Armed Forces Act 2006

Time limits for offences other than Reserve Forces Act offences U.K.

55 Time limit for charging former member of a regular or reserve force U.K.

(1) This section applies where a person ceases to be a member of a regular or reserve force.

(2) The person may not, after the end of six months beginning with the date he ceased to be a member of that force, be charged with a service offence committed while he was a member.

(3) Subsection (2) applies even if the person rejoins the force within those six months.

Commencement Information

I1 S. 55 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)

I2 S. 55 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

56 Time limit for charging certain members or former members of ex-regular reserve forces U.K.

(1) This section applies where—

(a) a person, while a member of an ex-regular reserve force, has been subject to an additional duties commitment; and

(b) the person ceases to be subject to the commitment.

(2) The person may not, after the end of six months beginning with the date he ceased to be subject to the commitment, be charged with a service offence committed while he was so subject.

Commencement Information

I3 S. 56 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)

I4 S. 56 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

57 Time limit for charging person formerly subject to service law U.K.

(1) This section applies where a person ceases to be subject to service law.

(2) The person may not, after the end of six months beginning with the date he ceased to be subject to service law, be charged with a service offence committed while he was so subject.

(3) Subsection (2) applies even if the person (again) becomes subject to service law within those six months.

(4) Subsection (2) does not apply in relation to an offence committed by a person when he was—

(a) a member of a volunteer reserve force; or

(b) a member of an ex-regular reserve force who was subject to an additional duties commitment.

Commencement Information

I5 S. 57 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)

I6 S. 57 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

58 Time limit for charging civilian formerly subject to service discipline U.K.

(1) Subsection (2) applies in any case where a person ceases to be a civilian subject to service discipline, except a case where at the time he does so he becomes subject to service law.

(2) Where this subsection applies—

(a) the person may not, after the end of six months beginning with the date he ceased to be a civilian subject to service discipline, be charged with a service offence committed while he was such a civilian; and

(b) this applies even if he (again) becomes such a civilian within those six months.

(3) Where a person ceases to be a civilian subject to service discipline and at the time he does so becomes subject to service law, section 57 has effect as if—

(a) the reference in subsection (2) to a service offence committed while the person was subject to service law included a service offence committed during the relevant period; and

(b) the reference in subsection (3) to becoming subject to service law included becoming a civilian subject to service discipline.

(4) In subsection (3)(a) above “the relevant period” means the period while the person was a civilian subject to service discipline that ended with his becoming subject to service law.

(5) Subsection (6) applies to a person—

(a) who ceases to be a civilian subject to service discipline by reason only of—

(i) leaving an area designated for the purposes of Schedule 15;

[F1 (ia) leaving a country in which he fell within paragraph 5 of that Schedule;]

(ii) entering the British Islands; or

(iii) leaving an area which a designation under paragraph 7 of Schedule 15 specifies as an area that he must be in for the designation to apply to him; and

(b) who is residing or staying in a qualifying place at the time he does so.

(6) As regards that time, and for so long after that time as he continues—

(a) to reside or stay in a qualifying place, and

(b) to be a person who is not a civilian subject to service discipline but who would be such a civilian if he were in a qualifying place,

he is to be treated for the purposes of this section (apart from subsection (5)) as being such a civilian.

(7) In subsections (5) and (6) “in a qualifying place” means—

(a) in relation to a person who falls within subsection (5)(a) by reason of leaving an area designated for the purposes of Schedule 15, in any such area;

[F2 (aa) in relation to a person who falls within subsection (5)(a) by reason of leaving a country in which he fell within paragraph 5 of that Schedule, in that country or any other country in which he falls within that paragraph;]

(b) in relation to a person who falls within subsection (5)(a) by reason of entering the British Islands, outside the British Islands;

(c) in relation to a person who falls within subsection (5)(a) by reason of leaving an area mentioned in subsection (5)(a)(iii), in that area.

[F3 (8) In subsections (5)(a)(ia) and (7)(aa) “country” is to be read in accordance with paragraph 14 of Schedule 15.]

Textual Amendments

F1 S. 58(5)(a)(ia) inserted (14.12.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 4 para. 5(a); S.I. 2012/2921, art. 3(b)

F2 S. 58(7)(aa) inserted (14.12.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 4 para. 5(b); S.I. 2012/2921, art. 3(b)

F3 S. 58(8) inserted (14.12.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 4 para. 5(c); S.I. 2012/2921, art. 3(b)

Commencement Information

I7 S. 58 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)

I8 S. 58 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

59 Time limit for charging offence under section 107 U.K.

(1) A person may not be charged with an offence under section 107 (breach of requirement imposed on release from custody) after the end of whichever of the following periods ends last—

(a) six months beginning with the date of commission of the offence;

(b) two months beginning with the date the person is apprehended.

(2) Where subsection (1) prohibits the charging of a person with an offence, the power under section 123(2)(c) or 125(2)(c) may not be exercised so as to charge that person with that offence.

Commencement Information

I9 S. 59 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)

I10 S. 59 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

60 Time limit for charging offence under section 266 U.K.

A person may not be charged with an offence under section 266 (failure to comply with financial statement order) after the end of whichever of the following periods ends first—

(a) two years beginning with the date of commission of the offence;

(b) six months beginning with the date the offence becomes known to a member of the Service Prosecuting Authority.

Commencement Information

I11 S. 60 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)

I12 S. 60 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

61 Sections 55 to 60: exceptions and interpretation U.K.

(1) References in sections 55 to 60 and this section to charging (except the second such reference in section 59(2)) are to charging under [F4 any of sections 120 to 122].

(2) Where any of sections 55 to 58 prohibits the charging of a person with an offence, the person may be charged with the offence if the Attorney General consents.

(3) Each of sections 55 to 60 is without prejudice to the rest of those sections.

(4) Nothing in those sections applies in relation to a Reserve Forces Act offence (as defined by section 62).

Textual Amendments

F4 Words in s. 61(1) substituted (15.2.2022) by Armed Forces Act 2021 (c. 35), ss. 22(2), 24(3)

Commencement Information

I13 S. 61 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)

I14 S. 61 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4