Section 135A Extended powers: time for obtainingF1

(1)

In each of sections 133(3), 134(2) and 135(5), “within the relevant time” means before the start of the summary hearing; but this is subject to subsections (2) and (3).

(2)

Subsection (3) applies where after the start of a summary hearing—

(a)

a charge is amended under section 123(2)(a);

(b)

a charge is substituted for another charge under section 123(2)(b); or

(c)

an additional charge is brought under section 123(2)(c).

(3)

Any application for or grant of extended powers which is made in the period between—

(a)

the making of the amendment, substitution or addition, and

(b)

the time when the summary hearing is proceeded with after the amendment, substitution or addition,

is to be treated for the purposes of sections 133(3), 134(2) and 135(5) as made within the relevant time.

Annotations

Textual amendments

F1: S. 135A inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 11; S.I. 2012/669, art. 4(d)

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)