Defence Act 1954

Time limit for trial of offences.

123

123. F64 [ (1) Subject to subsection (1A), a person subject to military law shall not be charged with an offence (other than that of mutiny, desertion, fraudulent enlistment or a civil offence committed by a person subject to military law while he was on active service outside the State or while he was despatched for service outside the State for any purpose specified in section 3 of the Defence (Amendment) Act 2006 ) against military law triable by court-martial under this Act after the end of six years beginning with the date of commission of the offence. ]

F65 [ (1A) Proceedings for the summary disposal of a scheduled offence under Chapter IV of this Part may be commenced

( a ) at any time within 12 months from the date on which the offence was committed, or

( b ) at any time within 12 months from the date on which evidence sufficient, in the opinion of the person by whom the proceedings are initiated, to justify the proceedings comes to that person s knowledge,

whichever is the later, but no such proceedings shall be commenced later than 3 years from the date on which the offence concerned was committed.

(1B) In calculating a period referred to in subsection (1) or (1A) of this section there shall not be included any period during which the person is certified by his commanding officer as being

( a ) on active service,

( b ) despatched for service outside the State for any purpose specified in section 3 of the Defence (Amendment) Act 2006 ,

( c ) otherwise engaged in any other essential operational duties within or outside the State,

( d ) absent without leave, or

( e ) unavailable for investigation due to illness. ]

(2) This section shall not affect the jurisdiction of a civil court in the case of any offence triable by such court as well as by court-martial.

Annotations:

Amendments:

F64

Substituted (21.04.2007) by Defence (Amendment) Act 2007 (24/2007), s. 14(a), commenced on enactement as per s. 1(3).

F65

Inserted (21.04.2007) by Defence (Amendment) Act 2007 (24/2007), s. 14(b), commenced on enactment as per s. 1(3).