- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Armed Forces Discipline Act 2000. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
1(1)In section 83B of each of the 1955 Acts (functions of the prosecuting authority), in subsection (2), for the words from “to record” to the end there is substituted “ to deal summarily with the preliminary charge ”.E+W+S+N.I.
(2)In subsection (3) of that section, for the words from “for which” to the end there is substituted “ which would have been dealt with summarily had the accused not elected court-martial trial ”.
(3)In subsection (4) of that section—
(a)in paragraph (a), for “subsection (5) below)” there is inserted “ subsection (5) below and section 83BB of this Act) ”, and
(b)in paragraph (b), at the beginning there is inserted “ (subject to section 83BB of this Act) ”.
(4)After subsection (9) of that section there is inserted—
“(9A)If the case has been referred to the prosecuting authority as a result of an election for court-martial trial, the prosecuting authority may not—
(a)determine under subsection (4)(a) above that a charge different from that in respect of which the election was made is to be preferred, or
(b)exercise any power mentioned in subsection (8)(a) or (b) above in relation to any charge against the accused before the commencement of the trial,
unless the accused has given his written consent or the charge is being referred under section 83BB of this Act.”
(5)For subsection (13) of that section there is substituted—
“(13)If the prosecuting authority—
(a)decides not to prefer any charge referred to him, or
(b)before the commencement of the trial of any charge preferred by him, discontinues proceedings on that charge,
he may direct that, for the purposes of section 134 of this Act, the accused is to be deemed to have been tried by court-martial for the offence charged.”
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Click 'View More' or select 'More Resources' tab for additional information including: