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Armed Forces Act 1966 (repealed)
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Changes over time for: Section 26
Version Superseded: 28/03/2009
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- 01/02/1991- Amendment
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26 Amendments as to trial under Army Act 1955 and Air Force Act 1955 after trial by civil court.U.K.
(1)In section 134(1) of the M1Army Act 1955—
(a)the provision whereby a person subject to military law who has been tried for an offence by a competent civil court shall not be liable in respect of that offence to be tried by court martial or to have the case dealt with summarily under that Act shall be extended so that the reference therein to a civil court shall have effect as a reference to such a court in any country;
(b)the provision whereby a person subject to military law who has had an offence committed by him taken into consideration by a civil court in sentencing him is not to be liable in respect of that offence to be tried or have the case dealt with as aforesaid shall be restricted so that the reference therein to a civil court shall not include a reference to such a court outside the United Kingdom.
(2)The foregoing subsection shall have effect in relation to section 134(1) of the M2Air Force Act 1955 as it has effect in relation to section 134(1) of the M3Army Act 1955 but with the substitution, for the words “military law”, of the words “ air-force law ”.
(3)Accordingly, in section 134(1) of the Army Act 1955, for paragraph (a) there shall be substituted the following paragraphs:—
“(a)has been tried for an offence by a competent civil court, wherever situated, or a court-martial (whether held under this Act, the Air Force Act 1955 or the Naval Discipline Act 1957), or
(aa)has had an offence committed by him taken into consideration when being sentenced by a competent civil court in the United Kingdom or any such court-martial as is referred to in the foregoing paragraph; or”
and in section 134(1) of the Air Force Act 1955, for paragraph (a), there shall be substituted paragraphs similar to those set out above but modified by the substitution, for the words “the Air Force Act 1955”, of the words “ the Army Act 1955 ”.
Modifications etc. (not altering text)
C1The text of ss. 12, 17(2), 18, 20(4)(a)(c), 23, 24(2), 25, 26(3), 27(2), 28(4), 30(2), 35, 36, Sch. 3 paras. 1, 3, Sch. 4 (in part) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
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