The Criminal Procedure and Investigations Act 1996 (Code of Practice) (Armed Forces) Order 2009

Transitional Provisions

11.—(1) In the Code—

(a) “commencement” means 31st October 2009.

(b) “Director” includes, with respect to anything done before commencement in relation to a service investigation to which the Code applies, a prosecutor within the meaning of the old code;

(c) “judge advocate” includes, with respect to anything done before commencement in relation to a service investigation to which the Code applies, a judicial officer within the meaning of the old code.

(d) “old code” means the code of practice under the Criminal Procedure and Investigations Act 1996 (Code of Practice) (Armed Forces) Order 2008;

(e) “SDA offence” means an offence under the Army Act 1955(1), the Air Force Act 1955(2), the Naval Discipline Act 1957(3), the Armed Forces Act 1991(4) or the Reserve Forces Act 1996(5) committed before commencement;

(f) “service offence” includes an SDA offence.

(2) Where before commencement the old code applied in relation to a service investigation, the Code shall apply in relation to it, but anything done in relation to the investigation before commencement in accordance with the old code shall be treated as having been done in accordance with the Code.

(3) In paragraph 5(2), in relation to material seized before commencement, the reference to Part 3 of the 2006 Act includes a reference to Part 2 of the Armed Forces Act 2001(6).

(4) In paragraph 6(6) the reference to a person charged under section 120 or 121 of the 2006 Act includes a person who before commencement has been charged under section 83B of the Army Act 1955, section 83B of the Air Force Act 1955 or section 52I of the Naval Discipline Act 1957.

(5) In paragraph 6(7) the reference to the 2006 Act includes a reference to any of the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957.

(1)

1955 c. 18.

(2)

1955 c. 19.

(3)

1957 c. 53.

(4)

1991 c. 62.

(5)

1996 c. 14.

(6)

2001 c. 19.