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Armed Forces Act 2006

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This is the original version (as it was originally enacted).

Power to make provision in consequence of criminal justice enactments
323Power to make provision in consequence of criminal justice enactments

(1)The Secretary of State may make an order under this section if he considers it appropriate to do so in consequence of a criminal justice enactment (see section 324).

(2)An order under this section may make provision in relation to—

(a)service policemen,

(b)service courts (see section 324),

(c)persons subject to service law,

(d)civilians subject to service discipline, or

(e)service law proceedings (see section 324),

which is equivalent to that made by a relevant provision, subject to such modifications as the Secretary of State considers appropriate.

(3)In this section “relevant provision” means—

(a)the criminal justice enactment;

(b)any enactment relating to a criminal justice matter (see section 324) which is amended by the criminal justice enactment; or

(c)any subordinate legislation made under—

(i)the criminal justice enactment; or

(ii)any Act which is amended by the criminal justice enactment.

(4)An order under this section may make provision in such way as the Secretary of State considers appropriate and may, in particular—

(a)be made in relation to all or any cases to which the order-making power extends;

(b)apply the relevant provision (with or without modifications);

(c)amend, repeal or revoke any enactment or subordinate legislation (including the relevant provision and any provision of or made under this Act).

324Section 323: definitions

(1)In section 323 a “criminal justice enactment” means an enactment which—

(a)is contained in an Act passed after 1st January 2001; and

(b)amends the law of England and Wales relating to any criminal justice matter.

(2)In section 323 and subsection (1) “criminal justice matter” means—

(a)the powers of the police in connection with the investigation of offences or the detection of offenders;

(b)powers of arrest and detention in connection with crime or criminal proceedings;

(c)the functions of any authority in relation to criminal prosecutions;

(d)remand in custody or on bail;

(e)the rights and duties of a defendant in relation to proceedings in civilian courts;

(f)evidence or procedure in civilian courts;

(g)the powers of civilian courts, including powers in relation to sentence;

(h)such other matters relating to criminal justice as the Secretary of State may by order prescribe for the purposes of this paragraph.

(3)For the purposes of section 323, section 5 of the Criminal Justice (International Co-operation) Act 1990 (c. 5) (transfer of UK prisoner to give evidence etc overseas) is to be taken to be a criminal justice enactment.

(4)In section 323 “service court” means—

(a)the Court Martial;

(b)the Summary Appeal Court;

(c)the Service Civilian Court;

(d)the Court Martial Appeal Court; or

(e)the Supreme Court on an appeal brought from the Court Martial Appeal Court.

(5)In section 323 “service law proceedings” means proceedings under this Act or the Court Martial Appeals Act 1968 (c. 20) (and does not include proceedings relating to offences under sections 344 to 346 or under regulations made by virtue of section 328(4)(b) or 343(5)(b)).

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