Armed Forces Act 2006
First Group of PartsDiscipline
Part 1Offences
Assisting an enemy, misconduct on operations etc
1Assisting an enemy
2Misconduct on operations
3Obstructing operations
4Looting
5Failure to escape etc
Mutiny
6Mutiny
7Failure to suppress mutiny
Desertion and absence without leave
8Desertion
9Absence without leave
10Failure to cause apprehension of deserters or absentees
Insubordination etc
11Misconduct towards a superior officer
12Disobedience to lawful commands
13Contravention of standing orders
14Using force against a sentry etc
Neglect of duty and misconduct
15Failure to attend for or perform duty etc
16Malingering
17Disclosure of information useful to an enemy
18Making false records etc
19Conduct prejudicial to good order and discipline
20Unfitness or misconduct through alcohol or drugs
20AExceeding alcohol limit for prescribed safety-critical duties
21Fighting or threatening behaviour etc
22Ill-treatment of subordinates
23Disgraceful conduct of a cruel or indecent kind
Property offences
24Damage to or loss of public or service property
25Misapplying or wasting public or service property
26Sections 24 and 25: “public property” and “service property”
Offences against service justice
27Obstructing or failing to assist a service policeman
28Resistance to arrest etc
29Offences in relation to service custody
30Allowing escape, or unlawful release, of prisoners etc
Ships and aircraft
31Hazarding of ship
32Giving false air signals etc
33Dangerous flying etc
34Low flying
35Annoyance by flying
36Inaccurate certification
37Prize offences by officer in command of ship or aircraft
38Other prize offences
Attempts, encouragement and assistance , and aiding and abetting
39Attempts
40Encouraging and assisting
41Aiding, abetting, counselling or procuring
Criminal conduct
42Criminal conduct
43Attempting criminal conduct
44Trial of section 42 offence of attempt
45Conspiring to commit criminal conduct
46Encouraging or assisting criminal conduct
47Aiding, abetting, counselling or procuring criminal conduct
48Provision supplementary to sections 43 to 47
49Air Navigation Order offences
Part 2Jurisdiction and Time Limits
Chapter 1Jurisdiction
Court Martial
50Jurisdiction of the Court Martial
Service Civilian Court
51Jurisdiction of the Service Civilian Court
Commanding officers
52Charges capable of being heard summarily
53Offences that may be dealt with at a summary hearing
54Charges which may be heard summarily only with permission or by senior officer
Chapter 2Time Limits for Commencing Proceedings
Time limits for offences other than Reserve Forces Act offences
55Time limit for charging former member of a regular or reserve force
56Time limit for charging certain members or former members of ex-regular reserve forces
57Time limit for charging person formerly subject to service law
58Time limit for charging civilian formerly subject to service discipline
59Time limit for charging offence under section 107
60Time limit for charging offence under section 266
61Sections 55 to 60: exceptions and interpretation
Time limit for Reserve Forces Act offences
62Time limit for charging Reserve Forces Act offences
Chapter 3Double Jeopardy
63Service proceedings barring subsequent service proceedings
64Service proceedings barring subsequent civilian proceedings
65Sections 63 and 64: supplementary
66Civilian proceedings barring subsequent service proceedings
Part 3Powers of Arrest, Search and Entry
Chapter 1Arrest etc
Powers of arrest
67Power of arrest for service offence
68Section 67: supplementary
69Power of arrest in anticipation of commission of service offence
Search on arrest
70Search by service policeman upon arrest
71Search by other persons upon arrest
72Sections 70 and 71: supplementary
73Seizure and retention after search upon arrest
74Power to make provision conferring power to search premises at which person arrested
Chapter 2Stop and Search
75Power of service policeman to stop and search persons, vehicles etc
76Stop and search by persons other than service policemen
77Sections 75 and 76: definitions
78Places in which powers under sections 75 and 76 may be exercised
79Sections 75 and 76: limitation on searching persons or vehicles in certain gardens etc
80Searches under sections 75 and 76: supplementary
81Power to make further provision about searches under sections 75 and 76
82Application of Chapter to ships and aircraft
Chapter 3Powers of Entry, Search and Seizure
Entry for purposes of obtaining evidence etc
83Power of judge advocate to authorise entry and search
84Section 83: definitions
85Section 83: power to make supplementary provision
86Power to make provision as to access to excluded material etc
87Power of CO to authorise entry and search by service policeman
88Power of CO to authorise entry and search by other persons
89Review by judge advocate of certain searches under section 87 or 88
Entry for purposes of arrest etc
90Entry for purpose of arrest etc by a service policeman
91Entry for purpose of arrest etc by other persons
Additional powers of entry, search and seizure
92Power to make provision conferring powers of entry and search after arrest
93Power to make provision conferring power of seizure etc
CHAPTER 3ATesting for alcohol and drugs in connection with a suspected offence or accident
Preliminary testing for alcohol and drugs
93ACommanding officer's power to require preliminary tests
93AASection 93A: interpretation
93BPreliminary breath test
93CPreliminary impairment test
93DPreliminary drug test
Provision of specimens for analysis
93EProvision of specimens for analysis
93FFurther provision about specimens under section 93E
93GSpecimens of blood from persons incapable of consenting
General provisions relating to testing
93HPatients in medical establishments
93IDefinitions for purposes of Chapter 3A
Chapter 4Supplementary
94Property in possession of service police or CO
94AProperty subject to deprivation order: modification of section 94
95Saving provision
96“Service living accommodation”, “premises” and other definitions
97Power to use reasonable force
Part 4Custody
Chapter 1Custody without Charge
98Limitations on custody without charge
99Authorisation by commanding officer of custody without charge
100Review of custody by commanding officer
101Extension by judge advocate of custody without charge
102Further provision about applications under section 101
103Custody without charge: other cases
104Custody without charge: supplementary
Chapter 2Custody etc after Charge
Custody after charge
105Custody after charge
106Conditions A to D
107Release from custody after charge
108Review of custody after charge
109Custody during proceedings of Court Martial or Service Civilian Court
Arrest after charge
110Arrest after charge or during proceedings by order of commanding officer
111Arrest during proceedings at direction of court
Chapter 3Custody Proceedings Rules
112Custody proceedings rules
Part 5Investigation, Charging and Mode of Trial
Chapter 1Investigation
Duties of commanding officers
113CO to ensure service police aware of possibility serious offence committed
114CO to ensure service police aware of certain circumstances
115Duty of CO with respect to investigation of service offences
Provost Marshal's duty in relation to independence of investigations
115AProvost Marshal's duty in relation to independence of investigations
Duty of service policeman following investigation
116Referral of case following investigation by service or civilian police
117Section 116: position where investigation is of multiple offences or offenders
118Duty of service policeman to notify CO of referral to DSP
Chapter 2Charging and Mode of Trial
Powers of charging etc
119Circumstances in which CO has power to charge etc
120Power of CO to charge etc
121Power of DSP to charge or direct bringing of charge etc
122Charges brought by or at direction of DSP
Powers of commanding officer or DSP after charge etc
123Powers of CO after charge
124CO to hear charge allocated for summary hearing
125Powers of DSP in respect of charge allocated for Court Martial trial
126Powers of DSP in respect of charge allocated for SCC trial
Chapter 3Supplementary
127Directions by DSP barring further proceedings
128Regulations for purposes of Part 5
Part 6Summary Hearing and Appeals and Review
Chapter 1Summary Hearing
Right to elect Court Martial trial
129Right to elect Court Martial trial
130Further consequences of election for Court Martial trial
130ARestrictions on DSP's powers to substitute or add charges after election
Summary hearing
131Summary hearing
Punishments available to commanding officer
132Punishments available to commanding officer
133Detention: limits on powers
134Forfeiture of seniority: requirement for approval
135Reduction in rank: limits on powers
135AExtended powers: time for obtaining
136Fine: maximum amount
137Service compensation orders: maximum amount
138Prohibited combinations of punishments
139Savings for maximum penalties for offences
Chapter 2The Summary Appeal Court
140The Summary Appeal Court
141Right of appeal
142Constitution of the SAC for appeals
143Officers and warrant officers qualified for membership of the SAC
144Officers and warrant officers ineligible for membership in particular circumstances
145Open court
146Hearing of appeals
147Powers of the SAC
148Effect of substituted punishment
149Making of, and appeals from, decisions of the SAC
150Privileges of witnesses and others
151SAC rules
Chapter 3Review of Summary Findings and Punishments
152Review of summary findings and punishments
Chapter 4Summary Hearings etc Rules
153Summary hearings etc rules
Part 7Trial by Court Martial
Chapter 1The Court Martial
154The Court Martial
155Constitution of the Court Martial
156Officers etc qualified for membership of the Court Martial
157Officers etc ineligible for membership in particular circumstances
Chapter 2Court Martial Proceedings
158Open court
159Rulings and directions
160Decisions of Court Martial: finding and sentence
161Power of Court Martial to convict of offence other than that charged
162Privileges of witnesses and others
