Section 194A Extended powers of activation: time for obtainingF1

(1)

In section 194(4) “within the relevant time” means—

(a)

where section 193(2)(a) applies, before the start of the summary hearing of the charge mentioned there (but this is subject to subsections (2) and (3));

(b)

where section 193(2)(b) applies, before the start of the hearing as to whether an order under section 193 should be made.

(2)

Subsection (3) applies where the summary hearing of the charge mentioned in section 193(2)(a) is one where, after the start of the 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 section 194(4) as made within the relevant time.

Annotations

Textual amendments

F1: S. 194A inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 16; 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)

Notes on Part 8

Modifications

C1: Pt. 8 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(2)