged, whether he was insane at the time of the act or omission concerned,
the court shall adjourn the hearing and refer the case to the prosecuting authority.
(2)
For the purposes of this paragraph a person is unfit to stand trial if he is under a disability such that apart from the M29Criminal Procedure (Insanity) Act 1964 it would constitute a bar to his being tried on indictment in England and Wales.”
(6)
Paragraph 7 shall cease to have effect.
(7)
In paragraph 8 (re-trial where Standing Civilian Court ceases to be properly constituted)—
(a)
in sub-paragraph (1), for the words from the beginning to “directing" there shall be substituted the words “
The court administration
”
;
(b)
in sub-paragraphs (2) and (3), for the word “directing" there shall be substituted the words “
court administration
”
.
(8)
In paragraph 12 (procedures etc. of Standing Civilian Court)—
(a)
“(aa)
the prosecution of offences which may be tried by Standing Civilian Courts;”;
(b)
“(ba)
proceedings preliminary to trials by Standing Civilian Courts;
(bb)
the appointment of a magistrate for any preliminary proceedings;”;
(c)
in sub-paragraph (4)(f), after the word “trials" there shall be inserted the words “
and any preliminary proceedings
”
;
(d)
in sub-paragraph (4)(h), the words “and the directing officer" shall cease to have effect; and
(e)
sub-paragraph (4)(m) shall cease to have effect.
(9)
In paragraph 18 (appeals to courts-martial)—
(a)
in sub-paragraphs (3) and (4), for the words “directing officer" there shall be substituted the words “
higher authority
”
;
(b)
in sub-paragraph (4), for the words “Rules of Procedure" there shall be substituted the word “
rules
”
; and
(c)
in sub-paragraph (10), the words “or as judge advocate" shall cease to have effect.
(10)
In paragraph 20 (review of findings and sentences of Standing Civilian Court), in sub-paragraph (9), for the words “directing officer" there shall be substituted the words “
higher authority
”
.
Police and Criminal Evidence Act 1984 (c. 60)
104
The Police and Criminal Evidence Act 1984 shall be amended as follows.
F2105
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
106
In section 72(1) (meaning of certain expressions used in Part VII), in the definition of “proceedings"—
(a)
in paragraph (a), for the words “or the M30Air Force Act 1955" there shall be substituted the words “
, the M31Air Force Act 1955 or the Naval Discipline Act 1957
”
; and
(b)
in paragraph (b)(i), the words from “or from" to “1957" shall cease to have effect.
107
In section 82(1) (meaning of certain expressions used in Part VIII), in the definition of “proceedings"—
(a)
in paragraph (a), for the words “or the Air Force Act 1955" there shall be substituted the words “
, the Air Force Act 1955 or the Naval Discipline Act 1957
”
; and
(b)
in paragraph (b)(i), the words from “or from" to “1957" shall cease to have effect.
Criminal Justice Act 1988 (c. 33)
F3108
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
109
(1)
Schedule 13 to that Act (evidence before courts-martial etc.) shall be amended as follows.
(2)
In paragraph 1 (interpretation)—
(a)
for the words “Rules of Procedure" there shall be substituted the word “
rules
”
;
(b)
for the words “General Orders" there shall be substituted the word “
rules
”
; and
F4(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)
In paragraph 4 (application of section 26 of the Act of 1988)—
(a)
for the words “section 77" in both places they appear there shall be substituted the words “
section 76B
”
; and
(b)
for the words “section 49" there shall be substituted the words “
section 52D
”
.
(4)
In paragraph 7 (forms of evidence and glossaries)—
F4(a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
for the words “Rules of Procedure" there shall be substituted the word “
rules
”
; and
(c)
for the words “General Orders" there shall be substituted the word “
rules
”
.
Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
110
In Article 66(11)(a) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (codes of practice supplementary), for the words “section 50" there shall be substituted the words “
section 52G
”
.
Criminal Justice and Public Order Act 1994 (c. 33)
F5111
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6SCHEDULE 2 Findings of unfitness to stand trial and insanity
F6 The 1955 Acts
F61
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F62
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F63
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6 The 1957 Act
F64
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F65
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6 The Courts-Martial (Appeals) Act 1968 (c. 20)
F66
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F67
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F68
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F69
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F610
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F611
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F612
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 3 Community supervision orders
The 1955 Acts
1
(1)
Paragraph 4 of Schedule 5A to each of the 1955 Acts (power of court to impose community supervision order on trial of civilian) shall be amended as follows.
(2)
In sub-paragraph (1), for the words “12 months" there shall be substituted the words “
three years
”
.
