Armed Forces Act 2006

Armed Forces Act 2006 Page 1
Armed Forces Act 2006

2006 CHAPTER 52
Thomson Reuters (Legal) Limited.
UK Statutes Crown Copyright. Reproduced by permission of the Controller of Her Majesty's Stationery Office.
An Act to make provision with respect to the armed forces; and for connected purposes.
[8th November 2006]
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:–
Extent
Preamble: United Kingdom (extends to the Isle of Man and the British overseas territories and may extend to the any
of the Channel Islands as specified by Orders in Council made under this Act)
PART 1
OFFENCES
Assisting an enemy, misconduct on operations etc
Law In Force
! Amendment(s) Pending
1 Assisting an enemy
(1) A person subject to service law commits an offence if, without lawful excuse, he intentionally–
(a) communicates with an enemy;
(b) gives an enemy information that would or might be useful to the enemy;
(c) fails to make known to the proper authorities any information received by him from an
enemy;
(d) provides an enemy with any supplies; or
(e) harbours or protects an enemy other than a prisoner of war.
(2) A person subject to service law who has been captured by an enemy commits an offence if,
without lawful excuse, he intentionally serves with or assists the enemy–
(a) in the prosecution of hostilities or of measures likely to influence morale; or
(b) in any other manner not authorised by international law.
(3) A person guilty of an offence under this section is liable to any punishment mentioned in the
Table in section 164, and any sentence of imprisonment imposed in respect of the offence may be
for life.
Amendments Pending
Pt 1 s. 1: repealed by Armed Forces Act 2006 c. 52 Pt 19 c. 4 s. 382 (November 2, 2016: repeal originally came into
force on November 3, 2012 but has been continued by SI 2012/1750 subject to 2006 c.52 s.382(2)-(4), SI 2013/2603
art.2, SI 2014/1882 art.2 and further continued by SI 2015/1766 art.2 )
Commencement
Pt 1 s. 1(1)-(3): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Pt 1 s. 1(1)-(3): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend to the
any of the Channel Islands as specified by Orders in Council made under this Act)
Law In Force
2 Misconduct on operations
(1) A person subject to service law commits an offence if, without reasonable excuse, he–
(a) surrenders any place or thing to an enemy; or
(b) abandons any place or thing which it is his duty to defend against an enemy or to prevent
from falling into the hands of an enemy.
(2) Subsections (3) to (5) apply to a person subject to service law who is–
(a) in the presence or vicinity of an enemy;
(b) engaged in an action or operation against an enemy; or
(c) under orders to be prepared for any action or operation by or against an enemy.
(3) A person to whom this subsection applies commits an offence if he fails to use his utmost
exertions to carry out the lawful commands of his superior officers.
(4) A person to whom this subsection applies commits an offence if he is on guard duty and posted
or ordered to patrol, or is on watch, and–
(a) without reasonable excuse, he sleeps; or
(b) (without having been regularly relieved) he leaves any place where it is his duty to be.
(5) A person to whom this subsection applies commits an offence if, without reasonable excuse,
he intentionally communicates with a person who is–
(a) a member of any of Her Majesty's forces or of any force co-operating with them, or
(b) a relevant civilian,
and the communication is likely to cause that person to become despondent or alarmed.
(6) In subsection (5) “relevant civilian” means a person who–

