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14In each of sections 190(1)(a), 191(2)(b) and 193(2)(b) of AFA 2006 (circumstances where suspended sentence may be activated), for “an offence in the British Islands” substitute “ an offence under the law of any part of the British Islands ”.E+W+S+N.I.
15(1)Section 194 of AFA 2006 (limits on commanding officer's powers to activate suspended sentence) is amended as follows.E+W+S+N.I.
(2)In subsection (4) for “before the relevant time” substitute “ within the relevant time (defined by section 194A) ”.
(3)Omit subsection (6).
16After section 194 of AFA 2006 insert—E+W+S+N.I.
(1)In section 194(4) “within the relevant time” means—
(a)where section 193(2)(a) applies, before the start of the summary hearing of the charge mentioned there (but this is subject to subsections (2) and (3));
(b)where section 193(2)(b) applies, before the start of the hearing as to whether an order under section 193 should be made.
(2)Subsection (3) applies where the summary hearing of the charge mentioned in section 193(2)(a) is one where, after the start of the hearing—
(a)a charge is amended under section 123(2)(a);
(b)a charge is substituted for another charge under section 123(2)(b); or
(c)an additional charge is brought under section 123(2)(c).
(3)Any application for or grant of extended powers which is made in the period between—
(a)the making of the amendment, substitution or addition, and
(b)the time when the summary hearing is proceeded with after the amendment, substitution or addition,
is to be treated for the purposes of section 194(4) as made within the relevant time.”
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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