Armed Forces Discipline Act 2000

Armed Forces Discipline Act 2000

2000 CHAPTER 4

Commentary on Sections

Section 5: Release from custody after charge or during court-martial proceedings

27. This section inserts a new section into each of the SDAs.

Subsection (1) inserts a new section into the Army Act 1955 dealing with release from custody after charge or during proceedings.

• The new section 75J applies when an accused is released from custody either at a custody hearing or at any later review of custody and provides that he shall be released from custody forthwith.

• The section also provides that certain persons have to comply with conditions which may be imposed by the judicial officer or judge advocate relating to his subsequent attendance at any hearing relating to the offence charged. Anyone who does not comply with these conditions will be guilty of an offence punishable by up to two years imprisonment.

• The persons to whom this section applies include persons who are no longer subject to military law except in relation to dealing with the offence and members of the volunteer or reserve forces.

Subsection (2) inserts a new section 75J into the Air Force Act 1955 dealing with custody after charge or during court-martial proceedings.  This section is identical in effect to that described above, but applies to persons arrested under the provisions of the Air Force Act 1955.

Subsection (3) inserts a new section 47K into the Naval Discipline Act 1957 dealing with custody after charge or during court-martial proceedings. This section is identical in effect to that described in subsection (1) above, but applies to persons arrested under the provisions of the Naval Discipline Act 1957.