A person offering to enlist in the regular forces shall be given a notice in the prescribed form settingout the questions to be answered on attestation and stating the general conditions of the engagement to beentered into by him; and a recruiting officer shall not enlist any person in the regular forces unlesssatisfied by that person that he has been given such a notice, understands it and wishes to be enlisted.

The procedure for enlisting a person in the regular forces shall be that set out in the First Scheduleto this Act.

Where the recruiting officer is satisfied, by the production of a certified copy of an entry in theregister of births or by any other evidence appearing to him to be sufficient, that a person offering toenlist has or has not attained the F2appropriate minimum age, that person shall be deemed for the purposes of this Act to have attained, or as the case may be,not to have attained, that age.

A document purporting to be a certificate signed by the recruiting officer, stating that he is satisfiedas aforesaid, shall be sufficient evidence, until the contrary is proved, that he is so satisfied.

In this Part of this Act the expression “appropriate minimum age” means the age of eighteen or, in a case falling within any classfor which a lower age is for the time being prescribed, that lower age.

Recruits may, in pursuance of regulations of F4the Defence Council under this Part of this Act, be enlisted for service in particular corps, but save as may be providedby such regulations recruits shall be enlisted for general service.

The competent military authority shall as soon as practicable appoint a recruit, if enlisted for servicein a corps, to that corps, andif enlisted for general service, to such corps as the competent militaryauthority may think fit:

A soldier of the regular forces may at any time be transferred by order of the competent militaryauthority from one corps to another:

Where, in pursuance of the last foregoing subsection, a soldier of the regular forces is transferredto a corps in an arm or branch of the service different from that in which he was previously serving, thecompetent military authority may by order vary the conditions of his service so as to correspond with thegeneral conditions of service in the arm or branch to which he is transferred.

Where at the time at which apart from this section a soldier of the regular forces would be entitledto be discharged, or would fall to be transferred to the reserve, a state of war exists between Her Majestyand any foreign power, or men of the reserve are called out on permanent service, or he is serving outsidethe United Kingdom, he may be retained in army service for such period as is hereinafter mentioned, and hisservice may be prolonged accordingly.

No person shall be retained in army service by virtue of this section later than the expiration oftwelve months after the date on which apart from this section he would be entitled to be discharged.

Subject to the provisions of the last foregoing subsection, a person who apart from this section wouldbe entitled to be discharged may be retained in army service for such period as the competent militaryauthority may order.

Subject as aforesaid, a person who apart from this section would fall to be transferred to the reservemay be retained in army service for such period, ending not later than twelve months after the date on whichapart from this section he would fall to be transferred to the reserve, as the competent military authoritymay order or for any period or further period during which men of the reserve continue called out onpermanent service.

If while a soldier is being retained in army service by virtue of this section it appears to thecompetent military authority that his services can be dispensed with, he shall be entitled to be dischargedor transferred to the reserve as the case may require.

Where, at the time at which under the foregoing provisions of this section a soldier is entitled to bedischarged or transferred to the reserve, a state of war exists between Her Majesty and any foreign power,he may, by declaration made in the prescribed form before his commanding officer, agree to continue in armyservice while such a state of war exists; and if the competent military authority approve he may continueaccordingly as if the period for which his term of service could be prolonged under the foregoing provisionsof this section were a period continuing so long as a state of war exists:

In relation to soldiers serving outside the United Kingdom, references in this section to being entitledto be transferred to the reserve shall be construed as references to being entitled to be sent to the UnitedKingdom with all convenient speed for the purpose of being transferred to the reserve.

If it appears to Her Majesty that national danger is imminent or that a great emergency has arisen, Shemay by order, signified under the hand of the Secretary of State, provide that soldiers who would otherwisefall to be transferred to the reserve shall continue in army service; and thereupon the last foregoingsection shall apply to such soldiers as it applies while men of the reserve are called out on permanentservice.

Where an order has been made under subsection (1) above, the occasion thereof shall forthwith becommunicated to Parliament.

An order in force under subsection (1) above may be revoked by order of Her Majesty signified as thereinmentioned

Save as hereinafter provided every soldier of the regular forces, upon becoming entitled to bedischarged, shall be discharged with all convenient speed but until discharged shall remain subject tomilitary law.

Except in pursuance of the sentence of a court-martial (whether under this Act, F8the M1Naval Discipline Act 1957 or the M2Air Force Act 1955), a soldier of the regular forces shall not bedischarged unless his discharge has been authorised by order of the competent military authority or byauthority direct from Her Majesty; and in any case the discharge of a soldier of the regular forces shallbe carried out in accordance with Queen’s Regulations.

Every soldier of the regular forces shall on his discharge be given a certificate of dischargecontaining such particulars as may be prescribed.

A soldier of the regular forces who is discharged in the United Kingdom shall be entitled to be conveyedfree of cost from the place where he is discharged to the place stated in his attestation paper to be theplace where he was attested or to any place at which he intends to reside and to which he can be conveyedwith no greater cost.

Every soldier of the regular forces upon falling to be transferred to the reserve shall be transferredto the reserve but until so transferred shall remain subject to military law.

Where a soldier of the regular forces, when falling to be transferred to the reserve, is serving outof the United Kingdom, he shall be sent to the United Kingdom free of cost with all convenient speed andshall be transferred to the reserve on his arrival there, or if he consents to his transfer being delayed,within six months from his arrival:

A soldier who is transferred to the reserve in the United Kingdom shall be entitled to be conveyed freeof cost from the place where he is transferred to the place stated in his attestation paper to be the placewhere he was attested or to any place at which he intends to reside and to which he can be conveyed withno greater cost:

Notwithstanding anything in this Part of this Act, a soldier of the regular forces shall not be entitledto be discharged or transferred to the reserve at a time when he has become liable, as a person subject tomilitary law, F9the M3Naval Discipline Act 1957 or air-force law, to be proceeded against for an offence against any of the provisions of thisAct, F9the Naval Discipline Act 1957 or the M4Air Force Act 1955:

Notwithstanding anything in this Part of this Act, a soldier of the regular forces who is outside theUnited Kingdom and serving a sentence of imprisonment or detention awarded by a court-martial under thisAct, F9the M5Naval Discipline Act 1957 or the M6Air Force Act 1955, shall not be entitled to be discharged or transferredto the reserve during the currency of the sentence.

Where a soldier of the regular forces is convicted of desertion by court-martial, the period of hisservice as respects which he is convicted of having been a deserter shall be forfeited.

Where any of a soldier’s service is forfeited the provisions of this Part of this Act . . . F12 shall apply to him, and he shall be liable to serve, in like manner as if theappropriate date were the date of his attestation and he had, on the appropriate date, been duly enlistedto serve for the like term (both as respects duration and as respects liability to army service and anyliability to serve in the reserve) as that for which he was in fact serving at the date of his conviction:

In subsection (2) above “the appropriate date” means in relation to any person a date earlier than the date of hisconviction for desertion by the length of his service which is not forfeited.