(3)
“(7A)
Without prejudice to any other power of arrest, a person found committing an offence under sub-paragraph (6) above or alleged to have committed or reasonably suspected of having committed any such offence, may be arrested by a provost officer, by a warrant officer or non-commissioned officer legally exercising authority under a provost officer or on his behalf, or by order of any officer of the regular forces.
(7B)
The power of arrest given to any person by sub-paragraph (7A) above may be exercised either personally or by ordering into arrest the person to be arrested or by giving orders for that person’s arrest.
(7C)
A person shall not be arrested by virtue of sub-paragraph (7A) above after the end of a period of 6 months beginning with the end of the supervision period.
(7D)
No proceedings shall be taken against a person for an offence under sub-paragraph (6) above unless the trial is begun within 6 months after the end of the supervision period.”
(4)
In sub-paragraph (10), for “£50" there shall be substituted “
£1,000
”
.
2
“(3C)
In its application to a person subject to a community supervision order under paragraph 4 of Schedule 5A to this Act, section 132 of this Act shall have effect as if subsections (3) and (3A) were omitted.”
The 1957 Act
3
(1)
Paragraph 4 of Schedule 4A to the 1957 Act (power of court to impose community supervision order on trial of civilian) shall be amended as follows.
(2)
In sub-paragraph (1), for the words “12 months" there shall be substituted the words “
three years
”
.
(3)
“(7A)
Without prejudice to any other power of arrest, a person found committing an offence under sub-paragraph (6) above or alleged to have committed or reasonably suspected of having committed any such offence, may be arrested by a provost officer, by any officer or person legally exercising authority under a provost officer or on his behalf, or by or on the orders of any officer subject to this Act.
(7B)
The power of arrest given to any person by sub-paragraph (7A) above may be exercised either personally or by ordering into arrest the person to be arrested or by giving orders for that person’s arrest.
(7C)
A person shall not be arrested by virtue of sub-paragraph (7A) above after the end of a period of 6 months beginning with the end of the supervision period.
(7D)
No proceedings shall be taken against a person for an offence under sub-paragraph (6) above unless the trial is begun within 6 months after the end of the supervision period.”
(4)
In sub-paragraph (10), for “£50" there shall be substituted “
£1,000
”
.
4
“4B
In its application to a person subject to a community supervision order under paragraph 4 of Schedule 4A to this Act, section 52 of this Act shall have effect as if subsection (2) was omitted.”
SCHEDULE 4 Schedule to be inserted in the Rehabilitation of Offenders Act 1974
“Schedule Section 6(4): service disciplinary convictions
1
Any conviction for an offence mentioned in this Schedule is a conviction referred to in section 6(6)(bb) of this Act (convictions to be disregarded for the purposes of extending a period of rehabilitation following subsequent conviction).
Provisions of the Army Act 1955 and the Air Force Act 1955
2
Any offence under any of the provisions of the M32Army Act 1955 or the M33Air Force Act 1955 listed in the first column of the following table:—
Provision
Subject-matter
Section 29
Offences by or in relation to sentries, persons on watch etc.
Section 29A
Failure to attend for duty, neglect of duty etc.
Section 33
Insubordinate behaviour.
Section 34
Disobedience to lawful commands.
Section 34A
Failure to provide a sample for drug testing.
Section 35
Obstruction of provost officers.
Section 36
Disobedience to standing orders.
Section 38
Absence without leave.
Section 39
Failure to report or apprehend deserters or absentees.
Section 42
Malingering.
Section 43
Drunkenness.
Section 43A
Fighting, threatening words etc.
Section 44
Damage to, and loss of, public or service property etc.
Section 44A
Damage to, and loss of, Her Majesty’s aircraft or aircraft material.
Section 44B
Interference etc. with equipment, messages or signals.
Section 45
Misapplication and waste of public or service property.
Section 46
Offences relating to issues and decorations.
Section 47
Billeting offences.
Section 48
Offences in relation to requisitioning of vehicles.
Section 50
Inaccurate certification.
Section 51
Low flying.
Section 52
Annoyance by flying.
Section 54
Permitting escape, and unlawful release of prisoners.
Section 55
Resistance to arrest.
Section 56
Escape from confinement.
Section 57
Offences in relation to courts-martial.
Section 61
Making of false statements on enlistment.
Section 62
Making of false documents.
Section 63
Offences against civilian population.
Section 69
Conduct to prejudice of military discipline or air-force discipline.
3
Any offence under section 68 (attempt to commit military offence) or 68A (aiding and abetting etc., and inciting, military offence) of the M34Army Act 1955 in relation to an offence under any of the provisions of that Act listed in paragraph 2.
4
Any offence under section 68 (attempt to commit air-force offence) or 68A (aiding and abetting etc., and inciting, air-force offence) of the M35Air Force Act 1955 in relation to an offence under any of the provisions of that Act listed in paragraph 2.
