The purpose of this Act is—

Part 1 deals with preliminary matters, establishes the Court Martial, provides for the appointment of Judges of the Court Martial, sets out the composition of the Court Martial for proceedings (including the procedure for the assignment of military members), and states the duties of members of the court.

Part 2 relates to the jurisdiction of the Court Martial, the procedural requirements for the court, and the court’s powers in relation to proceedings (for example, the power to grant bail).

Part 3 sets out various miscellaneous and administrative provisions (including provisions for transitional matters, the repeal of Part 6 of the Armed Forces Discipline Act 1971, and consequential amendments to other enactments).

This section is only a guide to the general scheme and effect of this Act.

In this Act, unless the context otherwise requires,—

Any term or expression that is defined in the 1971 Act and used, but not defined, in this Act has the same meaning as in the 1971 Act.

This Act is to be read in conjunction with the 1971 Act.

Unless the context otherwise requires, the provisions of the 1971 Act and any regulations made under that Act apply to the extent that they are applicable and with any necessary modifications.

However, if there is any inconsistency between the provisions of this Act and any provisions of the 1971 Act or any regulations made under that Act, this Act prevails.

This section applies in addition to, and does not limit, section 5(2).

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

This Act binds the Crown.

A court of record called the Court Martial of New Zealand is established.

In addition to the jurisdiction and powers specially conferred on the Court Martial by this or any other Act, the court has all the powers inherent in a court of record.

For the purposes of any proceedings in the Court Martial, the court must sit in divisions each comprising 1 Judge.

Each division of the Court Martial may exercise all the powers of the court.

A division of the Court Martial may exercise any powers of the court even though 1 or more divisions of the court are exercising any powers of the court at the same time.

The Court Martial comprises—

The Court Martial’s jurisdiction is not affected by a vacancy in the number of its Judges.

A person must not be appointed as a Judge unless he or she—

A District Court Judge who is appointed as a Judge of the Court Martial may sit as, or exercise any of the powers of, a District Court Judge.

The Governor-General may, by warrant, appoint a person as the Chief Judge.

A person must not be appointed as the Chief Judge unless he or she—

The Governor-General may, by warrant, appoint 1 or more Deputy Chief Judges.

A person must not be appointed as a Deputy Chief Judge unless he or she—

A Deputy Chief Judge may act in place of the Chief Judge if,—

While acting in place of the Chief Judge, a Deputy Chief Judge—

The Governor-General may, by warrant, appoint a person as a Judge.

Judges who are appointed under this section have seniority among themselves according to the dates of their appointment.

A Judge may not be removed from office except by the Sovereign or the Governor-General, acting upon the address of the House of Representatives.

An address under subsection (1) may be moved only on the ground of—

A Judge must not undertake any other paid employment or hold any other office (whether paid or not) unless the Governor-General is satisfied that the employment or other office is compatible with judicial office.

Subsection (1) is subject to section 11(2).

A Judge has all the immunities of a Judge of the High Court.

Each Judge, except the Chief Judge, must retire from office on attaining the age of 70 years.

The Chief Judge must retire from office on attaining the age of 75 years.

Each Judge is to be paid, out of public money, without further authority than this section,—

In the case of the Chief Judge or a Deputy Chief Judge, the rate of salary and the allowances determined may be higher than those for the other Judges.

The salary of a Judge is not to be reduced while the Judge holds office.

The salary and allowances payable for a period during which a Judge acts on a part-time basis must be calculated and paid on a pro rata basis as a proportion of the salary and allowances for a full-time equivalent position.

For the purpose of subsection (3), the payment of salary and allowances on a pro rata basis under subsection (4) is not a reduction of salary.

Any determination made under subsection (1), and any provision of the determination, may be made so as to come into force on a date specified in the determination, being the date of the making of the determination or any other date, whether before or after the date of the making of the determination or the date of the commencement of this section.

Every determination made under subsection (1), and every provision of the determination, for which no date is specified under subsection (6) comes into force on the date of the making of the determination.

For the purpose of any trial in the Court Martial and of any proceedings under section 63, the court must consist of—

For the purpose of any other proceedings in the Court Martial, the court may consist of 1 Judge.

The Chief Judge must assign the Judge for the proceedings.

The Registrar must assign the military members in accordance with sections 22 to 26 and, as the case may be, section 28.

