Armed Forces Act 2006

62 Time limit for charging Reserve Forces Act offences U.K.

(1) A person may not be charged with a Reserve Forces Act offence 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 offence becomes known to the person's commanding officer;

(c) two months beginning with the date the person is apprehended;

(d) if the offence was committed when the person was a relevant reservist, six months beginning with the date he ceases to be a relevant reservist.

(2) If—

(a) the offence was committed when the person was a relevant reservist, and

(b) he ceases to be a relevant reservist after committing it,

the period in subsection (1)(d) is not extended by his (again) becoming a relevant reservist within the six months beginning with the date he so ceased.

(3) In this section—

(a) the reference in subsection (1) to charging is to charging under section 120 or 122;

(b) “Reserve Forces Act offence” means an offence within section 50(2)(h) or (i);

(c) “relevant reservist” means—

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

(ii) a member of an ex-regular reserve force who is in [F1 full-time service] [F1 service under a commitment entered into under section 24 of the Reserve Forces Act 1996] or subject to an additional duties commitment;

(d) [F2 “in full-time service” means in such service under a commitment entered into under section 24 of the Reserve Forces Act 1996 (c. 14).]

(4) Where subsection (1) prohibits the charging (as defined by subsection (3)(a)) 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.

Textual Amendments

F1 Words in s. 62(3)(c)(ii) substituted (1.5.2022 for specified purposes) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 2 para. 8(a) (with Sch. 2 para. 10); S.I. 2022/471, reg. 2(c)

F2 S. 62(3)(d) omitted (1.5.2022 for specified purposes) by virtue of Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 2 para. 8(b) (with Sch. 2 para. 10); S.I. 2022/471, reg. 2(c)

Commencement Information

I1 S. 62 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. 62 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4