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Criminal Procedure and Investigations Act 1996
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- 1996 c. 25
- Part VII
- General
- Section 78
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- s. 78(1) modified by S.I. 2009/1059 Sch. 1 para. 37
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Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2006/1014 art. 2(a) Sch. 1 para. 11(v) commences (2005 c. 4)
- S.I. 2007/709 art. 3(d) commences (2006 c. 48)
- S.I. 2008/2504 art. 2 commences (2007 c. 27)
- S.I. 2008/2712 art. 2 Sch. commences (2008 c. 4)
- S.I. 2009/812 art. 3(a)(b) commences (2006 c. 52)
- S.I. 2009/1167 art. 3 4 commences (2006 c. 52)
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.I. 2010/1183 art. 2 3 commences (2003 c. 44)
- S.I. 2012/1320 art. 2-4 commences (2003 c. 44)
- S.R. 2010/113 art. 2 commences (2002 c. 26)
78 Application to armed forces.E+W+S+N.I.
(1)Subject to subsection (2) and to section 74(2) and (3), nothing in this Act applies to—
(a)proceedings before a court martial constituted under the M1Army Act 1955, the M2Air Force Act 1955 or the M3Naval Discipline Act 1957;
(b)proceedings before a Standing Civilian Court;
(c)any investigation conducted with a view to it being ascertained whether a person should be charged with an offence under any of those Acts or whether a person charged with such an offence is guilty of it.
(2)The Secretary of State may by order—
(a)make as regards any proceedings falling within subsection (3) provision which is equivalent to the provisions contained in or made under Part I, subject to such modifications as he thinks fit and specifies in the order;
(b)make as regards any investigation falling within subsection (4) provision which is equivalent to the provisions contained in or made under Part II, subject to such modifications as he thinks fit and specifies in the order.
(3)The proceedings falling within this subsection are—
(a)proceedings before a court martial constituted under the M4Army Act 1955;
(b)proceedings before a court martial constituted under the M5Air Force Act 1955;
(c)proceedings before a court martial constituted under the M6Naval Discipline Act 1957;
(d)proceedings before a Standing Civilian Court.
(4)An investigation falls within this subsection if it is conducted with a view to it being ascertained whether a person should be charged with an offence under any of the Acts mentioned in subsection (3) or whether a person charged with such an offence is guilty of it.
(5)An order under this section may make provision in such way as the Secretary of State thinks fit, and may in particular apply any of the provisions concerned subject to such modifications as he thinks fit and specifies in the order.
(6)Without prejudice to the generality of section 77(3), an order under this section may include provision—
(a)repealing section 11 of the M7Criminal Justice Act 1967 (alibi) as it applies to proceedings before courts martial;
(b)amending or repealing any provision of section 12 of that Act or of section 74 above.
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Extent Information
E1For extent of s. 78 see s. 79(1)(a)(6)
Marginal Citations
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