Posthumous pardons

I119Posthumous pardons in relation to certain abolished service offences

1

Section 164 of the Policing and Crime Act 2017 (posthumous pardons for convictions etc of certain abolished offences: England and Wales) is amended as follows.

2

In subsection (5)—

a

after paragraph (a) insert—

aa

section 41 of the Army Discipline and Regulation Act 1879;

b

after paragraph (f) insert—

g

Article 2 of Section 20 of the Articles of War of 1749 (offences triable by courts martial outside Great Britain);

h

Article 93 of Section 2 of the Articles of War of 1876 (offences not specified in Marine Mutiny Act or Articles of War);

i

any provision corresponding to the provision mentioned in paragraph (g) or (h), contained in other relevant Articles of War.

3

In subsection (8)—

a

at the end of paragraph (b) omit “or”;

b

after paragraph (b) insert—

ba

any enactment mentioned in subsection (5)(g) to (i);

c

at the end of paragraph (c) insert “, or”;

d

after paragraph (c) insert—

d

the Army Discipline and Regulation Act 1879.

4

After subsection (9) insert—

10

In this section—

  • “the Articles of War of 1749” means the Rules and Articles for the better government of His Majesty’s horse and foot guards (etc.), made under 23 Geo. 2 c. 4 (1749) (an Act for punishing mutiny and desertion; and for the better payment of the army and their quarters);

  • “the Articles of War of 1876” means the Rules and Articles (etc.) for the better government of Her Majesty’s royal marine forces, made under the Marine Mutiny Act 1876;

  • “enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978);

  • “relevant Articles of War” means Articles of War made under—

    1. a

      the Mutiny Act 1878,

    2. b

      the Marine Mutiny Act 1878, or

    3. c

      any Act previously in force corresponding to either of those Acts.