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Armed Forces Discipline Act 2000

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Armed Forces Discipline Act 2000. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Summary

  3. Background

    1. The system of discipline in the armed forces

    2. The reasons for change

  4. The Act

  5. Commentary on Sections

    1. Sections 1 - 10: Custody

      1. Arrangements in force prior to commencement of Act

        1. The new arrangements

    2. Section 1: Custody without charge

    3. Section 2: Custody after charge

    4. Section 3: Review of custody after charge

    5. Section 4: Custody during court-martial proceedings

    6. Section 5: Release from custody after charge or during court-martial proceedings

    7. Section 6: Arrest during proceedings

    8. Section 7: Judicial Officers

    9. Section 8: Custody Rules

    10. Section 9: Bail in proceeding for illegal absence.

    11. Section 10: Further amendments relating to custody

    12. Sections 11 – 12: Election for court-martial trial

      1. Arrangements in force prior to commencement of this Act

      2. The new arrangements

    13. Section 11: Right to elect court-martial trial

    14. Section 12: Limits on powers of courts-martial where accused elected court-martial trial

    15. Section 13: Functions of prosecuting authority

    16. Sections 14 – 25: Summary Appeal Courts

      1. The new arrangements

    17. Section 14: Summary Appeal Courts

    18. Section 15: Appointment of judge advocates

    19. Section 16: Officers qualified for membership of the Summary Appeal Court

    20. Section 17: Constitution of Summary Appeal Court for appeals

    21. Section 18: Right of appeal

    22. Section 19: Hearing of appeals

    23. Section 20: Powers of the Summary Appeal Court

    24. Section 21: Making of, and appeals from, decisions of the court.

    25. Section 22: Rules

    26. Section 23: Oaths required of members of the court

    27. Section 24: Privileges of witnesses and others

    28. Section 25: Further amendments relating to the Summary Appeal Courts

    29. Section 26: Interpretation

    30. Section 27: Repeals

    31. Section 28: Short title and commencement

  6. Commencement Date

  7. Hansard References

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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