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Session 1999-2000
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Arrangement of Clauses (Contents)

Armed Forces Discipline Bill
 
      (4) Section 47G(3)(d) does not apply in the case of an accused who is awaiting sentence.
 
      (5) An order under section 47G(2) does not authorise the keeping of the accused in naval custody after he is sentenced by the court-martial.
 
      (6) Subsection (1) above shall cease to apply (but without prejudice to any order already made by virtue of that subsection) if the court-martial is dissolved."
 
Release from custody after charge or during proceedings.     5. - (1) After section 75H of the Army Act 1955 there is inserted-
 
 
"Release from custody after charge or during proceedings.     75J. - (1) This section applies where, at a hearing under section 75F(1) of this Act or on a review under section 75G(1) of this Act, the judicial officer or judge advocate (as the case may be) does not authorise keeping the accused in military custody.
 
    (2) Where this section applies, the accused-
 
 
    (a) subject to paragraph (b) below, shall be released from military custody forthwith, but
 
    (b) if he is subject to military law only by virtue of section 131 or 205(1)(ea), (eb), (g) or (h) of this Act, may be required to comply, before release or later, with such requirements as appear to the judicial officer or judge advocate (as the case may be) to be necessary for the purpose of securing his attendance at any hearing in connection with the offence to which the charge relates.
      (3) A person on whom a requirement has been imposed under subsection (2)(b) above is guilty of an offence if he fails without reasonable cause to attend any hearing to which the requirement relates.
 
      (4) A person guilty of an offence under this section shall be liable on conviction by court-martial to imprisonment for a term not exceeding two years or any less punishment provided by this Act."
 
      (2) After section 75H of the Air Force Act 1955 there is inserted-
 
 
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