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Armed Forces Act 1976

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Changes over time for: Cross Heading: Right to court-martial

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Version Superseded: 28/03/2009

Status:

Point in time view as at 18/07/2008.

Changes to legislation:

There are currently no known outstanding effects for the Armed Forces Act 1976, Cross Heading: Right to court-martial. Help about Changes to Legislation

Right to court-martialU.K.

4(1)An accused person has a right to elect, before the court commences his trial, that the charges on which he is to be tried shall be tried by court-martial instead of by the court.U.K.

(2)Before the court commences a trial, it shall inform the accused in the prescribed manner of the right conferred by sub-paragraph (1) above, whether or not he has already been informed of it.

(3)The court shall proceed with the case unless the accused or, if more than one person is jointly charged, any of the accused, exercises the right so conferred.

(4)If the accused, or any of the accused, exercises that right, the court shall adjourn, and [F1shall refer the case to the prosecuting authority].

F2(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in SCh. 3 para. 4(4) substituted (1.4.1997) by 1996 c. 46, s. 5, SCh. 1 Pt. IV para. 103(4)(a); S.I. 1997/304, art. 2 (with art.3)

F2Sch. 3 para. 4(5) repealed (1.4.1997) by 1996 c. 46, ss. 5, 35(2), Sch. 1 Pt. IV para. 103(4)(b), Sch. 7 Pt. I; S.I. 1997/304, art. 2 (with art. 3)

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