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Changes over time for: Section 120
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Version Superseded: 22/05/2019
Status:
Point in time view as at 31/10/2009. This version of this provision has been superseded.
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Changes to legislation:
Armed Forces Act 2006, Section 120 is up to date with all changes known to be in force on or before 25 February 2025. 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.
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Changes to Legislation
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120Power of CO to charge etcU.K.
This section has no associated Explanatory Notes
(1)Subsections (2) and (3) apply where under section 119 a commanding officer has initial powers in respect of a case.
(2)The officer may bring, in respect of the case, one or more charges that are capable of being heard summarily (see section 52).
(3)The officer may refer the case to the Director of Service Prosecutions.
(4)A charge brought under subsection (2) is to be regarded for the purposes of this Part as allocated for summary hearing.
(5)Where an officer refers a case under subsection (3), any other case—
(a)which is of a description prescribed by regulations under section 128 for the purposes of this subsection, and
(b)as respects which the officer has initial powers,
is to be treated as referred under subsection (3) to the Director of Service Prosecutions.
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