Part 2

Jurisdiction and Time Limits
Chapter 2

Time Limits for Commencing Proceedings

Time limits for offences other than Reserve Forces Act offences

Time limit for charging civilian formerly subject to service discipline
58
1
Subsection (2) applies in any case where a person ceases to be a civilian subject to service discipline, except a case where at the time he does so he becomes subject to service law.
2
Where this subsection applies—
a
the person may not, after the end of six months beginning with the date he ceased to be a civilian subject to service discipline, be charged with a service offence committed while he was such a civilian; and
b
this applies even if he (again) becomes such a civilian within those six months.
3
Where a person ceases to be a civilian subject to service discipline and at the time he does so becomes subject to service law, section 57 has effect as if—
a
the reference in subsection (2) to a service offence committed while the person was subject to service law included a service offence committed during the relevant period; and
b
the reference in subsection (3) to becoming subject to service law included becoming a civilian subject to service discipline.
4
In subsection (3)(a) above “the relevant period” means the period while the person was a civilian subject to service discipline that ended with his becoming subject to service law.
5
Subsection (6) applies to a person—
a
who ceases to be a civilian subject to service discipline by reason only of—
i
leaving an area designated for the purposes of Schedule 15;
ia
leaving a country in which he fell within paragraph 5 of that Schedule;
ii
entering the British Islands; or
iii
leaving an area which a designation under paragraph 7 of Schedule 15 specifies as an area that he must be in for the designation to apply to him; and
b
who is residing or staying in a qualifying place at the time he does so.
6
As regards that time, and for so long after that time as he continues—
a
to reside or stay in a qualifying place, and
b
to be a person who is not a civilian subject to service discipline but who would be such a civilian if he were in a qualifying place,
he is to be treated for the purposes of this section (apart from subsection (5)) as being such a civilian.
7
In subsections (5) and (6) “in a qualifying place” means—
a
in relation to a person who falls within subsection (5)(a) by reason of leaving an area designated for the purposes of Schedule 15, in any such area;
aa
in relation to a person who falls within subsection (5)(a) by reason of leaving a country in which he fell within paragraph 5 of that Schedule, in that country or any other country in which he falls within that paragraph;
b
in relation to a person who falls within subsection (5)(a) by reason of entering the British Islands, outside the British Islands;
c
in relation to a person who falls within subsection (5)(a) by reason of leaving an area mentioned in subsection (5)(a)(iii), in that area.
8
In subsections (5)(a)(ia) and (7)(aa) “
country
” is to be read in accordance with paragraph 14 of Schedule 15.
S. 58 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
S. 58 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
S. 58(8) inserted (14.12.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 4 para. 5(c); S.I. 2012/2921, art. 3(b)
S. 58(5)(a)(ia) inserted (14.12.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 4 para. 5(a); S.I. 2012/2921, art. 3(b)
S. 58(7)(aa) inserted (14.12.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 4 para. 5(b); S.I. 2012/2921, art. 3(b)