Notwithstanding anything in the foregoing provisions of this section, the right conferred on a soldierby F14regulations made in pursuance of section 2(1)(c) of the M7Armed ForcesAct 1966 shall not be exercisable, in consequence of a orfeiture of service, at a time earlier than that atwhich it would have been exercisable apart from the forfeiture.

F15The Defence Council may by regulations make provision for the restoration in whole or in part of any forfeited serviceto a soldier in consideration of good service or on other grounds justifying the restoration of serviceforfeited.

Nothing in this section shall apply to a person who deserts at a time when he is, under F14regulations made in pursuance of section 2 of the M9Armed Forces Act1966 or under any enactment repealed by such regulations, continued in service after the completion of twenty-two years’ service.

Nothing in the foregoing provisions of this section shall be construed as prejudicing the determinationof any question as to the term for which a person was enlisted or as preventing the discharge of a personwho has not claimed his discharge.

If a person appearing before a recruiting officer for the purpose of being attested knowingly makes afalse answer to any question contained in the attestation paper and put to him by or by the direction ofthe recruiting officer, he shall be liable on summary conviction to imprisonment for a term not exceedingthree months or to a fine not exceeding F18level 1 on the standard scale.

For the avoidance of doubt it is hereby declared that a person may be proceeded against under thissection notwithstanding that he has since become subject to military law.

Subject to the provisions of the two next following subsections the number of aliens who at any one timeare serving (whether as officers or soldiers) in the regular forces shall not exceed one-fiftieth of theaggregate number at that time of those forces.

In reckoning the number of aliens serving as aforesaid there shall be excluded persons enlisted outsidethe United Kingdom and serving in such units (if any) as may be prescribed, and officers serving in suchunits.

F20The Defence Council may by regulations provide that at any time at which a state of war exists between Her Majesty andany foreign power or while men of the reserve are called out on permanent service subsection (1) of thissection shall have effect with the substitution for one-fiftieth of such other fraction as may be specifiedin the regulations.

Nothing in section three of the Act of Settlement (which provides among other things that aliens areincapable of holding certain offices or places of trust) shall apply to an office or place of trust in theregular forces so long as the limit having effect under the foregoing provisions of this section is notexceeded.

F20The Defence Council may by regulations provide that in such cases as may be prescribed by the regulations it shall notbe necessary to administer the oath of allegiance to an alien on his enlistment; and in relation to casesso prescribed this Act shall have effect with the omission of references to the administration and takingof the oath of allegiance.

References in this Part of this Act to soldiers shall include references to warrant officers and tonon-commissioned officers.

The reference in subsection (2)(a) above to superior officers shall be construed in accordance withsection 33(2) of this Act.

A person subject to military law shall be guilty of an offence against this section if he does any actlikely to imperil the success of any action or operation on the part of any of Her Majesty’s forces, orwilfully delays or discourages upon any pretext whatsoever any such action or operation.

A person subject to military law shall be guilty of an offence against this section if, knowingly andwithout lawful excuse, he gives any false air signal, or alters or interferes with any air signal or anyapparatus for giving an air signal.

In this section “prize court” means a prize court within the meaning of the M10Naval PrizeAct 1864, and “ship papers” and “aircraft papers” have the same meanings as in that Act.

Any person subject to military law who, in a case not falling within the last foregoing subsection,takes part in a mutiny, or incites any person subject to service law to take part in a mutiny, whetheractual or intended, shall, on conviction by court-martial, be liable to imprisonment or any less punishmentprovided by this Act.

In the foregoing provisions of this section the expression “superior officer”, in relation to any person, means an officer, warrant officer ornon-commissioned officer of the regular forces of superior rank, and includes an officer, warrant officeror non-commissioned officer of those forces of equal rank but greater seniority while exercising authorityas the said person’s superior.

Any person subject to military law who, when requested to do so by a drug testing officer, fails to provide a sample of his urine for testing for the presence of drugs shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding six months or any less punishment provided by this Act.

Any person subject to military law who contravenes or fails to comply with any provision of orders towhich this section applies, being a provision known to him, or which he might reasonably be expected toknow, shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.

This section applies to standing orders or other routine orders of a continuing nature made for anyformation or unit or F39body of Her Majesty’s forces, or for any command or other area, garrison or place, or for any ship, train or aircraft.

Any person subject to military law who deserts shall, on conviction by court-martial, be liable toimprisonment or any less punishment provided by this Act.

In this section the expression “unfit” includes temporarily unfit.

Any person subject to military law who is guilty of drunkenness, whether on duty or not, shall, onconviction by court-martial, be liable to imprisonment for a term not exceeding two years or any lesspunishment provided by this Act F45

For the purposes of this section a person is guilty of drunkenness if owing to the influence of alcoholor any drug, whether alone or in combination with any other circumstances, he is unfit to be entrusted withhis duty or with any duty which F47he might reasonably expect to be called upon to perform, or behaves in a disorderly manner or in any manner likely to bring discredit on Her Majesty’sservice.

It shall be a defence for a person charged with an offence under subsection (2) of this section inrespect of any conduct likely to have a particular effect that, in the circumstances, his conduct was inall respects consistent with the exercise of reasonable care to avoid producing that effect.

For the purposes of this section the efficiency or effectiveness of any equipment is impaired if,whether or not it is damaged, the equipment is made temporarily or permanently less efficient or effectiveeither for all purposes or for a particular purpose for which it has been designed, adapted, adjusted orprogrammed.

It shall be a defence for a person charged under this section with losing any property that he tookreasonable steps for its care and preservation.

The last foregoing subsection shall apply in relation to horses, mules, food, forage and stores (withinthe meaning of Part IV of this Act) as it applies in relation to vehicles.

Any person subject to military law who wilfully allows to escape any person who is committed to hischarge, or whom it is his duty to guard, shall, on conviction by court-martial, be liable to imprisonmentor any less punishment provided by this Act.

Any person subject to military law who, being concerned in any quarrel or disorder, refuses to obey anyofficer who orders him into arrest, or F60 uses violence to, or offers violence to, any such officer, shall be guiltyof an offence against this section whether or not the officer is his superior officer.

Any person subject to military law who F60 uses violence to, or offers violence to, any person, whether subject tomilitary law or not, whose duty it is to apprehend him or in whose custody he is shall be guilty of anoffence against this section.

Any person guilty of an offence against this section shall, on conviction by court-martial, be liableto imprisonment for a term not exceeding two years or any less punishment provided by this Act.

If the offender has attained seventeen years of age but is under twenty-one years of age, subsection(2) above shall have effect in relation to him as if the power to impose a sentence of imprisonment werea power to make an order under section 71AA below.

