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Criminal Procedure and Investigations Act 1996
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Changes over time for: Section 78
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Changes to legislation:
Criminal Procedure and Investigations Act 1996, Section 78 is up to date with all changes known to be in force on or before 19 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 78:
- s. 1(6) added by 1997 c. 39 s. 9(4)
- s. 5(1A) amendment to earlier affecting provision 2015 c. 9 (N.I.), Sch. 2 para. 8 by 2022 c. 4 (N.I.) s. 4(9)(f)(i)
- s. 5(1A) inserted by 2015 c. 9 (N.I.) Sch. 2 para. 8
- s. 5(1A) words substituted in earlier affecting provision 2015 c. 9 (N.I.), Sch. 2 para. 8(1) by 2022 c. 4 (N.I.) s. 4(9)(f)(ii)
- s. 13(1)(ba)(b) substituted for s. 13(1)(b) by 2015 c. 9 (N.I.), Sch. 2 para. 8(2) (as inserted) by 2022 c. 4 (N.I.) s. 4(9)(f)(iii)
- Sch. 4 para. 4(f) and word added by S.I. 2003/1247 (N.I.) Sch. 1 para. 16
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 1(6) added by 1997 c. 39 s. 9(4)
- s. 5(1A) amendment to earlier affecting provision 2015 c. 9 (N.I.), Sch. 2 para. 8 by 2022 c. 4 (N.I.) s. 4(9)(f)(i)
- s. 5(1A) inserted by 2015 c. 9 (N.I.) Sch. 2 para. 8
- s. 5(1A) words substituted in earlier affecting provision 2015 c. 9 (N.I.), Sch. 2 para. 8(1) by 2022 c. 4 (N.I.) s. 4(9)(f)(ii)
- s. 13(1)(ba)(b) substituted for s. 13(1)(b) by 2015 c. 9 (N.I.), Sch. 2 para. 8(2) (as inserted) by 2022 c. 4 (N.I.) s. 4(9)(f)(iii)
- Sch. 4 para. 4(f) and word added by S.I. 2003/1247 (N.I.) Sch. 1 para. 16
78 Application to armed forces.U.K.
[F1(1)Subject to subsection (2), nothing in this Act applies in relation to—
(a)proceedings before a court (other than a civilian court) in respect of a service offence; or
(b)any investigation conducted with a view to its being ascertained whether a person should be charged with a service offence or whether a person charged with such an offence is guilty of it.
(2)The Secretary of State may by order—
(a)make as regards any proceedings mentioned in subsection (1)(a) provision equivalent to the provisions contained in or made under Part 1, subject to such modifications as he considers appropriate;
(b)make as regards any investigation mentioned in subsection (1)(b) provision equivalent to the provisions contained in or made under Part 2, subject to such modifications as he considers appropriate.
(3)An order under this section may make provision in such way as the Secretary of State considers appropriate, and may in particular apply any of the provisions concerned, with or without modifications.
(4)In this section—
(a)“civilian court” and “service offence” have the same meanings as in the Armed Forces Act 2006;
(b)references to charges are to charges brought under Part 5 of that Act.]
Extent Information
E1For extent of s. 78 see s. 79(1)(a)(6)
Textual Amendments
F1S. 78 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. 137; 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)
C1S. 78(1) 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. 37
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