Page:Sexual Offences (Amendment) Act 1992.pdf/6

This page has been proofread, but needs to be validated.
6c. 34
Sexual Offences (Amendment) Act 1992

(2) The modifications are—

(a) any reference to a trial shall be read as a reference to a trial by court-martial;
(b) in section 1 after the word “Wales”, in each of the places where it occurs in subsections (1) and (2), there shall be inserted “or Northern Ireland”;
(c) subject to subsection (3), in section 3(1) any reference to a judge, in relation to the person charged with the offence, shall be read as a reference to the officer who is authorised to convene, or has convened, a court-martial for the trial of the offence;
(d) in section 3(2), any reference to a judge shall be read as a reference to the court;
(e) in section 5(4), the reference to the Attorney General shall be read, in the case of an offence under section 5 which is alleged to have been committed in Northern Ireland, as a reference to the Attorney General for Northern Ireland; and
(f) for section 6(3)(a) to (d) there shall be substituted “he is charged, in pursuance of any provision of the 1955 c.18.
1955 c.19.
1957 c.53.
Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957, with an offence to which this Act applies”.

(3) Where, after convening a court-martial, the officer concerned has ceased to hold the appointment by virtue of which he convened that court-martial, any reference to a judge in section 3(1) shall be read as a reference to the officer holding that appointment.

(4) In section 36(1) of the 1968 c.20.Courts-Martial (Appeals) Act 1968 (which provides that certain powers of the Courts-Martial Appeal Court may be exercised by a single judge) after the words “section 5(1)(d) of that Act” there shall be inserted “or section 3(4) of the Sexual Offences (Amendment) Act 1992”.

Short title, commencement and extent, etc. 8.—(1) This Act may be cited as the Sexual Offences (Amendment) Act 1992.

(2) This Act and the Sexual Offences Acts 1956 to 1976 may be cited together as the Sexual Offences Acts 1956 to 1992.

(3) This section comes into force on the passing of this Act but otherwise this Act comes into force on such date as may be appointed by order made by the Secretary of State.

(4) The power to make an order under subsection (3) shall be exercisable by statutory instrument.

(5) Different dates may be appointed for different provisions of this Act and for different purposes.

(6) This Act shall not extend to Scotland, except so far as it relates to courts-martial and the Courts-Martial Appeal Court.

(7) This Act shall not extend to Northern Ireland, except so far as it relates to courts-martial and the Courts-Martial Appeal Court and to such a publication in, or such an inclusion of matter in a relevant programme for reception in, Northern Ireland as is mentioned in section 1(1) or (2) as adapted by section 7(2)(b).


PRINTED IN THE UNITED KINGDOM BY PAUL FREEMAN
Controller and Chief Executive of Her Majesty’s Stationery Office
and Queen’s Printer of Acts of Parliament
© Crown copyright 1992