References in paragraphs (a) to (f) of subsection (1) of this section to a court-martial shall includereferences to a court-martial F64or disciplinary court held in pursuance of F65the M14Naval Discipline Act 1957, F64and to a court-martial held in pursuance of the M15Air Force Act 1955, or the law of any colony.

Any person subject to military law who without lawful authority discloses or purports to disclose,whether orally, in writing, by signal or by any other means whatsoever, information relating to any matterupon which information would or might be useful to an enemy shall, on conviction by court-martial, be liableto imprisonment for a term not exceeding two years or any less punishment provided by this Act.

It shall be a defence for a person charged with an offence under this section that he did not know andhad no reasonable cause to believe that the information disclosed related to a matter upon which informationwould or might be directly or indirectly useful to an enemy.

Any person subject to military law who aids, abets, counsels or procures the commission by anotherperson of an offence against any of the foregoing provisions of this Part of this Act, or against section69 below, or who incites another person to commit any such offence, shall himself be guilty of the offencein question, and shall be liable to be charged, tried and punished accordingly.

A person may be guilty by virtue of subsection (1) above of an offence against section 62 of this Actwhether or not he knows the nature of the document in question.

Any person subject to military law who commits a civil offence, whether in the United Kingdom orelsewhere, shall be guilty of an offence against this section.

In this Act the expression “civil offence” means any act or omission punishable by the law of England or which, ifcommitted in England, would be punishable by that law; and in this Act the expression “the corresponding civil offence” means the civil offence the commission of whichconstitutes the offence against this section.

For the purpose of determining under this section whether an attempt to commit an offence is a civiloffence, subsection (4) of section 1 of the M16Criminal Attempts Act 1981 (which relatesto the offence of attempt) shall have effect as if for the words “offence which, if it were completed,would be triable in England and Wales as an indictable offence" there were substituted the words “civiloffence consisting of an act punishable by the law of England and Wales as an indictable offence or an actwhich, if committed in England or Wales, would be so punishable by that law".

A person shall not be charged with an offence against this section committed in the United Kingdom ifthe corresponding civil offence is treason, murder, manslaughter, treason-felony or rape F85or an offence of genocideF86or an offence under section 1 of the M17Biological Weapons Act 1974.

F87In this and the following subsection the references to murder shall apply also toaiding, abetting, counselling or procuring suicide.

Where the corresponding civil offence is murder or manslaughter, F88or an offence of genocide consisting of the killing of any person an offence against this section shall be deemed, for the purposes of the last foregoing subsection,to have been committed at the place of the commission of the act or occurrence of the neglect which causedthe death, irrespective of the place of the death.

A person subject to military law may be charged with an offence against this section notwithstandingthat he could on the same facts be charged with an offence against any other provision of this Part of thisAct.

A person F95who, otherwise than under section 57(2) of this Act, is sentenced by a court-martial to imprisonment shall also be sentenced either to dismissal with disgracefrom Her Majesty’s service or to dismissal from Her Majesty’s service:

A warrant officer or non-commissioned officer F95who, otherwise than under section 57(2) of this Act, is sentenced by a court-martial to imprisonment, to dismissal from Her Majesty’s service (whether or notwith disgrace), or to detention, shall also be sentenced to be reduced to the ranks:

Unless the Secretary of State by order provides that this subsection shall no longer apply, the stoppages awarded by a court-martial in respect of any offence occasioning personal injury of which a person is convicted or any other such offence which is taken into consideration in determining sentence shall not exceed such sum as is for the time being specified by an order made by the Secretary of State.

The power to make an order under subsection (6) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

A person under F9821 years of age shall not be sentenced to imprisonment.

Where a person under 21 years of age is convicted of murder or any other civil offence the sentence for which is fixed by law as imprisonment for life, the court shall sentence him to custody for life unless he is liable to be detained under subsection (3) below.

For the purpose of determining whether any method of dealing with a person to whom subsection (1B) of this section applies, other than sentencing him to custody for life, is appropriate, the court shall obtain and consider information about the circumstances, and shall take into account any information before the court which is relevant to his character and his physical and mental condition.

A person convicted of murder who was under 18 years of age when the offence was committed shall not be sentenced to imprisonment for life, nor shall sentence of death be pronounced on or recorded against a person convicted of any offence who was under 18 years of age when the offence was committed; but in lieu thereof the court shall (notwithstanding anything in this or any other Act) sentence him to be detained during Her Majesty’s pleasure, and if so sentenced he shall be liable to be detained in such place and under such conditions as the Secretary of State may direct.

A sentence of F107custody for life or detention under subsection (3) or (4) above shall be treated for the purposes of this Part of this Act as a punishment provided by this Act involving the same degree of punishment as a sentence of imprisonment; and section 71(3) and (4) above shall apply to such a sentence of detention F107and to a sentence of custody for life as they apply to a sentence of imprisonment.

A person detained pursuant to the directions of the Secretary of State under this section shall, while so detained, be deemed to be in legal custody.

A sentence of detention under section 71(1)(e) of this Act shall be treated for the purposes of this section as a non-custodial sentence and references in this section to a custodial sentence shall be construed accordingly.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The court shall not make a custodial order committing an offender aged 17 to be detained for a period exceeding twelve months or for a period such that the continuous period for which he is committed to be detained under that order and any one or more other custodial orders exceeds twelve months.

For the purposes of determining whether F117it is satisfied as mentioned in sub-paragraphs (i) and (ii) of subsection (1E) of section 71A of this Act with respect to any person the court shall obtain and consider information about the circumstances, and shall take into account any information before the court which is relevant to his character and his physical and mental condition.

If a person is outside the United Kingdom at the time a custodial order is made in respect of him, he shall as soon as practicable F118 . . . be removed to the United Kingdom.

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

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

F123Section 65 of the Criminal Justice Act 1991 (release of young offenders) shall apply to persons released from a term of detention under a custodial order as it applies to persons released from a term of detention under a detention centre order or a term of youth custody.

F125Section 32 of the Prisons (Scotland) Act 1989 (supervision of young offenders following release) shall apply to persons released from a term of detention under a custodial order as it applies to those released from a term of detention imposed under section 207 or section 415 of the M19Criminal Procedure (Scotland) Act1975.

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

Where a court makes a custodial order and, in accordance with its duty under subsection (2) above, makes the statement required by paragraph (a) of that subsection, the matters stated shall be specified in the order (made under Imprisonment and Detention Rules) pursuant to which the offender is committed into custody.

Subject to subsections (4) and (5) below, the Table in section 31(3A) of the M20Powers of Criminal Courts Act 1973 (maximum periods of imprisonment for default inpayment of fines etc.), as F131for the time being in force , shall have effect for the purpose of determining the maximum periods of further imprisonment or detention that may be specified under subsection (1) abovefor fines of the amounts set out in that Table.

