A person guilty of an offence against this section shall be F2liable to imprisonment or any less punishment authorised by this Act

A person guilty of an offence against this section shall be F3liable to imprisonment or any less punishment authorised by this Act

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

A person subject to this Act shall be guilty of an offence against this section if, knowingly and without lawful excuse, he gives any false air signal, or alters or interferes with any air signal or any apparatus for giving an air signal.

A person guilty of an offence against this section shall be F4liable to imprisonment or any less punishment authorised by this Act

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

Every person subject to this Act who takes part in a mutiny F10. . ., or incites any other person subject to service law to take part in such a mutiny, whether actual or intended, shall be liable to imprisonment . . . F11 or any less punishment authorised by this Act.

Any person subject to this Act who, when requested to do so by a drug testing officer, fails to provide a sample of his urine for F17the purpose of ascertaining whether, or to what extent, he has, or has had, drugs in his body shall,F18. . . , be liable to imprisonment for a term not exceeding six months or any less punishment provided by this Act.

Every person subject to this Act who contravenes or fails to comply with any provision of orders to which this section applies, being a provision known to him or which he might reasonably be expected to know, shall be liable to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.

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

Every person subject to this Act who deserts shall be liable to imprisonment . . . F29 or any less punishment authorised by this Act.

A person convicted of desertion shall, except so far as the court or officer by whom he is tried or F30the Defence Council may otherwise direct, forfeit all pay, bounty, salvage and allowances earned by him, all annuities, pensions and gratuities granted to him, and all clothes and effects left by him on board his ship or at his place of duty.

. . . F31

. . . F34

A person is guilty of malingering within the meaning of this section if he falsely pretends to be suffering from sickness or disability, if he injures himself with intent thereby to render himself unfit for service, or causes himself to be injured by any person with that intent, F50if he injures another person subject to service law at the instance of that other person and with intent thereby to render that other person unfit for service or if, with intent to render or keep himself unfit for service, he does or fails to do anything (whether at the time of the act or omission he is in hospital or not) whereby he produces, or prolongs or aggravates, any sickness or disability; and for the purposes of this subsection the expression “unfit” includes temporarily unfit.

Every person subject to this Act who malingers shall be liable to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.

A person is drunk within the meaning of this section if owing to the influence of alcohol or any drug, whether alone or in combination with any other circumstances, he is unfit to be entrusted with his duty or with any duty which he might F51reasonably expect to be called upon to perform, or behaves in a disorderly manner or in a manner likely to bring discredit on Her Majesty’s service.

Every person subject to this Act who is drunk, whether on duty or not, shall be liable to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.

It shall be a defence for a person charged with an offence under subsection (2) of this section in respect of any conduct likely to have a particular effect that, in the circumstances, his conduct was in all 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 effective either for all purposes or for a particular purpose for which it has been designed, adapted, adjusted or programmed.

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

Every person subject to this Act who wilfully allows to escape any person who is committed to his charge, or whom it is his duty to guard, shall be liable to imprisonment or any less punishment authorised by this Act.

Every person subject to this Act who, being concerned in any quarrel or disorder, refuses to obey any officer who orders him into arrest, or . . . F59 uses violence to, or offers violence to, any such officer, shall be guilty of an offence against this section whether or not the officer is his superior officer.

Every person subject to this Act who . . . F59 uses violence to, or offers violence to, any person, whether subject to this Act or not, whose duty it is to apprehend him or in whose custody he is shall be guilty of an offence against this section.

Every person guilty of an offence against this section shall be liable to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.

Every person subject to this Act 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 matter upon which information would or might be useful to an enemy shall be liable to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.

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

In this section “document” means anything in which information of any description is recorded.

References in subsection (1) of this section to a court-martial shall include references to a court-martial held in pursuance of the M4Army Act 1955, or the M5Air Force Act 1955, or the law of any colony F69. . . .

If the offender has attained seventeen years of age but is under twenty-one years of age, F73subsection (3) above shall have effect in relation to him as if the power to impose a sentence of imprisonment were a power to make an order under section 43AA below.

In subsection (3B)(b) above “special member” and “ordinary member” have the same meaning as in the Reserve Forces Act 1996.