(a) is a civilian subject to service discipline; and
(b) is accompanying a person subject to service law who is–
(i) in the presence or vicinity of an enemy; or
(ii) engaged in an action or operation against an enemy.
for life.
Amendments Pending
Commencement
Extent
Law In Force
3 Obstructing operations
(1) A person subject to service law commits an offence if–
(a) he does an act that is likely to put at risk the success of an action or operation of any of
Her Majesty's forces; and
(b) he intends to prevent, or is reckless as to whether he prevents, the success of the action
or operation.
(a) without lawful excuse, he does an act that delays or discourages an action or operation
of any of Her Majesty's forces; and
(b) he intends to delay or discourage the action or operation.
(3) In this section “act”includes an omission and references to the doing of an act are to be read
accordingly.
Table in section 164, and any sentence of imprisonment imposed in respect of the offence–
(a) if the offence relates to an action or operation against an enemy, may be for life;
(b) otherwise, must not exceed ten years.
Amendments Pending
Commencement
Pt 1 s. 3(1)-(4)(b): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Pt 1 s. 3(1)-(4)(b): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend to
the any of the Channel Islands as specified by Orders in Council made under this Act)
Law In Force
4 Looting
(1) A person within subsection (4) commits an offence if, without lawful excuse–
(a) he takes any property from a person who has been killed, injured, captured or detained
in the course of an action or operation of any of Her Majesty's forces or of any force
co-operating with them; or
(b) he searches such a person with the intention of taking property from him.
(2) A person within subsection (4) commits an offence if, without lawful excuse–
(a) he takes any property which has been left exposed or unprotected in consequence of–
(i) an action or operation of any of Her Majesty's forces or of any force co-operating
with them; or
(ii) an event, or state of affairs, in relation to which such an action or operation is
undertaken; or
(b) he searches any place or thing with the intention of taking property of a description
mentioned in paragraph (a).
(3) A person within subsection (4) commits an offence if he takes otherwise than for the public
service any vehicle, equipment or stores abandoned by an enemy.
(4) A person is within this subsection if he is–
(a) a person subject to service law; or
(b) a civilian subject to service discipline.
(a) in the case of an offence under subsection (1) or (2), may be for life;
(b) in the case of an offence under subsection (3), must not exceed seven years.
Amendments Pending
Commencement
Extent
Law In Force
5 Failure to escape etc

(1) Subsections (2) and (3) apply to a person subject to service law who has been captured by an
enemy.
(2) A person to whom this subsection applies commits an offence if–
(a) he is aware of steps that he could take to rejoin Her Majesty's forces;
(b) he could reasonably be expected to take those steps; and
(c) without lawful excuse, he fails to take them.
(3) A person to whom this subsection applies commits an offence if, without lawful excuse, he
intentionally prevents or discourages another person subject to service law who has been captured
by an enemy from taking any reasonable steps to rejoin Her Majesty's forces.
Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not
exceed ten years.
Amendments Pending
Commencement
Extent
Mutiny
Law In Force
6 Mutiny
(1) A person subject to service law commits an offence if he takes part in a mutiny.
(2) For the purposes of this section a person subject to service law takes part in a mutiny if–
(a) in concert with at least one other person subject to service law, he–
(i) acts with the intention of overthrowing or resisting authority; or
(ii) disobeys authority in such circumstances as to subvert discipline;
(b) he agrees with at least one other person subject to service law to overthrow or resist
authority; or
(c) he agrees with at least one other person subject to service law to disobey authority, and
the agreed disobedience would be such as to subvert discipline.
(3) For the purposes of subsection (2)–
(a) “authority” means lawful authority in any part of Her Majesty's forces or of any force
co-operating with them;
(b) the reference to acting includes omitting to act.
for life.
Amendments Pending
Commencement
Extent
Law In Force
7 Failure to suppress mutiny

(a) he knows that a mutiny is occurring or is intended; and
(b) he fails to take such steps as he could reasonably be expected to take to prevent or
suppress it.
(2) For the purposes of this section a mutiny occurs when a person subject to service law, in concert
with at least one other person subject to service law–
(a) acts with the intention of overthrowing or resisting authority; or
(b) disobeys authority in such circumstances as to subvert discipline.
for life.
Amendments Pending
Commencement
Extent
Desertion and absence without leave
Law In Force
8 Desertion
(1) A person subject to service law commits an offence if he deserts.
(2) For the purposes of this Act a person deserts if he is absent without leave and–
(a) he intends to remain permanently absent without leave; or
(b) he intends to avoid a period of active service.
(3) In this section “active service” means service in–
(a) an action or operation against an enemy;
(b) an operation outside the British Islands for the protection of life or property; or
(c) the military occupation of a foreign country or territory.
(a) if the offender intended to avoid a period of active service, may be for life;
(b) otherwise, must not exceed two years.
Amendments Pending
Commencement
Extent
Law In Force
9 Absence without leave