Where the whole amount of the said fine is paid or recovered in the prescribed manner the order undersubsection (1) above shall cease to have effect, and the person subject to it shall be released unless heis in custody for some other cause.

Where part of the said amount is paid or recovered in the prescribed manner, the period of the furtherterm of imprisonment F132or detention specified under subsection (1) above shall be reduced by such number of days as bears to the totalnumber of days in that period less one day the same proportion as the amount so paid or recovered bears tothe amount of the said fine.

In calculating the reduction required under the last preceding subsection any fraction of a day shallbe left out of account.

An order imposing a term of detention under this section shall be given effect as if it were a custodialorder under section 71AA above.

In this section, references to the due recovery of any amount include references to deductions from payunder Part III of this Act, but do not include references to amounts forfeited under the said Part III.

Any person subject to military law found committing an offence against any provision of this Act, oralleged to have committed or reasonably suspected of having committed any such offence, may be arrested inaccordance with the following provisions of this section.

An officer may be arrested by an officer of the regular forces of superior rank, or, if engaged in aquarrel or disorder, by such an officer of any rank.

A warrant officer, non-commissioned officer or soldier may be arrested by any officer, warrant officeror non-commissioned officer of the regular forces:

A provost officer, or any officer, warrant officer F134 non-commissioned officer F135or rating legally exercising authority under a provost officer or on his behalf, may arrest any officer, warrantofficer, non-commissioned officer or soldier:

The power of arrest given to any person by this section may (subject to the provisions of Queen’sRegulations) be exercised either personally or by ordering into arrest the person to be arrested or bygiving orders for that person’s arrest.

The allegations against any person subject to military law who is under arrest shall be dulyinvestigated without unnecessary delay, and as soon as may be either proceedings shall be taken forpunishing his offence or he shall be released from arrest.

Wherever any person subject to military law, having been taken into military custody, remains underarrest for a longer period than eight days without a court-martial for his trial being assembled, a specialreport on the necessity for further delay shall be made by his commanding officer to the prescribedauthority in the prescribed manner, and a similar report shall be made to the like authority and in the likemanner every eight days until a court-martial is assembled or the offence is dealt with summarily or he isreleased from arrest:

A person shall not be kept in military custody later than 48 hours after the relevant time without being charged except in accordance with section 75C of this Act.

In this Act “the relevant time” in relation to a person arrested under section 74 of this Act means the time of the arrest.

The commanding officer of a person kept in military custody in accordance with section 75A of this Act shall, subject to subsection (3) below, review the keeping of that person in military custody not later than the end of the period for which it is authorised.

Subsections (4) and (5) of section 75A of this Act shall apply on each review under this section as they apply where a report is received under subsection (1) of that section.

If, on an application by the commanding officer of a person arrested under section 74 of this Act, a judicial officer is satisfied that there are reasonable grounds for believing that the continued keeping of that person in military custody is justified, the judicial officer may by order authorise the keeping of that person in military custody.

The person to whom the application relates may be kept in military custody during the adjournment.

The period for which a judicial officer, on an application under this section, may authorise the keeping of a person in military custody shall be such period, ending not more than 96 hours after the relevant time, as he thinks fit having regard to the evidence before him.

Where a judicial officer refuses an application under this section at any time less than 48 hours after the relevant time, he may direct that the person to whom it relates forthwith be charged or released from military custody.

Where a judicial officer refuses an application under this section at any later time, he shall direct that the person to whom it relates forthwith be charged or released from military custody.

Regulations under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Any reference in sections 75A to 75C of this Act to a period of time is to be treated as approximate only.

Where a person subject to military law (“the accused”) is kept in military custody after being charged with an offence against any provision of this Part of this Act, he shall be brought before a judicial officer as soon as practicable.

The period for which a judicial officer may, by an order under subsection (2) above, authorise the keeping of the accused in military custody shall be such period, ending (subject to section 75G(7) of this Act) not later than 8 days after the day on which the order is made, as he thinks fit having regard to the evidence before him.

Subsection (1) above does not apply where the accused is charged at a time when he is kept in military custody by reason of an award or sentence under this Act or of an order under subsection (2) above, unless that reason ceases to apply.

Where the keeping of the accused in military custody is authorised by an order under section 75F(2) of this Act, it shall be reviewed by a judicial officer not later than the end of the period for which it is authorised.

Where a request is made under subsection (2) above, a review shall be carried out as soon as practicable.

Subsections (2) to (6) of section 75F of this Act apply on a review as they apply where the accused is brought before a judicial officer under subsection (1) of that section.

At the first review the accused may support an application for release from military custody with any argument as to fact or law that he desires (whether or not he has advanced that argument previously).

At subsequent reviews the judicial officer need not hear arguments as to fact or law which have been heard previously.

On a review at a hearing at which the accused is legally represented, the judicial officer may, if the accused consents, authorise the keeping of the accused in military custody for a period of not more than 28 clear days.

In this section “review” means a review under subsection (1) above.

Where the accused is kept in military custody under an order under section 75F(2) of this Act at any time after the commencement of his trial by court-martial, section 75G of this Act (and section 75F as applied by that section) shall apply with the following modifications.

In relation to a review before the announcement of the court-martial’s finding on the charge or every charge against the accused, references to a judicial officer shall have effect as references to the judge advocate.

Section 75F(3)(d) does not apply in the case of an accused who is awaiting sentence.

An order under section 75F(2) does not authorise the keeping of the accused in military custody after he is sentenced by the court-martial.

Subsection (1) above shall cease to apply (but without prejudice to any order already made by virtue of that subsection) if the court-martial is dissolved.

This section applies where, at a hearing under section 75F(1) of this Act or on a review under section 75G(1) of this Act, the judicial officer or judge advocate (as the case may be) does not authorise keeping the accused in military custody.

A person on whom a requirement has been imposed under subsection (2)(b) above is guilty of an offence if he fails without reasonable cause to attend any hearing to which the requirement relates.

A person guilty of an offence under this section shall be liable on conviction by court-martial to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

Subject to subsection (4) below, subsection (3) below applies between the commencement of the trial of the accused by court-martial and the announcement of the court-martial’s finding on the charge or every charge against the accused.

Where this subsection applies, the judge advocate, if satisfied that taking the accused into military custody is justified, may direct the arrest of the accused; and any person with power to arrest the accused for an offence against a provision of this Act shall have the same power, exercisable in the same way, to arrest him pursuant to a direction under this subsection.

Subsection (3) above shall cease to apply (but without prejudice to any direction already given by virtue of that subsection) if the court-martial is dissolved.

Judicial officers shall be appointed for the purposes of this Act by the Judge Advocate General.

Rules under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

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.

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.

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.

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.

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.

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.

