Part IIU.K. Discipline and Trial and Punishment of Military Offences

[F1 The prosecuting authority]U.K.

Textual Amendments

F1S. 83A-83C and cross-heading inserted (1.4.1997 subject to art. 3) by 1996 c. 46, s. 5, Sch. 1 Pt. II para. 14; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

[F2F383A The prosecuting authority.F4U.K.

(1)Her Majesty may appoint a qualified officer belonging to Her military forces to be the prosecuting authority for the Army; and in this Act “the prosecuting authority” means the officer so appointed.

(2)An officer shall not be qualified to be appointed as the prosecuting authority unless he is—

(a)a person who has a ten year general qualification within the meaning of section 71 of the M1Courts and Legal Services Act 1990;

(b)an advocate or solicitor in Scotland of at least ten years’ standing; or

(c)a member of the Bar of Northern Ireland, or a solicitor of the Supreme Court of Northern Ireland, of at least ten years’ standing.]

Textual Amendments

F2Ss. 83A-83C and cross-heading inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. II para. 14; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

F3S. 83A-83C and cross-heading inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. II para. 14; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

Marginal Citations

Textual Amendments applied to the whole legislation

F4Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2