|
| |
| |
(e) | as to the equipment to be used, and the procedures to be followed, in |
| |
obtaining or analysing samples; |
| |
(f) | as to the qualifications and training of any persons engaged in |
| |
obtaining or analysing samples. |
| |
(2) | In subsection (1), any reference to a person being required to provide a sample |
| 5 |
includes, in relation to a sample within section 305(3)(c), a reference to a person |
| |
being required to consent to the taking from him of a sample. |
| |
(3) | The results of any analysis of a sample provided pursuant to a requirement |
| |
imposed under section 303(1) or section 304(2) are not admissible in evidence |
| |
against any person in proceedings in respect of a service offence. |
| 10 |
(4) | Nothing in this Chapter limits the powers conferred by— |
| |
(a) | any provision of the Road Traffic Act 1988 (c. 52), or |
| |
(b) | any provision of an order under section 113(1) of PACE which makes |
| |
provision equivalent to any provision of Part 5 of PACE (questioning |
| |
and treatment of persons by police), |
| 15 |
| or affects the admissibility in any proceedings of evidence obtained under |
| |
| |
| |
| |
307 | Offences of misbehaviour in court etc |
| 20 |
(1) | A qualifying service court has jurisdiction under this section to deal with any |
| |
person (“the offender”) who at a time when he is within subsection (6)— |
| |
(a) | refuses to take an oath or make an affirmation when duly required by |
| |
| |
(b) | when a witness, refuses to answer any question which the court has |
| 25 |
lawfully required him to answer; |
| |
(c) | when attending or brought before the court refuses to produce any |
| |
document or other thing which is in his custody or under his control |
| |
and which the court has lawfully required him to produce; |
| |
(d) | intentionally interrupts the proceedings of the court or otherwise |
| 30 |
| |
(e) | intentionally insults or intimidates— |
| |
(i) | any member of the court while that member is acting as such a |
| |
member or is going to or returning from the court; or |
| |
(ii) | any witness or other person whose duty it is to attend the court, |
| 35 |
while that witness or other person is attending the court or |
| |
going to or returning from the court. |
| |
(2) | If the offender is a person subject to service law or a civilian subject to service |
| |
discipline, the court may— |
| |
(a) | commit the offender to service custody for a specified period not |
| 40 |
| |
(b) | impose on him a fine not exceeding level 4 on the standard scale; or |
| |
| |
| |
| |
|
| |
| |
(3) | If the offender is not a person subject to service law or a civilian subject to |
| |
service discipline, the court may impose on him a fine not exceeding level 4 on |
| |
| |
(4) | A qualifying service court may at any time revoke an order of committal made |
| |
by it under this section and, if the offender is in custody, order his discharge. |
| 5 |
(5) | The following are qualifying service courts for the purposes of this section— |
| |
| |
(b) | the Summary Appeal Court; |
| |
(c) | the Service Civilian Court. |
| |
(6) | A person is within this subsection at any time when— |
| 10 |
(a) | he is in the United Kingdom; or |
| |
(b) | he is outside the United Kingdom but is subject to service law or is a |
| |
civilian subject to service discipline. |
| |
308 | Power to detain before dealing with section 307 offence |
| |
(1) | Where a court with power to deal with a person under section 307 does not |
| 15 |
immediately exercise that power, it may order a service policeman, an officer |
| |
of a UK police force or a member of court staff to take the offender into service |
| |
custody and detain him in service custody until the rising of the court. |
| |
(2) | If at the end of that detention— |
| |
(a) | the court considers that a decision whether to exercise that power |
| 20 |
should not be taken without a further hearing, and |
| |
(b) | any of the conditions in subsection (4) is satisfied, |
| |
| the court may give orders for the further detention of the offender in service |
| |
| |
(3) | An authorisation of detention under subsection (2) ends not more than 48 |
| 25 |
hours after the time when the offender was first detained under subsection (1). |
| |
(4) | The conditions referred to in subsection (2)(b) are— |
| |
(a) | that the court is satisfied that there are substantial grounds for |
| |
