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Sexual Offences (Amendment) Act 1992

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7 Courts-martial.E+W+S+N.I.

(1)This Act shall have effect with the modifications set out in subsection (2) in any case where, in pursuance of any provision of the M1Army Act 1955, the M2Air Force Act 1955 or the M3Naval Discipline Act 1957, a person is charged with an offence to which this Act applies.

(2)The modifications are—

(a)any reference to a trial shall be read as a reference to a trial by court-martial;

(b)in section 1 after the word “Wales”, in each of the places where it occurs in subsections (1) and (2), there shall be inserted “ or Northern Ireland ”;

(c)subject to subsection (3), in section 3(1) any reference to a judge, in relation to the person charged with the offence, shall be read as a reference to the officer who is authorised to convene, or has convened, a court-martial for the trial of the offence;

(d)in section 3(2), any reference to a judge shall be read as a reference to the court;

(e)in section 5(4), the reference to the Attorney General shall be read, in the case of an offence under section 5 which is alleged to have been committed in Northern Ireland, as a reference to the Attorney General for Northern Ireland; F1. . .

F1(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Where, after convening a court-martial, the officer concerned has ceased to hold the appointment by virtue of which he convened that court-martial, any reference to a judge in section 3(1) shall be read as a reference to the officer holding that appointment.

(4)In section 36(1) of the M4Courts-Martial (Appeals) Act 1968 (which provides that certain powers of the Courts-Martial Appeal Court may be exercised by a single judge) after the words “section 5(1)(d) of that Act” there shall be inserted “ or section 3(4) of the Sexual Offences (Amendment) Act 1992 ”.

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Amendments (Textual)

F1S. 7(2)(f) and word “and” immediately preceding repealed (1.10.2001) by 2001 c. 19, s. 34, Sch. 6 Pt. I para. 4(3), Sch. 7 Pt. VII; S.I. 2001/3234, art. 2 (subject to saving in art. 3)

Commencement Information

I1S. 7 wholly in force at 1.8.1992 see s. 8(3) and S.I. 1992/1336, art. 2

Marginal Citations

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