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SCHEDULES

SCHEDULE 16U.K.Minor and consequential amendments

Police and Criminal Evidence Act 1984 (c. 60)U.K.

105(1)Section 113 of that Act (application of Act to armed forces) is amended as follows.U.K.

(2)For subsection (1) substitute—

(1)The Secretary of State may by order make provision in relation to—

(a)investigations of service offences,

(b)persons arrested under a power conferred by or under the Armed Forces Act 2006,

(c)persons charged under that Act with service offences,

(d)persons in service custody, or

(e)persons convicted of service offences,

which is equivalent to that made by any provision of Part 5 of this Act (or this Part of this Act so far as relating to that Part), subject to such modifications as the Secretary of State considers appropriate.

(3)In subsection (2) for the words from “offences” to the end substitute “ service offences ”.

(4)In subsection (3) for the words from “concerned with” to the end substitute concerned with—

(a)the exercise of powers conferred by or under Part 3 of the Armed Forces Act 2006; or

(b)investigations of service offences.

(5)In subsection (4) for “enquiries” substitute “ investigations ”.

(6)For subsection (9) substitute—

(9)Subsection (8) above applies to proceedings in respect of an offence under a provision of Part 1 of the Armed Forces Act 2006 other than section 42 (criminal conduct).

(7)Omit subsection (11).

(8)In subsection (12) for the words from “proceedings” to the end of paragraph (c) substitute “ service proceedings ”.

(9)After that subsection insert—

(12A)In this section—

and section 376(1) and (2) of that Act (meaning of “convicted” in relation to summary hearings and the SAC) apply for the purposes of subsection (1)(e) above as they apply for the purposes of that Act.

(10)After subsection (13) add—

(14)Section 373(5) and (6) of the Armed Forces Act 2006 (supplementary provisions) apply in relation to an order under this section as they apply in relation to an order under that Act.

Commencement Information

I1Sch. 16 para. 105 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. 16 para. 105 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4