believing that the offender, if released from service custody, would— |
| |
(i) | fail to attend any hearing in the proceedings against him; |
| 30 |
(ii) | commit an offence while released; or |
| |
(iii) | interfere with witnesses or otherwise obstruct the course of |
| |
justice, whether in relation to himself or any other person; |
| |
(b) | that the court is satisfied that he should be kept in service custody for |
| |
his own protection or, if he is aged under 17, for his own welfare or in |
| 35 |
| |
(c) | that the court is satisfied that it has not been practicable to obtain |
| |
sufficient information for the purpose of deciding whether the |
| |
condition in paragraph (a) or (b) is met. |
| |
(5) | A person may use reasonable force, if necessary, in the exercise of any power |
| 40 |
arising from an order of a court under this section. |
| |
309 | Certification to civil courts |
| |
(1) | This section applies if, in relation to proceedings before a qualifying service |
| |
court, a person within section 307(6) does any act (“the offence”) that would |
| |
| |
| |
|
| |
| |
constitute contempt of court if the proceedings were before a court having |
| |
power to commit for contempt. |
| |
(2) | The qualifying service court, unless it has exercised any power conferred by |
| |
section 307 in relation to the offence, may certify the offence— |
| |
(a) | if it took place in a part of the United Kingdom, to any court of law in |
| 5 |
that part of the United Kingdom which has power to commit for |
| |
| |
(b) | if it took place outside the United Kingdom, to the High Court in |
| |
| |
(3) | The court to which the offence is certified may inquire into the matter, and after |
| 10 |
| |
(a) | any witness who may be produced against or on behalf of the person, |
| |
| |
(b) | any statement that may be offered in defence, |
| |
| may deal with him in any way in which it could deal with him if the offence |
| 15 |
had taken place in relation to proceedings before that court. |
| |
(4) | Where under this section a qualifying service court certifies an offence, it may |
| |
not exercise any power conferred by section 307 in relation to the offence. |
| |
| |
“qualifying service court” has the same meaning as in section 307; |
| 20 |
“act” includes an omission and references to the doing of an act are to be |
| |
| |
310 | Decisions of court under section 307: making and effect |
| |
| |
(a) | section 148 (findings etc of the SAC), or |
| 25 |
(b) | section 159 (findings etc of the Court Martial), |
| |
applies in relation to a decision of the Summary Appeal Court or the Court |
| |
Martial under any of sections 307 to 309. |
| |
(2) | Any such decision is to be taken by the judge advocate. |
| |
(3) | Where the Court Martial or the Service Civilian Court commits a person to |
| 30 |
service custody under section 307, it may direct that the committal shall take |
| |
effect from the end of any sentence of service detention— |
| |
(a) | that has been passed on the person on a previous occasion; or |
| |
(b) | (in the case of the Court Martial) that the court passes on the person on |
| |
| 35 |
(4) | Where the Summary Appeal Court commits a person to service custody under |
| |
section 307 it may direct that the committal shall take effect from the end of any |
| |
sentence of service detention that has been passed on the person on a previous |
| |
| |
(5) | A court imposing a fine under section 307 may make an order under section |
| 40 |
250 (power to allow payment by instalments), and in relation to such a fine |
| |
section 250(2) to (7) have effect as if any reference to a service compensation |
| |
| |
(6) | In the provisions mentioned in subsection (7)— |
| |
| |
| |
|
| |
| |
(a) | any reference to a sentence of service detention includes a reference to |
| |
a committal to service custody under section 307; and |
| |
(b) | references to persons sentenced to service detention are to be read |
| |
| |
(7) | Those provisions are— |
| 5 |
section 292 (rank or rate while in custody pursuant to sentence); |
| |
section 294 (prohibition of detention in a prison, etc); |
| |
section 298 (service custody etc rules); |
| |
section 299 (duration of sentences: persons unlawfully at large); |
| |
section 300 (remission on passing of custodial sentence); |
| 10 |
section 301 (arrest by service police of persons unlawfully at large); |
| |
section 316 (arrest by civilian police of persons unlawfully at large). |