Provisions of the Naval Discipline Act 1957
5
Any offence under any of the provisions of the M36Naval Discipline Act 1957 listed in the first column of the following table:—
Provision
Subject-matter
Section 6
Offences by or in relation to sentries, persons on watch etc.
Section 7
Failure to attend for duty, neglect of duty etc.
Section 11
Insubordinate behaviour.
Section 12
Disobedience to lawful commands.
Section 12A
Failure to provide a sample for drug testing.
Section 13
Fighting, threatening words etc.
Section 14
Obstruction of provost officers.
Section 14A
Disobedience to standing orders.
Section 17
Absence without leave etc.
Section 18
Failure to report deserters and absentees.
Section 21
Low flying.
Section 22
Annoyance by flying.
Section 25
Inaccurate certification.
Section 27
Malingering.
Section 28
Drunkenness.
Section 29
Damage to, and loss of, public or service property etc.
Section 29A
Damage to, and loss of, Her Majesty’s aircraft or aircraft material.
Section 29B
Interference etc. with equipment, messages or signals.
Section 30
Misapplication and waste of public or service property.
Section 31
Offences relating to issues and decorations.
Section 32
Billeting offences.
Section 33
Offences in relation to the requisitioning of vehicles etc.
Section 33A
Permitting escape, and unlawful release of prisoners.
Section 33B
Resistance to arrest.
Section 33C
Escape from confinement.
Section 34A
False statements on entry.
Section 35
Falsification of documents.
Section 35A
Offences against civilian population.
Section 38
Offences in relation to courts-martial.
Section 39
Conduct to the prejudice of naval discipline.
6
Any offence under section 40 (attempt to commit naval offence) or 41 (aiding and abetting etc., and inciting, naval offence) of the M37Naval Discipline Act 1957 in relation to an offence under any of the provisions of that Act listed in paragraph 5.”
SCHEDULE 5 Review of findings and sentence
The 1955 Acts
1
The 1955 Acts shall be amended as follows.
2
Section 108 (power of accused to present petition against finding or sentence at any time after finding or sentence) shall cease to have effect.
3
“ Review of proceedings of courts-martial
112 Approval required for death sentences.
(1)
A sentence of death passed by a court-martial shall not be carried out until it has been reviewed under section 113 of this Act and has not been quashed or replaced by another sentence on the review.
(2)
A sentence of death passed by a court-martial shall not be carried out in a colony unless it is also approved by the Governor of the colony.”
4
“113 Review of findings and sentences of courts-martial.
(1)
Where a court-martial has found the accused guilty of any offence, the accused may, before the end of the prescribed period after sentence is passed, present a petition to the Defence Council against finding or sentence or both.
(2)
The reviewing authority shall, in accordance with subsections (3) and (4) below, review any finding of guilt made, and sentence passed, by a court-martial.
(3)
The review under this section shall (if it does not begin sooner) begin as soon as is practicable after—
(a)
in a case where a petition has been presented under this section, the presentation of the petition;
(b)
in any other case, the end of the period within which a petition under this section may be presented.
(4)
Where an application for leave to appeal to the Courts-Martial Appeal Court against a finding or sentence has been made before the review under this section of the finding or sentence has been completed—
(a)
the reviewing authority shall complete the review as soon as is practicable; but
(b)
if leave to appeal is granted before the review has been completed, the authority shall cease considering the review.
(5)
For the purposes of this Act the reviewing authority is—
(a)
the Defence Council; or
(b)
any officer to whom all or any of the powers of the Defence Council as reviewing authority may be delegated by the Defence Council.
(6)
A sentence of death and the finding of guilty in consequence of which it was passed may not be reviewed by an officer to whom powers are delegated under subsection (5)(b) above.
113AA Powers of the reviewing authority.
(1)
On a review under section 113 of this Act of a finding or sentence of a court-martial the reviewing authority has the following powers.
(2)
In so far as the review is of a finding of guilt, the authority may—
(a)
quash that finding and, if the sentence relates only to that finding, quash the sentence passed in consequence of that finding;
(b)
substitute a finding mentioned in subsection (3) below if that finding could have been validly made by the court-martial and the authority is of the opinion that the court-martial must have been satisfied of facts which would justify the making of that finding;
and, where another finding is so substituted, the authority may pass any such sentence (not being, in the opinion of the authority, more severe than the sentence originally passed) open to a court-martial on making such a finding as appears proper.
(3)
The findings referred to in subsection (2) above are—
(a)
any finding of guilt which could have been validly made by the court-martial on the charge before it;
(b)
if the court-martial recorded no finding on a charge alternative to a charge on which the court made the finding being reviewed, a finding of guilt on that alternative charge.
