Armed Forces Discipline Act 2000 (repealed)
For section 75 of the Army Act 1955 (provisions for avoiding delay after arrest) there is substituted—
For section 75 of the Air Force Act 1955 (provisions for avoiding delay after arrest) there is substituted—
After section 47 of the 1957 Act there is inserted—
After section 75E of the Army Act 1955 there is inserted—
After section 75E of the Air Force Act 1955 there is inserted—
After section 47F of the 1957 Act there is inserted—
After section 75F of the Army Act 1955 there is inserted—
After section 75F of the Air Force Act 1955 there is inserted—
After section 47G of the 1957 Act there is inserted—
After section 75G of the Army Act 1955 there is inserted—
After section 75G of the Air Force Act 1955 there is inserted—
After section 47H of the 1957 Act there is inserted—
After section 75H of the Army Act 1955 there is inserted—
After section 75H of the Air Force Act 1955 there is inserted—
After section 47J of the 1957 Act there is inserted—
After section 75J of the Army Act 1955 there is inserted—
After section 75J of the Air Force Act 1955 there is inserted—
After section 47K of the 1957 Act there is inserted—
After section 75K of each of the 1955 Acts there is inserted—
After section 47L of the 1957 Act there is inserted—
After section 75L of each of the 1955 Acts there is inserted—
After section 47M of the 1957 Act there is inserted—
In section 187 of the Army Act 1955 (civil court proceedings for illegal absence from army)— there is substituted “, where it is unable to do so, adjourn the proceedings and remand him for such time as appears reasonably necessary for the purpose of arranging for him to be delivered into military custody.”
in subsection (2) for the words from “commit” to the end, and
in subsection (3) for “commit him as aforesaid”,
In section 187 of the Air Force Act 1955 (civil court proceedings for illegal absence from air force)— there is substituted “, where it is unable to do so, adjourn the proceedings and remand him for such time as appears reasonably necessary for the purpose of arranging for him to be delivered into air-force custody.”
in subsection (2) for the words from “commit” to the end, and
in subsection (3) for “commit him as aforesaid”,
In section 109 of the 1957 Act (civil court proceedings for illegal absence from navy)—
for subsection (1)(b) there is substituted—,
subsection (2) is omitted, and
in subsection (3)(a) for “commit him as provided by subsection (1) of this section” there is substituted “, where it is unable to do so, adjourn the proceedings and remand him for such time as appears reasonably necessary for the purpose of arranging for him to be delivered into naval custody”.
In Schedule 2 to the Reserve Forces Act 1996 (deserters and absentees without leave from reserve fores)—
for paragraph 4(2)(b) there is substituted—, and
in paragraph 5(3) for “commit him as mentioned in paragraph 4(2)(b)” there is substituted “, where it is unable to do so, adjourn the proceedings and remand him for such time as appears reasonably necessary for the purpose of arranging for him to be delivered into such custody”.
Schedule 1 to this Act (which makes further amendments of the 1955 Acts and the 1957 Act in relation to custody) shall have effect.
After section 76A of the Army Act 1955 there is inserted—
After section 76A of the Air Force Act 1955 there is inserted—
In section 76B of each of the 1955 Acts (summary dealings)—
subsections (5), (6) and (8) are omitted,
in subsection (7), for the words from the beginning to “authority” there is substituted “If the commanding officer or appropriate superior authority determines that the charge has been proved, he”, and
in subsection (10), after “76A” there is inserted “or 76AA”.
In section 52D of the 1957 Act (summary trial), after subsection (2) there is inserted—
In subsection (3) of that section for “so elects” there is substituted “elects court-martial trial”.
After section 85 of each of the 1955 Acts there is inserted—
In section 85(1) of each of the 1955 Acts (powers of general courts-martial) for “and to award” there is substituted “and, subject to section 85A below, to award”.
After section 62 of the 1957 Act there is inserted—
Schedule 2 to this Act (which makes amendments of the 1955 Acts and the 1957 Act relating to the functions of the prosecuting authority) shall have effect.
