The Criminal Procedure and Investigations Act 1996 (Application to the Armed Forces) Order 2009

Transitional provisions

21.—(1) In this article—

(a) “2008 Order” means the Criminal Procedure and Investigations Act 1996 (Application to the Armed Forces) Order 2008;

(b) “commencement” means the date on which this Order comes into force;

(c) “relevant person” means a person who on or after 1st April 2008 was charged under section 83B of the Army Act 1955(1) or the Air Force Act 1955(2), section 52I of the Naval Discipline Act 1957(3) or article 6 of the Standing Civilian Courts Order 1997(4).

(2) In article 2(a) the reference to a person charged under section 120 or 121 of the 2006 Act includes a relevant person; and references in this Order to the accused shall be construed accordingly.

(3) Where the accused is a relevant person—

(a) anything (including any failure or omission) done under the 2008 Order on a date before commencement by or in relation to a prosecutor (within the meaning of that order) shall be treated for the purposes of this Order as if it had been done on that date by or in relation to the Director under the equivalent provision of this Order;

(b) anything done under the 2008 Order on a date before commencement by a judicial officer (within the meaning of that Order) shall be treated for the purposes of this Order as if it had been done on that date by a judge advocate under the equivalent provision of this Order;

(c) any other thing (including any failure or omission) done on a date before commencement by or in relation to him shall be treated for the purposes of this Order as if it had been done by or in relation to him on that date under the equivalent provision of this Order;

(d) any reference in this Order to a specified provision of it includes, in relation to any date before commencement, the equivalent provision of the 2008 Order;

(e) any reference in this Order to his “commanding officer” is, in relation to any date before commencement, his commanding officer as determined by or under section 82 of the Army Act 1955 or the Air Force Act 1955 or section 52E of the Naval Discipline Act 1957.

(1)

1955 c. 18.

(2)

1955 c. 19.

(3)

1957 c. 53.

(4)

S.I. 1997/172.