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Sexual Offences (Amendment) Act 1992

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7Courts-martial

(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 [1955 c. 18.] Army Act 1955, the [1955 c. 19.] Air Force Act 1955 or the [1957 c. 53.] Naval 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; and

(f)for section 6(3)(a) to (d) there shall be substituted “he is charged, in pursuance of any provision of the [1955 c. 18.] Army Act 1955, the [1955 c. 19.] Air Force Act 1955 or the [1957 c. 53.] Naval Discipline Act 1957, with an offence to which this Act applies”.

(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 [1968 c. 20.] Courts-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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