A person is qualified to sit as a military member only if he or she—

A person is disqualified to sit as a military member if he or she—

In any proceedings in the Court Martial where the accused is an officer, the Registrar must assign—

In any proceedings in the Court Martial where the accused is a rating, soldier, or airman, the Registrar may assign—

Unless the Registrar is of the opinion that it is not reasonably practicable to do so, the Registrar—

This section applies if—

The Registrar may assign an officer of a force of another State to be a military member if that State has been declared to be serving together with a New Zealand force under section 23B of the Defence Act 1990.

However, only 1 officer may be assigned as a military member under subsection (2), and that person may not be assigned unless he or she has served as an officer for a period of more than 3 years (whether continuously or in aggregate).

The Registrar must give written notice to—

The notice under subsection (1)(a) must state that—

The notices under subsection (1)(b) and (c) must—

The accused or the Director of Military Prosecutions may object to the Registrar about the assignment of any person as a military member on the ground that the person—

An objection under subsection (1) must—

On receiving an objection made in accordance with subsection (2), the Registrar must—

If the Registrar accepts the objection, the Registrar must—

To avoid doubt, the impugned person must be treated as if that person had retired from the Court Martial on the date on which the notice under subsection (4)(b)(ii) is given.

If the Registrar rejects the objection,—

The Registrar may, before the accused has entered a plea to the charge at the trial, assign—

A substitute military member may be assigned to fill a vacancy in the military membership of the Court Martial if a military member—

The accused or the Director of Military Prosecutions may object to the Registrar about the assignment of any person as a substitute military member and the provisions of section 27 apply, with all necessary modifications, to that substitute military member.

If, after the accused has entered a plea to the charge at the trial, a military member is unable to continue for one of the reasons specified in subsection (2), the Judge must discharge all of the military members and refer the charge back to the Director of Military Prosecutions.

The Director of Military Prosecutions may—

If subsection (5)(b) applies, the Registrar must assign new military members in accordance with sections 22 to 26 and, as the case may be, section 28.

A Judge must act impartially at all times.

A Judge must be present whenever the Court Martial is sitting, whether in open or closed court, except when the court is deliberating on its findings at a trial or on a reconsideration of its findings.

A Judge must (without prejudice to the Judge’s duty under the rules of procedure) take all necessary steps to ensure that the defence of the accused is not prejudiced by the ignorance of the accused, or by any incapacity of the accused to state his or her case intelligibly or to question witnesses, or in any other way.

A Judge may call or recall any witness that he or she considers should be questioned on any matter that the Judge considers requires clarification.

A Judge must ensure that a proper record of any proceeding is made and is kept in safe custody in accordance with the rules of procedure.

A Judge must ensure that a trial is conducted—

In particular, a Judge must act as follows:

For the purposes of subsection (2)(d), a Judge—

Despite subsection (2)(e), a Judge must not prevent the accused from impeaching the evidence or motive of any witness, or charging any other person with any blame or criminality, if to do so is a part of the case for the defence (although the Judge may caution the accused of his or her liability to cross-examination if he or she follows that course).

A military member must at all times—

In particular, a military member—

A military member may ask questions to clarify any matters at the trial.

A military member commits a contempt of the Court Martial if that person fails, without reasonable excuse, to—

For the purposes of subsection (1), the period of a person’s membership of the Court Martial—

If a military member is alleged to have committed a contempt of the Court Martial under subsection (1), the Judge—

The penalty for contempt of the Court Martial under this section is imprisonment for a term not exceeding 21 days or a fine not exceeding $1,000.

To avoid doubt, a military member found guilty of contempt of the Court Martial under this section must be treated as if that person had retired from his or her membership of the court on the date of that finding.

The most senior officer assigned by the Registrar as a military member is to be the senior military member of the Court Martial.

The other persons assigned by the Registrar as military members have seniority among themselves according to their rank and according to their seniority within that rank.

The senior military member must submit a written report on any command issues that arise in the course of any proceedings before the Court Martial to the superior commander who referred the charges that are the subject of those proceedings to the Director of Military Prosecutions.

The superior commander must forward a copy of a report under subsection (1) to—

This section is subject to section 35.

This section applies to information about the way in which a military member, in the course of any proceedings before the Court Martial,—

Any information to which this section applies must not be taken into account in any decision that affects, or is likely to affect, the conditions of service within the Armed Forces of the military member to whom that information relates.

Conditions of service includes prospects of promotion, postings, or career enhancements.

The Court Martial has the jurisdiction conferred by section 78 of the 1971 Act.

In addition, the Court Martial must sit to hear and determine—

The Court Martial—

Despite subsection (1)(b), the Court Martial may sit in the absence of the accused if the accused misconducts himself or herself by so interrupting the proceedings as to render the continuation of those proceedings in his or her presence impracticable.