(1) A person subject to service law commits an offence if subsection (2) or (3) applies to him.
(2) This subsection applies to a person if he is intentionally or negligently absent without leave.
(3) This subsection applies to a person if–
(a) he does an act, being reckless as to whether it will cause him to be absent without leave;
and
(b) it causes him to be absent without leave.
(4) In subsection (3) “act”includes an omission and the reference to the doing of an act is to be read
accordingly.
exceed two years.
Amendments Pending
Commencement
Extent
Law In Force
10 Failure to cause apprehension of deserters or absentees

(a) he knows that another person–
(i) has committed, is committing or is attempting to commit an offence under section
8 (desertion); or
(ii) is committing or attempting to commit an offence under section 9 (absence
without leave); and
(b) he fails to take such steps as he could reasonably be expected to take to cause that person
to be apprehended.
exceed two years.
Amendments Pending
Commencement
Extent
Pt 1 s. 10(1)-(2): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend to
Insubordination etc
Law In Force
11 Misconduct towards a superior officer

(a) he uses violence against a superior officer (“B”); and
(b) he knows or has reasonable cause to believe that B is a superior officer.
(a) his behaviour towards a superior officer (“B”) is threatening or disrespectful; and
(b) he knows or has reasonable cause to believe that B is a superior officer.
(3) For the purposes of this section–
(a) the behaviour of a person (“A”) towards another person (“B”) includes any
communication made by A to B (whether or not in B's presence);
(b) “threatening” behaviour is not limited to behaviour that threatens violence.

exceed–
(a) in the case of an offence under subsection (1), or an offence under subsection (2) of
behaviour that is threatening, ten years;
(b) in any other case, two years.
Amendments Pending
Commencement
Extent
Pt 1 s. 11(1)-(4)(b): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend
to the any of the Channel Islands as specified by Orders in Council made under this Act)
Law In Force
12 Disobedience to lawful commands

(a) he disobeys a lawful command; and
(b) he intends to disobey, or is reckless as to whether he disobeys, the command.
exceed ten years.
Amendments Pending
Commencement
Extent
Law In Force
13 Contravention of standing orders

(1) A person subject to service law, or a civilian subject to service discipline, commits an offence
if–
(a) he contravenes a lawful order to which this section applies; and
(b) he knows or could reasonably be expected to know of the order.
(2) This section applies to standing orders, and other routine orders of a continuing nature, of any
of Her Majesty's forces, made for any–
(a) part of Her Majesty's forces;
(b) area or place; or
(c) ship, train or aircraft;
but paragraph (a) of this subsection does not apply in relation to a civilian subject to service
discipline.
exceed two years.
Amendments Pending
Commencement
Extent
Law In Force
14 Using force against a sentry etc

(a) he uses force against a member of any of Her Majesty's forces, or of any force
co-operating with them, who is–
(i) on guard duty and posted or ordered to patrol;
(ii) on watch; or
(iii) under orders to regulate traffic by land, water or air; or
(b) by the threat of force he compels such a person to let him or any other person pass.
exceed two years.
Amendments Pending
Commencement
Extent
Neglect of duty and misconduct
Law In Force
15 Failure to attend for or perform duty etc

(1) A person subject to service law commits an offence if, without reasonable excuse, he–
(a) fails to attend for any duty;
(b) leaves any duty before he is permitted to do so; or
(c) fails to perform any duty.
(2) A person subject to service law commits an offence if he performs any duty negligently.
exceed two years.
Amendments Pending
Commencement
Extent
Law In Force
16 Malingering
(1) A person subject to service law commits an offence if, to avoid service–
(a) he pretends to have an injury;
(b) by any act he causes himself an injury;
(c) by any act or omission he aggravates or prolongs any injury of his; or
(d) he causes another person to injure him.
(2) A person subject to service law commits an offence if, at the request of another person subject
to service law (“B”) and with the intention of enabling B to avoid service–
(a) by any act he causes B an injury; or
(b) by any act or omission he aggravates or prolongs any injury of B.
(3) In this section–
“injury”includes any disease and any impairment of a person's physical or mental condition,
and the reference to injuring is to be read accordingly;
“service”includes any particular duty or kind of duty.
exceed two years.
Amendments Pending
Commencement
Extent
Law In Force
17 Disclosure of information useful to an enemy

(a) without lawful authority, he discloses information that would or might be useful to an
enemy; and
(b) he knows or has reasonable cause to believe that the information would or might be
useful to an enemy.
exceed two years.
Amendments Pending
Commencement
Extent
Law In Force
18 Making false records etc

