Part IIU.K. Trial and punishment of offences

Proceedings of courts-martialU.K.

58 General Orders as to procedure of courts-martial. F5U.K.

(1)Subject to the provisions of this section, [F1the Secretary of State] may make General Orders for regulating the procedure and practice of courts-martial under this Act.

(2)Without prejudice to the generality of the foregoing subsection, provision may be made by such General Orders—

(a)for authorising the receipt of evidence by statutory declaration and other documentary evidence in proceedings before courts-martial, subject to such conditions and restrictions as may be prescribed by the Orders;

[F2(aa)for determining the cases in which and the extent to which courts-martial may, in sentencing an accused for any offence of which he is convicted, at the request of the accused take into consideration other offences against this Act committed by him [F3and for conferring on the court taking one or more offences into consideration power to direct the making of such deductions from the offender’s pay as the court would have had power to direct if he had been found guilty of the offence or offences taken into consideration as well as the offence of which he was in fact found guilty;]]

(b)for authorising the judge advocate appointed for the purposes of a court-martial to hear submissions and evidence, in the absence of the members of the court, on such matters as may be prescribed by the Orders, and for applying to the judge advocate, in respect of such proceedings, any enactment relating to such a court;

(c)for prescribing anything which is authorised or required by this Part of this Act to be prescribed by such Orders.

(3)General Orders under this section may direct that the powers conferred by section seven of the M1Bankers’ Books Evidence Act 1879 (which enables orders to be made for the inspection of bankers’ books for the purposes of legal proceedings) may be exercised for the purposes of a court-martial (whether within or without the United Kingdom) by the authority by whom the court-martial is ordered, as well as by the court or a judge within the meaning of that Act.

[F4(4)The power to make General Orders under this section shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

(5)General Orders under this section shall be of no effect so far as inconsistent with any provision of this Act.

Textual Amendments applied to the whole legislation

F5Act repealed (prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17 and the repeal being partly in force, as to which see individual provisions