(4)
In so far as the review is of a sentence, the authority may quash the sentence or substitute a sentence (not being, in the opinion of the authority, more severe than the sentence originally passed) which was open to the court-martial.
(5)
In reviewing a sentence, the authority may—
(a)
revoke an order made by the court under section 120A(1) of this Act;
(b)
remit in whole or part any punishment awarded by the court;
(c)
commute any such punishment for one or more punishments provided by this Act, being less than the punishment commuted.
(6)
Where it appears to the reviewing authority that the court-martial, in sentencing the accused, exceeded or erroneously exercised its powers to take other offences into consideration, the authority shall (whether or not substituting a different sentence or remitting or commuting punishment) annul the taking into consideration of the other offence or offences in question and any orders dependent thereon; and where the authority does so the offence or offences shall be treated for all purposes as not having been taken into consideration.
(7)
Any substituted finding or sentence, or sentence having effect after the remission or commutation of punishment—
(a)
shall be treated for all purposes as having been made or passed by the court;
(b)
shall be promulgated and shall have effect as from the date of promulgation.”
5
In section 113A (power of reviewing authority to authorise retrial)—
(a)
in subsection (1), for the words “Her Majesty or the Defence Council" there shall be substituted the words “
the reviewing authority
”
; and
(b)
in subsection (2), for the words “Defence Council" there shall be substituted the words “
reviewing authority
”
.
6
“115 Review of summary findings and awards
(1)
This section applies where a charge has been dealt with summarily and a finding has been recorded that the charge has been proved.
(2)
The accused may at any time request a review of the finding or any punishment awarded (or both); and where he does so, the finding or punishment (or both) shall be reviewed.
(3)
The finding or any punishment awarded (or both) may be reviewed at any other time.
(4)
A review under this section shall be carried out in accordance with the provisions of Queen’s Regulations.
(5)
A review under this section may be carried out by—
(a)
the Defence Council;
(b)
any military, naval or air-force officer superior in command to the officer who dealt summarily with the charge;
(c)
a general officer or brigadier appointed by the Defence Council to carry out the review or any class of review which includes the review.
(6)
Section 113AA of this Act shall apply to a review under this section by an authority mentioned in subsection (5) above as it applies to a review under section 113 of this Act by the reviewing authority.
(7)
In the application of section 113AA to reviews under this section, that section shall have effect as if—
(a)
references to the court-martial were references to the officer who dealt summarily with the charge;
(b)
references to a finding of guilt were references to a finding that the charge has been proved;
(c)
references to a sentence passed were references to a punishment awarded; and
(d)
subsections (5)(a) and (6) were omitted.”
7
“115 Review of summary findings and awards
(1)
This section applies where a charge has been dealt with summarily and a finding has been recorded that the charge has been proved.
(2)
The accused may at any time request a review of the finding or any punishment awarded (or both); and where he does so, the finding or punishment (or both) shall be reviewed.
(3)
The finding or any punishment awarded (or both) may be reviewed at any other time.
(4)
A review under this section shall be carried out in accordance with the provisions of Queen’s Regulations.
(5)
A review under this section may be carried out by—
(a)
the Defence Council;
(b)
any air-force, naval or military officer superior in command to the officer who dealt summarily with the charge;
(c)
an air officer appointed by the Defence Council to carry out the review or any class of review which includes the review.
(6)
Section 113AA of this Act shall apply to a review under this section by an authority mentioned in subsection (5) above as it applies to a review under section 113 of this Act by the reviewing authority.
(7)
In the application of section 113AA to reviews under this section, that section shall have effect as if—
(a)
references to the court-martial were references to the officer who dealt summarily with the charge;
(b)
references to a finding of guilt were references to a finding that the charge has been proved;
(c)
references to a sentence passed were references to a punishment awarded; and
(d)
subsections (5)(a) and (6) were omitted.”
The 1957 Act
8
The 1957 Act shall be amended as follows.
9
“70 Review of findings and sentences of courts-martial.
(1)
Where a court-martial has found the accused guilty of any offence, the accused may, before the end of the prescribed period after sentence is passed, present a petition to the Defence Council against finding or sentence or both.
(2)
The reviewing authority shall, in accordance with subsections (3) and (4) below, review any finding of guilt made, and sentence passed, by a court-martial.
(3)
The review shall (if it does not begin sooner) begin as soon as is practicable after—
(a)
in a case where a petition has been presented under this section, the presentation of the petition;
(b)
in any other case, the end of the period within which a petition under this section may be presented.
(4)
Where an application for leave to appeal to the Courts-Martial Appeal Court against a finding or sentence has been made before the review of the finding or sentence has been completed—
(a)
the reviewing authority shall complete the review as soon as is practicable; but
(b)
if leave to appeal is granted before the review has been completed, the authority shall cease considering the review.