Before dealing summarily with a charge, the commanding officer or appropriate superior authority shall afford the accused the opportunity of electing court-martial trial in relation to that charge.

Where in accordance with regulations under section 83 of this Act two or more charges are together to be dealt with summarily, any election for court-martial trial must relate to all the charges concerned.

If the accused elects court-martial trial and does not withdraw his election with leave, the commanding officer or appropriate superior authority shall refer to higher authority the charge to which the election relates, with a view to the trial of the accused by court-martial.

Subsection (1) above does not enable the accused to make a further election for court-martial trial in relation to a charge which has been referred back to the appropriate superior authority or commanding officer under subsection (4) above.

Where under section 76B(3) of this Act a charge is amended or one charge is substituted for another, subsection (1) above applies in relation to the amended or substituted charge.

This section applies where a charge is to be dealt with summarily by a commanding officer or appropriate superior authority.

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.

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.

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.

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.

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.

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.

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.

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.

This section applies where a commanding officer or appropriate superior authority records a finding that a charge against an accused has been proved.

The commanding officer may not award a fine or minor punishment for an offence for which he awards detention.

The appropriate superior authority may not award a fine for an offence for which he awards forfeiture of seniority.

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.

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.

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.

After investigation, a charge against an officer below the rank of lieutenant-colonel or against awarrant officer may, if an authority has power under the following provisions of this Part of this Act todeal with it summarily, be so dealt with by that authority (in this Act referred to as “the appropriatesuperior authority") in accordance with those provisions.

After investigation, a charge against a non-commissioned officer or soldier may be dealt with summarilyby his commanding officer, subject to and in accordance with the following provisions of this Part of thisAct.

Any charge not dealt with summarily as aforesaid shall after investigation be remanded for trial bycourt-martial.

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

References in this Act to dealing summarily with a charge are references to the taking by theappropriate superior authority or the commanding officer of the accused, as the case may require, of thefollowing action, that is to say, determining whether the accused is guilty, dismissing the charge orrecording a finding of guilty accordingly, and awarding punishment.

The following provisions of this section shall have effect where the commanding officer has investigateda charge against a non-commissioned officer or soldier F156and has not stayed further proceedings thereon.

Where the accused is a lance-corporal or lance-bombardier, and the commanding officer finds him guilty,the commanding officer may, if he awards no other punishment or no other punishment except stoppages, orderthe accused to be reduced to the ranks.

Where the accused is an acting warrant officer or non-commissioned officer, and the commanding officerfinds him guilty, the commanding officer may, if he awards no other punishment or no other punishment exceptstoppages, order the accused to revert to his permanent rank F161or to assume an acting rank lower than that held by him but higher than his permanentrankF162or, where his permanent rank is that of lance-corporal or lance-bombardier, to forfeithis acting rank and be reduced to the ranks.

Notwithstanding anything in subsection (3) of this section, where the commanding officer F163considers that the accused is guilty and if the charge is dealt with summarily will award a punishment otherthan severe reprimand, reprimand or a minor punishment, or where a finding of guilty (whatever thepunishment awarded) will involve a forfeiture of pay, the commanding officer shall not record a findinguntil after affording the accused an opportunity of electing to be tried by court-martial; and if theaccused so elects and does not subsequently in accordance with Queen’s Regulations withdraw his election,the commanding officer shall not record a finding but shall take the prescribed steps with a view to thecharge being tried by court-martial.

Where a charge is one which can be dealt with summarily, but the commanding officer has taken steps witha view to its being tried by court-martial, any higher authority to whom the charge is referred may referthe charge back to the commanding officer to be dealt with summarily; and on any such reference F164the four last foregoing subsections shall apply as if the commanding officer had originally been of opinion that the charge should bedealt with summarily:

After investigating a charge against an officer or warrant officer, the commanding officer shall, unless he has dismissed F165or stayed further proceedings on the charge, or the case is one where he has power, and proposes, to direct trial by field general court-martial, submit it in the prescribed manner to higher authority; and thereupon it shall be determined by such authority how the charge is to be proceeded with in accordance with the two next following subsections.

If the charge is one which can be dealt with summarily, it may be referred to the appropriate superior authority.

If the charge is not so referred, the prescribed steps shall be taken with a view to its being triedby court-martial.

Where the charge is referred to the appropriate superior authority, that authority shall investigate the charge in the prescribed manner and determine whether the accused is guilty of the charge and accordingly dismiss the charge or record a finding of guilty:

Notwithstanding anything in subsection (4) of this section, where the appropriate superior authority F167considers that the accused is guilty and if the charge is dealt with summarily will award F168any punishment other than severe reprimand or reprimand, or where a finding of guilty will involve a forfeiture of pay, the authority shall not record a finding until after affording the accused an opportunity of electing to be tried by court-martial; and if the accused so elects F169and does not subsequently in accordance with Queen’s Regulations withdraw his election the authority shall not record a finding but shall take the prescribed steps with a view to the charge being tried by court-martial.

Notwithstanding anything in section 78 or 79 of this Act, where a charge has been referred to higherauthority with a view to its being tried by court-martial, or has been submitted to higher authority fordetermination how it is to be proceeded with, that authority may refer the charge back to the commandingofficer of the accused with a direction to dismiss the charge or a direction to stay all further proceedingsthereon; and the commanding officer shall deal with the charge accordingly.

The reference back of a charge under subsection (1) above shall be without prejudice to the preferringof another charge if the higher authority has so directed or the commanding officer thinks fit.

Where in accordance with Queen’s Regulations a warrant officer, non-commissioned officer or soldiersigns a written confession that he has been guilty of desertion, his commanding officer may, notwithstandinganything in the foregoing provisions of this Part of this Act, submit the confession for the considerationof F171the Defence Council or such officer not below the rank of brigadier as may beprovided by Queen’s Regulations.

After considering any such confession F171the Defence Council or such officer as aforesaid may direct that the offence shall not be tried by court-martial or dealtwith summarily by the appropriate superior authority or commanding officer, and if such a direction is giventhe period of his service as respects which he confesses to have been a deserter shall be forfeited.

In this Act the expression “commanding officer”, in relation to a person charged with an offence, means such officerhaving powers of command over that person as may be determined by or under regulations of F174the Defence Council.

Regulations under this section may confer on officers, or any class of officers, who by or under theregulations are authorised to exercise the functions of commanding officer power to delegate thosefunctions, in such cases and to such extent as may be specified in the regulations, to officers of a classso specified.

The charges which may be dealt with summarily by a commanding officer, and the charges which may bedealt with summarily by an appropriate superior authority, shall be such as may be specified by regulationsof F177the Defence Council.

In such cases as may be specified in that behalf by regulations of F177the Defence Council, the powers of a commanding officer or appropriate superior authority to award punishment shall besubject to such limitations as may be so specified.