163Court Martial rules
163AOffences
Chapter 3Punishments Available to Court Martial
164Punishments available to Court Martial
165Sentencing powers of Court Martial where election for trial by that court instead of CO
Chapter 4Findings of Unfitness to Stand Trial and Insanity
166Fitness to stand trial
167Finding that defendant did the act or made the omission charged
168Findings of insanity
169Powers where person unfit to stand trial or not guilty by reason of insanity
170Service supervision orders
171Remission for trial
172Provision supplementary to sections 166 and 168
Part 8Sentencing Powers and Mandatory etc Sentences
Chapter 1Definition etc of Certain Sentences
Service supervision and punishment orders
173Service supervision and punishment orders
174Review of service supervision and punishment orders
Service compensation orders
175Service compensation orders
176Service compensation orders: appeals etc
177Review of service compensation orders
177AEffect of service compensation order on subsequent award of damages in civil proceedings
Deprivation orders
177BDeprivation orders: interpretation
177CDeprivation order: availability
177DVehicle to be treated as used for purposes of certain offences
177EExercise of power to make deprivation order
177FApplication of proceeds of property subject to deprivation order
Driving disqualification orders
177GDriving disqualification orders
177HDriving disqualification: availability
177IDisqualification period
177JExtension of disqualification where custodial sentence or service detention also imposed
177KEffect of custodial sentence or service detention in other cases
177LRequirement to produce licences where driving disqualification order made
177MDriving disqualification: power to make equivalent provision to Road Traffic Offenders Act 1988
Service community orders (civilians and dismissed servicemen only)
178Service community orders
179Review of service community order imposing drug rehabilitation requirement
180Transfer of service community order to Scotland or Northern Ireland
181Breach, revocation or amendment of service community order
Overseas community orders (civilians only)
182Overseas community orders
183Overseas community orders: modifications of the Sentencing Code
184Breach, revocation or amendment of overseas community order
Conditional or absolute discharge (civilians only)
185Conditional or absolute discharge
186Commission of further offence by person conditionally discharged
187Effect of discharge
Chapter 2Consecutive Sentences
188Consecutive custodial sentences
189Consecutive sentences of service detention
Chapter 3Suspended Sentence of Service Detention
190Suspension of sentence of service detention
191Activation by Court Martial of suspended sentence of service detention
192Activation by Court Martial: appeals
193Activation by CO of suspended sentence of service detention
194Activation by CO: maximum term
194AExtended powers of activation: time for obtaining
195Suspended sentences: powers of SAC
Chapter 4Imprisonment for Term of two years or less
...
196Term of sentence etc
Imprisonment with or without “custody plus” order
197Imprisonment with or without a custody plus order
198Transfer to Scotland or Northern Ireland of custody plus order
199Revocation and amendment of custody plus orders
Suspended sentences of imprisonment
200Suspended sentence orders
200AModifications of section 286 of the Sentencing Code
201Order without community requirements: provisions not applying
202Order with community requirements: disapplication of certain provisions
203Review of order with community requirements
204Transfer to Scotland or Northern Ireland of order with community requirements
205Amendment of order with community requirements
206Suspended sentence: further conviction or breach of community requirement
Supplementary
207Definitions for purposes of Chapter
Chapter 5Young Offenders: Custodial Sentences Available to Service Courts
Prohibition on imposing imprisonment on persons under 18
208Prohibition on imposing imprisonment on persons under 21
Detention for certain serious offences
209Offenders under 18 convicted of certain serious offences: detention for specified period
210Detention under section 209: place of detention etc
210AOffenders under 21: offences other than murder; discretionary custody for life
210BOffenders under 21: power to impose detention in a young offender institution
Detention and training orders
211Offenders under 18: detention and training orders
212Term of detention and training order: general
213Application of provisions relating to civilian detention and training orders
213APeriod in service custody: effect on term of detention and training order
213BPeriod of custody awaiting extradition: effect on term of detention and training order
214Offences during currency of detention and training order
215Section 214: definitions etc
216Appeals against orders under section 214
Chapter 6Mandatory etc Custodial Sentences for Certain Offences
Mandatory sentences
217Mandatory life imprisonment
218Offenders who commit murder etc when under 18: mandatory detention at Her Majesty's pleasure
Required or discretionary sentences for particular offences
218ALife sentence for second listed offence
219 Life sentence for certain dangerous offenders aged 18 or over
219AExtended sentence for certain violent , sexual or terrorism offenders aged 18 or over
220Certain violent or sexual offences: offenders aged 18 or over
221 Life sentence for certain dangerous offenders aged under 18
221AExtended sentence for certain violent , sexual or terrorism offenders aged under 18
222Offenders aged under 18: certain violent or sexual offences
223“The required opinion” for purposes of sections 219 to 221A
224Place of detention for extended sentences for offenders aged under 18
224ASpecial custodial sentence for certain offenders of particular concern
225Third drug trafficking offence
226Third domestic burglary
227Firearms offences
227AOffences of threatening with a weapon in public or on school premises
228Appeals where previous convictions set aside
Chapter 7Court Orders Other Than Sentences
Service restraining orders
229Service restraining orders
230Service restraining orders: supplementary
231Service restraining orders: appeals
232Service restraining orders: variation and revocation
Service sexual offences prevention orders etc
232AService sexual offences prevention orders
232BService SOPOs: appeals
232CService SOPOs etc: variation and revocation
232DVariation or revocation: appeals
232EExtended prohibitions orders
232FExtended prohibitions orders: appeals
232GOffence: breach of order under section 232A or 232E
Order for parent or guardian to enter into recognizance
233Order for service parent or service guardian to enter into recognizance
234Recognizances and fines under section 233: further provision
235Recognizances: appeals, variation and revocation
236Forfeiture of recognizance
Disqualification of offenders for holding elective office etc
236ADisqualification orders
236BEffect of disqualification order
Part 9Sentencing: Principles and Procedures
Chapter 1Principles and Procedures applying to Service Courts and Summary Hearings
General sentencing principles
237Duty to have regard to purposes of sentencing etc
238Deciding the seriousness of an offence
239Reduction in sentences for guilty pleas
240Increase in sentence for racial or religious aggravation
241Increase in sentence for aggravation related to disability , sexual orientation or transgender identity
Service detention and custodial sentences
242Service detention: general restriction
243Length of term of service detention: general provision
244Limit on combined term of sentences of service detention
245Section 244: supplementary
246Crediting of time in service custody: terms of imprisonment and detention
247Crediting of time in service custody: supplementary
Forfeiture of seniority and reduction in rank
248Forfeiture of seniority and reduction in rank or disrating: general restriction
Financial punishments
249Fixing of fines
250Determination of service compensation order
251Power to allow payment of fine or service compensation order by instalments
Reasons
252Duty to give reasons and explain sentence
253Duties in complying with section 252
Savings
254Savings for powers to mitigate sentence etc
Chapter 2Principles and Procedures applying to Service Courts Only
General
255Individual sentence for each offence
256Pre-sentence reports
257Pre-sentence reports: supplementary
258Mentally disordered offenders: requirement for medical report
259Sentencing guidelines
Custodial sentences and service detention
260Discretionary custodial sentences: general restrictions
261Length of discretionary custodial sentences: general provision
261ALife sentences: further provision
262Power to recommend licence conditions
262AConversion of sentence of detention to sentence of imprisonment
263Restriction on imposing custodial sentence or service detention on unrepresented offender
264Effect of duties to pass custodial sentences on other powers of punishment
Dismissal
265Dismissal: general restrictions
Financial punishments
266Financial statement orders
267Power of court to remit fine
268Order for service parent or service guardian to pay fine or compensation
269Fixing of fine or compensation to be paid by parent or guardian
269AFines: fixing of term of imprisonment for default
269BService compensation orders: power to set maximum term of imprisonment for default
269COrders under section 269A or 269B against service parents or service guardians: appeals
Community punishments
270Community punishments: general restrictions etc
270AException to restrictions on community punishments
Chapter 3Supplementary
271Civilian courts dealing with service offences
Part 10Court Martial Decisions: Appeals and Review
Chapter 1Appeals from Court Martial
272Appeals to the Court Martial Appeal Court
Chapter 2Review of Court Martial Sentence
273Review of unduly lenient sentence by Court Martial Appeal Court
274Reference of point of law to Supreme Court
