Closed level - click to open| Army Act 1955 (c. 18) | |||
| Main body | |||
| Part II Discipline and Trial and Punishment of Military Offences | |||
| Trial of persons ceasing to be subject to military law and time limits for trials | |||
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132. (2) Where a person who has committed an offence of desertion, other than desertion on active service, hassince the offence served as a member of the regular forces continuously in an exemplary manner for not lessthan three years, he shall not be tried for that offence. [F2 (3) Except in relation to the offences specified in subsection (3A) below, no proceedings shall be takenagainst a person by virtue of subsection (1) of section 131 of this Act unless— (3A) Subsection (3) above does not apply to an offence against section 31 or 32 of this Act or desertion orto an offence against section 70 where the civil offence is alleged to have been committed outside theUnited Kingdom and the Attorney General consents to the proceedings.] (4) A person shall not be arrested or kept in custody by virtue of subsection (1) of the last foregoingsection for an offence at any time after he has ceased to be triable for the offence.
Limitation of time for trial of offences under military law.
— [F1 (1) Where by virtue of any enactment proceedings on indictment for any civil offence must be brought withina limited period, no proceedings shall be taken against any person for an offence against section 70 of thisAct corresponding to that civil offence unless the trial or proceedings on a summary dealing with the chargeis or are begun before the end of that period.](a)
in a case where the charge is one which may be dealt with summarily, the proceedings on the summarydealing with the charge are begun within three months or the trial by court-martial is begun within sixmonths after he ceases to be subject to military law;
(b)
in a case where the charge is one which cannot be dealt with summarily, the trial is begun within sixmonths after he ceases to be subject to military law.
F1 | S. 132(1) substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 7(1)(6) |
F2 | S. 132(3)(3A) substituted for s. 132(3) by Armed Forces Act 1981 (c. 55), s. 6(3)(c) |
C1 | S. 132 excluded (1.4.1997) by S.I. 1997/172, art. 86 |
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| Version no | Start date | End date | Extent | Confers power | Blanket amendment |
|---|---|---|---|---|---|
| > 1 | 01/02/1991 | E+W+S+N.I. | N | N |