Modifications etc. (not altering text)
C1Part II extended by Reserve Forces Act 1980 (c. 9), s. 142
C2Part II applied (1.6.1996 subject to art. 3 of the commencing S.I.) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 18(9)(a), 20(10)(a); S.I. 1996/1173, art. 2
Textual Amendments
F1S. 75-75E and the preceding cross heading substituted (2.10.2000) for s. 75 by 2000 c. 4, s. 1(1); S.I. 2000/2366, art. 2
(1)Where a person subject to military law (“the accused”) is kept in military custody after being charged with an offence against any provision of this Part of this Act, he shall be brought before a judicial officer as soon as practicable.
(2)Where the accused is brought before a judicial officer in accordance with subsection (1) above, the judicial officer may by order authorise the keeping of the accused in military custody, but only if—
(a)the judicial officer is satisfied that there are substantial grounds for believing that the accused, if released from military custody, would—
(i)fail to attend any hearing in the proceedings against him,
(ii)commit an offence while released, or
(iii)interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person;
(b)the judicial officer is satisfied that the accused should be kept in military custody for his own protection or, if he is under 17 years of age, for his own welfare;
(c)the judicial officer is satisfied that it has not been practicable to obtain sufficient information for the purpose of taking the decisions required by this subsection for want of time since the accused was charged with the offence; or
(d)the accused, having been released from military custody after being charged with the offence, has deserted or absented himself without leave.
(3)In taking the decision required by subsection (2)(a) above, the judicial officer shall have regard to such of the following considerations as appear to him to be relevant—
(a)the nature and seriousness of the alleged offence (and the probable method of dealing with the accused for it),
(b)the character, antecedents, associations and social ties of the accused,
(c)the accused’s behaviour on previous occasions while charged with an offence and released from military custody or while on bail in criminal proceedings,
(d)the strength of the evidence that the accused committed the offence,
as well as to any others which appear to be relevant.
(4)If—
(a)the accused is charged with an offence to which this subsection applies;
(b)representations are made as to any of the matters mentioned in subsection (2)(a) above; and
(c)the judicial officer decides not to authorise the keeping of the accused in military custody,
the judicial officer shall state the reasons for his decision and shall cause those reasons to be included in the record of the proceedings.
(5)Subsection (4) above applies to any offence under section 70 of this Act where the corresponding civil offence is—
(a)murder;
(b)manslaughter;
(c)rape;
(d)attempted murder; or
(e)attempted rape.
(6)The period for which a judicial officer may, by an order under subsection (2) above, authorise the keeping of the accused in military custody shall be such period, ending (subject to section 75G(7) of this Act) not later than 8 days after the day on which the order is made, as he thinks fit having regard to the evidence before him.
(7)An order under subsection (2) above does not authorise the keeping of the accused in military custody—
(a)if the accused is subsequently released from military custody, at any time after his release; or
(b)at any time after the award of punishment on summary dealing with the charge or any amended or substituted charge.
(8)Subsection (1) above does not apply where the accused is charged at a time when he is kept in military custody by reason of an award or sentence under this Act or of an order under subsection (2) above, unless that reason ceases to apply.]
Textual Amendments
F2S. 75F inserted (2.10.2000) by 2000 c. 4, s. 2(1); S.I. 2000/2366, art. 2
Textual Amendments applied to the whole legislation
F3Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2