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The Armed Forces (Unfitness to Stand Trial and Insanity) Regulations 2009
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- 2009 No. 1213
- Explanatory Note
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make provision for service supervision orders, which may be made by the Court Martial or the Court Martial Appeal Court in respect of offenders who are found to be unfit to stand trial or not guilty by reason of insanity.
Regulations 2 to 17 replace SI 2005 Nos. 1388 – 1390, which were made for the same purpose under the Army Act 1955 (c. 18), the Air Force Act 1955 (c. 19) and the Naval Discipline Act 1957 (c. 53) (which Acts are repealed by the 2006 Act). The Regulations are based on the provisions for supervision orders applicable to civilian courts which are contained in Schedule 1A to the Criminal Procedure (Insanity) Act 1964 (c. 84). That Schedule was inserted by the Domestic Violence, Crime and Victims Act 2004 (c. 28).
Regulation 3 makes provision for the appointment in the service supervision order of an appropriate supervising officer.
Regulation 4 requires the judge advocate to explain to the supervised person the terms of the order and the procedure for its review.
Regulation 5 makes provision for the court administration officer to provide copies of the service supervision order to various persons including the supervised person and the supervising officer.
Regulation 6 requires the supervised person to keep in touch with the supervising officer.
Under regulations 7 and 8 a service 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 9 makes provision for the medical practitioner to make alternative arrangements to treat the supervised person.
Under regulation 10 a service supervision order may include requirements as to the residence of the supervised person.
Regulation 11 provides for the person to whom an application is made in order to revoke or amend a supervision order.
Regulations 12 to 17 make provision for the revocation or amendment of a service supervision order.
Regulation 18 applies regulations 3 to 17 (with necessary modifications) to service supervision orders made by the Court Martial Appeal Court.
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