(a) he makes an official record, knowing that it is false in a material respect; and
(b) he knows or has reasonable cause to believe that the record is official.
(2) A person who adopts as his own a record made by another person is for the purposes of subsection
(1) to be treated, as well as that other person, as making the record.
(a) with intent to deceive, he tampers with or suppresses an official document; and
(b) he knows or has reasonable cause to believe that the document is official.
(a) with intent to deceive, he fails to make a record which he is under a duty to make; and
(b) he knows or has reasonable cause to believe that the record would, if made, be official.
(a) “record” means a document or an entry in a document;
(b) “document” means anything in which information is recorded;
(c) a record or document is official if it is or is likely to be made use of, in connection with
the performance of his functions as such, by a person who holds office under the Crown or
is in the service of the Crown.
exceed two years.
Amendments Pending
Commencement
Extent
Law In Force
19 Conduct prejudicial to good order and discipline

(1) A person subject to service law commits an offence if he does an act that is prejudicial to good
order and service discipline.
(2) In this section “act”includes an omission and the reference to the doing of an act is to be read
accordingly.
exceed two years.
Amendments Pending
Commencement
Extent
Law In Force
20 Unfitness or misconduct through alcohol or drugs

(1) A person subject to service law commits an offence if, due to the influence of alcohol or any
drug–
(a) he is unfit to be entrusted with his duty or any duty which he might reasonably expect
to be called upon to perform; or
(b) his behaviour is disorderly or likely to bring discredit to Her Majesty's forces.
[ (1A) For the purposes of subsection (1) a person is to be taken to be unfit to be entrusted with his
duty, or a duty which he might reasonably expect to be called upon to perform, if his ability to
carry out the duty in question is impaired. ] 1
(2) Subsection (1) does not apply to the influence of a drug on a person (“A”) if–
(a) the drug was taken or administered on medical advice and A complied with any directions
given as part of that advice;
(b) the drug was taken or administered for a medicinal purpose, and A had no reason to
believe that the drug might impair his ability to carry out the duties mentioned in subsection
(1)(a) or (as the case may be) result in his behaving in a way mentioned in subsection (1)(b);
(c) the drug was taken on the orders of a superior officer of A; or
(d) the drug was administered to A on the orders of a superior officer of the person
administering it.
(a) “drug”includes any intoxicant other than alcohol;
(b) a person's “behaviour”includes anything said by him.
(4) In proceedings for an offence under this section, any paragraph of subsection (2) is to be treated
as not having applied in relation to the defendant unless sufficient evidence is adduced to raise an
issue as to whether it did.
exceed two years.
Notes
1
Added by Armed Forces Act 2011 c. 18 s.9 (November 1, 2013)
Amendments Pending
Commencement
Extent
Pt 1 s. 20(1)-(1)(b), (2)-(5): United Kingdom (extends to the Isle of Man and the British overseas territories and may
extend to the any of the Channel Islands as specified by Orders in Council made under this Act)
Pt 1 s. 20(1A): United Kingdom
Law In Force
[ 20A Exceeding alcohol limit for prescribed safety-critical duties

(1) A person subject to service law (“P”) commits an offence if the proportion of alcohol in P's
breath, blood or urine exceeds the relevant limit at a time when P—
(a) is performing, or purporting to perform, a prescribed duty; or
(b) might reasonably expect to be called on to perform such a duty.
(2) In subsection (1) “prescribed duty” means a duty specified, or of a description specified, by
regulations; but a duty or description may be specified only if performing that duty (or a duty of
that description) with ability impaired by alcohol would result in a risk of—
(a) death;
(b) serious injury to any person;
(c) serious damage to property; or
(d) serious environmental harm.
(3) In this section “the relevant limit”, in relation to a duty specified or of a description specified
by regulations, means the limit prescribed by regulations in relation to that duty or duties of that
description.
(4) In this section “regulations” means regulations made by the Defence Council for the purposes
of this section.
exceed two years.
]1
Notes
1
Added by Armed Forces Act 2011 c. 18 s.10 (March 8, 2012 for the purpose only of conferring power to make
regulations under 2006 s.52 s.20A; November 1, 2013 otherwise)
Amendments Pending
Pt 1 s. 20A: repealed by Armed Forces Act 2006 c. 52 Pt 19 c. 4 s. 382 (November 2, 2016: repeal originally came
into force on November 3, 2012 but has been continued by SI 2012/1750 subject to 2006 c.52 s.382(2)-(4), SI 2013/2603
Extent
Pt 1 s. 20A(1)-(5): United Kingdom
Law In Force
21 Fighting or threatening behaviour etc

