Who may have bail or a suspension of detention cancelled by a military court, and on what grounds may the court order that cancellation?
General information · Not legal advice
Material to check
In a practice file we read the military court's decision granting bail or suspending detention, the military prosecutor's application or the note showing the court acted on its own initiative, the summons and proof of service, the attendance record, and the papers recording the residence restriction or other conditions the court set.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading keeps every condition: the military court may, by ruling, either on its own initiative or on the military prosecutor's application, cancel bail or a suspension of detention where the accused has fled, failed to appear after summons without good reason, breached the residence restriction or another court-set condition, where there is sufficient reason to believe of a risk of flight or of destroying criminal evidence, or of harm inflicted or feared to the life, body or property of the victim, a person recognised as knowing facts necessary for the trial, or their relatives.
Another reading notes the reach stops at one kind of order: a suspension of a detention warrant made under the cross-referring provision may not be cancelled while the session is sitting, and that bar covers the court's own initiative as well as the prosecutor's application, so the provision leaves open what counts as the session.
Your judgment
How could the file show whether the order in question was such a detention-warrant suspension, and whether a session was sitting when the court decided on cancellation?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to change the grounds or the bodies that may act, or if a court decision explains what the session is for the proviso's exception.