(5)
For the purposes of this Act the reviewing authority is—
(a)
the Defence Council; or
(b)
any officer to whom all or any of the powers of the Defence Council as reviewing authority may be delegated by the Defence Council.
(6)
A sentence of death and the finding of guilty in consequence of which it was passed may not be reviewed by an officer to whom powers are delegated under subsection (5)(b) above.
(7)
This section and section 71 of this Act apply to disciplinary courts as they apply to courts-martial.
(8)
In this section “prescribed” means prescribed by rules under section 58 of this Act.”
10
“71 Powers of the reviewing authority.
(1)
On a review under section 70 of this Act the reviewing authority has the following powers.
(2)
In so far as the review is of a finding of guilt, the authority may—
(a)
quash that finding and, if the sentence relates only to that finding, quash the sentence passed in consequence of that finding;
(b)
substitute a finding mentioned in subsection (3) below if that finding could have been validly made by the court-martial and the authority is of the opinion that the court-martial must have been satisfied of facts which would justify the making of that finding;
and, where another finding is so substituted, the authority may pass any such sentence (not being, in the opinion of the authority, more severe than the sentence originally passed) open to the court-martial on making such a finding as appears proper.
(3)
The findings referred to in subsection (2) above are—
(a)
any finding of guilt which could have been validly made by the court-martial on the charge before it;
(b)
if the court-martial recorded no finding on a charge alternative to a charge on which the court made the finding being reviewed, a finding of guilt on that alternative charge.
(4)
In so far as the review is of a sentence, the authority may quash the sentence or substitute a sentence (not being, in the opinion of the authority, more severe than the sentence originally passed) which was open to the court-martial.
(5)
In reviewing a sentence, the authority may—
(a)
revoke an order made by the court under section 89A(1) of this Act;
(b)
remit in whole or part any punishment awarded by the court;
(c)
commute any such punishment for one or more punishments provided by this Act, being less than the punishment commuted.
(6)
Where it appears to the reviewing authority that the court-martial, in sentencing the accused, exceeded or erroneously exercised its powers to take other offences into consideration, the authority shall (whether or not substituting a different sentence or remitting or commuting punishment) annul the taking into consideration of the other offence or offences in question and any orders dependent thereon; and where the authority does so the offence or offences shall be treated for all purposes as not having been taken into consideration.
(7)
Any substituted finding or sentence, or sentence having effect after the remission or commutation of punishment—
(a)
shall be treated for all purposes as having been made or passed by the court;
(b)
shall be promulgated and shall have effect as from the date of promulgation.”.
11
In section 71A (power to authorise retrial), for the words “Defence Council" in both places where they appear there shall be substituted the words “
reviewing authority
”
.
12
“71B Review of summary findings and awards.
(1)
This section applies where on a summary trial the accused has been found guilty of any offence.
(2)
The accused may at any time request a review of the finding or any sentence awarded (or both); and where he does so, the finding or sentence (or both) shall be reviewed.
(3)
The finding or any sentence awarded (or both) may be reviewed at any other time.
(4)
A review under this section shall be carried out in accordance with the provisions of Queen’s Regulations.
(5)
A review under this section may be carried out by—
(a)
the Defence Council;
(b)
any naval officer superior in command to the officer who tried the charge summarily;
(c)
a flag officer appointed by the Defence Council to carry out the review or any class of review which includes the review.
(6)
Section 71 of this Act shall apply to a review under this section by an authority mentioned in subsection (5) above as it applies to a review under section 70 of this Act by the reviewing authority.
(7)
In the application of section 71 to reviews under this section, that section shall have effect as if—
(a)
references to the court-martial were references to the officer before whom the summary trial took place; and
(b)
subsections (5)(a) and (6) were omitted.”.
13
Section 72 (power to remit or alter sentences) shall cease to have effect.
SCHEDULE 6 Minor and consequential amendments
Affidavits and declarations outside the United Kingdom
2
In section 204(1) of the M41Army Act 1955 (officers entitled to take affidavits and declarations outside the United Kingdom) after the words “the legal" there shall be inserted the words “
services branch of any
”
.
Enlistment in the Royal Air Force
3
“3 Enlistment for general service.
Recruits shall be enlisted for general service.”
Suspension of sentences
4
(1)
In section 120 of each of the 1955 Acts (suspension of sentences of imprisonment and detention)—
(a)
in subsection (2), for the words from the beginning to “officer" there shall be substituted the “
On passing such a sentence, the court
”
;
(b)
“(3)
On the review of a sentence which is not for the time being suspended, the reviewing authority may order that the balance of the sentence be suspended.”; and
(c)
in subsection (5)(c), for the words from “neither" to “said powers" there shall be substituted the words “
the court does not exercise the powers conferred by paragraph (a) above
”
.
