Explanatory Notes

Armed Forces Act 2006

2006 CHAPTER 52

8 November 2006

Commentary

First Group of Parts – Discipline

Part 2 – Jurisdiction and Time Limits
Chapter 3 – Double Jeopardy
Section 66: Civilian proceedings barring subsequent service proceedings

156.This section bars the trial or hearing of a charge of an offence under section 42 if, under the double jeopardy rules of England and Wales, a civilian court could not try a charge of the corresponding civilian offence (because the accused has previously been convicted or acquitted of that offence or a related offence). The section similarly bars the trial or hearing of a charge of any other service offence which requires proof of an offence under English law if the accused could not be tried for the civilian offence because he has previously been acquitted of it.