Subsection (1)(b) and (d) are subject to the rules of procedure.

A sitting of the Court Martial may be adjourned from time to time and from place to place.

The Court Martial must hold its proceedings in closed court while—

The Court Martial may hold its proceedings in closed court on any other deliberation.

When the Court Martial holds its proceedings in closed court, only the following persons may be present:

In any proceedings in the Court Martial, the Judge may make any of the orders specified in subsection (2) limiting the scope of open court if the Judge considers that—

The orders referred to in subsection (1) are as follows:

However, the Judge may make an order specified in subsection (2)(c) that has the effect of excluding any accredited news media reporter from the proceedings only on the grounds specified in subsection (1)(a), but not on any of the grounds specified in subsection (1)(b).

An order specified in section 39(2) limiting the scope of open court—

Section 42 applies to any proceedings under the 1971 Act (a case involving sexual violation) in which a person is charged with, or is to be sentenced for, an offence against—

While the complainant in a case involving sexual violation is giving oral evidence (whether in chief or under cross-examination or on re-examination), no person may be present except the following:

Before the complainant in a case involving sexual violation commences to give evidence, the Judge must—

If, in a case involving sexual violation, the Judge is of the opinion that the interests of the complainant so require, he or she may make an order forbidding publication of any report or account giving details of the criminal acts alleged to have been performed on the complainant or of any acts that the complainant is alleged to have been compelled or induced to perform or consent to or acquiesce in.

This section does not limit or affect the powers of the Judge to make an order specified in section 39(2) that excludes any person from, or forbids the publication of any report or account of, the proceedings.

The Registrar must—

At the beginning of the trial, the notice under subsection (1)(b) must—

The Judge for the proceedings must—

To avoid doubt, the Judge may sit alone under subsection (1)(b) before or after the appointment of the military members.

A ruling under subsection (1) must be followed by the military members.

In this section, question of law includes any question arising in respect of—

The Judge for the proceedings or the Registrar may issue a summons requiring any person to—

A summons—

A summons to a witness may be served—

The summons must,—

If the summons is posted by registered letter, it is deemed for the purposes of subsection (2)(b) to be served at the time when the letter would be delivered in the ordinary course of post.

An oath in the prescribed form must be administered to—

Every witness before the court must be examined on oath administered in the prescribed form.

If the court considers that a child who is called as a witness does not understand the nature of an oath, the child’s evidence may be received even though it is not given on oath, so long as the court is of the opinion that the child—

If any person referred to in subsection (1) or (2) objects to being sworn, or it is not reasonably practicable to administer an oath to that person in a manner appropriate to his or her religious belief, the person may be permitted to make a solemn affirmation instead of swearing an oath.

The making of an affirmation under subsection (4) has the same force and effect and has the same consequences as the taking of an oath.

Every oath or affirmation required to be administered under this Act must be administered in accordance with the rules of procedure.

The Judge—

Section 55(2) applies if subsection (1)(a) applies.

If, after the beginning of a trial, the Judge dies or is otherwise unable to attend,—

If the military members are discharged under this section, they are released from their functions and duties to the court.

This section applies to a person who—

The accused is not entitled to bail as of right.

A Judge may, on application by the accused,—

In determining whether to grant bail under this section, the Judge—

The onus is on the accused to show cause why bail should be granted.

This section applies to a person (the appellant) who—

The appellant—

A Judge may, on application by the appellant,—

In determining whether to grant bail under this section, the Judge—

The onus is on the appellant to show cause why bail should be granted.

Any time during which an appellant is released from imprisonment or detention on bail pending an appeal against conviction or sentence, or both, does not count as time served under any sentence.

If an application for bail is made under section 49(3) or 50(3), the Registrar must forward a copy of the application to the Director of Military Prosecutions.

The Director of Military Prosecutions—

Before making a decision, the Judge must consider any recommendations that the Director of Military Prosecutions has made, including any recommendations on measures to prevent the escape of the person concerned should bail be granted.

A Judge may issue a warrant in the prescribed form for the arrest of a person who has been released on bail under section 49 or 50 if—

The warrant—

For the purpose of executing the warrant, a person referred to in subsection (2)(b) may, at any time, enter on to any premises, by force if necessary, if he or she has reasonable grounds to believe that the person against whom the warrant is issued is on those premises.

The person executing the warrant—

A person who is arrested under a warrant issued under section 53 must be brought before a Judge as soon as possible.

