Armed Forces Act 2006

Yn ddilys o 28/03/2009

Youth Justice and Criminal Evidence Act 1999 (c. 23) U.K.

158 U.K. In section 44(13)(c) of the Youth Justice and Criminal Evidence Act 1999 (reporting restrictions on alleged offences involving persons under 18: meaning of “person subject to service law”), for sub-paragraphs (i) and (ii) substitute—

“(i) a person subject to service law within the meaning of the Armed Forces Act 2006; or

(ii) a civilian subject to service discipline within the meaning of that Act.”

159 U.K. In section 63(1) of that Act (interpretation of Part 2), in the definition of “service court”, for paragraphs (a) to (c) substitute—

“(a) the Court Martial;

(b) the Service Civilian Court; or

(c) the Court Martial Appeal Court.”

160 U.K. In section 68 of that Act (extent etc), omit subsection (10).

161 U.K. In Schedule 7 to that Act (transitional provision), in paragraph 6(6)—

(a) in paragraph (a) for the words from “the prosecuting authority” to the end substitute “ the charge is brought under section 122 of the Armed Forces Act 2006; ”.

(b) for paragraph (b) substitute—

“(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.”