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The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009

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Trial by civil courts of offences committed before commencement

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201.—(1) In section 105(3) of RFA 1996 (service offences triable by civil court) the reference to any service offence other than an offence under that Act or an offence mentioned in section 98(1) of that Act includes any SDA offence other than—

(a)an offence under RFA 1996; or

(b)an offence under section 37 or 38 of AA 1955 or AFA 1955 or section 16 or 17 of NDA 1957 (desertion and absence without leave).

(2) In relation to an offence under section 95(1)(b) of RFA 1996 (threatening or insulting language or insubordination), section 95(2)(b) of that Act has effect without the amendment made by AFA 2006.

(3) In section 98(1) and (3) of RFA 1996 (trial and punishment by civil court of desertion or absence without leave), references to an offence under section 8 or 9 of AFA 2006 include an offence under section 37 or 38 of AA 1955 or AFA 1955 or section 16 or 17 of NDA 1957.

(4) In relation to an offence under section 99 of RFA 1996 (false pretence of illegal absence) committed before commencement, that section has effect notwithstanding its repeal by AFA 2006.

(5) In section 107(1) of RFA 1996 (time for institution of proceedings) the reference to a service offence includes an SDA offence.

(6) Section 107(3) of RFA 1996 (time for institution of proceedings for an offence under section 96(1) committed by a person liable to recall) does not apply in relation to an offence under section 96(1) of that Act committed before commencement if, immediately before commencement, any enactment prohibited the institution of proceedings for the offence.

(7) For the purposes of paragraph (6), an enactment is to be regarded as having prohibited the institution of proceedings for an offence if, had proceedings been instituted, the enactment would have prohibited the trial of the offence.

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