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The Armed Forces (Alignment of Service Discipline Acts) (No. 2) Order 2008

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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Armed Forces (Alignment of Service Discipline Acts) (No. 2) Order 2008 No. 3294

Prosecuting authority for the Royal Navy

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4.  For section 52H of the Naval Discipline Act 1957(1) (the prosecuting authority) substitute—

52H    The prosecuting authority

(1) Her Majesty may appoint a person as the prosecuting authority for the Royal Navy; and in this Act “the prosecuting authority” means the person so appointed.

(2) A person may be appointed as the prosecuting authority only if the person—

(a)has a ten year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41);

(b)is an advocate or solicitor in Scotland of at least ten years’ standing;

(c)is a member of the Bar of Northern Ireland, or a solicitor of the Court of Judicature of Northern Ireland, of at least ten years’ standing; or

(d)has in a relevant territory rights and duties similar to those of a barrister or solicitor in England and Wales, has had those rights and duties for at least ten years, and is subject to punishment or disability for breach of professional rules.

(3) The prosecuting authority shall hold and vacate office in accordance with the terms of that authority’s appointment.

(4) In this section “relevant territory” means—

(a)any of the Channel Islands;

(b)the Isle of Man;

(c)a country other than the United Kingdom that is a member of the Commonwealth; or

(d)a British overseas territory.

(1)

1957 c. 53. Section 52H of the Naval Discipline Act 1957 was inserted by the Armed Forces Act 1996, section 5 and Schedule 1, Part 2, paragraph 16.

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