References in paragraphs (a) to (f) of subsection (1) of this section to a court-martial include references to the summary appeal court, the court established by section 83ZA of the Army Act 1955 or the court established by section 83ZA of the Air Force Act 1955 and, in relation to an offence committed in relation to the summary appeal court, subsection (3) of this section shall have effect as if the reference to a court-martial were a reference to the summary appeal court.

Any person subject to this Act who aids, abets, counsels or procures the commission by another person of an offence against any of the foregoing provisions of this Act or who incites another person to commit any such offence, shall himself be guilty of the offence in 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 35 of this Act whether or not he knows the nature of the document in question.

Where the corresponding civil offence is one to which F90section 109, 110 or 111 of the Powers of Criminal Courts (Sentencing) Act 2000 would apply, the court-martial shall impose the sentence required by subsection (2) of that section unless it is of the opinion that there are exceptional circumstances which justify its not doing so.

A person subject to this Act may be charged with an offence under this section notwithstanding that he could on the same facts be charged with an offence under any other provision of this Part of this Act.

For the purpose of determining under this section whether an attempt to commit an offence is a civil offence, subsection (4) of section 1 of the M6Criminal Attempts Act 1981 (which relates to 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 “civil offence consisting of an act punishable by the law of England and Wales as an indictable offence or an act which, if committed in England or Wales, would be so punishable by that law”.

A person under21 years of age shall not be sentenced to imprisonment.

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.

. . . F110

A person convicted of murder F111or any other offence the sentence for which is fixed by law as life imprisonment who was under 18 years of age when the offence was committed shall not be sentenced to imprisonment for life, F112. . .; 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 custody 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 authorised by this Act involving the same degree of punishment as a sentence of imprisonment; and section 43(3) and (4) above shall apply to such a sentence of detention and 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 43(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 F124 it is satisfied as mentioned in sub-paragraphs (i) and (ii) of subsection (1E) of section 43A 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 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.

F130Sections 16 and 17 of the Crime (Sentences) Act 1997 (as modified by section 19 of that Act) (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 F131a sentence of detention in a young offender institution.

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

This section does not apply to offenders who are civilians (as regards whom similar provision is made by paragraph 10 of Schedule 4A 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 committal order.

Subject to subsections (4) and (5) below, the Table in F139section 139(4) of the Powers of Criminal Courts (Sentencing) Act 2000 (maximum periods of imprisonment for default in payment of fines etc.), as from time to time amended under section 143 of the Magistrates’ Courts Act M71980, shall have effect for the purpose of determining the maximum periods of further imprisonment or detention that may be specified under subsection (1) above for 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 under subsection (1) above shall cease to have effect, and the person subject to it shall be released unless he is in custody for some other cause.

Where part of the said amount is paid or recovered in such manner as may be prescribed by regulations of the Defence Council, the period of the further term of imprisonment F140or detention specified under subsection (1) above shall be reduced by such number of days as bears to the total number of days in that period less one day the same proportion as the amount so paid or recovered bears to the amount of the said fine.

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

An order imposing a term of detention under this section shall be given effect as if it were a custodial order under section 43AA above.

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

It shall be the duty of every person subject to this Act who knows or has reasonable grounds for suspecting that any other person subject thereto is committing or has committed an offence under any provision of Part I of this Act, to take all reasonable steps within his power to cause that person to be brought to justice.

Any power of arrest under this section may be exercised either personally or by ordering into arrest the person to be arrested or by giving orders for that person’s arrest.

A service policeman may arrest a person whom he reasonably suspects of being about to commit an offence under any provision of Part 1 of this Act.

Subsection (7) of section 45 of this Act applies in relation to the power of arrest conferred by this section as it applies in relation to the power of arrest conferred by that section.

In any proceedings for an offence of desertion, absence without leave or improperly leaving his ship . . . F145 against a person who on arrest or surrender has been brought before a court of summary jurisdiction in accordance with the provisions of Part III of this Act, a certificate purporting to be signed by a justice of the peace F146or (in Northern Ireland) resident magistrate containing a statement of the fact, date, time and place of arrest or surrender, and whhe person charged was wearing the uniform of any of Her Majesty’s naval forces at the time of arrest og such particulars as to the proceedings before the court as may be prescribed by regulations made by F147the Defence Council by statutory instrument, shall be evidence of the matter therein contained.