There shall be a court (in this Act referred to as “the summary appeal court") for the purpose of hearing appeals against findings recorded and punishments awarded by commanding officers and appropriate superior authorities on dealing summarily with charges.

There shall be a court administration officer for the court, who shall be an officer (or other person) appointed by the Defence Council.

The court shall sit at such times and in such places as may be determined by the court administration officer.

The court administration officer shall perform such other functions as may be prescribed by rules under section 83ZJ of this Act.

Judge advocates in relation to the summary appeal court shall be appointed by the Judge Advocate General.

No person shall be appointed under this section unless he is qualified under section 84B(2) of this Act for appointment as the judge advocate in relation to a court-martial.

Subject to subsections (2) and (3) below, an officer is qualified under this section for membership of the summary appeal court if he is a military officer who 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 periods amounting in the aggregate to not less than two years.

Subject to subsection (3) below, rules under section 83ZJ of this Act may specify circumstances in which any other military officer or a naval or air-force officer is qualified under this section for membership of the court.

Subsection (1) above has effect subject to any provision made by virtue of section 83ZJ of this Act.

The judge advocate for any appeal shall be specified by or on behalf of the Judge Advocate General.

The other members of the court for any appeal shall be specified by or on behalf of the court administration officer.

Subject to subsection (3) below, any appeal must be brought within the period of fourteen days beginning with the date on which the punishment was awarded (“the initial period”) or within such longer period as the court may (before the end of the initial period) allow.

The court may at any later time give leave for an appeal to be brought.

On any appeal under this section, the respondent shall be the prosecuting authority.

An appeal under section 83ZE of this Act against a finding shall be by way of a rehearing of the charge.

An appeal under section 83ZE of this Act which relates only to the punishment awarded shall be by way of a rehearing in relation to the award of punishment.

Except in such cases as may be prescribed by rules under section 83ZJ of this Act, appeals shall be heard in open court.

Proceedings of the summary appeal court shall be conducted in accordance with the law of England and Wales.

Rulings and directions on questions of law (including questions of procedure and practice) shall be given by the judge advocate.

Any directions given by the judge advocate shall be binding on the court.

Any punishment awarded by the court shall have effect as if awarded on the day on which the original punishment was awarded on dealing with the charge summarily.

Any finding substituted or sentence awarded by the court shall be treated for all purposes as having been made or awarded by the officer who dealt summarily with the charge.

Subject to section 83ZF(5) of this Act, any decision of the summary appeal court when constituted as mentioned in section 83ZD(1) of this Act shall be determined by a majority of the votes of the members of the court.

The person who brought the appeal may question any judgment of the summary appeal court on the ground that it is wrong in law or is in excess of jurisdiction, by applying to the summary appeal court to have a case stated for the opinion of the High Court in England and Wales.

The Secretary of State may make rules for the purpose of regulating the practice and procedure to be followed in the summary appeal court.

Rules under this section may provide for any enactment which relates to the practice or procedure of courts-martial or to the admissibility of evidence in courts-martial to apply in relation to the court with such modifications as may be specified.

Rules under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Every member of the summary appeal court shall, before first sitting as a member of the court, have administered to him by the prescribed person in the prescribed manner an oath in the prescribed form.

In subsection (1) above “prescribed” means prescribed by the Secretary of State by order made by statutory instrument.

An order made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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.

This section applies where a case has been referred to the prosecuting authority.

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.

The prosecuting authority shall not determine that a charge against an officer be tried by district court-martial.

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.

The prosecuting authority shall have the conduct of any court-martial proceedings under this Act against the accused.

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.

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.

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.

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.

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.

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.

Where a charge is referred to a commanding officer under subsection (1) above, the commanding officer shall deal with the charge as if it had been reported to him under section 76(1) of this Act.

The prosecuting authority may give advice to police forces on all matters relating to offences under this Act (including offences under the Reserve Forces Act 1996 which by virtue of subsection (1) of section 103 of that Act are treated for the purposes mentioned in that subsection as being offences under this Act).

The prosecuting authority may delegate any of his functions to officers appointed by him as prosecuting officers.

Subject to the provisions of this section, a charge which is to be tried by court-martial shall be triedeither by general court-martial or by district court-martial.

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.

Rulings and directions on questions of law (including questions of procedure and practice) shall be given by the judge advocate.

Any directions given by the judge advocate shall be binding on the court.

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.

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.

In subsection (4) above “the preliminary charge” means the charge referred to higher authority by the commanding officer of the accused.

A general court-martial shall consist of the president, not less than four other military officers and the judge advocate.

A district court-martial shall consist of the president, not less than two other military officers and the judge advocate.

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.

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.

Not less than four of the members of a general court-martial shall be of a rank not below that of captain.

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.

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.

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.

A general court-martial shall have power to try any person subject to military law for any offence whichunder this Act is triable by court-martial, and to award for any such offence any punishment authorised bythis Act for that offence.

A district court-martial shall have the powers of a general court-martial except that it shall not tryan officer or sentence a warrant officer to imprisonment, discharge with ignominy, dismissal or detention,and shall not award the punishment of death or of imprisonment for a term exceeding two years F201or make an order committing a person to be detained under section 71AA of this Actfor a period exceeding two years.

A field general court-martial shall have the powers of a general court-martial, except that where thecourt consists of less than three officers the sentence shall not exceed imprisonment for a term of twoyears F202or detention under section 71AA of this Act for a period of two years.

Where a court-martial tries a person in pursuance of an election for court-martial trial, the court shall not award any punishment which could not have been awarded by the commanding officer or appropriate superior authority who would have dealt summarily with the preliminary charge if the election had not been made.

In subsection (1) above “the preliminary charge” means the charge which would have been dealt with summarily had the accused not elected court-martial trial.

For the purposes of this section a court-martial is not to be regarded as trying a person in pursuance of an election for court-martial trial if, since the election was made, the prosecuting authority has referred the charge back to the commanding officer under section 83BB of this Act.

A general court-martial may be convened by any qualified officer authorised by Her Majesty by warrantunder Her sign manual to convene general courts-martial or that court-martial, F204or by any officer to whom a qualified officer so authorised has delegated his powerunder the warrant, being an officer under the command of the qualified officer and not below the rank ofcolonel.

A district court-martial may be convened by an officer authorised to convene general courts-martial,by any person, not below the rank of captain, under the command of such an officer whom that officer hasauthorised to convene district courts-martial, by any general officer or brigadier commanding a body oftroops or by any officer for the time being acting in the place of such a general officer or brigadier.

A field general court-martial may be convened by the officer who directed that the charge should betried by field general court-martial.

A general court-martial shall consist of the president and not less than four other officers.

Save as hereinafter provided, an officer shall not be appointed a member of a general court-martialunless he belongs to Her Majesty’s military forces, is subject to military law and has held a commissionin F206any 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 thanthree years.

