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Armed Forces Act 2006

Changes over time for: Section 66

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Armed Forces Act 2006, Section 66 is up to date with all changes known to be in force on or before 28 November 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. Help about Changes to Legislation

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Changes and effects yet to be applied to Section 66:

  • specified provision(s) transitional provisions for effects of commencing SI 2009/812 by S.I. 2009/1059 Order

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

66Civilian proceedings barring subsequent service proceedingsU.K.

This section has no associated Explanatory Notes

(1)The Court Martial may not try a person for an offence under section 42 (criminal conduct) if the act constituting the offence amounts to an offence under the law of England and Wales for which a civilian court in England and Wales would on the ground of autrefois acquit or autrefois convict be debarred from trying him.

(2)The Court Martial may not try a person for a non-criminal service offence (that is, a service offence not under section 42) if—

(a)any act constituting an element of the offence amounts to an offence under the law of England and Wales (“offence X”); and

(b)a civilian court in England and Wales would on the ground of autrefois acquit be debarred from trying the person for offence X.

(3)Where an act constituting—

(a)an offence under section 42, or

(b)an element of a non-criminal service offence,

would amount to an offence under the law of England and Wales if it had been done in England or Wales, it shall be assumed for the purposes of subsection (1) or (2) to amount to that offence.

(4)Where a civilian court (anywhere) has taken an offence into consideration in sentencing a person and the sentence has not been quashed, the person shall be treated for the purposes of subsection (1) as having been convicted by that court of that offence.

(5)Where by reason of this section a person cannot be tried by the Court Martial for an offence—

(a)the Service Civilian Court may not try him for that offence; and

(b)a charge against him in respect of that offence may not be heard summarily by an officer.

(6)This section does not apply in any case where the question whether a person can be tried for an offence (or dealt with summarily for it) is determined by section 63.

(7)In this section “act” includes an omission and references to the doing of an act are to be read accordingly.

Commencement Information

I1S. 66 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)

I2S. 66 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

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