(1) A person subject to service law commits an offence if, without reasonable excuse, he fights
another person.
(a) without reasonable excuse, his behaviour is–

(i) threatening, abusive, insulting or provocative; and
(ii) likely to cause a disturbance; and
(b) he intends to be, or is aware that his behaviour may be, threatening, abusive, insulting
or provocative.
(3) For the purposes of this section a person's “behaviour”includes anything said by him.
exceed two years.
Amendments Pending
Commencement
Extent
Law In Force
22 Ill-treatment of subordinates
(1) A person subject to service law who is an officer, warrant officer or noncommissioned officer
commits an offence if–
(a) he ill-treats a subordinate (“B”);
(b) he intends to ill-treat B or is reckless as to whether he is ill-treating B; and
(c) he knows or has reasonable cause to believe that B is a subordinate.
(2) For the purposes of this section a person (“B”) is a subordinate of another person (“A”) if–
(a) B is subject to service law; and
(b) A is a superior officer of B.
exceed two years.
Amendments Pending
Commencement
Extent
Law In Force
23 Disgraceful conduct of a cruel or indecent kind

(a) he does an act which is cruel or indecent; and
(b) his doing so is disgraceful.
(2) In this section “act”includes an omission and the reference to the doing of an act is to be read
accordingly.
exceed two years.
Amendments Pending
Commencement
Extent
Property offences
Law In Force
24 Damage to or loss of public or service property

(a) he does an act that causes damage to or the loss of any public or service property or
any property belonging to another person subject to service law; and
(b) either–
(i) he intends to cause damage to or the loss of the property, and there is no lawful
excuse for his act; or
(ii) he is reckless as to whether he causes damage to or the loss of the property.
(a) negligently, he does an act that causes damage to or the loss of any public or service
property; or
(b) he does an act that is likely to cause damage to or the loss of any public or service
property and–
(i) he is reckless as to whether he causes damage to or the loss of the property; or
(ii) he is negligent.
(a) “act”includes an omission and references to the doing of an act are to be read accordingly;
(b) references to causing include allowing;
(c) “loss”includes temporary loss;
(d) “property” means property of a tangible nature, and references to public or service
property are to be read accordingly.
exceed–
(a) in the case of an offence under subsection (1), ten years;
(b) in the case of an offence under subsection (2), two years.
Amendments Pending
Commencement
Extent
Law In Force
25 Misapplying or wasting public or service property

(1) A person subject to service law commits an offence if he misapplies or wastes any public or
service property.
(2) A person guilty of an offence under this section is liable to any punishment mentioned in rows
2 to 12 of the Table in section 164.
Amendments Pending
Commencement
Extent
Law In Force
26 Sections 24 and 25: “public property” and “service property”

(1) This section applies for the purposes of sections 24 and 25.
(2) “Public property” means property belonging to or held for the purposes of–
(a) a department of the Government of the United Kingdom;
(b) any part of the Scottish Administration;
(c) a Northern Ireland department; or
(d) the National Assembly for Wales.
(3) “Service property” means property–
(a) belonging to or used for the purposes of any of Her Majesty's forces;
(b) belonging to a Navy, Army and Air Force Institute; or
(c) belonging to an association established, or having effect as if established, under section
110 of the Reserve Forces Act 1996 (c. 14) (reserve associations).
Amendments Pending
Commencement
Pt 1 s. 26(1)-(3)(c): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Pt 1 s. 26(1)-(3)(c): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend
Offences against service justice
Law In Force
27 Obstructing or failing to assist a service policeman

