Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)U.K.
23U.K.After section 91 of the Air Force Act 1955 insert—
“Preliminary hearings as to pleaU.K.
91APreliminary hearings as to plea
(1)Subsections (2) to (4) apply in relation to a charge against a person (“the accused”) preferred by the prosecuting authority.
(2)The accused shall be arraigned at a hearing before a judge advocate.
(3)That hearing may take place at any time before the time when the court-martial that is to try the charge first sits.
(4)The arraignment is to be treated as having occurred before the court-martial.
(5)Rules under section 103 may make provision for and in connection with the making of orders and rulings by a judge advocate at a hearing at which the accused is arraigned, including in particular—
(a)provision corresponding to any provision of, or that may be made by virtue of, sections 31, 33, 34 and 37 of the Criminal Procedure and Investigations Act 1996, subject to such modifications as the Secretary of State considers appropriate;
(b)provision for the variation or discharge of such orders and rulings.
(6)The reference in subsection (1) to a charge preferred by the prosecuting authority includes—
(a)a charge substituted by the prosecuting authority; and
(b)where a charge is amended by the prosecuting authority before the accused is arraigned in respect of it, the charge as so amended.
(7)Nothing in this section applies in relation to a charge preferred or substituted after the time when the court-martial first sits.”
24(1)Section 103 of that Act (rules) is amended as follows.U.K.
(2)In subsection (2)—
(a)after paragraph (b) insert—
“(ba)appeals against orders or rulings made in preliminary proceedings;”;
(b)after paragraph (mm) insert—
“(mn)appeals against any orders (including directions) of courts-martial prohibiting or restricting the publication of any matter or excluding the public from any proceedings;”.
(3)After subsection (2) insert—
“(2A)In subsection (2)(a), (b) and (ba), the references to proceedings preliminary to trials include hearings at which the accused is arraigned.
(2B)Rules made by virtue of subsection (2)(ba) or (mn) may confer jurisdiction on the Courts-Martial Appeal Court, and rules under section 49 of the Courts-Martial (Appeals) Act 1968 may make provision about the powers of that court in relation to appeals made by virtue of subsection (2)(ba) or (mn).”
25U.K.In section 120 of that Act (suspension of sentences), after subsection (7) insert—
“(7A)Subsection (5) does not apply if the person was tried by court-martial for the fresh offence in pursuance of an election for court-martial trial.”
Commencement Information
I1Sch. 16 para. 25 in force at 15.10.2007 by S.I. 2007/2913, art. 2