Criminal Justice and Immigration Act 2008

Sexual Offences Act 2003 (c. 42)

56 (1) Section 133 (interpretation) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a) of the definition of “cautioned”, for “by a police officer” substitute “(or, in Northern Ireland, cautioned by a police officer)”;

(b) at the appropriate place insert—

““kept in service custody” means kept in service custody by virtue of an order under section 105(2) of the Armed Forces Act 2006 (but see also subsection (3));”.

(3) After subsection (2) insert—

“(3) In relation to any time before the commencement of section 105(2) of the Armed Forces Act 2006, “kept in service custody” means being kept in military, air-force or naval custody by virtue of an order made under section 75A(2) of the Army Act 1955 or of the Air Force Act 1955 or section 47G(2) of the Naval Discipline Act 1957 (as the case may be).”

(4) This paragraph extends to England and Wales and Northern Ireland only.