House of Commons portcullis
House of Commons
Session 2005 - 06
Internet Publications
Other Bills before Parliament





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).”



After section 58 of that Act insert—



Preliminary hearings as to plea



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


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



The accused shall be arraigned at a hearing before a judge





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


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



The arraignment is to be treated as having occurred before the





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





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





provision for the variation or discharge of such orders


and rulings.



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


prosecuting authority includes—



a charge substituted by the prosecuting authority; and



where a charge is amended by the prosecuting authority


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


as so amended.



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


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



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


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



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”.



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



omit subsection (1);



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


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



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”.”




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—



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.””


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



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—



service living accommodation (as defined


by section 96 of the Armed Forces Act


2006), or



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


Page 313, line 34, at end insert—


“Armed Forces Act 2006

In Schedule 16, paragraphs 19A to 19S and




previous section contents
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2006
Revised 7 November 2006