Section 109 Custody during proceedings of Court Martial or Service Civilian CourtC1I1I2
In relation to a review under section 108(1) which takes place between—
the arraignment of the accused before the Court Martial or the Service Civilian Court, and
the conclusion of proceedings before the court,
section 105(2) to (6) (as applied by section 108(4)) apply with the following modifications.
The reference in section 105(2) to conditions A to C is to be read as a reference to conditions A to D.
Where the accused is awaiting sentence—
references in section 105(4)(a) and (5) to an offence with which the accused is charged are to be read as references to the offence for which he is awaiting sentence; and
section 105(4)(d) does not apply.
Annotations
Modifications
- C1
Pt. 4 modified by 1968 c. 20, s. 20(1G)(1H) (as substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 21(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4)
Commencement
- I1
S. 109 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
- I2
S. 109 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
Notes on the whole Act
Textual amendments
- F1
Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)
Notes on Part 4
Modifications
- C2
Pt. 4 modified (1.8.2013) by The Armed Forces (Retrial for Serious Offences) Order 2013 (S.I. 2013/1852), arts. 1, 25(3)(4) (with art. 3)
- C3
Pt. 4 applied (with modifications) (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 3
Notes on Chapter 2
Modifications
- C2
Pt. 4 modified (1.8.2013) by The Armed Forces (Retrial for Serious Offences) Order 2013 (S.I. 2013/1852), arts. 1, 25(3)(4) (with art. 3)