PART 3CERTAIN ACTS BEFORE COMMENCEMENT
Conduct at a time unknown11
1
This article applies where it is alleged that a relevant act took place at an unknown time between—
a
a particular time before commencement; and
b
a particular time after commencement.
2
In this article a “relevant act” means an act or omission which—
a
if it took place before commencement (or at a particular time before commencement), would be an SDA offence under an enactment mentioned in article 2(4)(a), (b), (d) or (f); and
b
if it took place after commencement (or at a particular time after commencement), would be a service offence.
3
If the relevant act would (if it took place before commencement, or at a particular time before commencement) be an offence under an enactment mentioned in article 2(4)(a) or (b), any question whether the relevant act is an SDA offence is to be decided as if the SDAs had remained in force until the time referred to in paragraph (1)(b) above.
4
Where the relevant act is an offence under an enactment mentioned in article 2(4)(f), for the purposes of articles 2(4)(f) and 5 it is to be taken to be such an offence committed before commencement.
5
Where a person is convicted of an SDA offence by virtue of this article—
a
article 7 has effect as if the reference in paragraph (2) of that article to the time the offence was committed were to the time referred to in paragraph (1)(a) above; and
b
the sentence awarded for the offence must not be more severe than the maximum sentence that could be awarded for the service offence if the relevant act were known to have taken place at the time referred to in paragraph (1)(b) above.
6
For the purposes of articles 13(2) and 20(1) and (2), any question whether the relevant act took place at a time when a person was a civilian subject to the SDAs is to be decided as if the SDAs had remained in force until the time referred to in paragraph (1)(b) above.
7
If the relevant act is an offence under paragraph 4(6) of Schedule 5A to AA 1955 or AFA 1955 or of Schedule 4A to NDA 1957, it is to be treated for the purposes of article 172 as having been committed after commencement.
8
In this article “the SDAs” has the same meaning as in article 9.