(2)
In section 118 (commencement of sentences of imprisonment and detention), in the proviso to subsection (2), for the words “the confirming officer" there shall be substituted the words “
a court-martial
”
.
Remission of sentences
5
In section 122 of each of the 1955 Acts (Imprisonment and Detention Rules), in subsection (1)(e) (rules about remission of part of sentences), the words “for good conduct and industry" shall cease to have effect.
6
In section 82 of the 1957 Act (Naval Detention Quarters Rules), in subsection (1)(d) (rules about remission of part of sentences), the words “for good conduct and industry" shall cease to have effect.
Reviews
7
In Schedule 5A to each of the 1955 Acts (powers of court on trial of civilians), in paragraph 13(3), for the words “section 108" in both places they appear there shall be substituted the words “
section 113
”
.
8
In Schedule 4A to the 1957 Act (powers of court on trial of civilians), in paragraph 13(3), for the words “section 70(2)" there shall be substituted the words “
section 70(1)
”
.
9
In Schedule 3 to the M43Armed Forces Act 1976 (Standing Civilian Courts)—
(a)
in paragraph 19 (petitions for reviews), the words from “but" to “period" shall cease to have effect; and
(b)
in paragraph 20 (reviews of findings and sentences), in sub-paragraph (2)(c), for the words from “a confirming" to “section 110" there shall be substituted the words “
an authority carrying out a review under section 115
”
.
Removal or amendment of spent expressions
10
In section 111(1) of the 1957 Act (persons subject to Act) for the words from “, Queen Alexandra’s" to “Women’s Royal Naval Service" there shall be substituted the words “
and Queen Alexandra’s Royal Naval Nursing Service
”
.
11
In section 6(9)(b) of the Armed Forces Act 1976 (membership of Standing Civilian Courts) for the words from “Queen Alexandra’s" to “Women’s Royal Naval Service" there shall be substituted the words “
or Queen Alexandra’s Royal Naval Nursing Service
”
.
Meaning of “protected prisoner of war"
13
In paragraph 1 of Schedule 3 to the M44Courts-Martial (Appeals) Act 1968 (meaning of “protected prisoner of war") for the words from “means" (in the first place it appears) to “Schedule 3 to" there shall be substituted the words “
has the same meaning as in section 7(1) of
”
.
Abolition of confirmation
14
In section 82(2) of the M45Police and Criminal Evidence Act 1984 (meaning of references to conviction before a Service court in Part VIII), for the words from “references" (in the second place it appears) to “and" there shall be substituted the words “
references to a finding of guilty which is, or falls to be treated as, the finding of the court; and
”
.
15
In Article 70(2) of the M46Police and Criminal Evidence (Northern Ireland) Order 1989 (meaning of references to conviction before a Service court in Part IX), for the words from “references" (in the second place it appears) to the end there shall be substituted the words “
references to a finding of guilty which is, or falls to be treated as, the finding of the court.
”
SCHEDULE 7 Repeals
Part I Repeals relating to changes to procedure for dealing with offences under Services Acts
Chapter | Short title | Extent of repeal |
|---|---|---|
1933 c. 6. | Visiting Forces (British Commonwealth) Act 1933. | In section 4(4)(b) the words from “and may" to “courts martial". |
1955 c. 18. | Army Act 1955. | Sections 77 to 80. |
Section 82(3). | ||
Section 84. | ||
Section 85(3). | ||
Sections 86 to 90. | ||
In section 91(1), the words from “and the convening officer" to the end. | ||
In section 93, in subsection (1), the words “other than an exempted person" and “judge advocate", and subsection (1A). | ||
Section 95(4). | ||
In section 96(5), the words from “or on" to “finding". | ||
Sections 104 to 106. | ||
Section 139. | ||
In section 143(1), the definition of “convening officer". | ||
In section 209(3), paragraph (d) and, in paragraph (fa), the words “constituted under section 87 above" and “constituted under section 88 above". | ||
In section 225(1), the definition of “Rules of Procedure". | ||
1955 c. 19. | Air Force Act 1955. | Sections 77 to 80. |
Section 82(3). | ||
Section 84. | ||
Section 85(3). | ||
Sections 86 to 90. | ||
In section 91(1), the words from “and the convening officer" to the end. | ||
In section 93, in subsection (1), the words “other than an exempted person" and “judge advocate", and subsection (1A). | ||
Section 95(4). | ||
In section 96(5), the words from “or on" to “finding". | ||
Sections 104 to 106. | ||
Section 139. | ||
