Armed Forces Act 1996

Valid from 01/04/1997

Armed Forces Act 1976 (c. 52) U.K.

102 U.K. In section 6 of the Armed Forces Act 1976 (establishment of Standing Civilian Courts), in subsection (15), for the words “authority who directs the trial or trials" there shall be substituted the words “ court administration officer notified by the prosecuting authority that the trial or trials are ”.

103 (1) Schedule 3 to that Act (Standing Civilian Courts) shall be amended as follows. U.K.

(2) In paragraph 1 (interpretation)—

(a) after the definition of “the court" there shall be inserted the following definitions—

““court administration officer” has the same meaning as in the M1 Army Act 1955;

“the court administration officer”, in relation to a civilian, means the court administration officer notified by the prosecuting authority that the civilian is to be tried by the court and includes his successor or any person for the time being exercising his or his successor’s functions;

“the higher authority”, in relation to a civilian, means the higher authority who referred his case to the prosecuting authority;”;

(b) the definition of “the directing officer" shall cease to have effect; and

(c) after the definition of “prescribed" there shall be inserted the following definition—

““the prosecuting authority”—

(a) in the case of a civilian to whom Part II of the Army Act 1955 applies, has the same meaning as in that Act;

(b) in the case of a civilian to whom Part II of the M2 Air Force Act 1955 applies, has the same meaning as in that Act;”.

(3) In paragraph 2 (sittings of the Standing Civilian Court)—

(a) in sub-paragraphs (1) and (3), for the word “directing" there shall be substituted the words “ court administration ”; and

(b) in sub-paragraph (2), for the word “shall" there shall be substituted the word “ may ” and the words from “if so" to “direction" shall cease to have effect.

(4) In paragraph 4 (right of accused to elect trial by court-martial)—

(a) in sub-paragraph (4), for the words from “report" to the end there shall be substituted the words “ shall refer the case to the prosecuting authority ”; and

(b) sub-paragraph (5) shall cease to have effect.

(5) For paragraph 6 there shall be substituted the following paragraph—

“ Unfitness to stand trial and insanity U.K.

6 (1) Where on a trial by the court the question arises (whether at the instance of the defence or otherwise)—

(a) whether the accused is fit to stand trial, or

(b) where it appears to the court that the accused did the act or made the omission constituting the offence with which he is charged, whether he was insane at the time of the act or omission concerned,

the court shall adjourn the hearing and refer the case to the prosecuting authority.

(2) For the purposes of this paragraph a person is unfit to stand trial if he is under a disability such that apart from the M3 Criminal Procedure (Insanity) Act 1964 it would constitute a bar to his being tried on indictment in England and Wales.”

(6) Paragraph 7 shall cease to have effect.

(7) In paragraph 8 (re-trial where Standing Civilian Court ceases to be properly constituted)—

(a) in sub-paragraph (1), for the words from the beginning to “directing" there shall be substituted the words “ The court administration ”;

(b) in sub-paragraphs (2) and (3), for the word “directing" there shall be substituted the words “ court administration ”.

(8) In paragraph 12 (procedures etc. of Standing Civilian Court)—

(a) in sub-paragraph (1), after the word “namely" there shall be inserted the following paragraph—

“(aa) the prosecution of offences which may be tried by Standing Civilian Courts;”;

(b) after sub-paragraph (4)(b) there shall be inserted the following paragraphs—

“(ba) proceedings preliminary to trials by Standing Civilian Courts;

(bb) the appointment of a magistrate for any preliminary proceedings;”;

(c) in sub-paragraph (4)(f), after the word “trials" there shall be inserted the words “ and any preliminary proceedings ”;

(d) in sub-paragraph (4)(h), the words “and the directing officer" shall cease to have effect; and

(e) sub-paragraph (4)(m) shall cease to have effect.

(9) In paragraph 18 (appeals to courts-martial)—

(a) in sub-paragraphs (3) and (4), for the words “directing officer" there shall be substituted the words “ higher authority ”;

(b) in sub-paragraph (4), for the words “Rules of Procedure" there shall be substituted the word “ rules ”; and

(c) in sub-paragraph (10), the words “or as judge advocate" shall cease to have effect.

(10) In paragraph 20 (review of findings and sentences of Standing Civilian Court), in sub-paragraph (9), for the words “directing officer" there shall be substituted the words “ higher authority ”.

Marginal Citations

M1 1955 c. 18.

M2 1955 c. 19.

M3 1964 c. 84.