(1) A person within subsection (2) commits an offence if–
(a) he intentionally obstructs, or intentionally fails to assist when called upon to do so, a
person who is–
(i) a service policeman acting in the course of his duty; or
(ii) a person subject to service law lawfully exercising authority on behalf of a
provost officer; and
(b) he knows or has reasonable cause to believe that that person is a service policeman or
a person exercising authority on behalf of a provost officer.
(a) a person subject to service law; or
exceed two years.
Amendments Pending
Commencement
Extent
Law In Force
28 Resistance to arrest etc

(1) A person subject to service law (“A”) commits an offence if another person (“B”), in the exercise
of a power conferred by or under this Act, orders A into arrest and–
(a) A disobeys the order;
(b) A uses violence against B; or
(c) A's behaviour towards B is threatening.
if–
(a) he uses violence against a person who has a duty to apprehend him, or his behaviour
towards such a person is threatening; and
(b) he knows or has reasonable cause to believe that the person has a duty to apprehend
him.
(a) a person's “behaviour”includes anything said by him;
(b) “threatening” behaviour is not limited to behaviour that threatens violence;
(c) a “duty” to apprehend a person means such a duty arising under service law.
exceed two years.
Amendments Pending
Commencement
Extent
Law In Force
29 Offences in relation to service custody

if he escapes from lawful custody.
if–
(a) he uses violence against a person in whose lawful custody he is, or his behaviour towards
such a person is threatening; and
(b) he knows or has reasonable cause to believe that the custody is lawful.
(a) references to custody are to service custody;
(b) a person's behaviour includes anything said by him;
(c) “threatening” behaviour is not limited to behaviour that threatens violence.
exceed two years.
Amendments Pending
Commencement
Extent
Law In Force
30 Allowing escape, or unlawful release, of prisoners etc

(a) he knows that a person is committed to his charge, or that it is his duty to guard a person;
(b) he does an act that results in that person's escape; and
(c) he intends to allow, or is reckless as to whether the act will allow, that person to escape,
or he is negligent.
(a) he knows that a person is committed to his charge;
(b) he releases that person without authority to do so; and
(c) he knows or has reasonable cause to believe that he has no such authority.
(3) In this section “act”includes an omission and the reference to the doing of an act is to be construed
accordingly.
exceed–
(a) in the case of an offence under subsection (1) where the offender intended to allow the
person to escape, or an offence under subsection (2) where the offender knew he had no
authority to release the person, ten years;
(b) in any other case, two years.
Amendments Pending
Commencement
Extent
Ships and aircraft
Law In Force
31 Hazarding of ship
(1) A person subject to service law commits an offence if he does an act that causes the hazarding
of any of Her Majesty's ships and–
(a) he intends to cause damage to or the stranding or loss of the ship, and there is no lawful
(b) he is reckless as to whether he causes damage to or the stranding or loss of the ship.
(2) A person subject to service law commits an offence if, negligently, he does an act that causes
the hazarding of any of Her Majesty's ships.
(a) “act”includes an omission and references to the doing of an act are to be read accordingly;
(b) references to causing include allowing;
(c) “Her Majesty's ships” means all ships belonging to or used for the purposes of any of
Her Majesty's forces.
(a) in the case of an offence under subsection (1), may be for life;
(b) in the case of an offence under subsection (2), must not exceed two years.
Amendments Pending
Commencement
Extent
Law In Force
32 Giving false air signals etc

(1) A person subject to service law commits an offence if, without lawful excuse, he intentionally–
(a) gives a false air signal; or
(b) alters or interferes with an air signal or any equipment for giving an air signal.
(2) In this section “air signal” means a message, signal or indication given (by any means) for the
guidance of aircraft or a particular aircraft.
for life.
Amendments Pending
Commencement
Extent
Law In Force
33 Dangerous flying etc

