Armed Forces Act 2006

Prospective

21 In section 20 (implementation of authority for retrial etc)— E+W+S+N.I.

(a) for subsection (1) substitute—

“(1) Where—

(a) an order under section 19 authorising the retrial of a person has been made, and

(b) the person has not been arraigned (in pursuance of the order) within three months beginning with the date of the order,

the person may not be arraigned unless the Appeal Court give leave.

(1A) A person who may not be arraigned without the leave of the Appeal Court may apply to the Court to set aside the order under section 19.

(1B) On an application under subsection (1) or (1A) the Appeal Court may—

(a) grant leave to arraign; or

(b) set aside the order under section 19.

(1C) But leave to arraign may be granted only if the Appeal Court are satisfied—

(a) that the prosecution has acted with all due expedition; and

(b) that there is a good and sufficient reason for a retrial in spite of the lapse of time since the order under section 19 was made.

(1D) Where an order under section 19 authorising the retrial of a person for an offence is set aside, the person is to be treated as if he had been acquitted by the Court Martial of the offence.

(1E) Where the Appeal Court authorise the retrial of a person they may—

(a) by order authorise the keeping of that person in service custody—

(i) for such period, ending not later than 8 days after the date the order is made, as the Court think appropriate; or

(ii) if the person is legally represented and consents, for such period, not exceeding 28 days, as the Court think appropriate; or

(b) require that person to comply with such requirements as seem to the Court to be necessary for a purpose mentioned in section 107(3) of the 2006 Act.

(1F) Where the person is in service custody the Appeal Court may under subsection (1E)(b) impose a requirement that must be complied with before the person may be released.

(1G) An order under subsection (1E)(a) is to be treated, for the purposes of Part 4 of the 2006 Act, as made under section 105(2) of that Act.

(1H) A requirement imposed under subsection (1E)(b) is to be treated, for the purposes of Part 4 of the 2006 Act, as imposed under section 107(3) of that Act (and, where appropriate, by virtue of section 107(3)(a) of that Act).”;

(b) after subsection (2) insert—

“(2A) In subsection (2) “relevant time” means—

(a) where arraignment takes place within the three months referred to in subsection (1)—

(i) if the defendant is convicted on his retrial, the end of 28 days beginning with the date of conviction;

(ii) otherwise, the time when the case is finally disposed of;

(b) where arraignment does not take place within those three months, the end of those three months.”;

(c) in subsection (3)—

(i) for “a direction” substitute “ an order or direction ”;

(ii) after “that” insert “ order or ”;

(d) after that subsection insert—

“(3A) In subsection (3) “relevant time” means—

(a) where arraignment takes place within the three months referred to in subsection (1), the time when the case is finally disposed of;

(b) otherwise, the end of those three months.”;

(e) in subsection (4) for “Part VI of the Mental Health (Scotland) Act 1984” substitute “ the Mental Health (Care and Treatment) (Scotland) Act 2003 ”;

(f) omit subsection (5);

(g) in subsection (6) omit the words from “of this Act” to the end.