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Criminal Justice Act 2003

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8E+WAfter section 9A(1) (discretionary deferral) there is inserted—

“(1A)Without prejudice to subsection (1) above and subject to subsection (2) below, the appropriate officer—

(a)shall defer the attendance of a full-time serving member of Her Majesty’s naval, military or air forces in pursuance of a summons if subsection (1B) below applies, and

(b)for this purpose, shall vary the dates upon which that member is summoned to attend and the summons shall have effect accordingly.

(1B)This subsection applies if that member’s commanding officer certifies to the appropriate officer that it would be prejudicial to the efficiency of the service if that member were to be required to be absent from duty.

(1C)Nothing in subsection (1A) or (1B) above shall affect the application of subsection (1) above to a full-time serving member of Her Majesty’s naval, military or air forces in a case where subsection (1B) does not apply.”

Commencement Information

I1Sch. 33 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))

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