The Judge must reconsider the question of bail if satisfied that the person—

The finding of the Court Martial on a charge must be determined by the unanimous vote of the military members.

If the military members are unable to reach a unanimous decision on the charge, the Judge must refer the charge back to the Director of Military Prosecutions after discharging the military members in accordance with section 48(1)(a).

The Director of Military Prosecutions may then—

If subsection (3)(b) applies, the Registrar must assign new military members in accordance with sections 22 to 26 and, as the case may be, section 28.

This section applies if a provision of the 1971 Act provides that—

An accused charged with having committed an offence with the intent or in the circumstances involving the more severe punishment may be convicted of the offence that relates to the less severe punishment.

An accused charged with an offence may, if the circumstances warrant it, be convicted of attempting to commit that offence.

An accused charged with attempting to commit an offence may be convicted of the attempt even though it is proved that he or she actually committed the offence.

An accused charged with an offence (offence A) specified in the first column of Schedule 1 may be convicted of the corresponding offence (offence B) specified in the second column of that schedule in relation to offence A.

An accused may be convicted of an offence even though the facts proved in evidence differ from the facts alleged in the particulars of the charge, if the Court Martial considers that—

If the Court Martial records a conviction on a charge laid in the alternative, the court must—

The sentence of the Court Martial (if any) must be passed by the majority of the votes of the Judge and the military members.

However, if there is an equality of votes on the sentence, the Judge has a casting vote.

If the accused is convicted of an offence, the Court Martial may, instead of passing sentence, order the accused to appear for sentence, if called on to do so within the period specified in subsection (2).

The period referred to in subsection (1) is a period not exceeding 1 year, commencing with the date of conviction, that the Court Martial may specify in the order.

If the Court Martial makes an order under subsection (1), the court must record and attach to the record of proceedings a statement of its findings of fact in relation to the charge.

The Court Martial may make orders under section 86 or 87 of the 1971 Act in combination with an order under subsection (1).

This section applies if an offender for whom an order is made under section 62—

The Director of Military Prosecutions may, at any time within the period specified in the order, apply to the Court Martial to have the offender brought before the Court Martial to be dealt with for the original offence.

On an application under subsection (2), the offender is to be placed in close arrest and brought before the Court Martial at the time and place directed by the Registrar.

If a person appears before the Court Martial under this section and the Court Martial is satisfied of any of the matters specified in subsection (1), the Court Martial—

A person who is found guilty by the Court Martial of an offence may request the court to take into account any other offence that the person admits to having committed, if the other offence—

If a request is made under subsection (1), the court may take the other offence into account in sentencing the accused.

If the court takes the other offence into account, it must not, in passing sentence, impose a punishment of greater severity than the maximum punishment that it may impose for the offence of which the accused was found guilty.

The court may exercise, in respect of any other offence taken into account under this section, any of the powers to order payment of compensation under section 86 of the 1971 Act or the restitution of property under section 87 of that Act.

When sentencing an offender, the Court Martial must pass a sentence that is consistent with any sentencing guidelines that are relevant in the offender’s case, unless the court is satisfied that it would be contrary to the interests of justice to do so.

The Judge must announce in open court—

The Judge must give reasons for the sentence (if any) passed by the court.

Subsection (4) applies if the Court Martial sentences a person—

In delivering a sentence, the Judge must state that the dismissal does not take effect—

The Court Martial must take judicial notice of—

The Court Martial may also take judicial notice of matters that may fairly be regarded as being within the general service knowledge of members of the court.

Any accused to be tried by the Court Martial may be defended—

No proceedings before the Court Martial may—

The provisions of the Evidence Act 2006 that relate to a trial before a jury apply, to the extent that they are applicable and subject to all necessary modifications, to proceedings of the Court Martial under this Act or the 1971 Act that involve military members as if those proceedings were proceedings that involve a jury.

The provisions of the Evidence Act 2006 referred to in subsection (1)—

The rules of evidence that apply in the High Court for criminal proceedings (including the rules of evidence contained in the Evidence Act 2006 and in any other enactment containing any rule of evidence) are the rules of evidence to be followed in proceedings of the Court Martial.

Accordingly, a person is not required to answer any question or to produce any document in proceedings of the Court Martial that he or she could not be required to answer or produce in criminal proceedings before the High Court.

This section is subject to sections 72 to 74.

Despite section 71, subsections (2) to (12) apply with respect to evidence in all proceedings under this Act or the 1971 Act.

