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Armed Forces Act 2006

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Changes to legislation:

Armed Forces Act 2006, Paragraph 20 is up to date with all changes known to be in force on or before 20 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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20U.K.In section 19 (power to authorise retrial in certain cases)—

(a)in subsection (1) for “court-martial” substitute “ the Court Martial ”;

(b)in subsection (2) for the words from “the restrictions” to the end substitute “ section 63 of the 2006 Act (service proceedings barring subsequent service proceedings). ”;

(c)in subsection (3)—

(i)for the words from the beginning to “other than” substitute “ An order under this section may authorise the appellant to be retried for ”;

(ii)in paragraph (a) for “original court-martial” substitute “ Court Martial ”;

(iii)in paragraph (b) for “at the original court-martial” substitute “ by the Court Martial ”;

(iv)in paragraph (c) for “court-martial” substitute “ Court Martial ”;

(d)in subsection (4) for the words from “but whether” to the end substitute “ if any such direction is made the Director of Service Prosecutions must bring the charge or charges so specified (which are to be regarded for the purposes of Part 5 of the 2006 Act as allocated for Court Martial trial). ”;

(e)after that subsection add—

(5)Section 125 of the 2006 Act (powers of DSP after charge) has effect in relation to a charge on which a person is to be retried under this section (whether or not a fresh charge) subject to such modifications as may be contained in Court Martial rules (within the meaning of that Act).

Commencement Information

I1Sch. 8 para. 20 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)

I2Sch. 8 para. 20 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

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