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Armed Forces Act 2006

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This is the original version (as it was originally enacted).

Chapter 3Double Jeopardy

63Service proceedings barring subsequent service proceedings

(1)This section applies where a person—

(a)has been convicted or acquitted of a service offence; or

(b)has had a service offence taken into consideration when being sentenced;

and in this section “offence A” means the offence mentioned in paragraph (a) or (b).

(2)The Court Martial may not try that person for an offence (“offence B”) if—

(a)offence B is the same offence in law as offence A, or subsection (3) applies; and

(b)the alleged facts on which the charge in respect of offence B is based are the same, or substantially the same, as those on which the charge in respect of offence A was based.

(3)This subsection applies if—

(a)the person was convicted of offence A, or offence A was taken into consideration, and offence B is an offence all of whose elements are elements of offence A;

(b)the person was acquitted of offence A and offence B is an offence whose elements include all the elements of offence A; or

(c)the person was convicted or acquitted of offence A by the Court Martial or the Service Civilian Court and offence B is an offence of which under section 161 (alternative offences) he could have been convicted on acquittal of offence A.

(4)Where offence A is an offence taken into consideration which was not charged, the reference in subsection (2)(b) to the facts on which the charge in respect of offence A was based is to be read as a reference to the facts on which a charge in respect of offence A would have been based.

(5)Where by reason of this section a person cannot be tried by the Court Martial for an offence—

(a)the Service Civilian Court may not try him for that offence; and

(b)a charge against him in respect of that offence may not be heard summarily by an officer.

64Service proceedings barring subsequent civilian proceedings

(1)This section applies where a person—

(a)has been convicted or acquitted of an offence under section 42 (criminal conduct); or

(b)has had such an offence taken into consideration when being sentenced.

(2)A civilian court in a relevant territory may not try that person for any offence for which, under the law of that territory, it would be debarred from trying him if he had been convicted or (as the case may be) acquitted by a court in England and Wales of the relevant offence.

(3)“The relevant offence” means the offence under the law of England and Wales which the act (or alleged act) constituting the offence under section 42 amounted to.

(4)Where that act (or alleged act) would amount to an offence under the law of England and Wales if it had been done in England or Wales, for the purposes of subsection (3) it shall be assumed to amount to that offence.

(5)In this section “relevant territory” means—

(a)England and Wales;

(b)Scotland;

(c)Northern Ireland; or

(d)the Isle of Man.

(6)In this section “act” includes an omission and references to the doing of an act are to be read accordingly.

65Sections 63 and 64: supplementary

(1)If a direction under section 127(1) or (2) has been made in relation to an offence, the person to whom the direction relates shall be treated—

(a)for the purposes of section 63, and

(b)in the case of a direction under section 127(2), for the purposes of section 64,

as if he had been acquitted of the offence.

(2)The reference in subsection (1)(a) above to section 63 does not include subsection (3)(c) of that section.

(3)For the purposes of sections 63 and 64 a person shall be taken not to have had an offence taken into consideration when being sentenced if the sentence has been quashed.

66Civilian proceedings barring subsequent service proceedings

(1)The Court Martial may not try a person for an offence under section 42 (criminal conduct) if the act constituting the offence amounts to an offence under the law of England and Wales for which a civilian court in England and Wales would on the ground of autrefois acquit or autrefois convict be debarred from trying him.

(2)The Court Martial may not try a person for a non-criminal service offence (that is, a service offence not under section 42) if—

(a)any act constituting an element of the offence amounts to an offence under the law of England and Wales (“offence X”); and

(b)a civilian court in England and Wales would on the ground of autrefois acquit be debarred from trying the person for offence X.

(3)Where an act constituting—

(a)an offence under section 42, or

(b)an element of a non-criminal service offence,

would amount to an offence under the law of England and Wales if it had been done in England or Wales, it shall be assumed for the purposes of subsection (1) or (2) to amount to that offence.

(4)Where a civilian court (anywhere) has taken an offence into consideration in sentencing a person and the sentence has not been quashed, the person shall be treated for the purposes of subsection (1) as having been convicted by that court of that offence.

(5)Where by reason of this section a person cannot be tried by the Court Martial for an offence—

(a)the Service Civilian Court may not try him for that offence; and

(b)a charge against him in respect of that offence may not be heard summarily by an officer.

(6)This section does not apply in any case where the question whether a person can be tried for an offence (or dealt with summarily for it) is determined by section 63.

(7)In this section “act” includes an omission and references to the doing of an act are to be read accordingly.

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