The attestation paper purporting to be signed by a person on his or her being attested as a rating, soldier, or airman in the Armed Forces of New Zealand or in any Commonwealth force, and the declaration purporting to be made by any person upon his or her re-engagement in any of the Armed Forces of New Zealand or in any Commonwealth force, is evidence of that person having given the answers to questions that he or she is represented as having given in the paper or declaration.

The enlistment of a person in any of the Armed Forces of New Zealand or in a Commonwealth force may be proved by the production of a copy of his or her attestation paper purporting to be certified to be a true copy by the officer or record officer having the custody of the attestation paper without proof of the handwriting of that officer, or of his or her having the custody of the paper.

A letter, return, or other document with respect to a person, if purporting to be issued by or on behalf of the Chief of Defence Force, or by a person authorised by the Chief of Defence Force, or by the commanding officer or the officer or record officer having the custody of the records of any portion of a Commonwealth force, or of any ship of a Commonwealth naval force to which that person appears to have belonged, or alleges that he or she belongs or had belonged, is evidence of the facts stated in that letter, return, or other document of the person—

Copies purporting to be printed under the authority of the New Zealand Government of regulations, rules, or orders made under this Act, the 1971 Act, the Defence Act 1990, or any other Act are evidence of those regulations, rules, or orders.

Any list of members of the Armed Forces published by or under the authority of the Chief of Defence Force, or published in the Gazette, is evidence of the status and rank of the members mentioned in the list or Gazette, and of any appointment held by any of those members, and of the ship, corps, or battalion or arm or branch of the service to which any of those members belongs.

Any warrants or orders made under this Act, the 1971 Act, or the Defence Act 1990 by any service authority are deemed to be evidence of the matters and things that are directed to be stated in those warrants or orders by or under this Act, the 1971 Act, or the Defence Act 1990, and any copies of any of those warrants or orders purporting to be certified to be true copies by the officer alleged to be authorised by the Chief of Defence Force to certify them, are admissible in evidence.

If an entry is made in, or a document is filed with, any service record pursuant to this Act, the 1971 Act, or the Defence Act 1990 or pursuant to a service duty, and that entry or document purports to be signed by the commanding officer or by the officer or record officer whose duty it is to make the entry or file the document, as the case may be, that entry or document is evidence of the facts stated in them.

A copy of any entry or document (including the signature of any person who has signed it) forming part of a service record and purporting to be certified to be a true copy by the officer or record officer stated in the certificate to have the custody of the record is evidence of that entry or document.

A certificate purporting to be signed by the commanding officer of any accused, or signed by any other officer authorised by that commanding officer to give the certificate, and stating the contents of any Defence Force Order, or any general, standing, daily, or routine order, or any part of the order, made in respect of any service, force, command, or formation, or any defence area or ship, or any unit, detachment, or other part of the Armed Forces, is, in the proceedings against the accused, evidence of the matters stated in the certificate.

A certificate purporting to be signed by the commanding officer of any accused, or signed by any other officer authorised by that commanding officer to give the certificate, and stating the contents of any part of any Defence Manual, is, in the proceedings against the accused, evidence of the matters stated in the certificate.

If the issue or one of the issues in the proceedings relates to the navigation of one of Her Majesty’s New Zealand ships, a navigation report prepared by a competent officer or officers appointed in accordance with the rules of procedure is evidence of the matters stated in the report.

Despite section 71, subsections (2) and (3) apply with respect to evidence in all proceedings under this Act or the 1971 Act against a member of the Armed Forces who has been arrested by, or who has surrendered to, the New Zealand Police.

If the member has been taken to a police station in any place in New Zealand or elsewhere or has on surrender been taken into custody at any police station, then, for the purposes of any proceedings against that member, a certificate purporting to be signed by the member of the police in charge of that police station, and stating the fact, date, and place of the arrest or surrender, is evidence of the matters so stated.

Any certificate given under subsection (2) may include a statement as to whether, at the time of the arrest, or surrender, the member was wearing the uniform of the service to which he or she belongs or civilian clothes; and that certificate is evidence of the matters so stated.

Despite section 71, subsections (2) to (5) apply with respect to evidence in all proceedings under this Act or the 1971 Act against a member of the Armed Forces on a charge of being a deserter or an absentee without leave.

If the member has surrendered himself or herself into the custody of a provost officer or a person lawfully exercising authority under or on behalf of a provost officer, or of any other officer of any New Zealand or allied force, a certificate purporting to have been signed by that provost officer, or person, or other officer, and stating the fact, date, and place of the surrender, is evidence of the matters so stated.

