Part 4 U.K.Custody

Modifications etc. (not altering text)

C1 Pt. 4 modified by 1968 c. 20, s. 20(1G)(1H) (as substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 21(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4)

Chapter 2 U.K.Custody etc after Charge

Custody after charge U.K.

107 Release from custody after charge U.K.

(1) Subsections (2) and (3) apply where, at a hearing under section 105(1), the judge advocate does not authorise keeping the accused in service custody.

(2) Subject to subsection (3), the accused must be released from service custody without delay.

(3) The accused may be required to comply, before release or later, with such requirements as appear to the judge advocate to be necessary—

(a) to secure his attendance at any hearing in the proceedings against him;

(b) to secure that he does not commit an offence while released from custody;

(c) to secure that he does not interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person; or

(d) for his own protection or, if he is aged under 17, for his own welfare or in his own interests.

(4) On an application made—

(a) by or on behalf of the accused, or

(b) by the commanding officer of the accused,

any requirement imposed under subsection (3) (including such a requirement as previously varied under this subsection) may be varied or discharged by a judge advocate.

(5) A person on whom a requirement has been imposed by virtue of subsection (3)(a) commits an offence if, without reasonable excuse, he fails to attend any hearing to which the requirement relates.

(6) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.

Modifications etc. (not altering text)

C2 S. 107(5) applied (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 69(8)

C3 S. 107(5) applied (31.10.2009) by The Armed Forces (Service Civilian Court) Rules 2009 (S.I. 2009/1209), art. 1, rule 103

C4 S. 107(5) applied (31.10.2009) by The Armed Forces (Summary Appeal Court) Rules 2009 (S.I. 2009/1211), art. 1, rule 56(8)(9)

C5 S. 107(5)(6) applied (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 136(8)

C6 S. 107(5) applied (31.10.2009) by The Armed Forces (Service Civilian Court) Rules 2009 (S.I. 2009/1209), art. 1, rule 55(8)(9)

C7 S. 107(6) applied (31.10.2009) by The Armed Forces (Service Civilian Court) Rules 2009 (S.I. 2009/1209), art. 1, rule 103

Commencement Information

I1 S. 107 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 S. 107 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4