In this section “provost officer” includes a corresponding officer of any of the forces of a Commonwealth country, or of a force raised under the law of any colony.

A person arrested under section 45 of this Act shall not be kept in naval custody without being charged except in accordance with sections 47B to 47D of this Act.

A person who appears to his commanding officer to have been unlawfully at large when he was arrested is not to be released under subsection (2) above.

For the purposes of this section and sections 47B to 47L of this Act a person is to be treated as charged with an offence when he is informed in accordance with regulations of the Defence Council that a charge is to be reported to his commanding officer under section 52B(1) of this Act.

A person shall not be kept in naval custody later than 48 hours after the relevant time without being charged except in accordance with section 47D of this Act.

In this Act “the relevant time” in relation to a person arrested under section 45 of this Act means the time of the arrest.

The commanding officer of a person kept in naval custody in accordance with section 47B of this Act shall, subject to subsection (3) below, review the keeping of that person in naval custody not later than the end of the period for which it is authorised.

Subsections (4) and (5) of section 47B 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 45 of this Act, a judicial officer is satisfied that there are reasonable grounds for believing that the continued keeping of that person in naval custody is justified, the judicial officer may by order authorise the keeping of that person in naval custody.

The person to whom the application relates may be kept in naval 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 naval 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 naval 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 naval 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 47B to 47D of this Act to a period of time is to be treated as approximate only.

Where a person subject to this Act (“the accused”) is kept in naval custody after being charged with an offence under any provision of Part I 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 naval custody shall be such period, ending (subject to section 47H(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 naval 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 naval custody is authorised by an order under section 47G(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 47G 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 naval 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 naval 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 naval custody under an order under section 47G(2) of this Act at any time after the commencement of his trial by court-martial, section 47H of this Act (and section 47G 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 47G(3)(d) does not apply in the case of an accused who is awaiting sentence.

An order under section 47G(2) does not authorise the keeping of the accused in naval 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 47G(1) of this Act or on a review under section 47H(1) of this Act, the judicial officer or judge advocate (as the case may be) does not authorise keeping the accused in naval 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 to imprisonment for a term not exceeding two years or any less punishment authorised by this Act.

Any such offence shall be treated as if it were an offence under Part I of 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 naval custody is justified, may direct the arrest of the accused; and any person with power to arrest the accused for an offence under Part I 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 F161Judge Advocate of Her Majesty’s Fleet .

In subsection (2)(c), “relevant judicial appointment”, in relation to a Commonwealth country or colony, means an appointment by virtue of which he is capable of exercising, in criminal proceedings in that country or colony, functions similar to the functions exercisable, in criminal proceedings in England and Wales, by a judge of the Supreme Court, a Circuit judge or a District Judge (Magistrates’ Courts).

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

Subject to the provisions of this section, any offence under Part I of this Act may be tried and punished by court-martial; and a court-martial shall have jurisdiction to try any such offence whether committed within the United Kingdom or elsewhere.

A person shall not be tried by court-martial by virtue of section forty-two of this Act for a civil offence of treason, murder, manslaughter, treason-felony F167. . . F168or an offence under section 1 of the Geneva Conventions Act 1957. . . F169or an offence under section 1 of the M9Biological Weapons Act 1974F170or an offence under section 2 or 11 of the Chemical Weapons Act 1996F171or an offence under section 51 or 52 of the International Criminal Court Act 2001committed on shore within the United Kingdom; and for the purposes of this subsection an offence of murder or manslaughter F172, or an offence under section 1 of the Geneva Conventions Act 1957 or section 51 of the International Criminal Court Act 2001 consisting of the killing of a person,. . .shall be deemed to have been committed at the place of the commission of the act or the occurrence of the neglect which caused the death, irrespective of the place of the death. F173In this subsection the references to murder shall apply also to aiding, abetting, counselling or procuring suicide.

Except as provided by subsection (3) of section thirty-eight of this Act, a person who commits an offence under that section in relation to a court-martial shall not be dealt with by that court for that offence.

