26.This section inserts a new section into each of the SDAs.
Subsection (1) inserts a new section into the Army Act 1955 dealing with custody during court-martial proceedings.
	The new section 75H applies the custody provisions in sections 75F/G, where appropriate, with modifications. The effect of subsection (2) is that the trial judge advocate will review the need for custody up until the court martial announces its finding.
	Section 75F(2) has an additional ground for custody inserted for the purposes of Section 75H, enabling the accused to be kept in custody during an adjournment, but an accused cannot be kept in military custody after he is sentenced by the court. Section 75F(3)(d), relating to the strength of the evidence, is not to be applied in relation to a person awaiting sentence.
	If the court-martial is dissolved, these modified provisions will not apply. This will not affect any order already in force.
Subsection (2) inserts a new section 75H into the Air Force Act 1955 dealing with custody during courts-martial proceedings. This section is identical in effect to that described above, but applies to persons subject to the provisions of the Air Force Act 1955.
Subsection (3) inserts a new section 47J into the Naval Discipline Act 1957 dealing with custody during courts-martial proceedings.  This section is identical in effect to that described in subsection (1) above, but applies to persons subject to the provisions of the Naval Discipline Act 1957.
Commentary on Sections Section 4: Custody during court-martial proceedings