The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009

Time limits for charging civilian formerly subject to SDAs

19.—(1) Paragraph (2) applies where a person has ceased to be a civilian subject to the SDAs, except where at the time he did so he became—

(a) subject to military law, air-force law or NDA 1957; or

(b) a civilian subject to service discipline.

(2) Where this paragraph applies—

(a) the person may not, after the end of six months beginning with the date he ceased to be a civilian subject to the SDAs, be charged with an SDA offence (other than one under RFA 1996) committed while he was such a civilian; and

(b) this applies even if he again became such a civilian (or a civilian subject to service discipline) within those six months.

(3) Where a person ceased to be a civilian subject to the SDAs and at the time he did so became subject to military law, air-force law or NDA 1957, section 57 of AFA 2006 has effect as if (in addition to the modifications made by article 18)—

(a) the reference in subsection (2) to a service offence committed while the person was subject to service law included an SDA offence (other than one under RFA 1996) committed while he was a civilian subject to the SDAs;

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

(4) A person who ceased to be a civilian subject to the SDAs by reason only of a fact mentioned in section 209(3A)(a) or (b) of AA 1955 or AFA 1955 or paragraph 4A(a) or (b) of Schedule 4 to NDA 1957 is to be treated for the purposes of this article as not having ceased to be so subject (but nothing in this paragraph causes a person to be regarded as so subject after commencement).

(5) Section 61(1) to (3) of AFA 2006 (exceptions and interpretation) apply in relation to this article as they apply in relation to section 57 of that Act.

(6) Paragraph (7) applies where, at commencement—

(a) a person is residing or staying in an area designated for the purposes of Schedule 15 to AFA 2006, and would be a civilian subject to service discipline if in that area;

(b) a person is residing or staying outside the British Islands, and would be a civilian subject to service discipline if outside the British Islands; or

(c) a person—

(i) has been designated for the purposes of paragraph 7 of Schedule 15 to AFA 2006;

(ii) is residing or staying in an area which the designation specifies as an area that the person must be in for the designation to apply; and

(iii) would be a civilian subject to service discipline if in that area.

(7) Where this paragraph applies, the person is to be regarded for the purposes of paragraph (1) as becoming a civilian subject to service discipline at commencement.