Armed Forces Act 2006 (c. 52)

Part 7 U.K. Trial by Court Martial

Modifications etc. (not altering text)

C1 Pt. 7 modified (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(1)

Chapter 4 U.K. Findings of Unfitness to Stand Trial and Insanity

171 Remission for trial U.K.

(1) Where—

(a) a person is detained in pursuance of a hospital order which the Court Martial had power to make by virtue of section 169(1)(a),

(b) the court also made a restriction order, and

(c) the restriction order has not ceased to have effect,

the Secretary of State, if satisfied after consultation with [F1 the responsible clinician] that the person can properly be tried, may remit the person for trial by the Court Martial.

(2) A person remitted under this section must be transferred to service custody, but when he is so transferred—

(a) he must as soon as practicable be brought before a judge advocate for a review of whether he should continue to be kept in service custody; and

(b) on that review he is to be dealt with as on a review under section 108(1) (see section 108(4) to (8)).

(3) On the transfer of a person to service custody under this section the hospital order and restriction order cease to have effect.

(4) In this section—

• “hospital order” and “restriction order” have the same meanings as in section 169;

• [F2 “the responsible clinician” means the responsible clinician within the meaning of Part 3 of the Mental Health Act 1983.]

(5) In subsection (1)(a) the reference to a hospital order as there mentioned includes a reference to—

(a) a hospital order made by virtue of section 16(1)(b) or 22(3A) of the Court Martial Appeals Act 1968 (c. 20);

(b) a hospital order made by virtue of section 25B(1) of that Act in a case in which a finding within section 169(1)(a) of this Act was made by the Court Martial.

Textual Amendments

F1 Words in s. 171(1) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 15(5)(a), 56(1); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)

F2 Words in s. 171(4) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 15(5)(b), 56(1); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)

Commencement Information

I1 S. 171 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. 171 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4