The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009

Effect of time limits for trial in relation to summary hearing

48.—(1) For the purposes of article 46(4), the time limit for court-martial trial has expired in relation to a charge (“the CO’s charge”) if—

(a)a charge has been preferred by the prosecuting authority in relation to the case to which the CO’s charge relates, and the time limit for court-martial trial of the charge so preferred has expired (within the meaning given by article 45(1)); or

(b)no charge has been so preferred, but if a charge in the same terms as the CO’s charge had been preferred by the prosecuting authority (and no trial of it had begun by commencement), that time limit would have expired.

(2) Paragraph (3) applies where a charge is allocated for summary hearing for the purposes of Part 5 of AFA 2006—

(a)by virtue of article 46; or

(b)by virtue of having been referred to the accused’s commanding officer under section 125(2)(e) of AFA 2006 following initial allocation of the charge (or of a charge for which it was substituted or to which it was added) for Court Martial trial under article 44 or 47(2).

(3) If the time limit for summary dealing or trial expired before commencement, the accused’s commanding officer may not hear the charge (and section 124(2) of AFA 2006 has effect subject to this).

(4) For the purposes of paragraph (3), the time limit for summary dealing or trial expired before commencement if, immediately before commencement, summary dealing with or summary trial of the charge was prohibited by section 132 of AA 1955 or AFA 1955 or section 52 of NDA 1957.

(5) If the charge is one which would not at any time have been capable of being dealt with summarily or tried summarily under AA 1955, AFA 1955 or NDA 1957, that is to be ignored for the purposes of paragraph (4).

(6) In paragraphs (4) and (5) “the charge”, in a case where a charge has been substituted for or added to a charge initially allocated for Court Martial trial, means the charge initially allocated for Court Martial trial.

(7) Paragraph (3) does not apply if—

(a)the offence charged is such that under section 132(3A) of AA 1955 or AFA 1955 or section 52(3) of NDA 1957 the Attorney General could have consented to proceedings in respect of it; and

(b)the Attorney General consents to the charge being heard by the commanding officer.

(8) Where under this article a commanding officer is prevented from hearing a charge, he may not hear any charge substituted for that charge.