Subject to the provisions of . . . F176 the next following section, a person who has ceased to be subject to this Act may be tried under this Part of this Act for any offence committed while subject to this Act, and may for that purpose be arrested and kept in custody, as if he had not ceased to be subject thereto.

. . . F177

Where by virtue of any enactment proceedings on indictment for any civil offence must be brought within a limited period, a person shall not be tried for that offence under section 42 of this Act unless the trial is begun within that period.

Without prejudice to the foregoing subsection, but subject to the provisions of subsection (3) of this section, a person shall not be tried by virtue of section fifty-one of this Act for an offence committed while subject to this Act unless the trial is begun within three months F179or, in the case of trial by court-martial, six months after he ceased to be subject thereto.

F181Subsection (2) above shall not apply to an offence of mutiny or desertion; F181or, without prejudice to subsection (1) above, to a civil offence punishable under section 42 of this Act where the civil offence is alleged to have been committed outside the United Kingdom and the Attorney General consents to the trial.

An allegation that a person subject to this Act (“the accused”) has committed an offence against any provision of this Act shall be reported, in the form of a charge, to his commanding officer.

A commanding officer shall investigate a charge reported to him under subsection (1) above.

If, in the course of investigating a charge, the commanding officer considers it appropriate to do so, he may amend the charge or substitute another charge for it and treat the amended or substituted charge as if that charge had been reported to him under subsection (1) above.

If, in the course of investigating a charge, it appears to the commanding officer that proceedings in respect of the matters to which the charge relates could be, and in the interests of the better administration of justice should be, taken against the accused otherwise than under this Act he may stay further proceedings with respect to the charge.

The commanding officer may not try summarily any charge which is not capable of being tried summarily.

For the purposes of subsection (6A) above, the holding by any person of any acting rank other than that of commodore is to be disregarded; and in this subsection “acting rank” means rank of any description (however called) such that under Queen’s Regulations a commanding officer has power to order the holder to revert from that rank.

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 rating and is capable of being tried summarily, the higher authority may, subject to subsection (4) below, refer it back to the commanding officer of the accused to be so tried.

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 to be tried summarily.

F190. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

This section applies where a charge is to be tried summarily.

If the charge is against an officer, the appropriate superior authority shall afford the accused the opportunity of electing court-martial trial.

Where in accordance with regulations under section 52F of this Act two or more charges are together to be tried summarily, any election for court-martial trial must relate to all the charges concerned.

If the accused F195elects court-martial trial and does not withdraw his election with leave, the commanding officer F196or appropriate superior authority shall refer the charge to higher authority with a view to the trial of the accused by court-martial.

Subsections (2) and (2ZA) above do 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 commanding officer or appropriate superior authority under subsection (4) above.

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.

Where under subsection (4B) above a charge is amended or one charge is substituted for another, subsection (2) or (2ZA) above applies in relation to the amended or substituted charge.

If, in the course of trying the charge, the commanding officer F199or appropriate superior authority considers that it should not be tried summarily, he may refer the charge to higher authority.

If the commanding officer F199or appropriate superior authority determines that the charge has not been proved, he shall acquit the accused.

If the commanding officer F199or appropriate superior authority determines that the charge has been proved, he shall record a finding of guilt and award punishment accordingly.

A commanding officer F199or appropriate superior authority shall not have power on a summary trial to award a sentence of dismissal with disgrace from Her Majesty’s service, a sentence of imprisonment or a sentence of detention for any term exceeding three months.

Nothing in this section or section 52C of this Act shall be taken to prevent an officer from acting as both higher authority and appropriate superior authority in relation to a charge.

In this Act “the commanding officer”, in relation to a person charged with F202, or in custody in connection with, an offence, means the officer in command of the ship or naval establishment to which he belongs at the time of the commission of the offence F203, while he is in custody in connection with it or at the time of its investigation or summary trial.

An officer to whom any powers are delegated by virtue of subsection (2)(b) above shall not have power to award any punishment other than a fine, stoppages or those described in section 43(1)(m) of this Act.

Subsection (2)(b) above is without prejudice to section 47F(1)(a) of this Act.

