The Rules of Procedure (Army) (Amendment) Rules 1991

SCHEDULE AMENDMENTS TO THE RULES OF PROCEDURE (ARMY) 1972

1.  In Schedule 2(2) (charge-sheets—statements of offences)—

(a) under Army Act 1955 section 44, for each of the expressions “public property”, “service property” and “property belonging to a person subject to military law” in each place where they occur there shall be substituted the word “property”;

(b) under Army Act 1955 section 45, after the word “public” there shall be inserted the word “or”;

(c) at the end there shall be inserted the following—

“ARMED FORCES ACT 1991

SECTION 18

(8) Intentionally obstructing a person exercising a power conferred on him by virtue of the making of an assessment order, contrary to section 18(8) of the Armed Forces Act 1991.

SECTION 20

(9) Intentionally obstructing a person exercising a power under a protection order

to remove to prevent the removal of

a child contrary to section 20(9) of the Armed Forces Act 1991.”.

2.  In Schedule 5(1A) (sentences—special sentences for juveniles) there shall be inserted at the beginning the following—

“

”.

3.  For Schedule 5(1B) (sentences—special sentence for young service offenders) there shall be substituted the following—

“

”.

4.—(1) In rule 3A(1), after the words “paragraph 1, 2” there shall be inserted “2A”.

(2) In Schedule 9 Part I (provisions relating to civilians—general modifications), after paragraph 2 there shall be inserted the following paragraph—

“2A.   Rule 21 (alternative courses open to an appropriate superior authority) shall have effect as if—

(a) that Rule were numbered paragraph (1);

(b) in that paragraph after the words “if an accused elects to be tried by court-martial” there were inserted the words “and does not subsequently in accordance with paragraph (2) of this Rule withdraw his election,”;

(c) there were inserted after paragraph 1 of that Rule the following paragraph—

“(2) Subject to paragraphs (3) and (4) below, an accused who has elected trial by court-martial may withdraw his election at any time before the trial and the charge may then be dealt with summarily by an appropriate superior authority.

(3) An accused who elects trial by court-martial shall not be entitled to withdraw his election before he has been remanded for trial if his commanding officer is of the opinion that it is undesirable that he should do so.

(4) An accused who elects trial by court-martial shall not be entitled to withdraw his election after he has been remanded for trial except with the permission of the convening officer.””.

5.  In Appendix 2 to Schedule 9 (provisions relating to civilians—modifications of Schedule 5)—

(a) for each of the two forms specified for the making of a custodial order there shall be substituted the following form—

“

”;

(b) the form specified for the making of a reception order shall be deleted.

6.  In Appendix 3 to Schedule 9 (provisions relating to civilians—modifications of Schedule 7)—

(a) in the entry against 8—

(i) in the first column for the words “youth custody centre” there shall be substituted the words “young offender institution” and the words “or Northern Ireland” shall be deleted;

(ii) for the words “The Governor of the centre” there shall be substituted the words “The Governor of the institution”;

(b) the entries against 9, 12, 13, 14 and 15 shall be deleted.