| |
| |
Arrest and Detention by Civil Authorities |
| |
Arrest for service offences |
| 15 |
311 | Arrest by civilian police under warrant of judge advocate |
| |
(1) | Where a judge advocate is satisfied by evidence given under oath or |
| |
affirmation that there are reasonable grounds for doing so, he may issue a |
| |
warrant for the arrest of a person who is reasonably suspected of having |
| |
committed a service offence. |
| 20 |
(2) | A warrant issued under this section— |
| |
(a) | shall be addressed to an officer or officers of a UK police force or British |
| |
overseas territory police force; and |
| |
(b) | shall specify the name of the person for whose arrest it is issued and the |
| |
offence which he is alleged to have committed. |
| 25 |
(3) | The Secretary of State may make rules with respect to the practice and |
| |
procedure which is to apply in connection with warrants issued under this |
| |
| |
(4) | A person arrested under a warrant issued under this section must as soon as |
| |
practicable be transferred to service custody. |
| 30 |
Arrest etc for desertion or absence without leave |
| |
312 | Arrest by civilian police of deserters and absentees without leave |
| |
(1) | An officer of a UK police force or British overseas territory police force may |
| |
arrest without a warrant a person (“a relevant suspect”) who is reasonably |
| |
suspected of being a person subject to service law who has deserted or is absent |
| 35 |
| |
(2) | If an authorised person is satisfied by evidence given under oath or affirmation |
| |
that a relevant suspect is or is reasonably suspected of being within his |
| |
jurisdiction, he may issue a warrant for the arrest of the relevant suspect. |
| |
| |
| |
|
| |
| |
(3) | In subsection (2) “authorised person” means a person who has authority in a |
| |
relevant territory to issue a warrant for the arrest of a person suspected of an |
| |
| |
(4) | A person arrested under this section must as soon as practicable be brought |
| |
before a court of summary jurisdiction in the relevant territory in which he was |
| 5 |
| |
(5) | In this section “relevant territory” means— |
| |
| |
| |
| 10 |
| |
(e) | a British overseas territory. |
| |
313 | Deserters and absentees without leave surrendering to civilian police |
| |
| |
(a) | a person surrenders to a civilian policeman as being a person subject to |
| 15 |
service law who has deserted or is absent without leave, and |
| |
(b) | the surrender occurs at a place in a relevant territory which is not a |
| |
| |
| he must be taken to a police station. |
| |
(2) | Subsection (3) applies where a person— |
| 20 |
(a) | is brought to a police station under subsection (1), or |
| |
(b) | surrenders to a civilian policeman, at a police station in a relevant |
| |
territory, as being a person subject to service law who has deserted or |
| |
| |
(3) | The person in charge of the police station, or a person authorised by him, must |
| 25 |
| |
(4) | If it appears to the person considering the case that the person who has |
| |
surrendered is a person subject to service law who has deserted or is absent |
| |
| |
(a) | arrange for him to be transferred to service custody; |
| 30 |
(b) | arrange for him to be brought, as soon as practicable, before a court of |
| |
summary jurisdiction in the relevant territory in which the police |
| |
| |
(c) | release him subject to a condition that he reports, at or by such time as |
| |
may be specified in the condition, to such place or person as may be so |
| 35 |
specified for the purpose of enabling him to be taken into service |
| |
| |
(5) | In this section “civilian policeman” means an officer of a UK police force or |
| |
British overseas territory police force. |
| |
(6) | In this section “relevant territory” has the same meaning as in section 312. |
| 40 |
314 | Proceedings before civilian court where person suspected of illegal absence |
| |
(1) | This section applies where a person is brought before a court of summary |
| |
jurisdiction in a relevant territory under section 312(4) or 313(4)(b). |
| |
| |
| |
|
| |
| |
(2) | Subsection (3) applies if— |
| |
(a) | the person admits to the court that he is a person subject to service law |
| |
who has deserted or is absent without leave; or |
| |
(b) | the court has in its possession evidence of a description prescribed by |
| |
regulations made by the Secretary of State. |
