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The Unfitness to Stand Trial and Insanity (Army) Regulations 2005

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Explanatory Note

(This note is not part of the Regulations)

These regulations make provision for supervision orders which may be made by an Army court-martial in respect of offenders who are found by such a court-martial to be unfit to stand trial or not guilty by reason of insanity. The regulations are based on the provisions for supervision orders applicable to civilian courts which are contained in Schedule 1A of the Criminal Procedure (Insanity) Act 1964 (c. 25). This Schedule was inserted by the Domestic Violence, Crime and Victims Act 2004 (c. 28).

Regulation 3 provides that the functions of a judge advocate may be exercisable by a judicial officer after an adjournment or appeal.

Regulation 4 makes provision for the appointment in the supervision order of an appropriate supervising officer.

Regulation 5 requires the judge advocate to explain to the supervised person the terms of the order and the procedure for its review.

Regulation 6 makes provision for the court administration officer to provide copies of the supervision order to various persons including the supervised person and the supervising officer.

Regulation 7 requires the supervised person to keep in touch with the supervising officer.

Under regulations 8 and 9, a supervision order may require the supervised person to submit to treatment by a registered medical practitioner during the whole or part of the period specified in the order. In such cases, regulation 10 makes provision for the medical practitioner to make alternative arrangements to treat the supervised person.

Under regulation 11, a supervision order may include requirements as to the residence of the supervised person.

Regulation 12 provides for the person to whom an application is made in order to revoke or amend a supervision order.

Regulations 13 to 18 make provision for the revocation or amendment of a supervision order.

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