275Power to make supplementary provision about review of sentence
Chapter 3Compensation for Miscarriages of Justice
276Compensation for miscarriages of justice
276AMiscarriages of justice: amount of compensation
276BCases where person has been detained for at least 10 years
Part 11The Service Civilian Court
The Service Civilian Court: court and proceedings
277The Service Civilian Court
278Constitution and proceedings of the Service Civilian Court
279Court must consider whether trial by Court Martial more appropriate
280Right to elect trial by Court Martial instead of by SCC
281Power of SCC to convict of offence other than that charged
Punishments available to Service Civilian Court
282Punishments available to Service Civilian Court
283Imprisonment: maximum term
284Fines and compensation orders: maximum amounts
Appeals from Service Civilian Court
285Right of appeal from SCC
286Hearing of appeals from SCC
287Findings made and sentences passed by Court Martial on appeal from SCC
SCC rules
288SCC rules
Part 12Service and Effect of Certain Sentences
Commencement of sentence
289Commencement of sentences of the Court Martial and Service Civilian Court
290Commencement of term of service detention awarded by CO
291Commencement of consecutive term of service detention awarded by CO
292Commencement of suspended sentence activated by CO
Effect of custodial sentence or detention on rank or rate
293Effect on rank or rate of WOs and NCOs of custodial sentence or sentence of service detention
294Rank or rate of WOs and NCOs while in custody pursuant to custodial sentence etc
Effect of dismissal
295Effect of sentence of dismissal
Service of sentence
296Service detention
297Detention in service custody following passing of custodial sentence etc
298Removal to England and Wales following passing of custodial sentence etc
299Duty to receive prisoners
300Service custody etc rules
301Duration of sentences: persons unlawfully at large or on temporary release
302Remission of certain sentences on passing of custodial sentence etc
303Power of service policeman to arrest person unlawfully at large
Supplementary
304Sentences passed by civilian courts
Part 13Discipline: Miscellaneous and Supplementary
Chapter 1Random Drug Testing
305Random drug testing
306Testing for alcohol and drugs after serious incident
307Definitions etc for purposes of section 306
308 Section 305: supplementary
Chapter 2Contempt of Court
309Offences of misbehaviour in court etc
310Power to detain before dealing with section 309 offence
311Certification to civil courts
312Decisions of court under section 309: making and effect
Chapter 3Arrest and Detention by Civil Authorities
Arrest for service offences
313Arrest by civilian police under warrant of judge advocate
Arrest etc for desertion or absence without leave
314Arrest by civilian police of deserters and absentees without leave
315Deserters and absentees without leave surrendering to civilian police
316Proceedings before civilian court where person suspected of illegal absence
317Warrant for the arrest of persons released under section 315(4)(c) or 316(3)(a)(ii)
Arrest of persons unlawfully at large
318Arrest by civilian police of persons unlawfully at large
Supplementary
319Certificates in connection with transfer to service custody etc
320Power to use reasonable force
Chapter 3AGuidance on Exercise of Criminal Jurisdiction
320AGuidance on exercise of criminal jurisdiction: England or Wales
320BGuidance on exercise of criminal jurisdiction: Scotland
320CGuidance on exercise of criminal jurisdiction: Northern Ireland
Chapter 4Powers of the Criminal Cases Review Commission
321Powers of the Criminal Cases Review Commission
Chapter 4AInspection of service police investigations
321AInspection of service police investigations
321BInspectors' reports to be laid before Parliament
Chapter 5Supplementary
Financial penalty enforcement orders
322Financial penalty enforcement orders
Power to make provision in consequence of criminal justice enactments
323Power to make provision in consequence of criminal justice enactments
324Section 323: definitions
Other supplementary provisions
325Evidential burden as respects excuses
326Exclusion of enactments requiring consent of Attorney General or DPP
327Local probation boards
Second Group of PartsMiscellaneous Matters
Part 14Enlistment, Terms of Service etc
Enlistment, terms of service etc
328Enlistment
329Terms and conditions of enlistment and service
330Desertion and absence without leave: forfeiture of service etc
331Discharge etc from the regular forces and transfer to the reserve forces
332Administrative reduction in rank or rate
333Pay, bounty and allowances
Redress of individual grievances
334Redress of individual grievances: service complaints
335Service complaints: role of Defence Council and service complaint panels
336Composition and procedure of service complaint panels
336ARequirement to delegate to service complaint panel
337Reference of individual grievance to Her Majesty
Role of Service Complaints Commissioner
338Referral by Service Complaints Commissioner of certain allegations
339Reports by Commissioner on system for dealing with service complaints etc
Restriction on aliens
340Restriction on aliens in regular forces etc
Part 14ARedress of service complaints
Service complaints
340AWho can make a service complaint?
340BProcedure for making a complaint and determining admissibility
Decisions and appeals
340CDecisions on service complaints
340DAppeals
340EFurther provision about persons and panels deciding service complaints etc
Investigation, delegation and time limits
340FInvestigation of complaints and delegation of Defence Council functions
340GService complaints: other time limits
Investigations by Service Complaints Ombudsman
340HOmbudsman investigations
340IProcedure on Ombudsman investigations
340JPower to require information, documents and evidence
340KObstruction and contempt
Reports of investigation
340LReport and recommendations
340MAction following receipt of report
Service Complaints Ombudsman's function of referring allegations
340NReferral of certain allegations
Annual report by Service Complaints Ombudsman
340OAnnual report on system for dealing with service complaints
Part 14BService police: complaints, misconduct etc
Functions of the Service Police Complaints Commissioner
340PComplaints, misconduct etc
340QInvestigation of concerns raised by whistle-blowers
Super-complaints
340RPower to make super-complaints
Part 15Forfeitures and Deductions
341Forfeitures and deductions: general provisions
342Permitted forfeitures and deductions
Part 16Inquiries
343Service inquiries
Part 16AArmed forces covenant report
343AArmed forces covenant report
343AADue regard to principles: England
343ABDue regard to principles: Wales
343ACDue regard to principles: Scotland
343ADDue regard to principles: Northern Ireland
343AESections 343AA to 343AD: guidance
343AFSections 343AA to 343AD: power to add bodies and functions
343BInterpretation of Part
Part 17Miscellaneous
Offences relating to service matters punishable by civilian courts
344Aiding or abetting etc desertion or absence without leave
345Aiding or abetting etc malingering
346Obstructing persons subject to service law in course of duty
347Sections 344 to 346: supplementary provisions
348British overseas territories: references to maximum penalties
Exemptions from certain civil matters
349Exemption from tolls and charges
350Exemption of property used for service purposes from execution
Powers of officers etc
351Detention etc of persons in overseas service hospitals
352Power to take affidavits and declarations
Protection of children of service families
353Protection of children of service families
Miscellaneous
354Extension of powers of command dependent on rank or rate
355Service of process
356Avoidance of assignment of or charge on pay and pensions etc
357Power of British overseas territory to apply Act, etc
358Amendments relating to reserve forces
359Pardons for servicemen executed for disciplinary offences: recognition as victims of First World War
Third Group of PartsGeneral
Part 18Commanding Officer and Other Persons with Functions under Act
Officers
360Meaning of “commanding officer”
361Meaning of “higher authority”
Court officials
362Judge advocates
363Court administration officer
Service Prosecuting Authority
364Director of Service Prosecutions
365Prosecuting officers
Provost Marshals
365AProvost Marshals: appointment
Service Complaints Ombudsman
365BService Complaints Ombudsman
Service Police Complaints Commissioner
365BAService Police Complaints Commissioner
365BBInvestigating officers
...
366Service Complaints Commissioner
Part 19Supplementary
Chapter 1Application of Act
Persons subject to service law
367Persons subject to service law: regular and reserve forces
368References to members of the regular forces
369Members of British overseas territories' forces serving with UK forces
Civilians subject to service discipline
370Civilians subject to service discipline
Naval chaplains
371Naval chaplains
Protected prisoners of war
371APower to make provision in relation to protected prisoners of war
Chapter 2Other Supplementary Provisions
372Evidence in proceedings before civilian courts
373Orders, regulations and rules
Chapter 3Interpretation
374Definitions applying for purposes of whole Act
375Definitions relating to the service police and other police forces
376“Conviction”, “sentence” etc in relation to summary hearings and the SAC
377Further interpretive provisions
Chapter 4Final Provisions
378Minor and consequential amendments and repeals
379Power to make further amendments and repeals
380Power to make transitional and transitory provision
381Alignment of SDAs etc with this Act
382Duration of this Act
383Commencement
384Extent to Channel Islands, Isle of Man and British overseas territories
385Extent of applied enactments
386Short title
SCHEDULES
SCHEDULE 1Criminal conduct offences that may be dealt with at a summary hearing
Part 1Offences that may be dealt with without permission
1An offence under section 1 of the Theft Act 1968...
