Part 4

Custody
Chapter 3

Custody Proceedings Rules

Custody proceedings rules
112
1
The Secretary of State may make rules with respect to proceedings—
a
on an application under section 101;
b
under section 105(1);
c
on an application under section 107(4);
d
on a review under section 108(1), 110(4), 111(4) or 171(2).
2
Rules under this section may in particular make provision—
a
with respect to arrangements preliminary to the proceedings;
b
with respect to the representation of the person to whom the proceedings relate;
c
with respect to evidence, including the admissibility of evidence;
d
for procuring the attendance of witnesses;
e
with respect to the immunities and privileges of witnesses;
f
with respect to oaths and affirmations;
g
with respect to circumstances in which a review under section 108(1), 110(4), 111(4) or 171(2) may be carried out without a hearing;
h
with respect to the use for the purposes of the proceedings of live television or telephone links or similar arrangements, including the use of such links or other arrangements as a means of satisfying any requirement imposed by this Act for a person to be brought before a judge advocate;
i
for the appointment of persons to discharge administrative functions under the rules.
S. 112 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)
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)
S. 112 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
Pt. 4 modified (1.8.2013) by The Armed Forces (Retrial for Serious Offences) Order 2013 (S.I. 2013/1852), arts. 1, 25(3)(4) (with art. 3)
Pt. 4 applied (with modifications) (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 3