If the member has been arrested and taken into the custody of a provost officer or a person lawfully exercising authority under or on behalf of a provost officer, or of any other officer of any New Zealand or allied force, a certificate purporting to have been signed by that provost officer, or person, or other officer, and stating the fact, date, and place of the arrest, is evidence of the matters so stated.

If the member has been delivered into service custody by a member of the police, a certificate purporting to be signed by that member of the police, and stating the fact, date, and place of the surrender of the member, is evidence of the matters so stated.

Any certificate given under subsections (2) to (4), or any 1 or more of those subsections, may include a statement as to whether, at the time of the surrender, arrest, or delivery into service custody, as the case may be, the member was wearing the uniform of the service to which he or she belongs or civilian clothes; and that certificate is evidence of the matters so stated.

A person who has custody of any record of the proceedings of the Court Martial held under this Act or the 1971 Act must deliver it as soon as practicable after the trial to the Judge Advocate General.

The Judge Advocate General may give directions as to how the record must be kept (including directions as to how long it must be kept, which must be for a period of not less than 6 years from the conclusion of the trial).

A person who has been tried by the Court Martial (person A), or if person A is dead, his or her personal representative (person B), is entitled to be supplied with a copy of the record of the proceedings of the court if person A or B—

Despite subsection (3), if the Minister certifies that it is necessary for reasons of security that the record of the proceedings of the Court Martial, or any part of them, should not be disclosed, the Judge Advocate General may direct that an applicant for a copy of the record is not to be supplied with the record, or that part of the record, to which the certificate relates.

In this section,—

Subsection (2) applies to every original record of any proceedings of the Court Martial that—

On its being produced from the custody of a person referred to in subsection (1)(b), the original record to which this subsection applies is admissible in evidence in all proceedings under this Act or the 1971 Act and in all courts in New Zealand.

Subsection (4) applies to a document that appears—

A document to which this subsection applies is admissible as evidence of the original record or part of the original record, as the case may be, in all proceedings under this Act or the 1971 Act and in all proceedings in civil courts in New Zealand on its being produced in those proceedings, without proof of the signature of the Judge Advocate General or other person lawfully having custody of the original record.

The Court Martial is to have a seal, which is to be judicially noticed by all courts and for all purposes.

The Chief Judge may, either generally or particularly, delegate—

A delegation—

A Deputy Chief Judge or the Registrar may perform any functions, duties, or powers delegated under subsection (1) in the same manner and with the same effect as if they had been conferred on him or her directly by this Act and not by delegation.

If a Deputy Chief Judge or the Registrar appears to act under subsection (1), that person is presumed to be acting in accordance with the terms of delegation in the absence of evidence to the contrary.

The Chief Judge must appoint a person to act as the Registrar.

The Registrar may appoint clerks or any other officers of the Court Martial as may be required.

An appointment under this section must be made by giving written notice to the person concerned.

A person appointed under this section must not undertake any other paid employment or hold any other office (whether paid or not) unless the Chief Judge or the Registrar (as the case may be) is satisfied that the employment or other office is compatible with that person’s appointment.

The Registrar, because of his or her office, is to be the Inspector of Service Penal Establishments.

The Inspector of Service Penal Establishments performs the functions of National Preventive Mechanism under the Crimes of Torture Act 1989 in respect of service penal establishments (within the meaning of section 2(1) of the 1971 Act).

The Registrar must arrange for the attendance at every sitting of the Court Martial of—

The clerk of the Court Martial must—

The Registrar may, in writing, either generally or particularly, delegate to a clerk or any other officer of the Court Martial appointed under section 79(2) any of the Registrar’s functions, duties, and powers, except—

A delegation—

A clerk or any other officer of the Court Martial to whom any functions, duties, or powers are delegated may perform and exercise them in the same manner and with the same effect as if they had been conferred on him or her directly by this Act and not by delegation.

A clerk or any other officer of the Court Martial who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.

Despite anything to the contrary in section 12, the person holding office as the Judge Advocate General immediately before the commencement of this section must be treated as if that person had been appointed as the Chief Judge in accordance with section 12.

This section applies if—

If this section applies,—

This section applies to courts-martial under the 1971 Act—

Proceedings before courts-martial to which this section applies are to be continued and completed under the 1971 Act as if this Act had not been enacted.

Part 6 of the 1971 Act is repealed.

The enactments specified in Schedule 2 are amended in the manner indicated in that schedule.