2An offence under section 12 of that Act (taking vehicle...
3An offence under section 5(2) of the Misuse of Drugs...
4An offence under section 1(1) of the Criminal Damage Act...
5An offence under section 3 of the Theft Act 1978...
6An offence under section 9 of the Criminal Attempts Act...
7An offence under section 39 of the Criminal Justice Act...
8An offence under section 3 of the Road Traffic Act...
9An offence under section 5 of that Act (driving a...
9AAn offence under section 5A of that Act (driving a...
10An offence under section 25 of that Act (tampering with...
11An offence under section 28 of that Act (dangerous cycling)....
12An offence under section 29 of that Act (careless cycling...
Part 2Offences that may be dealt with only with permission
13An offence under section 47 of the Offences against the...
14An offence under section 1 of the Prevention of Crime...
14AAn offence under section 1(1A) of the Restriction of Offensive...
15An offence under section 13 of the Theft Act 1968...
16An offence under section 139 of the Criminal Justice Act...
16AAn offence under section 141(1A) of the Criminal Justice Act...
17An offence under section 125 of the Communications Act 2003...
18An offence under section 126 of that Act (possession or...
19An offence under section 1 of the Fraud Act 2006...
20An offence under section 11 of that Act (dishonestly obtaining...
21An offence under section 1(1) of the Offensive Weapons Act...
22An offence under section 3(2) or (3) of the Offensive...
23An offence under section 6(1) of the Offensive Weapons Act...
24An offence under section 38(2) or (3) of the Offensive...
SCHEDULE 2“Schedule 2 offences”
1An offence under section 1 (assisting an enemy).
2An offence under section 2(1) (misconduct on operations).
3An offence under section 3 (obstructing operations) which relates to...
4An offence under section 4(1) or (2) (looting).
5An offence under section 6 (mutiny).
6An offence under section 7 (failure to suppress mutiny).
7An offence under section 8 (desertion) where the accused intended...
8An offence under section 31(1) (hazarding of ship).
9An offence under section 33(1) (dangerous flying etc).
10An offence under section 39 of attempting to commit an...
11An offence under section 40 of encouraging or assisting the...
12An offence under section 42 (criminal conduct) as respects which...
13An offence under section 42 as respects which the corresponding...
14An offence under paragraph 4 of Schedule 2A (lay member...
15An offence under paragraph 5 of Schedule 2A (disclosing information...
SCHEDULE 2AOffences relating to members of the Court Martial
Interpretation
1(1) In this Schedule, “ lay member ” means a...
Research by lay members
2(1) It is an offence for a lay member of...
Sharing research with other lay members
3(1) It is an offence for a lay member of...
Engaging in other prohibited conduct
4(1) It is an offence for a lay member of...
Disclosing information about members' deliberations etc
5(1) It is an offence for a person intentionally—
Disclosing information about members' deliberations etc: initial exceptions
6(1) It is not an offence under paragraph 5 for...
Disclosing information about members' deliberations etc: further exceptions
7(1) It is not an offence under paragraph 5 for...
Disclosing information about members' deliberations: exceptions for soliciting disclosures or obtaining information
8(1) It is not an offence under paragraph 5 to...
Saving for contempt of court
9Nothing in paragraph 2, 3 or 4 affects what constitutes...
SCHEDULE 3Civilians etc: modifications of Court Martial sentencing powers
Part 1Civilian offenders
1(1) In relation to a civilian offender, section 164 (punishments...
2For the purposes of determining the Court Martial's powers when...
Part 2Ex-servicemen etc
3(1) In relation to an offender to whom this Part...
4For the purposes of determining the Court Martial's powers when...
SCHEDULE 3ACourt Martial sentencing powers where election for trial by that court instead of CO
Part 1Relevant offences
1For the purposes of this Schedule an offence is “relevant”...
2An offence of which a person is convicted falls within...
3An offence of which a person (“the accused”) is convicted...
4Where— (a) a person (“the accused”) elects Court Martial trial...
5Where— (a) a person (“the accused”) is charged with an...
Part 2Sentencing powers etc
6Sentencing powers: single relevant offence
7(1) This paragraph applies where— (a) the Court Martial convicts...
8Multiple relevant offences
9Sentencing powers: multiple relevant offences
10Further provision about sentencing
11Where the Court Martial is dealing with an offender for...
12Activation of suspended sentence of detention
13Court orders other than sentences
14Review of unduly lenient sentences
15Appeals: application of Court Martial Appeals Act 1968 to multiple relevant offences
Part 3Interpretation
16“Commanding officer”
17Substituted charges
SCHEDULE 4Unfitness and insanity: modifications of Mental Health Act 1983
Hospital orders
1For the purposes of section 169(2)(a) of this Act, section...
Restriction orders
2For the purposes of section 169(2)(a) of this Act, section...
Remand orders
3In relation to a case where section 169 applies but...
4In relation to a case where section 169 applies but...
Interim hospital orders
5(1) In relation to a case where section 169 applies...
SCHEDULE 5Breach, revocation and amendment of community punishments
Part 1Service community orders
General
1(1) In Schedule 8 to the 2003 Act (breach, revocation...
Breach of requirement of order
2Paragraphs 5(1)(b) and 6(1) of that Schedule (warning and laying...
2AParagraph 6A(1) of that Schedule (role of enforcement officer) has...
3Paragraph 8 of that Schedule (issue of summons or warrant...
Revocation of order
4Paragraph 14 of that Schedule (Crown Court's powers of revocation)...
Amendment of order
5In Part 4 of that Schedule (amendment of order) as...
6In paragraph 19 of that Schedule (amendment in relation to...
Powers of civilian courts in relation to order following subsequent conviction
7Paragraph 22 of that Schedule (committal to Crown Court on...
Re-sentencing powers
8(1) This paragraph applies for the purposes of construing the...
9Where a sentence is passed by virtue of paragraph 8...
Part 2Overseas community orders
General
10(1) In Schedule 8 to the 2003 Act (breach, revocation...
11(1) For the purposes of that Schedule as it applies...
Breach of requirement of order
12Paragraphs 5(1)(b) and 6(1) of that Schedule (warning and laying...
12AParagraph 5(1) of that Schedule (duty to give warning) has...
12BParagraph 6(1) of that Schedule (breach of order after warning)...
13Paragraph 8 of that Schedule (issue of summons or warrant...
14Paragraph 10 of that Schedule (powers of Crown Court on...
14A(1) The following provisions apply where the Court Martial or...
Revocation of order
15Paragraph 14 of that Schedule (Crown Court's powers of revocation)...
Amendment of order
16In Part 4 of that Schedule (amendment of order) as...
17Paragraph 17 of that Schedule has effect in relation to...
Powers in relation to order following subsequent conviction
18Paragraph 21 of that Schedule (powers of magistrates' court on...
19Paragraph 23 of that Schedule (powers of Crown Court on...
Supplementary provisions relating to orders
20In paragraph 26 of that Schedule as it applies to...
21Paragraph 27 of that Schedule has effect in relation to...
Court Martial rules
22If Court Martial rules provide that powers of the Court...
Appeals
23A person who— (a) is sentenced by the Court Martial...
SCHEDULE 6Overseas community orders: young offenders
Unpaid work requirement
1An unpaid work requirement, as defined by paragraph 1(1) of...
Exclusion requirement
2Where an exclusion requirement, as defined by paragraph 11(1) of...
Residence requirement
3(1) In relation to an overseas community order made in...
Mental health requirement
4(1) In paragraph 17(1) of Schedule 9 to the Sentencing...
Drug rehabilitation requirement
5(1) In relation to an overseas community order made in...
Alcohol treatment requirement
6An alcohol treatment requirement, as defined by paragraph 23(1) of...
Education requirement
7(1) An overseas community order made in respect of an...
Power to amend
8The powers of the Secretary of State under paragraph 13...
SCHEDULE 6ABreach, revocation and amendment of overseas community orders
1Schedule 10 to the Sentencing Code (breach, revocation or amendment...
Preliminary
2Part 1 (preliminary) has effect as if—
Breach of requirement of order
3Part 2 (breach of requirement of order) has effect as...
