The Armed Forces (Retrial for Serious Offences) Order 2013

PART 1Preliminary

1Citation and commencement

2Interpretation

PART 2Cases that may be retried

3Cases that may be retried

PART 3Investigation and arrest

4Authorisation of investigations

5Urgent investigative steps

6Arrest under warrant

PART 4Referral and Charge

7Referral and charge

PART 5Application for Retrial

8Application to Court Martial Appeal Court

9Determination by the Court Martial Appeal Court

10New and compelling evidence

11Interests of justice

12Notice of application to the Court Martial Appeal Court

15Appeals to the Supreme Court

16Restrictions on publication in the interests of justice

17Variation or revocation of restrictions on publication

18Offences in connection with publication restrictions

20Custody before application under article 8(1)

21Custody before hearing under article 13(1)

22Provision supplementary to articles 20 and 21

23Taking a person into service custody

24Bail and custody during and after hearing

25Service custody after hearing where retrial ordered

PART 8Supplementary

26Service of documents

27Functions of the Director

28Powers exercisable by a single judge of the Court Martial Appeal Court

29Powers exercisable by the registrar

30Determination by the Court Martial Appeal Court

31Abandonment of the application

SCHEDULE 1Qualifying Offences

Offences against the Person

2Attempted murder

3Soliciting murder

Sexual Offences

7Attempted rape

8Intercourse with a girl under thirteen

9Incest by a man with a girl under thirteen

10Assault by penetration

11Causing a person to engage in sexual activity without consent

12Rape of a child under thirteen

13Attempted rape of a child under thirteen

14Assault of a child under thirteen by penetration

15Causing a child under thirteen to engage in sexual activity

16Sexual activity with a person with a mental disorder impeding choice

17Causing a person with a mental disorder impeding choice to engage in sexual activity

18Unlawful importation of Class A drug

19Unlawful exportation of Class A drug

20Fraudulent evasion in respect of Class A drug

21Producing or being concerned in production of Class A drug

Criminal Damage Offences

22Arson endangering life

23Causing explosion likely to endanger life or property

24Intent or conspiracy to cause explosion likely to endanger life or property

War Crimes and Terrorism

25Genocide, crimes against humanity and war crimes

26Grave breaches of the Geneva Conventions

27Directing terrorist organisation

28Hostage-taking

SCHEDULE 2Forms

2013 No. 1852

Defence

The Armed Forces (Retrial for Serious Offences) Order 2013

Made17th July 2013

Coming into force1st August 2013

The Secretary of State makes the following Order in exercise of the powers conferred by section 323 of the Armed Forces Act 20061.

In accordance with section 373(3)(b) of the Armed Forces Act 2006, a draft of this instrument was laid before Parliament and approved by resolution of each House of Parliament.