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Armed Forces Act 1981
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Changes over time for: Section 3
Version Superseded: 28/03/2009
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- 01/02/1991- Amendment
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3 Power to stay further proceedings under one of the Services Acts with a view to other proceedings. U.K.
(1)Sections 77 to 79 of the Army Act 1955 and the Air Force Act 1955 (which prescribe the procedure to be followed for the trial of offences under those Acts) shall be amended as provided in subsections (2) to (5) of this section.
(2)In section 77, after subsection (4), there shall be inserted the following subsection—
“(4A)This section has effect subject to section 77A of this Act”.
(3)After section 77 there shall be inserted the following section—
“77A Power to stay further proceedings.
Where, in the course of investigating a charge, it appears to the accused’s commanding officer that proceedings in respect of the matters to which the charge relates could be, and in the interests of the better administartion of justice ought to be, taken against the accused otherwise than under this Act he may stay further proceedings on the charge.”
(4)In section 78, in subsection (1), there shall be added at the end the words “and has not stayed further proceedings thereon”.
(5)In section 79, in subsection (1), after the word “dismissed” there shall be inserted the words “or stayed further proceedings on”.
(6)The Naval Discipline Act 1957 M1 shall have effect with the insertion after section 52 of a section 52A in the same terms as the section 77A inserted by subsection (3) above in the Army Act 1955 and the Air Force Act 1955.
Modifications etc. (not altering text)
C1The text of ss. 2, 3, 4(2), 5, 6(1)(2)(3)(c)(4)(5)(6), 7, 8, 10–12, 15, 16, 18, 19, 20(3), 21–23, 24(2), 28(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
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