The Army Custody Rules 2000

Interpretation

2.—(1) In these Rules—

• “the accused” means—

  (a)

  in relation to proceedings under section 75F(1) of the Act, the person who is required to be brought before a judicial officer under section 75F(1) of the Act;

  (b)

  in relation to proceedings on a review under section 75G(1) of the Act, the person to whom the review relates;

• “the Act” means the Army Act 1955;

• “application” means the application by the commanding officer to the judicial officer for an extension of custody without charge under section 75C of the Act;

• “the commanding officer” means—

  (a)

  in relation to proceedings on an application under section 75C of the Act—

  (i)

  the commanding officer of the person to whom the application relates or,

  (ii)

  where the functions of the commanding officer under that section in relation to the application have been delegated to another officer in accordance with regulations made under section 75E of the Act, that officer; and

  (b)

  subject to paragraph (2), in relation to proceedings under section 75F(1) of the Act or proceedings on a review under section 75G(1) of the Act, the accused’s commanding officer;

• “custody” means military custody;

• “hearing” means, as the case may be—

  (a)

  a hearing of an application under section 75C of the Act;

  (b)

  a hearing under section 75F(1) of the Act; or

  (c)

  a hearing before a judicial officer conducting a review under section 75G(1) of the Act;

• “the relevant court administration officer” means—

  (a)

  the court administration officer; or

  (b)

  where the court administration officer has for the time being directed an assistant court administration officer to carry out the functions conferred by these Rules on the relevant court administration officer, that officer;

• “the relevant time” means—

  (a)

  in relation to a person arrested under section 74 of the Act or arrested by a constable, the time of the arrest; and

  (b)

  in relation to a person delivered into custody following surrender under section 188 of the Act or paragraph 6 of Schedule 2 to the Reserve Forces Act 1996(1), the time of the surrender; and

• “a review” means a review conducted by the judicial officer under section 75G(1) of the Act.

(2) In Parts III, IV and V of these Rules, any reference to the commanding officer in relation to—

(a) proceedings under section 75F(1) of the Act;

(b) proceedings on a review under section 75G(1) of the Act,

shall include a reference to any person under his command who has his authority to exercise his functions under these Rules with respect to those proceedings.

(3) Subject to paragraphs (4) and (5), “the judicial officer” means, in relation to the exercise of any function conferred by these Rules in any proceedings, the judicial officer for the time being specified by or on behalf of the Judge Advocate General to exercise that function in those proceedings.

(4) In relation to a review conducted at any time after the commencement of the trial of the accused by court-martial and before the announcement of the court-martial’s finding on the charge or every charge against the accused, references to the judicial officer in these Rules shall have effect as references to the judge advocate.

(5) Where—

(a) the commanding officer orders a person’s arrest under section 75K(1) of the Act; and

(b) at the time the arrest is made the person is already before a judicial officer,

the judicial officer shall immediately carry out the review required by section 75K(7)(b) of the Act; and any reference in these Rules to the judicial officer in relation to such a hearing shall be construed accordingly.

(1)

1996 c. 14.