The Armed Forces (Conditional Release from Custody) Order 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for a judge advocate to grant bail pending an appeal in respect of persons sentenced by the Summary Appeal Court or the Service Civilian Court.

Article 3 gives a judge advocate the power to grant or revoke bail pending appeal and to vary the conditions of bail. It provides that the judge advocate may direct the person to appear at such time and place as the judge advocate may require. It also contains time limits for the grant of bail.

Article 4 provides that bail cannot be granted, save in exceptional circumstances, to persons convicted of any of the offences listed in section 25(2) of the Criminal Justice and Public Order Act 1994 (c. 33).

Article 5 provides that any time spent on release on bail does not count as part of the term of imprisonment or detention.

Article 6 sets out the procedure for making an application to the judge advocate about bail pending appeal.

Articles 7 and 8 deal with the imposition by a judge advocate of conditions of bail, including a power to impose such conditions as appear to be necessary to secure the person’s surrender and good behaviour when released.

Article 9 requires the making of records of the judge advocate’s decisions relating to bail and provides for the power to order the forfeiture of security where a person has failed to surrender to custody.

Article 10 provides for two offences, namely the offence of failing without reasonable cause to surrender to custody and the offence of failing to surrender as soon as reasonably practicable after having failed to surrender because of reasonable cause.

Article 11 gives the judge advocate the power to issue a warrant for the arrest of a person or who has absconded following his surrender. The article also allows the arrest of a person in the absence of a warrant in certain specified circumstances.

Article 12 applies where the grant of bail is conditional on the provision of sureties to secure the person’s surrender to custody. It sets out the factors which may be considered by the judge advocate in deciding on the suitability of a surety, together with the procedure for the surety to enter recognizances.

Article 13 sets out the procedure for the judge advocate to order forfeiture of a recognizance in the event of the appellant failing to surrender to custody.

Article 14 creates the offence of agreeing to indemnify sureties.