6(1)Section 44 applies in relation to an alleged offence whether the criminal investigation into it is begun before or after the coming into force of that section.U.K.
(2)The restrictions imposed by subsection (2) of section 44 do not apply to the inclusion of matter in a publication if—
(a)where the publication is a relevant programme, it is transmitted, or
(b)in the case of any other publication, it is published,
before the coming into force of that section.
(3)Nothing in section 45 or 46 applies in relation to proceedings instituted before the commencement date for that section.
(4)In sub-paragraph (3) the reference to the institution of proceedings shall be construed—
(a)in the case of proceedings in England in Wales (other than proceedings before a service court), in accordance with paragraph 1(2);
(b)in the case of proceedings in Northern Ireland (other than proceedings before a service court), in accordance with sub-paragraph (5);
(c)in the case of proceedings before a service court (wherever held) in accordance with sub-paragraph (6).
(5)In the case of proceedings falling within sub-paragraph (4)(b)—
(a)proceedings other than proceedings on appeal are to be taken to be instituted—
(i)where a justice of the peace issues a summons under Article 20 of the M1Magistrates’ Courts (Northern Ireland) Order 1981, when the complaint for the offence is made;
(ii)where a justice of the peace issues a warrant for the arrest of any person under that Article, when the complaint for the offence is made;
(iii)where a person is charged with the offence after being taken into custody without a warrant, when he is informed of the particulars of the charge;
(iv)where an indictment is presented under the authority of section 2(2)(c), (d), (e) or (f) of the M2Grand Jury (Abolition) Act (Northern Ireland) 1969, when the indictment is presented to the court;
and where the application of this paragraph would result in there being more than one time for the institution of the proceedings, they shall be taken to have been instituted at the earliest of those times; and
(b)proceedings on appeal are to be taken to be instituted at the time when the notice of appeal is given or (as the case may be) the reference under section 10 or 12 of the M3Criminal Appeal Act 1995 is made.
(6)In the case of proceedings falling within sub-paragraph (4)(c)—
(a)proceedings other than proceedings on appeal are to be taken to be instituted when [F1the charge is brought under [F2section 121(1A) or 122] of the Armed Forces Act 2006;] and
[F3(b)proceedings on appeal are to be taken to be instituted—
(i)in the case of an appeal under the Court Martial Appeals Act 1968, when the application for leave to appeal is lodged in accordance with section 9 of that Act;
(ii)in the case of an appeal under section 285 of the Armed Forces Act 2006 (except one for which leave is required), when the notice of appeal is given;
(iii)in the case of an appeal under that section for which leave is required, when the application for leave to appeal is lodged;
(iv)in the case of a reference under section 34 of the Court Martial Appeals Act 1968 or section 12A or 12B of the Criminal Appeal Act 1995, when the reference is made.]
Textual Amendments
F1Words in Sch. 7 para. 6(6)(a) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 161(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F2Words in Sch. 7 para. 6(6)(a) substituted (22.5.2019 for specified purposes, 1.7.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 5(3)(b), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)
F3Sch. 7 para. 6(6)(b) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 161(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Modifications etc. (not altering text)
C1Sch. 7 para. 6(3) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 1(3), Sch. 1 para. 44(2)
Commencement Information
I1Sch. 7 para. 6 in force at 7.10.2004 for specified purposes for S. by S.S.I. 2004/408, art. 3(f)
I2Sch. 7 para. 6 in force at 7.10.2004 for specified purposes for E.W. by S.I. 2004/2428, art. 2(g)
I3Sch. 7 para. 6 in force at 8.11.2004 for specified purposes for N.I. by S.R. 2004/467, art. 2(f)
I4Sch. 7 para. 6 in force at 13.4.2015 for specified purposes for E.W. by S.I. 2015/818, art. 2(h)
Marginal Citations