4Paragraph 6 (duty to give warning or refer matter to...
5The paragraph 8A (substituted for paragraphs 8 and 9) is...
6Paragraph 11 (powers of Crown Court) has effect as if—...
7The paragraph 11A to be inserted after paragraph 11 is...
Revocation of order
8Part 3 (revocation of order with or without re-sentencing) has...
Amendment of order
9Part 4 (amendment of order) has effect as if—
Conviction of further offence
10Part 5 (conviction of further offence) has effect as if—...
Supplementary
11Part 6 (supplementary) has effect as if—
12Paragraph 27 (provision of copies of orders etc) has effect...
Court Martial Rules
13If Court Martial Rules provide that powers of the Court...
Appeals
14A person who— (a) is sentenced by the Court Martial...
SCHEDULE 7Suspended sentence orders: breach or amendment; effect of further conviction
1Schedule 16 to the Sentencing Code (breach or amendment of...
Preliminary
2Part 1 (preliminary) has effect as if—
Breach of community requirement or conviction of further offence
3Part 2 (breach of community requirement or conviction of further...
4Paragraph 11 (offender before magistrates' court: further conviction) has effect...
5Paragraph 12 (offender before Crown Court: breach of community requirement...
6Paragraph 13 (powers of court to deal with offender on...
7Paragraph 14 (exercise of power in paragraph 13: duty to...
8Paragraph 15 (activation orders: further provision) has effect as if—...
10Paragraph 17 (treatment requirement: reasonable refusal to undergo certain treatment)...
11Paragraph 18 (duty of court in Scotland or Northern Ireland...
12Paragraph 19 (issue of summons or warrant where court convicting...
Amendment of order
13Part 3 (amendment of order) has effect as if in...
Supplementary
14Part 4 (supplementary) has effect as if in paragraph 28...
SCHEDULE 8Amendment of the Courts-Martial (Appeals) Act 1968
1The Courts-Martial (Appeals) Act 1968 (c. 20) is amended as...
2For the heading to Part 1 substitute “ THE COURT...
3In section 1(1) (the court) for the words from the...
4In section 4 (sittings) omit subsection (2).
5In section 5 (constitution of court for particular sittings), in...
6For the heading to Part 2 substitute “ APPEALS FROM...
7In section 8 (right of appeal against conviction or sentence)—...
8Omit section 10 (alternative procedure for appeal from court-martial abroad)....
9In section 11(1) (consideration of application by Appeal Court) omit...
10In section 12 (power to quash conviction as unsafe)—
11For section 13 (adjustment of sentence in case of conviction...
12(1) Section 14 (substitution of conviction on different charge) is...
13In section 14A (substitution of conviction on different charge after...
14Omit section 15 (variation of conviction so as to attract...
15In section 16 (substitution of finding of insanity etc)—
16For section 16A (powers on appeals against sentence) substitute— Appeals...
17In section 17 (sentences passed by the Appeal Court)—
18Omit section 17A (application of certain provisions of SDAs in...
19Omit section 18 (retrial generally excluded).
20In section 19 (power to authorise retrial in certain cases)—...
21In section 20 (implementation of authority for retrial etc)—
22In section 21 (appeal against finding of not guilty by...
23In section 22 (consequences where appeal under section 21 allowed)—...
24Omit section 23 (substitution of finding of unfitness to stand...
25In section 24 (appeal against finding of unfitness)—
26(1) Section 25 (disposal of appeals under section 24) is...
27For section 25A (right of appeal against hospital order etc)...
28In section 25B (disposal of appeals under section 25A)—
29Omit section 26 (presentation of appellant's case).
30For section 27 (presence of appellant at hearing) substitute— Right...
31In section 28 (evidence)— (a) in subsection (1)—
32In section 29 (power to call for report by member...
33In section 31 (costs of successful appeal) in subsection (2),...
34In section 32 (costs against appellant) in subsection (2) for...
35In section 33 (witnesses' expenses) after subsection (1) insert—
36In section 34 (reference of cases by service authorities)—
37In section 36 (powers exercisable by single judge) in subsection...
38In section 36C (appeals against procedural directions) in subsection (5)(b)—...
39For section 37 (provision of documents relating to trial) substitute—...
40In section 38 (defence of appeals) for “Defence Council” substitute...
41For the heading to Part 3 substitute “ APPEAL FROM...
42In section 39 (right of appeal to Supreme Court) in...
43In section 43 (detention of accused)— (a) for subsection (1)...
44Omit section 46 (restitution of property).
45In section 47 (costs)— (a) in subsection (1) for “Secretary...
46(1) Section 48A (appeals on behalf of deceased persons) is...
47In section 50 (duties of registrar with respect to appeals...
48In section 52 (removal of prisoners) for paragraphs (a) to...
49In section 54 (saving for prerogative) in subsection (1) for...
50For section 56 substitute— Modifications for protected prisoners of war...
51(1) Section 57 (interpretation) is amended as follows.
52Omit section 58 (consequential amendments).
53In section 61 (short title and commencement), in subsection (1)...
54For Schedule 1 (provisions as to retrial) substitute— SCHEDULE 1...
55Omit Schedule 3 (modifications in relation to prisoners of war)....
56Omit Schedule 4 (consequential amendments).
SCHEDULE 9Assessors of compensation for miscarriages of justice
1(1) A person is qualified for appointment as an assessor...
2A person shall hold and vacate office as an assessor...
3A person shall vacate office as an assessor—
4A person may at any time resign his office as...
5Subject to paragraph 6, the Secretary of State may at...
6(1) The exercise of the power conferred by paragraph 5...
7An assessor shall be paid such remuneration and allowances as...
SCHEDULE 10Proceedings of the Service Civilian Court
Court to sit in public
1Subject to any provision made by SCC rules, the Service...
Unfitness to stand trial and insanity
2Where on a trial of a charge by the Service...
Privilege of witnesses and others
3A witness before the Service Civilian Court or any other...
SCHEDULE 11Powers of the Criminal Cases Review Commission
Amendment of the Court Martial Appeals Act 1968
1After section 29 of the Court Martial Appeals Act 1968...
Amendments of the Criminal Appeal Act 1995
2After section 12 of the Criminal Appeal Act 1995 (c....
3In section 13(1) of that Act (conditions for making of...
4(1) Section 14 of that Act (further provisions about references)...
5(1) Section 15 of that Act (investigations for Court of...
6In section 16 of that Act (assistance in connection with...
7(1) Section 18 of that Act (Government documents etc relating...
8(1) Section 19 of that Act (power to require appointment...
9(1) Section 22 of that Act (meaning of “public body”...
10(1) Section 30 of that Act is amended as follows....
11(1) In section 33 of that Act (extent), after subsection...
SCHEDULE 12Detention etc of persons in overseas service hospitals
The relevant conditions
1(1) In this Schedule references to the relevant conditions, in...
Order for person's detention in overseas service hospital
2(1) This paragraph has effect in relation to—
Effect of order under paragraph 2
3(1) This paragraph makes provision as to the effect of...
Requirements as to recommendations under paragraph 2
4(1) A recommendation under paragraph 2 must include a statement...
Exercise of powers under paragraph 2 where person's commanding officer is absent etc
5(1) This paragraph has effect in relation to a person...
Power to review order under paragraph 2
6(1) The Secretary of State may make regulations for enabling...
Detention of resident patients in overseas service hospitals pending order under paragraph 2(3)
7(1) This paragraph applies if— (a) a registered medical practitioner...
Urgent removal from service living accommodation to overseas service hospital
8(1) This paragraph applies if a service policeman has reasonable...
Urgent removal from other places to overseas service hospital
9(1) This paragraph applies if a service policeman finds a...
Use of force
10Where a power is conferred on any person by virtue...
Service custody
11While a person is being conveyed, removed or detained by...
Definitions
12(1) In this Schedule “overseas service hospital” means a service...
SCHEDULE 13Protection of children of service families
1(1) Section 17 of the Armed Forces Act 1991 (power...
2(1) Section 18 of that Act (content, effect, variation and...
3(1) Section 19 of that Act (power to make orders...
4(1) Section 20 of that Act (content and effect of...
5After that section insert— Power to include exclusion requirement in...
6(1) Section 21 of that Act (duration of protection orders)...
7(1) Section 22 of that Act (review and discharge of...
8After that section insert— Removal and accommodation of children by...
9(1) Section 23 of that Act (interpretation) is amended as...
SCHEDULE 14Amendments relating to reserve forces
Reserve Forces Act 1980 (c. 9)
1In section 10 of the Reserve Forces Act 1980 (call...