The reference in subsection (3) above to stoppages does not include a reference to stoppages for personal injury.

The appropriate superior authority in relation to a person charged with an offence shall be appointed by the higher authority.

For the purposes of subsection (1) above, the holding by any person of any acting rank other than that of commodore is to be disregarded; and in this subsection “acting rank” means rank of any description (however called) such that under Queen’s Regulations a commanding officer has power to order the holder to revert from that rank.

The Defence Council may make regulations with respect to the investigation of charges by commanding officers and summary trial.

A regulation under this section which is inconsistent with the provisions of this Act shall to the extent of the inconsistency be void.

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 on summary trial.

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 52FP of this Act.

Judge advocates in relation to the summary appeal court shall be appointed by the F216Judge Advocate of Her Majesty’s Fleet .

No person shall be appointed under this section unless he is qualified under section 53B(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 naval officer of or above the rank of lieutenant who 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 periods amounting in the aggregate to not less than three years.

Subject to subsection (3) below, rules under section 52FP of this Act may specify circumstances in which any other naval officer or a military 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 52FP of this Act F220or section 20 of the Armed Forces Act 2001 (eligibility of warrant officers to be members of summary appeal courts) .

The judge advocate for any appeal shall be specified by or on behalf of the F221Judge Advocate of Her Majesty’s Fleet .

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

In specifying members of the court under subsection (4) above the person doing so shall ensure that at least one member of the court for any appeal is of or above the rank of commander.

At any sitting of the court, the most senior member of the court at that sitting shall preside.

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 52FK of this Act against a finding shall be by way of a rehearing of the charge.

An appeal under section 52FK 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 52FP 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 summary trial of the charge.

Any finding substituted or sentence awarded by the court shall be treated for all purposes as having been awarded or made by the officer who conducted the summary trial.

Subject to section 52FL(5) of this Act, any decision of the summary appeal court when constituted as mentioned in section 52FJ(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 of Her naval forces to be the prosecuting authority for the Royal Navy; 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.

If the case has been referred to him as a result of an election for court-martial trial, and that election is withdrawn with leave, the prosecuting authority shall refer the case to the commanding officer of the accused for the preliminary charge to be tried summarily.

In subsection (2) above “the preliminary charge” means the charge which would have been tried summarily had the accused not elected court-martial trial.

If the prosecuting authority considers that court-martial proceedings under this Act should be instituted, he shall determine any charge to be preferred and F234(subject to section 52II of this Act) prefer any such charge.

The prosecuting authority shall, in accordance with rules under section 58 of this Act, notify the commanding officer of the accused and a court administration officer of any charge preferred; 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 (7)(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 (7)(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 (7)(b) above, he may, in accordance with rules under section 58 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 (5) above shall apply with such exceptions and modifications as may be prescribed.

The prosecuting authority may not exercise the power mentioned in subsection (7)(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, 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 (12) above.

Where a charge is referred to a commanding officer under subsection (1) F239or (2A) above, the commanding officer shall deal with the charge as if it had been reported to him under section 52B(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.

In this Act “the judge advocate”, in relation to a court-martial, means the judge advocate appointed by or on behalf of the F246Judge Advocate of Her Majesty’s Fleet 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, a court administration officer shall order a court-martial.

At any time before the commencement of the trial, the court administration officer may, in accordance with rules under section 58 of this Act, amend or withdraw the order assembling the court-martial.

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

The president of a court-martial shall not be below the rank of captain, and in the case of a court-martial for the trial of an officer of flag rank shall be an officer of flag rank.

The officers and warrant officers appointed members of a court-martial shall not all belong to the same ship or naval establishment.

A court-martial shall be held on board such of Her Majesty’s ships or vessels, or at such premises on shore, whether within or out of the United Kingdom, as may be F254specified in the order assembling the court.

A court-martial may, if it appears to the court to be expedient in the interests of justice, be adjourned, either generally or for the purpose of any part of the proceedings, to any other ship, vessel or place F255. . ..

