Valid from 28/03/2009
192(1)Section 26 of the Armed Forces Act 2001 (power to make provision for orders as to costs) is amended as follows.U.K.
(2)In subsection (1) for the words from “courts-martial” to “services Acts” substitute “ any of the Court Martial, the Summary Appeal Court, the Service Civilian Court and the Court Martial Appeal Court, in any case where the court is satisfied that one party to proceedings before that court ”.
(3)In subsection (2)(d) for “a Standing Civilian Court” substitute “ the Service Civilian Court ”.
(4)In subsection (3)—
(a)in paragraph (a) for the words from “a court-martial” to the end substitute “ the Court Martial under the regulations may appeal to the Court Martial Appeal Court; ”;
(b)in paragraph (b) for “a summary appeal court or a Standing Civilian Court” substitute “ the Summary Appeal Court or the Service Civilian Court ”.
(5)Omit subsection (4).
193(1)Section 27 of that Act (costs against legal representatives) is amended as follows.U.K.
(2)In subsection (1) for the words from the beginning to “may disallow” substitute “In any proceedings before—
(a)the Court Martial,
(b)the Summary Appeal Court,
(c)the Service Civilian Court, or
(d)the Court Martial Appeal Court,
the court may disallow ”.
(3)In subsection (2)—
(a)in paragraph (a) for the words from “a court-martial” to the end substitute “ the Court Martial under subsection (1) may appeal to the Court Martial Appeal Court; ”;
(b)in paragraph (b) for “a summary appeal court or a Standing Civilian Court” substitute “ the Summary Appeal Court or the Service Civilian Court ”.
(4)In subsection (3), in the definition of “legal or other representative” for paragraph (b) substitute—
“(b)a person appointed under section 365 of the Armed Forces Act 2006 (prosecuting officers);”.
194(1)Section 28 of that Act (provisions supplementary to sections 26 and 27) is amended as follows.U.K.
(2)In subsection (1)—
(a)for “prosecuting authority of its” substitute “ Director of Service Prosecutions (“the Director”) of his ”;
(b)for “under the services Acts” substitute “ before a court mentioned in section 27(1) ”;
(c)for “prosecuting authority” in the second place where it occurs substitute “ Director ”.
(3)In subsection (2) for “prosecuting authority” in both places substitute “ Director ”.
(4)Omit subsections (3) to (5).
195(1)Section 30 of that Act (conditional release from custody) is amended as follows.U.K.
(2)In subsection (1) for “a court-martial, a summary appeal court or a Standing Civilian Court” substitute “ the Court Martial, the Summary Appeal Court or the Service Civilian Court ”.
(3)In subsection (2)—
(a)in paragraph (a) for the words from “a court-martial” to the end substitute “ the Court Martial, the determination of an appeal to the Court Martial Appeal Court, ”;
(b)in paragraph (b) for the words from “a summary appeal court” to “1957 Act” substitute “ the Summary Appeal Court, the determination of an appeal to the High Court under section 149(2) of the Armed Forces Act 2006 ”;
(c)in paragraph (c) for the words from “a Standing Civilian Court” to the end substitute “ the Service Civilian Court, the determination of an appeal to the Court Martial or of an appeal from the Court Martial to the Court Martial Appeal Court. ”
(4)In subsection (4)—
(a)for paragraph (d) substitute—
“(d)create service offences punishable by any of the punishments mentioned in the Table in section 164 of the Armed Forces Act 2006,”;
(b)in paragraph (e) for the words from “1955 Acts” to “Armed Forces Act 1976 (c. 52)” substitute “ Court Martial Appeals Act 1968 or the Armed Forces Act 2006 ”.
(5)For subsections (5) and (6) substitute—
“(5A)Where an order under this section creates an offence punishable with imprisonment, the maximum term it may authorise is two years.”