2In section 11(2)(a) of that Act (call out for warlike...
3In section 18(2) of that Act (permanent service call out...
4In section 19 of that Act (duration of Army Reserve...
5In section 19A of that Act (postponement of discharge of...
6In section 21 of that Act (duration of Air Force...
7In section 21A of that Act (postponement of discharge of...
8Omit section 24 of that Act (permanent service call out...
9Omit section 25 of that Act (emergency service call out...
10In section 26(2) of that Act (call out notices), omit...
11In section 30(2) of that Act (liability of naval and...
12(1) Section 31 of that Act (liability of army and...
13(1) Section 32 of that Act (occasion for and period...
14In section 34(3) of that Act (liability of certain former...
15In section 39(1)(a) of that Act (application of section 38)...
16Omit section 44 of that Act (requirement as to training...
17In section 48 of that Act (void enlistment in the...
18Omit section 139 of that Act (enrolment etc of members...
19In section 140 of that Act (orders and regulations as...
20Omit sections 141 to 144 of that Act (provisions relating...
21In section 145 of that Act (reinstatement in civil employment)...
22In section 146 of that Act (protection of other civil...
23(1) Section 156 (interpretation) is amended as follows.
24(1) Schedule 8 to that Act (saving and transitional provisions)...
Reserve Forces Act 1996 (c. 14)
25In section 2(2)(a) of the Reserve Forces Act 1996 (membership...
26In section 4(1)(b) of that Act (orders and regulations concerning...
27Omit section 7 of that Act (provision with respect to...
28In section 13(7) of that Act (transfer of non-officers between...
29In section 15(1) of that Act (discharge by commanding officer)...
30In section 24(2) of that Act (commitment to a period...
31In section 25(2) of that Act (additional duties commitments)—
32In section 27 of that Act (voluntary training and other...
33In each of sections 53, 55 and 57 of that...
34After section 53 of that Act insert— Agreement to alter...
35After section 55 of that Act insert— Agreement to alter...
36After section 57 of that Act insert— Agreement to alter...
37In section 66(2)(b) of that Act (persons who may be...
38In section 72 of that Act (release and discharge from...
39(1) Section 95 of that Act (offences against orders and...
40(1) Section 96 of that Act (failure to attend for...
41(1) Section 97 of that Act (failure to attend for...
42(1) Section 98 of that Act (trial and punishment of...
43Omit section 99 of that Act (false pretence of illegal...
44For section 100 of that Act (arrest of deserters etc)...
45Omit section 102 of that Act (record of illegal absence)....
46In section 104 of that Act, omit subsection (3).
47(1) Section 105 of that Act (trial of offences by...
48Omit section 106 of that Act.
49In section 107 of that Act (time for institution of...
50In section 108 of that Act (evidence) for subsections (1)...
51Omit section 124 of that Act (exemption from tolls etc)....
52Omit section 126 of that Act (amendments relating to transfers...
53(1) Section 127 of that Act (interpretation) is amended as...
54(1) Schedule 1 to that Act (enlistment) is amended as...
55Omit Schedule 2 to that Act (deserters and absentees without...
56Omit Schedule 3 to that Act (evidence).
57Omit Schedule 7 to that Act (postponement of transfer to...
58In Part 2 of Schedule 9 to that Act (transitional...
59In Schedule 10 to that Act (minor and consequential amendments)...
Schedule 14AThe Service Police Complaints Commissioner
1Status
2The Commissioner is not to be regarded—
3Appointment
4Disqualification
5Vacancy or incapacity
6Term of office
7Delegation of functions
8Liability
SCHEDULE 15Civilians subject to service discipline
Part 1Civilians subject to service discipline
Persons in one of Her Majesty's aircraft in flight
1(1) A person is within this paragraph if he is...
Persons in one of Her Majesty's ships afloat
2(1) A person is within this paragraph if he is...
Persons in service custody etc
3(1) A person is within this paragraph if—
Crown servants in designated area working in support of Her Majesty's forces
4(1) A person is within this paragraph (subject to paragraph...
Persons working for specified military organisations
5(1) A person is within this paragraph (subject to paragraph...
Persons in designated area who are members or employees of other specified organisations
6(1) A person is within this paragraph (subject to paragraph...
Persons designated by or on behalf of Defence Council
7(1) A person is within this paragraph (subject to paragraph...
Persons residing or staying with person subject to service law in designated area
8A person is within this paragraph (subject to paragraph 11)...
Persons residing or staying with person falling within paragraph 4 or 6 in designated area
9(1) A person is within this paragraph (subject to paragraph...
Persons residing or staying with person falling within paragraph 5
10(1) A person is within this paragraph (subject to paragraph...
Part 2Exclusion and definitions
Exclusion
11(1) A person who is not a United Kingdom national...
Definitions
12(1) In this Schedule “designated area” means an area which—...
13In this Schedule references to a person residing or staying...
14For the purposes of paragraphs 5(1)(c), 10 and 11, a...
SCHEDULE 16Minor and consequential amendments
Metropolitan Police Act 1860 (c. 135)
1In section 2 of the Metropolitan Police Act 1860 (swearing...
Naval and Marine Pay and Pensions Act 1865 (c. 73)
2In section 3 of the Naval and Marine Pay and...
3In section 9 of that Act (Order in Council not...
Naval Pensions Act 1884 (c. 44)
4In section 2 of the Naval Pensions Act 1884 (application...
Foreign Marriage Act 1892 (c. 23)
5In section 22 of the Foreign Marriage Act 1892 (marriages...
Regimental Debts Act 1893 (c. 5)
6In the Regimental Debts Act 1893, for the words “military...
7In section 23 of that Act (application of Act to...
8In section 29 of that Act (definitions)—
9After that section insert— Application of Act to members of...
10In section 33 of that Act (short title) for “Regimental...
Uniforms Act 1894 (c. 45)
11In section 4 of the Uniforms Act 1894 (interpretation)—
Criminal Evidence Act 1898 (c. 36)
12(1) Section 6 of the Criminal Evidence Act 1898 (application...
Air Force (Constitution) Act 1917 (c. 51)
13In section 2(1) of the Air Force (Constitution) Act 1917...
Visiting Forces (British Commonwealth) Act 1933 (c. 6)
14(1) Section 4 of the Visiting Forces (British Commonwealth) Act...
Defence (Armed Forces) Regulations 1939 (S.I. 1939/1304)
15In Regulation 6 of the Defence (Armed Forces) Regulations 1939—...
Courts-Martial (Appeals) Act 1951 (c. 46)
16In section 29 of the Courts-Martial (Appeal) Act 1951 (appointment...
Prison Act 1952 (c. 52)
17In section 43 of the Prison Act 1952 (young offender...
Visiting Forces Act 1952 (c. 67)
18(1) Section 13 of the Visiting Forces Act 1952 (apprehension...
19In section 14 of that Act (evidence for purposes of...
Army Act 1955 (3 & 4 Eliz. 2 c. 18)
20After section 91 of the Army Act 1955 insert— Preliminary...
21(1) Section 103 of that Act (rules) is amended as...
22In section 120 of that Act (suspension of sentences), after...
Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)
23After section 91 of the Air Force Act 1955 insert—...
24(1) Section 103 of that Act (rules) is amended as...
25In section 120 of that Act (suspension of sentences), after...
Naval Discipline Act 1957 (c. 53)
26In section 47M of the Naval Discipline Act 1957 (judicial...
27In section 52C(4) of that Act (powers of higher authority),...
28(1) Section 52D of that Act (summary trial) is amended...
29In section 52FG(1) of that Act (judge advocates of the...
30In section 52FJ(3) of that Act (constitution of summary appeal...
31In section 53B(1) of that Act (judge advocate of a...
32In section 53C(2) of that Act (ordering of courts martial),...
33(1) Section 58 of that Act (rules) is amended as...
34After section 58 of that Act insert— Preliminary hearings as...
35In section 59(4A) of that Act (challenge by accused), for...
36In section 63A(5)(b) of that Act (powers to deal with...
37In section 64 of that Act (summoning of witnesses)—
38In section 73 of that Act (saving for functions of...
Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58)
39(1) Section 1 of the Registration of Births, Deaths and...
40In section 2(1) of that Act (records of births and...
41In section 4 of that Act (validation of certain entries)—...
42In section 5(1)(b) of that Act (registration of births of...
Public Records Act 1958 (c. 51)
43In Schedule 1 to the Public Records Act 1958 (definition...
Coroners Act (Northern Ireland) 1959 (c. 15)
44In section 18 of the Coroners Act (Northern Ireland) 1959...
