S. 26 in force at 14.10.2005 by S.I. 2005/2861, art. 2
S. 27 in force at 14.10.2005 by S.I. 2005/2861 , art. 2
S. 28 in force at 14.10.2005 by S.I. 2005/2861, art. 2
S. 30 in force at 25.8.2006 by S.I. 2006/2309, art. 2
Ss. 14-22 repealed (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
S. 24 repealed (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
S. 25 repealed (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
Words in s. 26(1) substituted (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 192(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
Words in s. 26(2)(d) substituted (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 192(3); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
Words in s. 26(3)(a) substituted (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 192(4)(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
Words in s. 26(3)(b) substituted (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 192(4)(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
S. 26(4) repealed (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 192(5), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
Words in s. 27(1) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52) , s. 383(2) , Sch. 16 para. 193(2) ; S.I. 2009/812 , art. 3(a)(b) (with transitional provisions in S.I. 2009/1059 ); S.I. 2009/1167, art. 4
Words in s. 27(2)(a) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52) , s. 383(2) , Sch. 16 para. 193(3)(a) ; S.I. 2009/812 , art. 3(a)(b) (with transitional provisions in S.I. 2009/1059 ); S.I. 2009/1167, art. 4
Words in s. 27(2)(b) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52) , s. 383(2) , Sch. 16 para. 193(3)(b) ; S.I. 2009/812 , art. 3(a)(b) (with transitional provisions in S.I. 2009/1059 ); S.I. 2009/1167, art. 4
Words in s. 27(3) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52) , s. 383(2) , Sch. 16 para. 193(4) ; S.I. 2009/812 , art. 3(a)(b) (with transitional provisions in S.I. 2009/1059 ); S.I. 2009/1167, art. 4
Words in s. 28(1) substituted (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 194(2)(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
Words in s. 28(1) substituted (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 194(2)(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
Word in s. 28(1) substituted (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 194(2)(c); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
Word in s. 28(2) substituted (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 194(3); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
S. 29 repealed (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
S. 30(5A) substituted for s. 30(5)(6) (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 195(5); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 30(2)(b) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 195(3)(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 30(1) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 195(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 30(2)(a) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 195(3)(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 30(2)(c) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 195(3)(c); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 30(4)(d) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 195(4)(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 30(4)(e) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 195(4)(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 23 in force at 28.2.2002 by S.I. 2002/345, art. 2 (with art. 3)
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Section 29 of the Supreme Court Act 1981 (c. 54) (orders of mandamus, prohibition and certiorari) is amended as follows.
In subsection (1) at the beginning there is inserted “Subject to subsection (3A),”.
After subsection (3) there is inserted—
The High Court shall have no jurisdiction to make orders of mandamus, prohibition or certiorari in relation to the jurisdiction of a court-martial in matters relating to— trial by court-martial for an offence, or appeals from a Standing Civilian Court; and in this subsection “court-martial” means a court-martial under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957.
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The Secretary of State may by regulations make provision empowering
Regulations under this section may, in particular—
allow the making of such an order as is mentioned in subsection (1) at any time during the proceedings,
make provision as to the account to be taken, in making such an order, of any other order as to costs which has been made in respect of the proceedings or any grant of representation for the purposes of the proceedings which has been made under the Legal Aid Act 1988 (c. 34) or under any legal aid scheme operated by any of Her Majesty’s forces,
make provision as to the account to be taken of such an order as is mentioned in subsection (1) in the making of any other order as to costs in respect of the proceedings,
contain provision in relation to
make provision as to appeals against orders made by virtue of the regulations.
Regulations under this section shall provide—
that a person against whom an order is made by
that a person against whom an order is made by
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the Court Martial,
the Summary Appeal Court,
the Service Civilian Court, or
the Court Martial Appeal Court,
the court may disallow, or (as the case may be) order the legal or other representative concerned to meet, the whole of any wasted costs or such part of them as may be determined in accordance with regulations.
Regulations shall provide—
that a legal or other representative against whom action is taken by
that a legal or other representative against whom action is taken by
In this section—
“
a person who is exercising a right of audience, or a right to conduct litigation, on behalf of any party to the proceedings, or
“
“
as a result of any improper, unreasonable or negligent act or omission on the part of any representative or any employee of a representative; or
which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.
Where any of Her Majesty’s forces incurs costs in respect of the exercise by the
Regulations under section 26 or 27 may make provision—
as to the costs incurred by any of Her Majesty’s forces which are or are not to be taken for the purposes of that section to have been incurred by the
as to the person to whom, or account into which, any payment in respect of costs incurred by the
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The Secretary of State may by order make provision enabling a person who has been sentenced by
In subsection (1), “
in the case of a person sentenced by
in the case of a person sentenced by
in the case of a person sentenced by
An order under this section may, in particular, make provision—
as to the court to which or person to whom any application for release from custody is to be made,
as to the manner in which any such application is to be made,
as to the criteria to be applied when making a decision under the order,
as to the conditions that may be imposed,
as to the enforcement of the attendance or return to custody of the convicted person,
as to appeals against decisions taken under the order, and
for the time during which the convicted person is released from custody to be disregarded in computing the term of any sentence to which he is for the time being subject.
An order under this section may—
make provision equivalent to that made by any provision of the Bail Act 1976 (c. 63), the Magistrates’ Courts Act 1980 (c. 43) or the Supreme Court Act 1981 (c. 54) relating to bail in criminal proceedings, subject to such modifications as may be specified in the order,
make different provision in relation to different courts,
confer powers of arrest,
create service offences punishable by any of the punishments mentioned in the Table in section 164 of the Armed Forces Act 2006,
make such amendments of the
Where an order under this section creates an offence punishable with imprisonment, the maximum term it may authorise is two years.
In section 42 of the Courts-Martial (Appeals) Act 1968 (bail) there are omitted—
in subsection (1), the words “to whom this section applies”, and
subsection (2).