The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009

Effect of time limits for court-martial trial in relation to SCC

53.—(1) For the purposes of article 52, the time limit for trial by a Standing Civilian Court has expired in relation to a charge if, immediately before commencement—

(a) trial of the charge was prohibited by section 7(4) of AFA 1976 or section 132(3) of AA 1955 or AFA 1955 (limitation of time for trial); and

(b) the prohibition could not have been lifted by the Attorney General’s giving consent under section 132(3A) of AA 1955 or AFA 1955.

(2) Paragraph (3) applies where—

(a) by virtue of article 52 a charge is allocated for Service Civilian Court trial for the purposes of Part 5 of AFA 2006;

(b) immediately before commencement, trial of the charge was prohibited as mentioned in paragraph (1)(a); and

(c) the prohibition could have been lifted as mentioned in paragraph (1)(b).

(3) Where this paragraph applies—

(a) the Service Civilian Court may not without the Attorney General’s consent try the charge (or any charge substituted for it, or brought in addition to it, under section 126(2)(b) or (c) of AFA 2006); and

(b) if the charge (or any charge so substituted or brought) is allocated for trial by the Court Martial under section 126(2)(e) of AFA 2006, the Court Martial may not without the Attorney General’s consent try it (or any charge substituted for it, or brought in addition to it, under section 125(2)(b) or (c) of that Act).