Administration of Justice Act 1960 (c. 65)
45(1) Section 13 of the Administration of Justice Act 1960...
Criminal Justice Act 1961 (c. 39)
46In section 22 of the Criminal Justice Act 1961 (assisting...
47In section 39 of that Act (interpretation) for subsection (2)...
Parliamentary Commissioner Act 1967 (c. 13)
48In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters...
Criminal Justice Act 1967 (c. 80)
49In section 72 of the Criminal Justice Act 1967 (power...
50In section 104(1) of that Act (interpretation), in the definition...
Civil Evidence Act 1968 (c. 64)
51(1) Section 11 of the Civil Evidence Act 1968 (convictions...
52In section 13 of that Act (conclusiveness of convictions for...
53In section 18 of that Act (general interpretation etc)—
Equal Pay Act 1970 (c. 41)
54(1) Section 7A of the Equal Pay Act 1970 (service...
55In section 7AB of that Act (“arrears date” for purposes...
56In section 7AC of that Act (determination of “period” for...
Equal Pay Act (Northern Ireland) 1970 (c. 32)
57(1) Section 6A of the Equal Pay Act (Northern Ireland)...
58In section 6AB of that Act (“arrears date” in proceedings...
Civil Evidence Act (Northern Ireland) 1971 (c. 36)
59(1) Section 7 of the Civil Evidence Act (Northern Ireland)...
60In section 9 of that Act (conclusiveness of convictions for...
61In section 14 of that Act (general interpretation etc)—
Juries Act 1974 (c. 23)
62In Schedule 1 to the Juries Act 1974 (persons disqualified...
Rehabilitation of Offenders Act 1974 (c. 53)
63In section 1 of the Rehabilitation of Offenders Act 1974...
64In section 2 of that Act (rehabilitation of persons dealt...
65(1) Section 5 of that Act (rehabilitation periods for particular...
66In the Schedule to that Act (service disciplinary convictions referred...
House of Commons Disqualification Act 1975 (c. 24)
67In section 1 of the House of Commons Disqualification Act...
68In Part 1 of Schedule 1 to that Act (judicial...
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
69In section 1 of the Northern Ireland Assembly Disqualification Act...
70In Part 1 of Schedule 1 to that Act (judicial...
Sex Discrimination Act 1975 (c. 65)
71(1) Section 85 of the Sex Discrimination Act 1975 (application...
Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c. 14)
72. . . . . . . . . ....
Bail Act 1976 (c. 63)
73In section 2(2) of the Bail Act 1976 (definitions), for...
74In section 5(10) of that Act (meaning of “prescribed” for...
75In section 6(9)(c)(v) of that Act (meaning of the “appropriate...
76In section 8(4) of that Act (persons before whom recognizance...
77In section 13(3) of that Act (application of Act), for...
78In Schedule 1 to that Act (persons entitled to bail:...
Race Relations Act 1976 (c. 74)
79In section 57(4B) of the Race Relations Act 1976 (claims...
80(1) Section 75 of that Act (application to Crown etc)...
81In section 78(1) of that Act (general interpretation provisions), for...
Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))
82(1) Article 82 of the Sex Discrimination (Northern Ireland) Order...
Judicature (Northern Ireland) Act 1978 (c. 23)
83In section 44 of the Judicature (Northern Ireland) Act 1978...
Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))
84In Article 2 of the Rehabilitation of Offenders (Northern Ireland)...
85In Article 4 of that Order (rehabilitation of persons dealt...
86(1) Article 6 of that Order (rehabilitation periods for particular...
87In the Schedule to that Order (service disciplinary convictions referred...
Magistrates' Courts Act 1980 (c. 43)
88In section 19(5) of the Magistrates' Courts Act 1980 (decision...
89In section 125D(3) of that Act (execution by person not...
Public Passenger Vehicles Act 1981 (c. 14)
90In Schedule 3 to the Public Passenger Vehicles Act 1981...
Contempt of Court Act 1981 (c. 49)
91In section 19 of the Contempt of Court Act 1981...
92In Schedule 1 to that Act (times when proceedings are...
Senior Courts Act 1981 (c. 54)
93In section 29 of the Senior Courts Act 1981 (mandatory,...
Criminal Justice Act 1982 (c. 48)
94(1) Section 32 of the Criminal Justice Act 1982 (early...
Representation of the People Act 1983 (c. 2)
95In section 3(2)(a) of the Representation of the People Act...
96In section 3A of that Act (disenfranchisement of offenders detained...
Mental Health Act 1983 (c. 20)
97(1) Section 47 of the Mental Health Act 1983 (removal...
Repatriation of Prisoners Act 1984 (c. 47)
98In section 1 of the Repatriation of Prisoners Act 1984...
Inheritance Tax Act 1984 (c. 51)
99In section 154(2) of the Inheritance Tax Act 1984 (death...
Police and Criminal Evidence Act 1984 (c. 60)
100In section 63A(1B) of the Police and Criminal Evidence Act...
101In section 67 of that Act (codes of practice: supplementary),...
102(1) Section 72 of that Act (provision supplementary to Part...
103In section 75(3) of that Act (supplementary provision about conviction...
104(1) Section 82 of that Act (interpretation of Part 8...
105(1) Section 113 of that Act (application of Act to...
106(1) Section 120 of that Act (extent) is amended as...
Prosecution of Offences Act 1985 (c. 23)
107In section 19 of the Prosecution of Offences Act 1985...
Housing Act 1985 (c. 68)
108In section 622(1) of the Housing Act 1985 (minor definitions),...
Debtors (Scotland) Act 1987 (c. 18)
109In section 73(3)(b) of the Debtors (Scotland) Act 1987, for...
Coroners Act 1988 (c. 13)
110In section 8 of the Coroners Act 1988 (duty to...
111In section 19 of that Act (post-mortem examination without inquest)...
Criminal Justice Act 1988 (c. 33)
112In the Criminal Justice Act 1988, omit section 50 (suspended...
113In section 146 of that Act (evidence before service courts)—...
114In section 172 of that Act (extent), for subsections (7)...
115(1) Schedule 13 to that Act (evidence before service courts)...
Road Traffic Act 1988 (c. 52)
116In section 183 of the Road Traffic Act 1988 (application...
117(1) Section 184 of that Act (application of sections 5...
Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
118In Article 66 of the Police and Criminal Evidence (Northern...
119In Article 70 of that Order (interpretation of Part IX...
120In Article 73(3) of that Order (supplementary provision about conviction...
Courts and Legal Services Act 1990 (c. 41)
121In section 119(1) of the Courts and Legal Services Act...
Armed Forces Act 1991 (c. 62)
122In section 24 of the Armed Forces Act 1991 (extent...
Local Government Finance Act 1992 (c. 14)
123(1) Schedule 1 to the Local Government Finance Act 1992...
Sexual Offences (Amendment) Act 1992 (c. 34)
124In section 2 of the Sexual Offences (Amendment) Act 1992...
125In section 3 of that Act (power to displace restrictions...
126In section 4 of that Act (special rules for cases...
127(1) Section 6 of that Act (interpretation etc) is amended...
128Omit section 7 of that Act (courts-martial).
129In section 8 of that Act (short title, commencement and...
Criminal Justice and Public Order Act 1994 (c. 33)
130In section 39 of the Criminal Justice and Public Order...
Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)
131In Schedule 3 to the Goods Vehicles (Licensing of Operators)...
Pensions Act 1995 (c. 26)
132In section 166(5)(a) of the Pensions Act 1995 (pensions on...
Criminal Procedure (Scotland) Act 1995 (c. 46)
133In section 307 of the Criminal Procedure (Scotland) Act 1995...
Disability Discrimination Act 1995 (c. 50)
134In section 68 of the Disability Discrimination Act 1995 (interpretation)—...
Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))
135In Article 162(5)(a) of the Pensions (Northern Ireland) Order 1995...
Employment Rights Act 1996 (c. 18)
136In section 192 of the Employment Rights Act 1996 (armed...
Criminal Procedure and Investigations Act 1996 (c. 25)
137For section 78 of the Criminal Procedure and Investigations Act...
Armed Forces Act 1996 (c. 46)
138In section 6 of the Armed Forces Act 1996 (abrogation...
...
139In section 199(4) of the Housing Act 1996 (local connection),...
Social Security (Recovery of Benefits) Act 1997 (c. 27)
140In Part 1 of Schedule 1 to the Social Security...
Crime (Sentences) Act 1997 (c. 43)
141In section 31A(5) of the Crime (Sentences) Act 1997 (termination...