(a) he does an act–

(i) when flying or using an aircraft, or
(ii) in relation to an aircraft or aircraft material,
that causes or is likely to cause loss of life or injury to any person; and
(b) either–
(i) he intends to cause loss of life or injury to any person, and there is no lawful
(ii) he is reckless as to whether he causes loss of life or injury to any person.
(2) A person subject to service law commits an offence if, negligently, he does an act–
(a) when flying or using an aircraft, or
(b) in relation to an aircraft or aircraft material,
that causes or is likely to cause loss of life or injury to any person.
“act”includes an omission and the reference to the doing of an act is to be read accordingly;
“aircraft material”includes–
(a) parts of and accessories for aircraft (whether or not for the time being in aircraft);
(b) armaments in or for use in aircraft;
(c) any other equipment or instrument in or for use in aircraft;
(d) any equipment for use in connection with the taking-off or landing of aircraft
or for detecting the movement of aircraft;
(e) any fuel for the propulsion of aircraft; and
(f) any lubricant for aircraft or for anything within any of paragraphs (a) to (d).
(a) in the case of an offence under subsection (1), may be for life;
(b) in the case of an offence under subsection (2), must not exceed two years.
Amendments Pending
Commencement
Extent
Law In Force
34 Low flying
(a) he flies an aircraft at a height less than the minimum height, other than–
(i) when taking off or landing; or
(ii) in any other circumstances prescribed by regulations made by the Defence
Council; and
(b) he intends to fly, or is reckless as to whether he flies, the aircraft at a height less than
the minimum height, or he is negligent.
(2) If a person flies an aircraft in contravention of subsection (1) on the orders of another person
who is in command of the aircraft, that other person is for the purposes of this section to be treated
as flying the aircraft.
(3) In this section “minimum height” means the height prescribed by regulations made by the
Defence Council.
exceed two years.
Amendments Pending
Commencement
Pt 1 s. 34(1)-(1)(b): March 28, 2009 for the purpose of enabling the Defence Council to make regulations; October
31, 2009 otherwise (SI 2009/812 art. 3(a)(i); SI 2009/1167 art. 4)
Extent
Law In Force
35 Annoyance by flying
(a) he flies an aircraft so as to annoy or be likely to annoy any person;
(b) he can reasonably avoid flying the aircraft as mentioned in paragraph (a); and
(c) he intends to fly, or is reckless as to whether he flies, the aircraft so as to annoy any
person, or he is negligent.
(2) If a person flies an aircraft in contravention of subsection (1) on the orders of another person
who is in command of the aircraft, that other person is for the purposes of this section to be treated
as flying the aircraft.
(3) A person guilty of an offence under this section is liable to any punishment mentioned in rows
3 to 12 of the Table in section 164.
Amendments Pending
Commencement
Extent
Law In Force
36 Inaccurate certification
(1) A person subject to service law commits an offence if he makes or signs a relevant certificate
without having ensured its accuracy.
(2) In this section “relevant certificate” means a certificate (including an electronic certificate)
relating to–
(a) any matter affecting the seagoing or fighting efficiency of any of Her Majesty's ships;
(b) any of Her Majesty's aircraft;
(c) any aircraft material; or
(d) any equipment of a description prescribed by regulations made by the Defence Council.
(3) In subsection (2)–
“Her Majesty's ships”has the meaning given by section 31;
“Her Majesty's aircraft” means all aircraft belonging to or used for the purposes of any of
Her Majesty's forces;
“aircraft material”has the meaning given by section 33.
exceed two years.
Amendments Pending
Commencement
Pt 1 s. 36(1), (3)-(4): October 31, 2009 (SI 2009/1167 art. 4)
Pt 1 s. 36(2)-(2)(d): March 28, 2009 for the purpose of enabling the Defence Council to make regulations; October
Extent
Law In Force
37 Prize offences by officer in command of ship or aircraft

(1) A person subject to service law who, while in command of any of Her Majesty's ships or aircraft,
takes any ship or aircraft as prize commits an offence if he unlawfully fails to ensure that all the
ship papers or aircraft papers found on board are sent to a prize court of competent jurisdiction.
(2) A person subject to service law who, while in command of any of Her Majesty's ships or aircraft,
takes any ship, aircraft or goods as prize commits an offence if he unlawfully fails to ensure that–
(a) the ship is brought to a convenient port for adjudication;
(b) the aircraft is brought to a convenient airfield for adjudication; or
(c) the goods are brought to a convenient port or airfield for adjudication.
“Her Majesty's ships” and “Her Majesty's aircraft”have the meanings given (respectively)
by sections 31 and 36;
“prize court” means a prize court within the meaning of the Naval Prize Act 1864 (c. 25);
“ship papers” and “aircraft papers”have the meanings given by section 2 of that Act.
exceed two years.
Amendments Pending
Commencement
Extent
Law In Force
38 Other prize offences

