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Armed Forces Act 1971
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Changes over time for: Section 23
Version Superseded: 28/03/2009
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23 Offences in relation to courts-martial. U.K.
(1)Section 57(2) of the M1Army Act 1955, section 57(2) of the M2Air Force Act 1955 and section 38(3) of the M3Naval Discipline Act 1957 (power of courts-martial to deal summarily with offences committed in relation thereto) shall have effect subject to the amendments specified in subsections (2) and (3) below (being amendments enabling a court-martial held in pursuance of either of the said Acts of 1955 so to deal, as can a court-martial held in pursuance of the said Act of 1957, with all such offences, and amendments giving uniform powers of punishment to courts-martial so dealing).
(2)In the said provisions of the Army Act 1955 and the Air Force Act 1955, the words “paragraph (e) or (f) of” shall be omitted; and, for all the words from “order the offender” to the end there shall be substituted the words “sentence the offender—
(a)if he is an officer, to imprisonment for a term not exceeding twenty-one days, or to a fine not exceeding the amount of his pay for twenty-eight days (a day’s pay being taken for this purpose as the gross amount which is, or would apart from any forfeiture be, issuable to the offender in respect of the day on which the order is made),
(b)in any other case, to imprisonment or detention for such a term as aforesaid, or to such a fine as aforesaid.”
(3)In the said provision in the Naval Discipline Act 1957, for all the words after “sentence” there shall be substituted the words “the offender—
(a)if he is an officer, to imprisonment for a term not exceeding twenty-one days, or to a fine not exceeding the amount of his pay for twenty-eight days (a day’s pay being taken for this purpose as the gross amount which is, or would apart from any forfeiture be, issuable to the offender in respect of the day on which the order is made),
(b)in any other case, to imprisonment or detention for such a term as aforesaid, or to such a fine as aforesaid.”
Modifications etc. (not altering text)
C1The text of ss. 2–25, 27–32, 34–50, 52, 53, 55–63, 65, 66, 68, 70–75, 77(1), Schs. 2, 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
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