OpenLegislation

Paragraph 195 I1I2

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Section 30 of that Act (conditional release from custody) is amended as follows.

(2)

In subsection (1) for “a court-martial, a summary appeal court or a Standing Civilian Court” substitute “ the Court Martial, the Summary Appeal Court or the Service Civilian Court ”.

(3)

In subsection (2)—

(a)

in paragraph (a) for the words from “a court-martial” to the end substitute “ the Court Martial, the determination of an appeal to the Court Martial Appeal Court, ”;

(b)

in paragraph (b) for the words from “a summary appeal court” to “1957 Act” substitute “ the Summary Appeal Court, the determination of an appeal to the High Court under section 149(2) of the Armed Forces Act 2006 ”;

(c)

in paragraph (c) for the words from “a Standing Civilian Court” to the end substitute “ the Service Civilian Court, the determination of an appeal to the Court Martial or of an appeal from the Court Martial to the Court Martial Appeal Court. ”

(4)

In subsection (4)—

(a)

for paragraph (d) substitute—

“(d)

create service offences punishable by any of the punishments mentioned in the Table in section 164 of the Armed Forces Act 2006,”;

(b)

in paragraph (e) for the words from “1955 Acts” to “Armed Forces Act 1976 (c. 52)” substitute “ Court Martial Appeals Act 1968 or the Armed Forces Act 2006 ”.

(5)

For subsections (5) and (6) substitute—

“(5A)

Where an order under this section creates an offence punishable with imprisonment, the maximum term it may authorise is two years.”

Annotations

Commencement

I1

Sch. 16 para. 195 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)

I2

Sch. 16 para. 195 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Notes on the whole Act

Textual amendments

F1

Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)