C1Part 4Custody

Annotations:
Modifications etc. (not altering text)
C1

Pt. 4 modified by 1968 c. 20, s. 20(1G)(1H) (as 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. 8 para. 21(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4)

C1Chapter 2Custody etc after Charge

Custody after charge

I1C1I2106C1Conditions A to D

1

Condition A is that the judge advocate is satisfied that there are substantial grounds for believing that the accused, if released from service custody, would—

a

fail to attend any hearing in the proceedings against him;

b

commit an offence while released; or

c

interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person.

2

Condition B is that the judge advocate is satisfied that the accused should be kept in service custody for his own protection or, if he is aged under 17, for his own welfare or in his own interests.

3

Condition C is that the judge advocate is satisfied that, because of lack of time since the accused was charged, it has not been practicable to obtain sufficient information for the purpose of deciding whether condition A or B is met.

4

Condition D is that the accused's case has been adjourned for inquiries or a report and it appears to the judge advocate that it would be impracticable to complete the inquiries or make the report without keeping the accused in service custody.