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

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Application of AFA 2006 ss. 63 and 64

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27.  (1)  In section 63 of AFA 2006 (service proceedings barring subsequent service proceedings)—

(a)any reference to a service offence includes an SDA offence; and

(b)subsection (3) has effect as if the cases mentioned in it included the following cases—

(i)where the person was convicted or acquitted of offence A by a court-martial convened under AA 1955 or AFA 1955 or a Standing Civilian Court and offence B is an offence of which the person could, on acquittal of offence A, have been convicted under section 98(2), (5) or (6) of AA 1955 or AFA 1955;

(ii)where the person was convicted or acquitted of offence A by a court-martial assembled under NDA 1957, or at a summary trial under that Act, and offence B is an offence of which the person could, on acquittal of offence A, have been convicted under section 68 of NDA 1957.

(2) In section 64 of AFA 2006 (service proceedings barring subsequent civilian proceedings)—

(a)the references in subsection (1) to an offence under section 42 of that Act include an SDA civil offence; and

(b)where section 64 applies by reason of the conviction, acquittal or taking into consideration of an SDA civil offence, the reference in subsection (3) to the offence under section 42 is to be read as a reference to the SDA civil offence.

(3) In sections 63 and 64 of that Act, and in this article, in relation to an SDA offence—

(a)references to conviction include—

(i)a finding being recorded under section 76B(7) of AA 1955 or AFA 1955 that a charge has been proved; and

(ii)a finding of guilt being recorded under section 52D(7) of NDA 1957;

(b)references to acquittal include—

(i)dismissal of a charge under section 76(5)(a) or 76B(2) of AA 1955 or AFA 1955 or section 52B(5)(a) of NDA 1957; and

(ii)referral of a charge back under section 76A(2) of AA 1955 or AFA 1955 or section 52C(2) of NDA 1957 with a direction to dismiss the charge.

(4) For the purposes of sections 63 and 64 of AFA 2006 a person shall be taken not to have had an SDA offence taken into consideration when being sentenced if the taking into consideration was annulled by the reviewing authority.

(5) Paragraph (4) does not affect section 65(3) of AFA 2006 in its application to SDA offences.

(6) In section 63(3)(c) of AFA 2006, the reference to section 161 includes a reference to article 77.

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