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Limitation of time for trial of offences under Act

Civil Defence Act 1986

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—(1) Subject to subsection (2), a person is not liable to be tried by a disciplinary officer for a service offence unless the trial begins within 3 years after the later of the following dates:(a)the date on which the service offence was alleged to have been committed; (b)the date on which information relating to the commission of that offence was first reported to or discovered by an investigating officer for that service offence.(2) Every person who is subject to this Act at the time of the alleged commission by the person of a service offence of desertion or absence without leave continues to be liable to be charged, dealt with and tried at any time under this Act.(3) In calculating the period of limitation referred to in subsection (1), there is not to be included —(a)any time during which a person was serving sentence in a prison;(b)any period of absence caused by a person’s detention in a drug rehabilitation centre or at any other place pursuant to the provisions of any other written law; and(c)any period of absence in respect of which a person has been found guilty by a disciplinary officer of desertion or absence without leave.(4) This section does not affect the jurisdiction of a court to try any person for any service offence committed by the person.

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