Armed Forces Act 2006

Naval Discipline Act 1957 (c. 53) U.K.

Yn ddilys o 01/01/2008

26 U.K. In section 47M of the Naval Discipline Act 1957 (judicial officers), for “Judge Advocate of Her Majesty's Fleet”, in both places, substitute “ Judge Advocate General ”.

Yn ddilys o 01/01/2008

27 U.K. In section 52C(4) of that Act (powers of higher authority), for “of the accused” substitute “ or appropriate superior authority ”.

28 (1) Section 52D of that Act (summary trial) is amended as follows. U.K.

(2) For subsections (2) and (2ZA) substitute—

“(2) The commanding officer or appropriate superior authority (as the case may be) shall afford the accused the opportunity of electing court-martial trial.”

(3) In subsection (4) for paragraph (b) substitute—

“(b) if the accused is an officer below the rank of captain whose commanding officer satisfies the conditions in section 52B(6A)(a) and (b), refer the charge back to the commanding officer of the accused;

(c) if the accused is an officer other than one within paragraph (b) above, refer the charge back to the appropriate superior authority;”.

(4) In subsection (4A) for “Subsections (2) and (2ZA) above do not” substitute “ Subsection (2) above does not ”.

(5) In subsection (4C) for “subsection (2) or (2ZA) above” substitute “ subsection (2) above ”.

Commencement Information

I1 Sch. 16 para. 28 in force at 4.6.2007 by S.I. 2007/1442, art. 2(1)

Yn ddilys o 01/01/2008

29 U.K. In section 52FG(1) of that Act (judge advocates of the summary appeal court), for “Judge Advocate of Her Majesty's Fleet” substitute “ Judge Advocate General ”.

Yn ddilys o 01/01/2008

30 U.K. In section 52FJ(3) of that Act (constitution of summary appeal court), for “Judge Advocate of Her Majesty's Fleet” substitute “ Judge Advocate General ”.

Yn ddilys o 01/01/2008

31 U.K. In section 53B(1) of that Act (judge advocate of a court-martial), for “Judge Advocate of Her Majesty's Fleet” substitute “ Judge Advocate General ”.

Yn ddilys o 01/01/2008

32 U.K. In section 53C(2) of that Act (ordering of courts martial), for “Judge Advocate of Her Majesty's Fleet” substitute “ Judge Advocate General ”.

Yn ddilys o 01/01/2008

33 (1) Section 58 of that Act (rules) is amended as follows. U.K.

(2) In subsection (2)—

(a) after paragraph (b) insert—

“(ba) appeals against orders or rulings made in preliminary proceedings;”;

(b) after paragraph (nn) insert—

“(no) appeals against any orders (including directions) of courts-martial prohibiting or restricting the publication of any matter or excluding the public from any proceedings;”.

(3) After subsection (2) insert—

“(2A) In subsection (2)(a), (b) and (ba), the references to proceedings preliminary to trials include hearings at which the accused is arraigned.

(2B) Rules made by virtue of subsection (2)(ba) or (no) may confer jurisdiction on the Courts-Martial Appeal Court, and rules under section 49 of the Courts-Martial (Appeals) Act 1968 may make provision about the powers of that court in relation to appeals made by virtue of subsection (2)(ba) or (no).”

Yn ddilys o 01/01/2008

34 U.K. After section 58 of that Act insert—

“58A Preliminary hearings as to plea

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

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

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

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

(5) Rules under section 58 may make provision for and in connection with the making of orders and rulings by a judge advocate at a hearing at which the accused is arraigned, including in particular—

(a) provision corresponding to any provision of, or that may be made by virtue of, sections 31, 33, 34 and 37 of the Criminal Procedure and Investigations Act 1996, subject to such modifications as the Secretary of State considers appropriate;

(b) provision for the variation or discharge of such orders and rulings.

(6) The reference in subsection (1) to a charge preferred by the prosecuting authority includes—

(a) a charge substituted by the prosecuting authority; and

(b) where a charge is amended by the prosecuting authority before the accused is arraigned in respect of it, the charge as so amended.

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

Yn ddilys o 01/01/2008

35 U.K. In section 59(4A) of that Act (challenge by accused), for “Judge Advocate of Her Majesty's Fleet” substitute “ Judge Advocate General ”.

Yn ddilys o 01/01/2008

36 U.K. In section 63A(5)(b) of that Act (powers to deal with person unfit to stand trial etc), for “Judge Advocate of Her Majesty's Fleet” substitute “ Judge Advocate General ”.

Yn ddilys o 01/01/2008

37 U.K. In section 64 of that Act (summoning of witnesses)—

(a) omit subsection (1);

(b) in subsection (2) for “notice under this section” substitute “ summons issued in accordance with rules under section 58 ”.

Yn ddilys o 01/01/2008

38 U.K. In section 73 of that Act (saving for functions of JAF), including in the sidenote to that section, for “Judge Advocate of Her Majesty's Fleet” substitute “ Judge Advocate General ”.