Armed Forces Act 2006 (c. 52)

Part 13 U.K. Discipline: Miscellaneous and Supplementary

Modifications etc. (not altering text)

C1 Pts. 11-13 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(3)(4)

Chapter 5 U.K. Supplementary

Other supplementary provisions U.K.

325 Evidential burden as respects excuses U.K.

(1) This section applies to an offence under any of sections 1 to 41, [F1 93A, 93E, 93G,] 107, 229, [F2 232G and 266] which is such that a person who would otherwise commit the offence—

(a) does not do so if he has a lawful excuse; or

(b) does not do so if he has a reasonable excuse.

(2) In proceedings for an offence to which this section applies, the defendant is to be treated as not having had a lawful excuse or reasonable excuse (as the case may be) unless sufficient evidence is adduced to raise an issue as to whether he had such an excuse.

Textual Amendments

F1 Words in s. 325(1) inserted (1.11.2013) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 4 para. 13(a); S.I. 2013/2501, art. 3(d)

F2 Words in s. 325(1) substituted (1.11.2013) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 4 para. 13(b); S.I. 2013/2501, art. 3(d)

Commencement Information

I1 S. 325 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2 S. 325 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

326 Exclusion of enactments requiring consent of Attorney General or DPP U.K.

Subject to section 61(2), no enactment requiring the consent of the Attorney General or the Director of Public Prosecutions in connection with any proceedings has effect in relation to proceedings under this Act for a service offence.

Commencement Information

I3 S. 326 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I4 S. 326 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

327 Local probation boards U.K.

For section 5A of the Criminal Justice and Court Services Act 2000 (c. 43) (inserted by Schedule 16 to this Act) substitute—

“5A Local probation boards and service justice

(1) A local probation board may, in pursuance of arrangements made with the Secretary of State, carry out activities anywhere in the world in relation to persons who are or have been subject to proceedings before the Court Martial, the Summary Appeal Court or the Service Civilian Court.

(2) Any activities carried out in relation to such persons must correspond to activities which the board is required or authorised to carry out in relation to persons who have been charged with or convicted of criminal offences.”

Commencement Information

I5 S. 327 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I6 S. 327 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4