C1C2C3Part 4Custody

Annotations:
Modifications etc. (not altering text)
C1

Pt. 4 modified by 1968 c. 20, s. 20(1G)(1H) (as substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 21(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4)

C1C2Chapter 2Custody etc after Charge

Custody after charge

I1C1I2109C1Custody during proceedings of Court Martial or Service Civilian Court

1

In relation to a review under section 108(1) which takes place between—

a

the arraignment of the accused before the Court Martial or the Service Civilian Court, and

b

the conclusion of proceedings before the court,

section 105(2) to (6) (as applied by section 108(4)) apply with the following modifications.

2

The reference in section 105(2) to conditions A to C is to be read as a reference to conditions A to D.

3

Where the accused is awaiting sentence—

a

references in section 105(4)(a) and (5) to an offence with which the accused is charged are to be read as references to the offence for which he is awaiting sentence; and

b

section 105(4)(d) does not apply.