Without prejudice to the provisions of the last foregoing subsection, a court-martial may, if it appears to the court that an adjournment is desirable for any reason, be adjourned for such period as the court thinks fit:

Subject to the provisions of this section, a court-martial shall, unless prevented by weather or other unavoidable cause, sit from day to day (with the exception of Sundays) until the court has arrived at a finding and, in the case of a conviction, until sentence is pronounced.

Where, before the commencement of the trial, it appears to the court administration officer necessary or expedient in the interests of the administration of justice that a court-martial be dissolved, he may by order dissolve the court-martial.

Where, after the commencement of the trial, it appears to the judge advocate necessary or expedient in the interests of the administration of justice that a court-martial be dissolved, he may by order dissolve the court-martial.

If after the commencement of the trial the president dies or is otherwise unable to attend, the court-martial shall be dissolved.

Where a court-martial is dissolved the accused may be tried by another court.

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

The proceedings of a court-martial shall be valid notwithstanding the absence of one or more of the F260officers other than the president, so long as the number of F260officers present throughout the proceedings is not reduced below four:

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

Rules made by virtue of paragraph (j) of subsection (2) above shall secure that the power to amend charges is not exercisable in circumstances substantially different from those in which indictments 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.

Rules under this section may make provision as to the application of sections 52I and 52II of this Act in relation to cases where an election for court-martial trial relates to two or more charges.

Rules under this section which are inconsistent with the provisions of this Act shall to the extent of the inconsistency be void.

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

Subsections (2) to (4) apply in relation to a charge against a person (“the accused”) preferred by the prosecuting authority.

The accused shall be arraigned at a hearing before a judge advocate.

That hearing may take place at any time before the time when the court-martial that is to try the charge first sits.

The arraignment is to be treated as having occurred before the court-martial.

Nothing in this section applies in relation to a charge preferred or substituted after the time when the court-martial first sits.

Before the F266officers appointed members of a court-martial F267, and any warrant officers so appointed, are sworn, the names of the F268members of the court shall be read over in the presence of the accused, and he shall be asked whether he objects to F268any of those members.

Every objection made by the accused in respect of any F269membershall be F270determined by the judge advocate.

If an objection to the president is allowed, the court shall be dissolved.

If F272an objection to any other officer appointed a member of the court F273or to any warrant officer so appointed is allowed, the member objected to shall retire, and the vacancy shall be filled by the first officer F274or warrant officerF275appointed as a spare member in accordance with the provisions of F276section 53C of this Act who is qualified to be and is not already a member of the court.

If an objection to the judge advocate is allowed, the judge advocate shall retire and another judge advocate shall be appointed by or on behalf of the F278Judge Advocate of Her Majesty’s Fleet .

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

After the F279officers appointed members of a court-martial F280, and any warrant officers so appointed, have been duly sworn, no question as to the constitution of the court shall be raised in the proceedings, but without prejudice to any power of the Courts-Martial Appeal Court or of F281the F282reviewing authority in a case in which it appears that a substantial miscarriage of justice has occurred by reason of the court not having been duly constituted.

An oath shall be administered separately to each member of a court-martial, to the clerk of the court and any officer or other person in attendance for instruction, and to any person appointed to attend as interpreter.

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

Unsworn evidence admitted by virtue of subsection (3) above may corroborate evidence (sworn or unsworn) given by any other person.

An oath or affirmation required to be administered under this section shall be in such form, and shall be administered at such time, by such person and in such manner, as may be prescribed by F288rules under section fifty-eight of this Act.

A person who may be permitted under this section to make his solemn affirmation may also be required to 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 and to any provisions of General Orders under section fifty-eight of this Act with respect to the deliberations of the court upon their finding and sentence or upon other matters specified in those Orders, a court-martial shall sit in open court and in the presence of the accused.

It is hereby declared that a court-martial has the like power to order the exclusion of the public from its proceedings as a civil court; and without prejudice to any such power, a court-martial may order that, subject to such exceptions, if any, as the court may specify, the public shall be excluded from all or any part of the proceedings of the court if it appears to the court that any evidence to be given or statement made in the course of the proceedings or of that part of the proceedings, as the case may be, might otherwise lead to the disclosure of any information which would or might be directly or indirectly useful to an enemy.