| 5 |
(3) | Where this subsection applies— |
| |
(a) | if the person is not in custody for some other cause, the court must |
| |
| |
(i) | arrange for him to be transferred to service custody; or |
| |
(ii) | release him subject to a condition that he reports, at or by such |
| 10 |
time as may be specified in the condition, to such place or |
| |
person as may be so specified for the purpose of enabling him |
| |
to be taken into service custody; |
| |
(b) | if the person is in custody for some other cause, the court may arrange |
| |
for him to be transferred to service custody. |
| 15 |
(4) | Where subsection (3) does not apply— |
| |
(a) | if the person is not in custody for some other cause, the court must |
| |
| |
(b) | if the person is in custody for some other cause, the court may release |
| |
| 20 |
(5) | If there is likely to be a delay before a person can be transferred to service |
| |
custody under subsection (3)(a)(i) or (b), the court may commit him to be held |
| |
in custody pending his transfer— |
| |
| |
(b) | in a police station, or |
| 25 |
(c) | in any other place provided for the confinement of persons in custody, |
| |
| which is situated in the relevant territory in which the court is situated. |
| |
(6) | The release of a person under subsection (4) does not prevent him from being |
| |
subsequently arrested under section 67, or under a warrant issued under |
| |
section 311, as a person who is reasonably suspected of having committed an |
| 30 |
offence under section 8 or 9. |
| |
(7) | In this section “relevant territory” has the same meaning as in section 312. |
| |
315 | Warrant for the arrest of persons released under section 313(4)(c) or |
| |
| |
(1) | Where a person who is released under section 313(4)(c) or 314(3)(a)(ii) fails to |
| 35 |
comply with the condition subject to which he was released, a warrant for his |
| |
| |
(a) | where he was released under section 313(4)(c), by a judge advocate; |
| |
(b) | where he was released under section 314(3)(a)(ii), by a judge advocate |
| |
or by a person who is authorised to issue the warrant by the court that |
| 40 |
| |
(2) | A warrant issued under this section— |
| |
(a) | shall be addressed to an officer or officers of a UK police force or British |
| |
overseas territory police force; and |
| |
(b) | shall specify the name of the person for whose arrest it is issued. |
| 45 |
| |
| |
|
| |
| |
(3) | The Secretary of State may make rules with respect to the practice and |
| |
procedure which is to apply in connection with warrants issued under this |
| |
section by judge advocates. |
| |
(4) | A person arrested under a warrant issued under this section must as soon as |
| |
practicable be transferred to service custody. |
| 5 |
Arrest of persons unlawfully at large |
| |
316 | Arrest by civilian police of persons unlawfully at large |
| |
(1) | A person who has been sentenced to service detention and who is unlawfully |
| |
| |
(a) | may be arrested without a warrant by an officer of a UK police force or |
| 10 |
British overseas territory police force; and |
| |
(b) | may be taken to the place in which he is required in accordance with |
| |
| |
(2) | Section 299(4) (cases where persons temporarily released from service |
| |
detention are unlawfully at large) applies for the purposes of this section. |
| 15 |
| |
317 | Certificates in connection with transfer to service custody etc |
| |
(1) | The Secretary of State may by regulations make provision requiring a |
| |
certificate to be supplied when a person— |
| |
(a) | is transferred to service custody under this Chapter; or |
| 20 |
(b) | is released under section 313(4)(c) or 314(3)(a)(ii). |
| |
(2) | Regulations under this section may in particular make provision with respect |
| |
| |
(a) | the information to be included in a certificate; |
| |
(b) | the person who is to sign a certificate; |
| 25 |
(c) | the person to whom a certificate is to be supplied; |
| |
(d) | the payment of a fee for the supply of a certificate. |
| |
318 | Power to use reasonable force |
| |
Where a power of arrest is conferred on any person by virtue of this Chapter, |
| |
he may use reasonable force, if necessary, in the exercise of the power. |
| 30 |
| |
Powers of the Criminal Cases Review Commission |
| |
319 | Powers of the Criminal Cases Review Commission |
| |
Schedule 11 (powers of the Criminal Cases Review Commission) has effect. |
| |
| |
| |
|