In section 143(1), the definition of “convening officer". | ||
In section 209(3), paragraph (d) and, in paragraph (fa), the words “constituted under section 87 above" and “constituted under section 88 above". | ||
In section 223(1), the definition of “Rules of Procedure". | ||
1957 c. 53. | Naval Discipline Act 1957. | Sections 49, 50, 52A, 53 and 55. |
In section 56(2), the words from “and shall" to the end. | ||
In section 57, subsections (1) and (3). | ||
Section 59(5). | ||
In section 76(6)(a), the words from “by the officer" to the end. | ||
In Schedule 4, in paragraph 4, the words from “and subsections" to “not apply". | ||
1966 c. 45. | Armed Forces Act 1966. | Sections 24, 30 and 31. |
1967 c. 80. | Criminal Justice Act 1967. | In section 12, the words “or orders". |
1976 c. 52. | Armed Forces Act 1976. | Section 5. |
In Schedule 3, in paragraph 1, the definition of “directing officer", in paragraph 2(2), the words from “if so" to “direction", paragraph 4(5), paragraph 7, in paragraph 12(4)(h), the words “and the directing officer", paragraph 12(4)(m) and, in paragraph 18(10), the words “or as judge advocate". | ||
1984 c. 60. | Police and Criminal Evidence Act 1984. | In section 72(1), in paragraph (b)(i) of the definition of “proceedings", the words from “or from" to “1957". |
In section 82(1), in paragraph (b)(i) of the definition of “proceedings", the words from “or from" to “1957". |
Part II Repeals relating to Abolition of Confirmation
Chapter | Short title | Extent of repeal |
|---|---|---|
1955 c. 18. | Army Act 1955. | In section 97, subsection (2) and, in subsection (3), the words from “and" (in the first place it appears) to the end. |
Section 107. | ||
Sections 109 to 111. | ||
In section 120, in subsection (5), paragraph (b) and, in paragraph (d), the words “the confirming officer" and, in subsection (6), the words “not being confirmed or by its". | ||
In section 127, in subsection (4), the words “confirming officer or" (in both places) and subsection (5). | ||
In section 131, in subsection (1), the word “confirmation" and, in subsection (3), the words “and the sentence has been confirmed". | ||
In section 133(2), paragraph (a) and, in paragraph (b), the words “confirmation of the sentence is withheld or" and “confirming officer or". | ||
In section 134, in subsection (2), paragraph (a) and, in paragraph (b), the words “confirmation of the sentence is withheld or" and “confirming officer or" and subsection (3). | ||
In section 138, in subsection (7), the words “by the confirming officer" and “officer", in subsection (8), the words from the beginning to “officer; and" and the words “confirmation and", in subsection (10), the word “officer" (in both places). | ||
In section 140, the words “confirming officer or" and “as the case may be". | ||
In section 141, in subsection (5), the words from “or" (in the second place it appears) to “confirmation" (in the first place it appears) and the words from “or of" to the end and subsection (6). | ||
In Schedule 5A, in paragraph 4(12), the words “confirming officer or", in paragraph 5(2)(b), the words “confirmation, revision or" and, in paragraph 15, in subparagraph (4), the words “confirmation" and “or revision", and, in subparagraphs (5), (6) and (7), the words “confirmation" and “revision". | ||
1955 c. 19. | Air Force Act 1955. | In section 97, subsection (2) and, in subsection (3), the words from “and" (in the first place it appears) to the end. |
Section 107. | ||
Sections 109 to 111. | ||
In section 120, in subsection (5), paragraph (b) and, in paragraph (d), the words “the confirming officer" and, in subsection (6), the words “not being confirmed or by its". | ||
In section 127, in subsection (4), the words “confirming officer or"(in both places) and subsection (5). | ||
In section 131, in subsection (1), the word “confirmation"and, in subsection (3), the words “and the sentence has been confirmed". | ||
In section 133(2), paragraph (a) and, in paragraph (b), the words “confirmation of the sentence is withheld or"and “confirming officer or". | ||
In section 134, in subsection (2), paragraph (a) and, in paragraph (b), the words “confirmation of the sentence is withheld or"and “confirming officer or"and subsection (3). | ||
In section 138, in subsection (7), the words “by the confirming officer"and “officer", in subsection (8), the words from the beginning to “officer; and"and the words “confirmation and", in subsection (10), the word “officer"(in both places). | ||
In section 140, the words “confirming officer or"and “as the case may be". | ||
