Armed Forces Act 2001 Explanatory Notes

Application to civilians

145.Paragraphs 50 to 53 make miscellaneous amendments to the SDAs in relation to civilians subject to Service law. Paragraph 50(2) changes the provisions of the Army and Air Force Acts which allowed civilians to be tried by Service courts for attempts to commit certain offences, so that they may also be tried for aiding and abetting any of those offences. The Royal Navy already has this provision. Paragraph 50(3) amends the provisions in the Army and Air Force Acts defining commanding officer in relation to civilians so they no longer apply only to provisions relating to custody and investigation of offences. Paragraph 50(4) and paragraphs 51 to 53 rectify an anomaly arising from a previous amendment to the SDAs. The intention at the time of that amendment was to disapply a time-limit in relation to breaches of a community supervision order, but its effect was to disapply the time-limit in relation to other offences as well. The new amendments give effect to the original intention.

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