Not less than four of the members of a general court-martial shall be of a rank not below that ofcaptain.

The president of a general court-martial shall be appointed by order of the convening officer and shallnot be under the rank of field officer unless in the opinion of the convening officer a field officer havingsuitable qualifications is not, with due regard to the public service, available; and in any event thepresident of a general court-martial shall not be under the rank of captain.

The members of a general court-martial, other than the president, shall be appointed by order of theconvening officer or in such other manner as may be prescribed.

An officer under the rank of captain shall not be a member of a general court-martial for the trial ofan officer above that rank.

A district court-martial shall consist of the president and not less than two other officers.

Save as hereinafter provided, an officer shall not be appointed to be a member of a districtcourt-martial unless he belongs to Her Majesty’s military forces, is subject to military law and has helda commission in F207any 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 thantwo years.

The president of a district court-martial shall be appointed by order of the convening officer and shallnot be under the rank of field officer unless in the opinion of the convening officer a field officer havingsuitable qualifications is not, with due regard to the public service, available; and in any event thepresident of a district court-martial shall not be under the rank of captain.

The members of a district court-martial, other than the president, shall be appointed by order of theconvening officer or in such other manner as may be prescribed.

A field general court-martial shall consist of the president and not less than two other officers, or,if the convening officer is of opinion that three officers having suitable qualifications are not availablewithout serious detriment to the public service, shall consist of the president and one other officer.

Save as hereinafter provided, the members of a field general court-martial shall be persons belongingto Her Majesty’s military forces and subject to military law.

The president of a field general court-martial shall be an officer appointed by the convening officerand shall not be under the rank of captain.

The members of a field general court-martial, other than the president, shall be appointed by order ofthe convening officer or in such other manner as may be prescribed.

The officer who convened a court-martial shall not be a member of that court-martial:

An officer who at any time between the date on which the accused was charged with the offence and thedate of the trial has been the commanding officer of the accused, and any other officer who has investigatedthe charge against the accused, or 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, shall not sit asa member of a general or district court-martial or act as judge advocate at such a court-martial.

If any court-martial is required to be convened at any place where in the opinion of the conveningofficer the necessary number of military officers having suitable qualifications is not available to formthe court, and cannot be made available with due regard to the public service, the convening officer may,with the consent of the proper naval or air-force authority, appoint any naval or air-force officer aspresident in lieu of a military officer or as any other member of the court in lieu of or in addition toa military officer or military officers:

In this section the expression “military officer” means an officer belonging to Her Majesty’s military forces and subjectto military law.

Subject to the provisions of this section, a court-martial shall sit at such place (whether within orwithout Her Majesty’s dominions) as may be specified in the order convening the court; and the conveningofficer may convene it to sit F209at any place, whether or not, in the case of an officer having a command, within thelimits of his command.

A court-martial sitting at any place shall if the convening officer directs it to sit at some otherplace, and may without any such direction if it appears to the court requisite in the interests of justiceto sit at some other place, adjourn for the purpose of sitting at that other place.

An accused about to be tried by any court-martial shall be entitled to object, on any reasonablegrounds, to any member of the court, whether appointed originally or in lieu of another officer.

For the purpose of enabling the accused to avail himself of the right conferred by the last foregoingsubsection, the names of the members of the court shall be read over in the presence of the accused beforethey are sworn, and he shall be asked whether he objects to any of those officers.

Every objection made by an accused to any officer shall be considered by the other officers appointedmembers of the court.

If objection is made to the president and not less than one-third of the other members of the courtallow it, the court shall adjourn and the convening officer shall appoint another president.

If objection is made to a member of the court other than the president and not less than one-half ofthe members entitled to vote allow it, the member objected to shall retire and the vacancy may, and ifotherwise the number of members would be reduced below the legal minimum shall, be filled in the prescribedmanner by another officer.

An oath shall be administered to every member of a court-martial and to any person F210, other than an exempted person, in attendance on a court-martial as judge advocate, officer F211or other person under instruction, F212 or interpreter.

In subsection (1) above “exempted person” means any person appointed under section 30 of the M26Courts-Martial (Appeals) Act 1951 (assistants to Judge Advocate General) who is acting as judgeadvocate at the court-martial and was appointed so to act either by or on behalf of the Judge AdvocateGeneral or by the convening officer.

Unsworn evidence admitted by virtue of subsection (1B)(b) above may corroborate evidence (sworn or unsworn) given by any other person.

Unsworn evidence admitted by virtue of the proviso to subsection (2) above may corroborate evidence (sworn or unsworn) given by any other person.

An oath required to be administered under this section shall be in the prescribed form and shall beadministered at the prescribed time by the prescribed person and in the prescribed manner.

Subject to the provisions of this section, a court-martial shall sit in open court and in the presenceof the accused.

Nothing in the last foregoing subsection shall affect the power of a court-martial to sit in camera onthe ground that it is necessary or expedient in the interests of the administration of justice to do so;and without prejudice to that power a court-martial may order that, subject to any exceptions the court mayspecify, the public shall be excluded from all or any part of the proceedings of the court if it appearsto the court that any evidence to be given or statement to be made in the course of the proceedings or thatpart, as the case may be, might otherwise lead to the disclosure of any information which would or mightbe directly or indirectly useful to an enemy.

A court-martial shall sit in closed court while deliberating on their finding or sentence on any charge.

A court-martial may sit in closed court on any other deliberation amongst the members.

Where a court-martial sits in closed court no person shall be present except the members of the courtand such other persons as may be prescribed.

Where, whether before or after the commencement of the trial, it appears to the convening officernecessary or expedient in the interests of the administration of justice that a court-martial should bedissolved, the convening officer may by order dissolve the court-martial.

Without prejudice to the generality of the last foregoing subsection, if after the commencement of thetrial a court-martial is, by reason of the death of one of the members or for any other reason, reducedbelow the legal minimum, it shall be dissolved.

Without prejudice to the generality of subsection (1) of this section, if after the commencement of thetrial it is represented to the convening officer that owing to the sickness or other incapacity of theaccused it is impracticable having regard to all the circumstances to continue the trial within a reasonabletime, the convening officer may dissolve the court.

Where a court-martial is dissolved under the foregoing provisions of this section the accused may betried by another court.

Subject to the provisions of this section, every question to be determined on a trial by court-martialshall be determined by a majority of the votes of the members of the court.

In the case of an equality of votes on the finding, the court shall acquit the accused.

A finding of guilty where the only punishment which the court can award is death shall not have effectunless it is reached with the concurrence of all the members of the court; and where on such a finding beingcome to by a majority of the members there is no such concurrence, the court shall be dissolved and theaccused may be tried by another court.

Where the accused is found guilty and the court has power to sentence him either to death or to someless punishment, sentence of death shall not be passed without the concurrence of all the members of thecourt.

