EXPLANATORY NOTE
(This note is not part of the Order)
This Order brings into force section 29 (and thereby Schedule 4) and section 30 of the Armed Forces Act 2001 (c.19). Section 29 simply gives effect to Schedule 4 to the 2001 Act . Schedule 4 brings into force amendments to the Army Act 1955(c.18), the Air Force Act 1955 (c.19) and the Naval Discipline Act 1957(c.53), which concern the circumstances in which a person may continue to be held in custody, and, where a person is released, the requirements which may be imposed on him in order to secure his attendance at any future hearing. The amendments make provision for when matters relating to custody shall be dealt with by a judicial officer or by the judge advocate in relation to a court-martial, and also when a person is released from custody after charge or during court-martial proceedings.
Section 30 enables the Secretary of State by order to make provision for conditional release from custody pending the outcome of an appeal from a court-martial, a summary appeal court or a Standing Civilian Court hearing. This is equivalent to the award of bail pending appeal in the civilian system, but as the term “bail” does not apply in the Service system the term “conditional release” is used instead. Section 30 also amends section 42 of the Courts-Martial (Appeals) Act 1968 (c.46) by removing any restriction on who may be granted “bail” pending an appeal from the Courts-Martial Appeal Court to the House of Lords. The right to be granted “bail” was hitherto restricted to civilians subject to service law.