142(1) Section 34 of that Act (meaning of “life sentence”...
143In section 47(4) of that Act (application of section 47),...
144In section 57 of that Act (extent etc), for subsection...
145In Schedule 1 to that Act (transfer of prisoners within...
Police Act 1997 (c. 50)
146(1) Section 93 of the Police Act 1997 (authorisations to...
147In section 94(2)(db) of that Act (authorisations given in absence...
148In section 108(1) of that Act (interpretation of Part 3),...
149In section 113B(10) of that Act (enhanced criminal record certificates:...
Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6))
150(1) Article 71 of the Race Relations (Northern Ireland) Order...
Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (S.I. 1997/1183 (N.I. 12))
151In Part 1 of Schedule 1 to the Social Security...
Landmines Act 1998 (c. 33)
152In section 5(7) of the Landmines Act 1998 (international military...
Crime and Disorder Act 1998 (c. 37)
153In section 38(4)(h) of the Crime and Disorder Act 1998...
154In section 41(5) of that Act (functions of Youth Justice...
155In Schedule 3 to that Act (procedure where persons sent...
Human Rights Act 1998 (c. 42)
156In section 4(5)(c) of the Human Rights Act 1998 (declaration...
157In section 5(5) of that Act (right of Crown to...
Youth Justice and Criminal Evidence Act 1999 (c. 23)
158In section 44(13)(c) of the Youth Justice and Criminal Evidence...
159In section 63(1) of that Act (interpretation of Part 2),...
160In section 68 of that Act (extent etc), omit subsection...
161In Schedule 7 to that Act (transitional provision), in paragraph...
Welfare Reform and Pensions Act 1999 (c. 30)
162In section 44(1)(a) of the Welfare Reform and Pensions Act...
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
163(1) Section 82A of the Powers of Criminal Courts (Sentencing)...
164In section 99 of that Act (conversion of sentence of...
165(1) Section 106A of that Act (which relates to the...
166For section 114 of that Act substitute— Offences under service...
167(1) Section 134 of that Act (effect of compensation order...
168In section 163 of that Act (general definitions), in the...
Regulation of Investigatory Powers Act 2000 (c. 23)
169In section 18(11) of the Regulation of Investigatory Powers Act...
170In section 32(6)(g) of that Act (senior authorising officers for...
171(1) Section 33 of that Act (rules for grant of...
172In section 34(4)(g) of that Act (persons entitled to grant...
173In section 41(7) of that Act (Secretary of State authorisations),...
174In section 56(1) of that Act (interpretation of Part 3...
175(1) Section 81 of that Act (general interpretation) is amended...
Freedom of Information Act 2000 (c. 36)
176In section 30 of the Freedom of Information Act 2000...
Criminal Justice and Court Services Act 2000 (c. 43)
177In section 1 of the Criminal Justice and Court Services...
178After section 5 of that Act insert— Local probation boards...
179(1) Section 27 of that Act (armed forces offences equivalent...
180(1) Section 30 of that Act (disqualification from working with...
181In section 31(2) of that Act (appeals) for “a court-martial”,...
182In section 33 of that Act (provisions relating to application...
183In section 42 of that Act (interpretation of Part 2...
184In section 62(5) of that Act (meaning of “sentence of...
185In section 64(5) of that Act (meaning of “sentence of...
186In section 81(2) of that Act (extent)—
Criminal Justice and Police Act 2001 (c. 16)
187In section 88(8) of the Criminal Justice and Police Act...
International Criminal Court Act 2001 (c. 17)
188In section 32(6) of the International Criminal Court Act 2001...
189In section 67(3) of that Act (definition of person subject...
190In section 75 of that Act (meaning of “national court”...
191In Part 1 of Schedule 2 to that Act (delivery...
Armed Forces Act 2001 (c. 19)
192(1) Section 26 of the Armed Forces Act 2001 (power...
193(1) Section 27 of that Act (costs against legal representatives)...
194(1) Section 28 of that Act (provisions supplementary to sections...
195(1) Section 30 of that Act (conditional release from custody)...
Anti-terrorism, Crime and Security Act 2001 (c. 24)
196In Schedule 1 to the Anti-terrorism, Crime and Security Act...
Proceeds of Crime Act 2002 (c. 29)
197In section 308(4)(a) of the Proceeds of Crime Act 2002...
Railways and Transport Safety Act 2003 (c. 20)
198In section 90(1) of the Railways and Transport Safety Act...
199In section 101(1) of that Act (military application), for the...
Extradition Act 2003 (c. 41)
200In section 3 of the Extradition Act 2003 (arrest under...
201In section 5 of that Act (provisional arrest), for subsections...
202In section 71 of that Act (arrest warrant following extradition...
203In section 73 of that Act (provisional warrant)—
204In section 155 of that Act (service personnel) for the...
205In section 216 of that Act (interpretative provisions)—
Sexual Offences Act 2003 (c. 42)
206In section 81(3)(b) of the Sexual Offences Act 2003 (persons...
207In section 116 of that Act (qualifying offenders for purposes...
208(1) Section 131 of that Act (young offenders: application) is...
209(1) Section 133 (Part 2: general interpretation) is amended as...
210In section 134(1) of that Act (conditional discharges and probation...
211(1) Section 137 of that Act (service courts) is amended...
212(1) Schedule 3 to that Act (sexual offences for purposes...
213In Schedule 5 to that Act (other offences for purposes...
Criminal Justice Act 2003 (c. 44)
214(1) Section 94 of the Criminal Justice Act 2003 (extension...
215In section 112(1) of that Act (interpretation of Chapter 1...
216In section 143(4) of that Act (meaning of “previous conviction”),...
217(1) Section 151 of that Act (community order for persistent...
218For section 233 of that Act substitute— Offences under service...
219In section 237 of that Act (meaning of “ fixed-term...
220In section 241 of that Act (effect of direction under...
221In section 246 of that Act (disapplication of power to...
222. . . . . . . . . ....
223In section 251(3) of that Act (licence conditions on re-release...
224(1) Section 252 of that Act (duty to comply with...
225In section 260 of that Act (disapplication of power to...
226In section 263(1)(a) of that Act (concurrent terms), omit “by...
227In section 268 of that Act (interpretation of Chapter 6...
228In section 269(3)(b) of that Act (determination of minimum term...
229In section 272 of that Act (review of minimum term...
230In section 277 of that Act (interpretation of Chapter 7...
231In section 305(1) of that Act (interpretation of Part 12)—...
232In section 329 of that Act (civil proceedings for trespass...
233(1) Section 337 of that Act (extent) is amended as...
234(1) Schedule 6 to that Act (modifications for armed forces...
235(1) Schedule 7 to that Act (modifications for armed forces...
236In Schedule 21 to that Act (determination of minimum term...
Crime (International Co-operation) Act 2003 (c. 32)
237In section 47(9) of the Crime (International Co-operation) Act 2003...
Domestic Violence, Crime and Victims Act 2004 (c. 28)
238(1) Section 8 of the Domestic Violence, Crime and Victims...
239In section 45(1) of that Act (interpretation of sections 35...
240For section 62(4) of that Act (extent) substitute—
Human Tissue Act 2004 (c. 30)
241In section 39(6)(c) of the Human Tissue Act 2004 (criminal...
242In Part 2 of Schedule 4 to that Act (use...
Civil Partnership Act 2004 (c. 33)
243In section 245(2) of the Civil Partnership Act 2004 (interpretation),...
Constitutional Reform Act 2005 (c. 4)
244In Part 2 of Schedule 14 to the Constitutional Reform...
Gambling Act 2005 (c. 19)
245In section 354(2) of the Gambling Act 2005 (Crown application),...
246In Part 1 of Schedule 7 to that Act (relevant...
SCHEDULE 17Repeals and Revocations

Armed Forces Act 2006

2006 c. 52

F1An Act to make provision with respect to the armed forces; and for connected purposes.

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1C2C3

Annotations:
Amendments (Textual)
F1

Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)

Modifications etc. (not altering text)
C1

Act modified (except for ss. 143, 156) (31.10.2009) by The Armed Forces (Naval Chaplains) Regulations 2009 (S.I. 2009/826), reg. 3(1) (with reg. 2(c))

C2

Act restored (Isle of Man and Overseas Territories, except Gibraltar) (12.5.2016) by Armed Forces Act 2016 (c. 21), s. 13(1)(2)

C3

Act continued until 14.12.2024 (11.10.2023) by The Armed Forces Act 2006 (Continuation) Order 2023 (S.I. 2023/1086), art. 2