In the case of an equality of votes on the sentence, or on any question arising after the commencementof a trial, except the finding, the president shall have a second or casting vote.

Without prejudice to the provisions of section ninety-four of this Act, the finding of a court-martialon each charge shall be announced in open court.

Any finding of guilty shall be, and be announced as being, subject to confirmation.

Any sentence of a court-martial, together with any recommendation to mercy, shall be announced in opencourt, and a sentence of a court-martial shall be, and be announced as being, subject to confirmation.

An accused charged before a court-martial with an offence under this Act may, on failure of proof ofthe offence having been committed under circumstances involving a higher degree of punishment, be foundguilty of the offence as having been committed under circumstances involving a less degree of punishment.

An accused charged before a court-martial with any offence may be found guilty of attempting to committhat offence.

An accused charged before a court-martial with attempting to commit an offence may be convicted on thatcharge notwithstanding that it is proved that he actually committed the offence.

Where an accused is charged before a court-martial under section seventy of this Act in respect ofattempting to commit a civil offence, he may be convicted on that charge notwithstanding that it is provedthat he actually committed the civil offence.

Where an accused is charged before a court-martial with an offence against section seventy of this Act,and the corresponding civil offence is one in proceedings for which, if he had been tried by a civil courtfor committing the offence in England, he might have been found guilty of another civil offence, then ifthe court finds that he has committed that other civil offence he may be convicted of an offence againstsection seventy of this Act in respect of the commission of that other civil offence.

An accused charged before a court-martial with an offence specified in the first column of the ThirdSchedule to this Act may be found guildy of an offence specified in relation thereto in the second columnof that schedule.

The rules as to the admissibility of evidence to be observed in proceedings before courts-martial shall F217, subject to section 99A below F218to Schedule 13 to the Criminal Justice Act 1988 (evidence before courts-martial etc.)F219and to service modifications, be the same as those observed in civil courts in England, and no person shall be required inproceedings before a court-martial to answer any question or to produce any document which he could not berequired to answer or produce in similar proceedings before a civil court in England.

In this section “service modifications” means such modifications as the Secretary ofState may by regulations made by statutory instrument prescribe, being modifications which appear to himto be necessary or proper for the purposes of proceedings before a court-martial; and it is hereby declaredthat in this section—

“rules” includes rules contained in or made by virtue of an enactment; and

“enactment” includes an enactment contained in an Act passed after this Act.

Regulations under subsection (1A) above may not modify section 99A below.

Regulations under subsection (1A) above shall be subject to annulment in pursuance of a resolution ofeither House of Parliament.

A court-martial shall take judicial notice of all matters of notoriety, including all matters withinthe general service knowledge of the court, and of all other matters of which judicial notice would be takenin a civil court in England.

F223Without prejudice to section 99 above, section 9 of the M27Criminal Justice Act 1967 (proof by written statement) shall applysubject to subsection (2) below and to service modifications, for the purposes of proceedings beforecourts-martial (whether held in the United Kingdom or not) as it applies to proceedings on indictment.

Regulations under subsection (3)(b) above shall be subject to annulment in pursuance of a resolutionof either House of Parliament.

Section 89 of the said Act of 1967 (punishment of making false statements tendered under section 9)shall apply to any statement rendered admissible by this section.

A person who may be permitted under this section to make his solemn affirmation may also be requiredto do so, and for the purposes of this section “reasonably practicable” means reasonably practicable without inconvenience or delay.

Subject to the provisions of this section, the Secretary of State may make rules (hereinafter referredto as Rules of Procedure) with respect to the investigation and trial of, and awarding of punishment for,offences cognizable by courts-martial, commanding officers and appropriate superior authorities and withrespect to the confirmation and revision of findings and sentences of courts-martial.

Rules made by virtue of paragraph (j) of the last foregoing subsection shall secure that the power toamend charges shall not be exercisable in circumstances substantially different from those in whichindictments 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, and shall not beexercisable by a court-martial (otherwise than for the purpose only of correcting a mistake in the name ordescription of the accused or a clerical error or omission) unless there is a judge advocate present at thetrial.

Rules of Procedure shall not make provision with respect to the carrying out of sentences passed bycourts-martial or of other punishments awarded under this Part of this Act.

A Rule of Procedure which is inconsistent with the provisions of this Act shall to the extent of theinconsistency be void.

Rules of Procedure may make provision as to the exercise by a judge advocate of his functions at a trialby court-martial.

In the last foregoing subsection references to questions of law include references to questions as tothe joinder of charges and as to the trial of persons jointly or separately.

Rules of Procedure may be made for determining the cases in which and the extent to which courts-martialmay, in sentencing an accused for any offence of which he is convicted, at the request of the accused takeinto consideration other offences against this Act committed by him.

Where Rules of Procedure make such provision as aforesaid, they may also make provision for conferringon the court taking one or more offences into consideration power to direct the making of such deductionsfrom the offender’s pay as the court would have had power to direct if he had been found guilty of theoffence or offences taken into consideration as well as of the offence of which he was in fact found guilty.

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.

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.

Subject to subsection (7) below, the officer convening the field general court-martial shall not be a member of the court-martial.

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.

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.

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.

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.

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.

The president of a field general court-martial shall not be below the rank of captain.

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.

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.

The Secretary of State may by statutory instrument make rules with respect to field general courts-martial.

Where a court-martial finds the accused guilty on any charge, the record of the proceedings of thecourt-martial shall be transmitted to a confirming officer for confirmation of the finding and sentence ofthe court on that charge.

A finding of guilty or sentence of a court-martial shall not be treated as a finding or sentence of thecourt until confirmed:

Any such direction shall be accompanied by the necessary directions for the re-assembly of the court,and shall contain a statement of the reasons for the direction.

On any revision of a finding the court shall reconsider the finding, and (unless the court adheresthereto) may substitute therefor either a finding of not guilty or any other finding to which the courtcould originally have come at the trial in lieu of the finding under revision.

On any such revision the court shall not have power to receive further evidence.

Where on any such revision the court either adheres to the original finding or substitutes therefor afinding of guilty of another offence, or of the same offence in different circumstances, the court maysubstitute a different sentence for the original sentence:

The power conferred by subsection (5) above (as limited by the proviso to that subsection) shall alsobe exercisable by a court-martial notwithstanding that it substitutes a finding of not guilty for thefinding, or each of the findings, to which a direction under this section relates if the original findingsof the court included one or more findings of guilty to which the direction does not relate.

The confirming officer shall not have power to direct the revision of any substituted finding come toby the court on a previous direction of the confirming officer, or the revision of the original finding ifadhered to by the court on such a previous direction; but save as aforesaid this Act shall apply to theproceedings of the court on any such revision as it applies to their deliberations on the original findingor sentence, and any substituted finding or sentence shall be treated for all purposes as an originalfinding or sentence of the court: