Office of Public Sector Information
PART 3 continued
(2) Regulations shall provide—
(a) that a legal or other representative against whom action is taken by a court-martial under subsection (1) may appeal to the Courts-Martial Appeal Court, and
(b) that a legal or other representative against whom action is taken by a summary appeal court or a Standing Civilian Court under subsection (1) may appeal to the High Court in England and Wales.
(3) In this section—
“legal or other representative”, in relation to any proceedings, means—
a person who is exercising a right of audience, or a right to conduct litigation, on behalf of any party to the proceedings, or
a prosecuting officer appointed under section 83C of either of the 1955 Acts or under section 52J of the 1957 Act;
“regulations” means regulations made by the Secretary of State;
“wasted costs” means any costs incurred by a party—
as a result of any improper, unreasonable or negligent act or omission on the part of any representative or any employee of a representative; or
which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.
(1) Where any of Her Majesty’s forces incurs costs in respect of the exercise by the prosecuting authority of its functions as a party to proceedings under the services Acts, those costs shall, subject to any provision made by virtue of subsection (2), be taken for the purposes of sections 26 and 27 to have been incurred by the prosecuting authority.
(2) Regulations under section 26 or 27 may make provision—
(a) as to the costs incurred by any of Her Majesty’s forces which are or are not to be taken for the purposes of that section to have been incurred by the prosecuting authority, and
(b) as to the person to whom, or account into which, any payment in respect of costs incurred by the prosecuting authority is to be made.
(3) In this section “the prosecuting authority” means the prosecuting authority appointed under section 83A of either of the 1955 Acts or section 52H of the 1957 Act, as the case requires.
(4) In section 103 of each of the 1955 Acts (court-martial rules), in subsection (2) after paragraph (m) there is inserted—
“(mm) enabling any jurisdiction conferred on a court-martial by virtue of sections 26 to 28 of the Armed Forces Act 2001 to be exercised by the judge advocate sitting alone;”.
(5) In section 58 of the 1957 Act (court-martial rules), in subsection (2) after paragraph (n) there is inserted—
“(nn) enabling any jurisdiction conferred on a court-martial by virtue of sections 26 to 28 of the Armed Forces Act 2001 to be exercised by the judge advocate sitting alone;”.
Schedule 4 (which contains amendments of the 1955 Acts and the 1957 Act relating to custody) shall have effect.
(1) The Secretary of State may by order make provision enabling a person who has been sentenced by a court-martial, a summary appeal court or a Standing Civilian Court (in this section referred to as “the convicted person”) to be released from custody subject to conditions pending a relevant determination.
(2) In subsection (1), “relevant determination” means—
(a) in the case of a person sentenced by a court-martial—
(i) the determination of an appeal to the Courts-Martial Appeal Court, or
(ii) the completion of a review under section 113 of either of the 1955 Acts or section 70 of the 1957 Act of any finding of guilt or any sentence,
(b) in the case of a person sentenced by a summary appeal court, the determination of an appeal to the High Court under section 83ZH(2) of either of the 1955 Acts or section 52FN(2) of the 1957 Act or of any appeal from the High Court to the House of Lords under section 1 of the Administration of Justice Act 1960 (c. 65), and
(c) in the case of a person sentenced by a Standing Civilian Court—
(i) the determination of an appeal to a court-martial or of an appeal from a court-martial to the Courts-Martial Appeal Court, or
(ii) the completion of a review under paragraph 20 of Schedule 3 to the Armed Forces Act 1976 (c. 52) of any finding or sentence.
(3) An order under this section may, in particular, make provision—
(a) as to the court to which or person to whom any application for release from custody is to be made,
(b) as to the manner in which any such application is to be made,
(c) as to the criteria to be applied when making a decision under the order,
(d) as to the conditions that may be imposed,
(e) as to the enforcement of the attendance or return to custody of the convicted person,
(f) as to appeals against decisions taken under the order, and
(g) for the time during which the convicted person is released from custody to be disregarded in computing the term of any sentence to which he is for the time being subject.
(4) An order under this section may—
(a) make provision equivalent to that made by any provision of the Bail Act 1976 (c. 63), the Magistrates' Courts Act 1980 (c. 43) or the Supreme Court Act 1981 (c. 54) relating to bail in criminal proceedings, subject to such modifications as may be specified in the order,
(b) make different provision in relation to different courts,
(c) confer powers of arrest,
(d) subject to subsection (6), create offences punishable with imprisonment for such term not exceeding two years as may be prescribed or by any less punishment provided by the 1955 Acts or the 1957 Act, and
(e) make such amendments of the 1955 Acts, the 1957 Act, the Courts-Martial (Appeals) Act 1968 (c. 20) or the Armed Forces Act 1976 (c. 52) as appear to the Secretary of State to be necessary or appropriate in consequence of the order.
(5) Subsection (4)(d) is to be construed in accordance with section 71(1) of the 1955 Acts and section 43 of the 1957 Act.
(6) An order under this section may not make provision enabling a Standing Civilian Court to award by sentence—
(a) imprisonment for a term exceeding six months, or
(b) a fine exceeding £5,000.
(7) In section 42 of the Courts-Martial (Appeals) Act 1968 (bail) there are omitted—
(a) in subsection (1), the words “to whom this section applies”, and
(b) subsection (2).
Armed Forces Act 2001