SCHEDULES

SCHEDULE 27Transitory, transitional and saving provisions

Part 5Criminal law

Reasonable force for purposes of self-defence etc.

I127

1

Section 76 applies whether the alleged offence took place before, or on or after, the date on which that section comes into force.

2

But that section does not apply in relation to—

a

any trial on indictment where the arraignment took place before that date, or

b

any summary trial which began before that date,

or in relation to any proceedings in respect of any trial within paragraph (a) or (b).

3

Where the alleged offence is a service offence, that section similarly does not apply in relation to—

a

any proceedings before a court where the arraignment took place before that date, or

b

any summary proceedings which began before that date,

or in relation to any proceedings in respect of any proceedings within paragraph (a) or (b).

4

For the purposes of sub-paragraph (3) summary proceedings are to be regarded as beginning when the hearing of the charge, or (as the case may be) the summary trial of the charge, begins.

5

In this paragraph—

  • “service offence” means—

    1. a

      any offence against any provision of Part 2 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), Part 2 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or Part 1 of the Naval Discipline Act 1957 (c. 53); or

    2. b

      any offence under Part 1 of the Armed Forces Act 2006 (c. 52);

  • “summary proceedings” means summary proceedings conducted by a commanding officer or appropriate superior authority.