After section 83 of each of the 1955 Acts there is inserted—
After section 52F of the 1957 Act there is inserted—
After section 83ZA of each of the 1955 Acts there is inserted—
After section 52FF of the 1957 Act there is inserted—
After section 83ZB of the Army Act 1955 there is inserted—
After section 83ZB of the Air Force Act 1955 there is inserted—
After section 52FG of the 1957 Act there is inserted—
After section 83ZC of each of the 1955 Acts there is inserted—
After section 52FH of the 1957 Act there is inserted—
After section 83ZD of each of the 1955 Acts there is inserted—
After section 52FJ of the 1957 Act there is inserted—
After section 83ZE of each of the 1955 Acts there is inserted—
After section 52FK of the 1957 Act there is inserted—
After section 83ZF of each of the 1955 Acts there is inserted—
After section 52FL of the 1957 Act there is inserted—
After section 83ZG of each of the 1955 Acts there is inserted—
After section 52FM of the 1957 Act there is inserted—
After section 83ZH of each of the 1955 Acts there is inserted—
After section 52FN of the 1957 Act there is inserted—
After section 83ZJ of each of the 1955 Acts there is inserted—
After section 52FP of the 1957 Act there is inserted—
After section 83ZK of each of the 1955 Acts there is inserted—
After section 52FQ of the 1957 Act there is inserted—
Schedule 3 to this Act (which makes further amendments of the 1955 Acts and the 1957 Act in relation to the summary appeal courts) shall have effect.
In this Act—
“the 1955 Acts” means the Army Act 1955 and the Air Force Act 1955;
Section 10.
In section 57 of the Army Act 1955 (offences in relation to court-martial) after subsection (3) there is inserted— In section 57 of the Air Force Act 1955 (offences in relation to court-martial) after subsection (3) there is inserted—
In section 82(1) of each of the 1955 Acts (meaning of “commanding officer”) after “charged with” there is inserted “, or in custody in connection with,”.
Section 101 of each of the 1955 Acts (offences by civilians in relation to courts-martial) is renumbered as subsection (1) of that section and at the end of that provision there is inserted—
Section 209(3) of each of the 1955 Acts (application of Act to civilians) is amended as follows. After paragraph (c) there is inserted— In paragraph (f) after “relating to” there is inserted “custody and”.
In section 225(1) of the Army Act 1955 (general provisions as to interpretation)— In section 223(1) of the Air Force Act 1955 (general provisions as to interpretation)—
In section 38 of the 1957 Act (offences in relation to courts-martial) after subsection (3C) there is inserted—
Section 46 of the 1957 Act is omitted.
Section 52E of the 1957 Act (commanding officers) is amended as follows. In subsection (1)— In subsection (2)(a) for “an accused” there is substituted “a person charged with, or in custody in connection with, an offence”. After subsection (3) there is inserted—
In section 65 of the 1957 Act (contempt of court-martial by civilians) after subsection (5) there is inserted—
In section 116 of the 1957 Act (application to deserters etc. from Commonwealth and colonial naval forces) in subsection (1) after “arrest” there is inserted “, custody”.
In section 135(1) of the 1957 Act (general interpretation)—
in the definition of “the commanding officer” after “charged with” there is inserted “, or in custody in connection with,”,
“judicial officer” means a person appointed under section 47M of this Act;
“the relevant time” in relation to a person arrested under section 45 of this Act, means the time of the arrest;
After paragraph 3 of Schedule 4 to the 1957 Act (application of Act to certain civilians) there is inserted—
Section 13.
In section 83B of each of the 1955 Acts (functions of the prosecuting authority), in subsection (2), for the words from “to record” to the end there is substituted “to deal summarily with the preliminary charge”. In subsection (3) of that section, for the words from “for which” to the end there is substituted “which would have been dealt with summarily had the accused not elected court-martial trial”. In subsection (4) of that section— After subsection (9) of that section there is inserted— For subsection (13) of that section there is substituted—
In section 52I of the 1957 Act (functions of prosecuting authority), in subsection (4) after “and” there is inserted “(subject to section 52II of this Act)”. After subsection (8) of that section there is inserted— For subsection (12) of that section there is substituted—
After section 83B of each of the 1955 Acts there is inserted—
After section 52I of the 1957 Act there is inserted—
“the 1957 Act” means the Naval Discipline Act 1957.
The enactments specified in Schedule 4 are hereby repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Armed Forces Discipline Act 2000.
This Act, except this section and section 26, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.
An order under subsection (2)—
may appoint different days for different purposes, and
may contain such transitional provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with any provision brought into force by the order.