In section 141, in subsection (5), the words from “or"(in the second place it appears) to “confirmation"(in the first place it appears) and the words from “or of"to the end and subsection (6). | ||
In Schedule 5A, in paragraph 4(12), the words “confirming officer or", in paragraph 5(2)(b), the words “confirmation, revision or"and, in paragraph 15, in subparagraph (4), the words “confirmation"and “or revision", and, in subparagraphs (5), (6) and (7), the words “confirmation"and “revision". | ||
1957 c. 53. | Naval Discipline Act 1957. | In Schedule 4A, in paragraph 4(12), the words “confirming officer or", in paragraph 5(2)(b), the words “confirmation, revision or" and, in paragraph 15, in subparagraph (4), the words “confirmation" and “or revision", and, in subparagraphs (5), (6) and (7), the words “confirmation" and “revision". |
1968 c. 20. | Courts-Martial (Appeals) Act 1968. | In section 17(2)(b), the words from “being" to the end. |
In section 37(2), the words from “(including" to “court-martial" (in the last place it appears). | ||
In Schedule 2, paragraph 3. | ||
1968 c. 64. | Civil Evidence Act 1968. | In section 11(6), the words from “as regards" (in the first place they appear) to “Act of 1957" (in the second place they appear). |
1968 c. 70. | Law Reform (Miscellaneous Provisions) (Scotland) Act 1968. | In section 10(6), the words from “as regards" (in the first place they appear) to “Act of 1957" (in the second place they appear). |
1971 c. 36 (N.I.). | Civil Evidence Act (Northern Ireland) 1971. | In section 7(6), the words from “as regards" (in the first place they appear) to “Act of 1957" (in the second place they appear). |
1986 c. 21. | Armed Forces Act 1986. | In Schedule 1, paragraph 1(1)(d). |
Part III Other Repeals
Chapter | Short title | Extent of repeal |
|---|---|---|
1869 c. 44. | Greenwich Hospital Act 1869. | Section 7. |
1955 c. 18. | Army Act 1955. | Section 108. |
In section 122(1)(e), the words “for good conduct and industry". | ||
Section 181. | ||
In Schedule 7, paragraph 8. | ||
1955 c. 19. | Air Force Act 1955. | Section 108. |
In section 122(1)(e), the words “for good conduct and industry". | ||
Section 181. | ||
1957 c. 53. | Naval Discipline Act 1957. | Section 72. |
In section 82(1)(d), the words “for good conduct and industry". | ||
In section 111(2) the words “or the Women’s Royal Naval Service". | ||
In section 132, in subsection (5), the words “the Women’s Royal Naval Service,". | ||
1966 c. 45. | Armed Forces Act 1966. | Section 2(4). |
1968 c. 20. | Courts-Martial (Appeals) Act 1968. | In section 8, subsection (1A)(a), in subsection (2)(a) the words from “or (if" to “annulled" and subsection (5). |
In section 32(2)(a), the words from “under" to “1968". | ||
Section 53. | ||
In section 57(1), the word “and" after the definition of “prescribed". | ||
1968 c. 27. | Firearms Act 1968. | Section 11(3). |
1970 c. 41. | Equal Pay Act 1970. | Section 1(9). |
1970 c. 32 (N.I.). | Equal Pay Act (Northern Ireland) 1970. | Section 1(10). |
1974 c. 53. | Rehabilitation of Offenders Act 1974. | In section 2, in subsection (1) the words “Subject to the following provisions of this section" and subsections (2) to (4). |
In section 6, in subsection (6) the words “Subject to subsection (7) below" and subsection (7). | ||
1976. c. 52. | Armed Forces Act 1976. | Section 17. |
In Schedule 3, in paragraph 19, the words from “but" to “period". | ||
In Schedule 9, paragraph 20(2). | ||
1976 c. 74. | Race Relations Act 1976. | In section 54(2), the words “or to a complaint to which section 75(8) applies". |
S.I. 1978/1908 (N.I. 27). | Rehabilitation of Offenders (Northern Ireland) Order 1978. | In Article 4, in paragraph (1), the words “Subject to the following provisions of this Article," and paragraphs (2) to (4). |
In Article 7, in paragraph (6) the words “Subject to paragraph (7)" and paragraph (7). | ||
1981 c. 55. | Armed Forces Act 1981. | In section 20(2) the words “and the Women’s Royal Naval Service". |
In Schedule 3, in paragraph 11(1) the words “and the Women’s Royal Naval Service" and in paragraphs 11(2) and 12 to 14 the words “or the Women’s Royal Naval Service". | ||
In Schedule 4, paragraphs 2(1) and 3(1). | ||
1983 c. 20. | Mental Health Act 1983. | Section 46. |
1984 c. 36. | Mental Health (Scotland) Act 1984. | Section 69. |
S.I. 1986/595 (N.I.4). | Mental Health (Northern Ireland) Order 1986. | Article 52. |
1991 c. 62. | Armed Forces Act 1991. | Section 1. |
1995 c. 35. | Criminal Appeal Act 1995. | In Schedule 2, paragraphs 1 and 2. |