A court-martial shall sit in closed court while deliberating on their finding and 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 court and such other persons as may be prescribed by rules under section 58 of this Act.

The judge advocate shall not be present while the other members of the court are deliberating on their finding on any charge.

Any ruling or direction of the judge advocate on a question of law (including a question of procedure or practice) shall be given in open court.

The judge advocate may determine, and give rulings on, questions of law (including questions of procedure and practice) in the absence of the other members of the court.

Subject to the provisions of this section, F291the finding of a court-martial and any sentence awarded shall be determined by a majority of the votes of the members of the court.

The judge advocate shall not be entitled to vote on the finding.

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

Without prejudice to the provisions of section sixty-one of this Act, the finding of a court-martial on each charge, and any sentence of the court, together with any recommendation to mercy F293and any reasons for the sentence, shall be announced in open court.

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

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

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 officer who would have tried the preliminary charge summarily if the election had not been made.

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

Where regulations under section 52F of this Act would have prevented a punishment of a particular description awarded by the officer from taking effect without the approval of another person, it shall be assumed for the purposes of subsection (1) above that the approval would have been obtained.

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 52II of this Act.

For the purposes of the provisions of sections 62A, 63, 63C and 63D of this Act which permit a court to act on the written evidence of a registered medical practitioner or a registered medical practitioner who is duly approved, a report in writing purporting to be signed by a registered medical practitioner or a registered medical practitioner who is duly approved may, subject to subsection (3) below, be received in evidence without proof of the signature of the practitioner and without proof that he has the requisite qualifications or is duly approved; but the court may require the signatory of any such report to be called to give oral evidence.

The power of the Secretary of State to make regulations under sections 63A, 63B, 63C and 63D above, and orders under section 63D(2) above, shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

This section applies where on a trial by court-martial of a person the question arises (at the instance of the defence or otherwise) whether the accused is fit to stand trial.

For the purposes of this Act a person is unfit to stand trial if he is under a disability such that apart from the Criminal Procedure (Insanity) Act 1964 it would constitute a bar to his being tried on indictment in England and Wales.

If, having regard to the nature of the supposed disability, the judge advocate is of opinion that it is expedient to do so and in the interests of the accused, he may postpone consideration of the question of fitness to stand trial until any time up to the opening of the case for the defence.

If, before the question of fitness to stand trial falls to be determined, the court finds the accused not guilty on the charge or each of the charges on which he is being tried, that question shall not be determined.

Subject to subsections (3) and (4) above, the question of fitness to stand trial shall be determined as soon as it arises.

The question of fitness to stand trial shall be determined by the judge advocate sitting alone.

A judge advocate shall not make a determination under subsection (6) above except on the written or oral evidence of two or more registered medical practitioners at least one of whom is duly approved.

This section applies where in accordance with section 62A(6) above it is determined by a judge advocate that the accused is unfit to stand trial.

If as respects that charge or any of those charges the court is satisfied as mentioned in subsection (2) above, it shall make a finding that the accused did the act or made the omission charged against him.

If as respects that charge or any of those charges the court is not so satisfied, the court shall find the accused not guilty as if on the charge in question the trial had proceeded to a conclusion.

Where the question of fitness to stand trial was determined after arraignment of the accused, the determination under subsection (2) above shall be made by the court-martial by whom he was being tried.

Where, on the trial of a person by court-martial, the court is satisfied, as respects the charge or any of the charges on which he is being tried, that the accused did the act or made the omission charged against him as the offence but that at the time of that act or omission he was insane, the court shall find that the accused was not guilty of that offence by reason of insanity.

No finding under subsection (1) above shall be made except on the written or oral evidence of two or more registered medical practitioners at least one of whom is duly approved.

The functions of the court under this section shall be exercised by the judge advocate (or, where subsection (5) below applies, the judicial officer) sitting alone, and sections 56A(3) and 57 above shall not apply.

In this Act—

The Secretary of State may by regulations make provision with respect to the admission to, detention in, and release from, hospital of any person in respect of whom an order is made under the 1983 Act by virtue of this Act.

Regulations under this subsection may in particular make provision for a person in respect of whom such an order has been made to be conveyed to, and detained in, a place of safety pending his admission to hospital.