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Trial and punishment of service offences under Act despite offender ceasing to be subject to Act

Civil Defence Act 1986

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Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

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—(1) Subject to section 19, where a service offence under this Act has been committed, or is reasonably suspected of having been committed, by any person while subject to this Act, then in relation to that service offence the person is to be treated, for the purposes of this Act relating to arrest, keeping in custody, investigation of charges, trial and punishment by a disciplinary officer including review and execution of sentences, as continuing to be subject to this Act despite the person’s ceasing at any time to be subject thereto.(2) Subject to section 19, where a service offence under this Act has been committed, or is reasonably suspected of having been committed, by any person while subject to this Act, then the disciplinary officer or Disciplinary Board before whom the offence is triable may, under the authority of the Commissioner, order that person to report for trial for the offence as if that person continued to be subject to this Act despite the person ceasing at any time to be subject to this Act.(3) Any person who fails to comply with any order under subsection (2) —(a)is deemed to have failed to comply with a lawful order within the meaning of section 35(1); and(b)is liable to be arrested, proceeded against and punished for an offence under section 35(1) as if the person continued to be subject to this Act.(4) Where, while a person is in service custody by virtue of this section (whether before, during or after trial) the person commits, or is reasonably suspected of having committed, an offence which if the person were subject to this Act would be a service offence, then in relation to that offence or suspected offence the person is to be treated, for the purposes of this Act mentioned in subsection (1) and the provisions thereof as to the dealing with charges by a disciplinary officer, as having been subject to this Act when the offence was committed or is suspected of having been committed and as continuing to be subject to this Act thereafter.(5) Where under subsection (1) or (4) a person is treated as being at any time subject to this Act for the purpose of any provision of this Act, that provision is to apply to the person —(a)if the person holds any service rank, as to a person having that rank; and(b)in any other case, as to a person having the rank which the person had when last actually subject to this Act.(6) Where apart from this subsection any provision of this Act would under subsection (5) apply to a person, in relation to different service offences, as to a person having different ranks, the provision is to apply to the person as to a person having the lower or lowest of those ranks.

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