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19

 
 

(2B)    

Rules made by virtue of subsection (2)(ba) or (no) may confer

 

jurisdiction on the Courts-Martial Appeal Court, and rules under

 

section 49 of the Courts-Martial (Appeals) Act 1968 may make

 

provision about the powers of that court in relation to appeals

 

made by virtue of subsection (2)(ba) or (no).”

 

19O      

After section 58 of that Act insert—

 

“58A  

Preliminary hearings as to plea

 

(1)    

Subsections (2) to (4) apply in relation to a charge against a

 

person (“the accused”) preferred by the prosecuting authority.

 

(2)    

The accused shall be arraigned at a hearing before a judge

 

advocate.

 

(3)    

That hearing may take place at any time before the time when the

 

court-martial that is to try the charge first sits.

 

(4)    

The arraignment is to be treated as having occurred before the

 

court-martial.

 

(5)    

Rules under section 58 may make provision for and in connection

 

with the making of orders and rulings by a judge advocate at a

 

hearing at which the accused is arraigned, including in

 

particular—

 

(a)    

provision corresponding to any provision of, or that may

 

be made by virtue of, sections 31, 33, 34 and 37 of the

 

Criminal Procedure and Investigations Act 1996, subject

 

to such modifications as the Secretary of State considers

 

appropriate;

 

(b)    

provision for the variation or discharge of such orders

 

and rulings.

 

(6)    

The reference in subsection (1) to a charge preferred by the

 

prosecuting authority includes—

 

(a)    

a charge substituted by the prosecuting authority; and

 

(b)    

where a charge is amended by the prosecuting authority

 

before the accused is arraigned in respect of it, the charge

 

as so amended.

 

(7)    

Nothing in this section applies in relation to a charge preferred or

 

substituted after the time when the court-martial first sits.”

 

19P      

In section 59(4A) of that Act (challenge by accused), for “Judge Advocate

 

of Her Majesty’s Fleet” substitute “Judge Advocate General”.

 

19Q      

In section 63A(5)(b) of that Act (powers to deal with person unfit to stand

 

trial etc), for “Judge Advocate of Her Majesty’s Fleet” substitute “Judge

 

Advocate General”.

 

19R      

In section 64 of that Act (summoning of witnesses)—

 

(a)    

omit subsection (1);

 

(b)    

in subsection (2) for “notice under this section” substitute

 

“summons issued in accordance with rules under section 58”.

 

19S      

In section 73 of that Act (saving for functions of JAF), including in the

 

sidenote to that section, for “Judge Advocate of Her Majesty’s Fleet”

 

substitute “Judge Advocate General”.”


 
 

20

75

Page 259, line 14, at end insert—

 

“Coroners Act (Northern Ireland) 1959 (c. 15)

 

            

In section 18 of the Coroners Act (Northern Ireland) 1959 (jury to be

 

summoned in certain cases), after subsection (3) add—

 

“(4)    

This section and section 39(3) of the Prison Act (Northern

 

Ireland) 1953 (prison officers etc not to be jurors) shall apply

 

where a death occurs on service custody premises within the

 

meaning of section 298 of the Armed Forces Act 2006 as they

 

apply where a death occurs in prison.””

76

Page 276, leave out lines 27 to 36 and insert—

 

““(g)    

in section 6E as it applies by virtue of paragraph

 

(c) above, subsection (2) were omitted and the

 

reference in subsection (1) to any place were to—

 

(i)    

service living accommodation (as defined

 

by section 96 of the Armed Forces Act

 

2006), or

 

(ii)    

premises occupied as a residence (alone or

 

with other persons) by the person on

 

whom the requirement is to be imposed or

 

the person to be arrested.””

Schedule 17

77

Page 313, line 34, at end insert—

 

“Armed Forces Act 2006

In Schedule 16, paragraphs 19A to 19S and

 
  

158.”

 

 
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