Armed Forces Act 2006

Remand orders U.K.

3 U.K. In relation to a case where section 169 applies but the court has not yet made one of the disposals mentioned in section 169(2), section 35 of the 1983 Act (remand to hospital for report on mental condition) has effect as if—

(a) the reference in subsection (1) to the Crown Court or a magistrates' court were to the Court Martial;

(b) for the purposes of that section an “accused person” meant a person in whose case this paragraph applies;

(c) subsection (2) and the words after paragraph (b) in subsection (3) were omitted;

(d) in subsection (3)(b) for the words “if he were remanded on bail” there were substituted “ if he were not remanded under this section ”;

(e) in subsection (4) the reference to a place of safety were to any place that the court may direct; and

(f) the reference in subsection (10) to a constable included a reference to a service policeman.

Commencement Information

I1 Sch. 4 para. 3 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2 Sch. 4 para. 3 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

4 U.K. In relation to a case where section 169 applies but the court has not yet made one of the disposals mentioned in section 169(2), section 36 of the 1983 Act (remand to hospital for treatment) has effect as if—

(a) in subsection (1) for the words “the Crown Court may, instead of remanding an accused person in custody, remand him” there were substituted “ the Court Martial may remand an accused person ”;

(b) for the purposes of that section an “accused person” meant a person in whose case this paragraph applies;

(c) subsection (2) were omitted; and

(d) in subsection (3) the reference to a place of safety were to any place that the court may direct.

Commencement Information

I3 Sch. 4 para. 4 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I4 Sch. 4 para. 4 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4