Modifications etc. (not altering text)
C1Part II extended by Reserve Forces Act 1980 (c. 9), s. 142
C2Part II applied (1.6.1996 subject to art. 3 of the commencing S.I.) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 18(9)(a), 20(10)(a); S.I. 1996/1173, art. 2
Textual Amendments
Valid from 02/10/2000
(1)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.
(2)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.
(3)In section 75F(2), after paragraph (d) there shall be inserted— “;or
(e)the accused’s case has been adjourned for inquiries or a report and it appears to the judicial officer that it would be impracticable to complete the inquiries or make the report without keeping the accused in military custody. "
(4)Section 75F(3)(d) does not apply in the case of an accused who is awaiting sentence.
(5)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.
(6)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.]
Textual Amendments
F2S. 75H inserted (2.10.2000) by 2000 c. 4, s. 4(1); S.I. 2000/2366, art. 2
Textual Amendments applied to the whole legislation
F3Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2