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24 2007

Defence (Amendment) Act 2007

SCHEDULE 1

Saving and Transitional Provisions

Section 3 .

Offences committed before commencement of this Act.

1. In the case of an offence committed before the commencement of this Act, the amendments made to the Principal Act by this Act shall not be exercised so as to allow the imposition in respect of the offence of a punishment more severe than that which was applicable when that offence was committed.

Person remanded for trial by court-martial.

2. Without prejudice to section 26(2)(c) of the Interpretation Act 2005 , where, before the commencement of this Act, a person has been remanded for trial by court-martial or re-trial (in a case where a re-trial has been ordered by the Courts-Martial Appeal Court) and a court-martial has not yet been convened in accordance with the Principal Act, then, subject to the directions of the Director, the person may, subject to paragraph 1, be tried and punished in like manner as if the person had been remanded for trial or re-trial after the commencement of this Act.

Election for trial by court-martial.

3. (1) Where before the commencement of Chapter 3 of Part 3

(a) a charge is being dealt with summarily under section 177 or 178, as the case may be, and

(b) the person charged has not yet been asked in accordance with that section, as appropriate, whether the person elects to have the charge disposed of summarily or to be tried by court-martial,

then, section 177B or 178B, as the case may be, of the Principal Act shall have effect as if that section required the authorised officer or commanding officer, as appropriate, to afford the person charged the opportunity of electing for trial by court-martial in relation to the charge before continuing to dispose of it summarily.

(2) Any election for trial by court-martial made before the commencement of Chapter 3 of Part 3 shall be treated on or after that date as if made under section 177B or 178B of the Principal Act, as appropriate.

Appeals to summary court-martial.

4. (1) Sections 178E, 178F and 178G of the Principal Act shall only apply to determinations made, punishments awarded and compensation orders made after the coming into operation of Chapter 3 of Part 3 .

(2) Sections 179D and 179E of the Principal Act shall only apply to determinations made, punishments awarded and compensation orders made after the coming into operation of Chapter 3 of Part 3 .

Application of section 180 of Principal Act.

5. The repeal of section 180 of the Principal Act by section 4 shall not affect the application of that section to punishments awarded under Chapter IV of Part V of that Act before the commencement of Chapter 3 of Part 3 .