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

Effect of time limits for court-martial trial

45.—(1) For the purposes of article 44, the time limit for court-martial trial has expired in relation to a charge if, immediately before commencement—

(a) trial of the charge was prohibited by section 132 of AA 1955 or AFA 1955 or section 52 of NDA 1957 (limitation of time for trial); and

(b) the prohibition could not have been lifted by the Attorney General’s giving consent under section 132(3A) of AA 1955 or AFA 1955 or section 52(3) of NDA 1957.

(2) Paragraph (3) applies where—

(a) by virtue of article 44 a charge is allocated for Court Martial trial for the purposes of Part 5 of AFA 2006;

(b) immediately before commencement, trial of the charge was prohibited as mentioned in paragraph (1)(a); and

(c) the prohibition could have been lifted as mentioned in paragraph (1)(b).

(3) Where this paragraph applies—

(a) the Court Martial may not without the Attorney General’s consent try the charge (or any charge substituted for it, or brought in addition to it, under section 125(2)(b) or (c) of AFA 2006); and

(b) the Director of Service Prosecutions may not refer the charge to the accused’s commanding officer.