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Armed Forces Act 1996

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Changes over time for: SCHEDULE 3

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Version Superseded: 28/03/2009

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Section 10.

SCHEDULE 3U.K. Community supervision orders

The 1955 ActsU.K.

1(1)Paragraph 4 of Schedule 5A to each of the 1955 Acts (power of court to impose community supervision order on trial of civilian) shall be amended as follows.U.K.

(2)In sub-paragraph (1), for the words “12 months" there shall be substituted the words “ three years ”.

(3)After sub-paragraph (7) there shall be inserted the following sub-paragraphs—

(7A)Without prejudice to any other power of arrest, a person found committing an offence under sub-paragraph (6) above or alleged to have committed or reasonably suspected of having committed any such offence, may be arrested by a provost officer, by a warrant officer or non-commissioned officer legally exercising authority under a provost officer or on his behalf, or by order of any officer of the regular forces.

(7B)The power of arrest given to any person by sub-paragraph (7A) above may be exercised either personally or by ordering into arrest the person to be arrested or by giving orders for that person’s arrest.

(7C)A person shall not be arrested by virtue of sub-paragraph (7A) above after the end of a period of 6 months beginning with the end of the supervision period.

(7D)No proceedings shall be taken against a person for an offence under sub-paragraph (6) above unless the trial is begun within 6 months after the end of the supervision period.

(4)In sub-paragraph (10), for “£50" there shall be substituted “ £1,000 ”.

2U.K.In section 209 of each of the 1955 Acts (application to civilians), after subsection (3B) there shall be inserted the following subsection—

(3C)In its application to a person subject to a community supervision order under paragraph 4 of Schedule 5A to this Act, section 132 of this Act shall have effect as if subsections (3) and (3A) were omitted.

The 1957 ActU.K.

3(1)Paragraph 4 of Schedule 4A to the 1957 Act (power of court to impose community supervision order on trial of civilian) shall be amended as follows.U.K.

(2)In sub-paragraph (1), for the words “12 months" there shall be substituted the words “ three years ”.

(3)After sub-paragraph (7) there shall be inserted the following sub-paragraphs—

(7A)Without prejudice to any other power of arrest, a person found committing an offence under sub-paragraph (6) above or alleged to have committed or reasonably suspected of having committed any such offence, may be arrested by a provost officer, by any officer or person legally exercising authority under a provost officer or on his behalf, or by or on the orders of any officer subject to this Act.

(7B)The power of arrest given to any person by sub-paragraph (7A) above may be exercised either personally or by ordering into arrest the person to be arrested or by giving orders for that person’s arrest.

(7C)A person shall not be arrested by virtue of sub-paragraph (7A) above after the end of a period of 6 months beginning with the end of the supervision period.

(7D)No proceedings shall be taken against a person for an offence under sub-paragraph (6) above unless the trial is begun within 6 months after the end of the supervision period.

(4)In sub-paragraph (10), for “£50" there shall be substituted “ £1,000 ”.

4U.K.In the Fourth Schedule to the 1957 Act (application to civilians), after paragraph 4A there shall be inserted the following paragraph—

4BIn its application to a person subject to a community supervision order under paragraph 4 of Schedule 4A to this Act, section 52 of this Act shall have effect as if subsection (2) was omitted.

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