Armed Forces Act 1981

6 Trial of persons ceasing to be subject to service law and time limits for trials

(1) Sections 131 and 132 of the [1955 c. 18.] Army Act 1955 and the [1955 c. 19.] Air Force Act 1955 and sections 51 and 52 of the Naval Discipline Act 1957 (which respectively provide for the trial by court-martial of persons ceasing to be subject to service law and set time limits for the initiation of proceedings) shall be amended as provided in this section.

(2) In section 131 of the Army Act 1955, in subsection (1), after the words " investigation of charges" there shall be inserted the words " summary dealing with charges " and, in subsection (2), there shall be omitted the words " and the provisions thereof as to the summary dealing with charges ".

(3) In section 132 of the Army Act 1955—

(a) in subsection (1), for the words "No person shall be tried by court-martial for any offence " there shall be substituted the words " No proceedings shall be taken against a person for an offence " and for the words "unless the trial is" there shall be substituted the words " unless the trial or proceedings on a summary dealing with the charge is or are ";

(b) in paragraph (b) of the proviso to subsection (1), for the words " tried by court martial " there shall be substituted the words " proceeded against " and for the words " if the Attorney General consents to the trial" there shall be substituted the words " or summary proceedings, if the Attorney General consents to the proceedings "; and

(c) for subsection (3) there shall be substituted the following subsections—

“(3) Except in relation to the offences specified in subsection (3A) below, no proceedings shall be taken against a person by virtue of subsection (1) of section 131 of this Act unless—

(a) in a case where the charge is one which may be dealt with summarily, the proceedings on the summary dealing with the charge are begun within three months or the trial by court-martial is begun within six months after he ceases to be subject to military law;

(b) in a case where the charge is one which cannot be dealt with summarily, the trial is begun within six months after he ceases to be subject to military law.

(3A) Subsection (3) above does not apply to an offence against section 31 or 32 of this Act or desertion or to an offence against section 70 where the civil offence is alleged to have been committed outside the United Kingdom and the Attorney General consents to the proceedings.”

(4) In the corresponding subsections of sections 131 and 132 of the [1955 c. 19.] Air Force Act 1955 the same amendments shall be made as are made by subsections (2) and (3) above in those sections of the [1955 c. 18.] Army Act 1955 except that the words " air-force law " shall be substituted for the words " military law " wherever those words occur.

(5) In section 51 of the [1957 c. 53.] Naval Discipline Act 1957, subsection (2) (trial of a person no longer subject to the Act to be by court-martial only) shall be omitted.

(6) In section 52 of the Naval Discipline Act 1957. in subsection (2), after the words "three months" there shall be inserted the words " or, in the case of trial by court-martial, six month* ",