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Armed Forces Act 2006

Changes over time for: Section 359

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  • specified provision(s) transitional provisions for effects of commencing SI 2009/812 by S.I. 2009/1059 Order

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  • Pt. 12A inserted by 2016 c. 21 s. 7
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  • s. 304C inserted by 2016 c. 21 s. 9
  • s. 304D inserted by 2016 c. 21 s. 10
  • s. 304E inserted by 2016 c. 21 s. 11
  • s. 304F-304H inserted by 2016 c. 21 s. 12
  • Sch. 1 para. 14A inserted by 2019 c. 17 s. 67(2)
  • Sch. 1 para. 16A inserted by 2019 c. 17 s. 67(3)
  • Sch. 1 para. 21-24 inserted by 2019 c. 17 s. 67(4)
  • Sch. 2 para. 12(az) inserted by 2018 c. 5 Sch. 12 para. 28

359Pardons for servicemen executed for disciplinary offences: recognition as victims of First World WarU.K.

This section has no associated Explanatory Notes

(1)This section applies in relation to any person who was executed for a relevant offence committed during the period beginning with 4 August 1914 and ending with 11 November 1918.

(2)Each such person is to be taken to be pardoned under this section in respect of the relevant offence (or relevant offences) for which he was executed.

(3)In this section “relevant offence” means any of the following—

(a)an offence under any of the following provisions of the Army Act 1881 (c. 58)—

(i)section 4(2) (casting away arms etc);

(ii)section 4(7) (cowardice);

(iii)section 6(1)(b) (leaving post etc without orders);

(iv)section 6(1)(k) (sentinel sleeping etc on post or leaving post);

(v)section 7 (mutiny and sedition);

(vi)section 8(1) (striking etc superior officer);

(vii)section 9(1) (disobedience in defiance of authority);

(viii)section 12(1) (desertion or attempt etc to desert);

(b)an offence under any of the following provisions of the Indian Army Act 1911 (Indian Act, No 8 of 1911)—

(i)section 25(b) (casting away arms, cowardice, etc);

(ii)section 25(g) (sentry sleeping on post or quitting post);

(iii)section 25(i) (quitting guard etc);

(iv)section 27 (mutiny, disobedience, etc);

(v)section 29 (desertion or attempt to desert).

(4)This section does not—

(a)affect any conviction or sentence;

(b)give rise to any right, entitlement or liability; or

(c)affect the prerogative of mercy.

(5)Any reference in this section to a provision of the Army Act 1881 (c. 58) includes a reference to that provision as applied by any enactment, wherever enacted.

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