Criminal Justice and Immigration Act 2008

27 (1) Section 76 applies whether the alleged offence took place before, or on or after, the date on which that section comes into force. U.K.

(2) But that section does not apply in relation to—

(a) any trial on indictment where the arraignment took place before that date, or

(b) any summary trial which began before that date,

or in relation to any proceedings in respect of any trial within paragraph (a) or (b).

(3) Where the alleged offence is a service offence, that section similarly does not apply in relation to—

(a) any proceedings before a court where the arraignment took place before that date, or

(b) any summary proceedings which began before that date,

or in relation to any proceedings in respect of any proceedings within paragraph (a) or (b).

(4) For the purposes of sub-paragraph (3) summary proceedings are to be regarded as beginning when the hearing of the charge, or (as the case may be) the summary trial of the charge, begins.

(5) In this paragraph—

• “service offence” means—

  (a)

  any offence against any provision of Part 2 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), Part 2 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or Part 1 of the Naval Discipline Act 1957 (c. 53); or

  (b)

  any offence under Part 1 of the Armed Forces Act 2006 (c. 52);

• “summary proceedings” means summary proceedings conducted by a commanding officer or appropriate superior authority.

Commencement Information

I1 Sch. 27 para. 27 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 49