(a) he ill-treats a person who is on board a ship or aircraft when it is taken as prize; or
(b) he unlawfully takes anything in the possession of such a person.
(2) A person subject to service law commits an offence if he unloads, unpacks or otherwise interferes
with any goods that are on board a ship or aircraft which has been taken as prize, unless–
(a) the goods have been adjudged by a prize court (within the meaning of the Naval Prize
Act 1864 (c. 25)) to be lawful prize; or
(b) the goods are removed for safe keeping or for necessary use by any of Her Majesty's
forces or any force co-operating with them.
(3) A person subject to service law commits an offence if, without lawful excuse, he unloads,
unpacks or otherwise interferes with any goods that are on board a ship or aircraft that has been
detained in exercise of a belligerent right or under an enactment.
exceed two years.
Amendments Pending
Commencement
Extent
Attempts, [ encouragement and assistance ] 1 , and aiding and abetting
Notes
1
Word substituted by Serious Crime Act 2007 c. 27 Sch.5 para.10 (October 31, 2009: substitution came into force
on October 1, 2008 but could not take effect until the commencement of 2006 c.52 s.39 on October 31, 2010)
Law In Force
39 Attempts
(1) A person subject to service law commits an offence if he attempts to commit an offence to
which this subsection applies.
(2) Subsection (1) applies to any service offence except–
(a) an offence committed by virtue of section 41 (aiding and abetting);
(b) an offence under this section or section 42.

(3) A civilian subject to service discipline commits an offence if he attempts to commit an offence
to which this subsection applies.
(4) Subsection (3) applies to–
(a) an offence under section 4, 13, 27, 28(2), 29, 107 or 306 of this Act or under section
18 or 20 of the Armed Forces Act 1991 (c. 62); and
(b) an offence under section 40 of [ encouraging or assisting the commission of ] 1 an
offence mentioned in paragraph (a).
(5) For the purposes of this section a person attempts to commit an offence if, with intent to commit
the offence, he does an act which is more than merely preparatory to the commission of the offence.
(6) For those purposes, a person may attempt to commit an offence even though the facts are such
that the commission of the offence is impossible.
(7) Where–
(a) apart from this subsection a person's intention would not be regarded as having amounted
to an intent to commit an offence, but
(b) if the facts of the case had been as he believed them to be his intention would be so
regarded,
then for the purposes of this section he shall be regarded as having had an intent to commit that
offence.
(8) Where in proceedings for an offence under this section there is evidence sufficient in law to
support a finding that the defendant did an act falling within subsection (5), the question whether
his act fell within that subsection is a question of fact.
(9) A person guilty of an offence under this section is liable to the same punishment as he would
be liable to if guilty of the offence attempted.
Notes
1
Words substituted by Serious Crime Act 2007 c. 27 Sch.5 para.8 (October 31, 2009: substitution came into force
on October 1, 2008 but could not take effect until the commencement of 2006 c.52 s.39 on October 31, 2009)
Amendments Pending
Commencement
Extent
Law In Force
[ 40 Encouraging and assisting

(1) A person subject to service law commits an offence if he encourages or assists the commission
of a service offence (other than an offence under section 42).
(2) A civilian subject to service discipline commits an offence if he encourages or assists the
commission of an offence mentioned in section 39(4).
(3) Reference in this section to encouraging or assisting the commission of an offence is to the
doing of an act that would have constituted an offence under Part 2 of the Serious Crime Act 2007
if the offence encouraged or assisted had been an offence under the law of England and Wales.
(4) In determining whether an act would have constituted an offence under that Part, section 49(4)
of that Act has effect as if for “offences under this Part and listed offences” it read “offences under
sections 39 and 40 of the Armed Forces Act 2006”.
(5) Any requirement in that Part to specify matters in an indictment applies for the purposes of this
section as it applies for the purposes of that Part, but with references to the indictment being read
as references to the charge sheet.
(6) A person guilty of an offence under this section is liable to the same punishment as he would
be liable to if guilty of–
(a) the service offence encouraged or assisted; or
(b) if convicted of the offence under this section by reference to more than one such service
offence, any one of those service offences.
1
]
Notes
1
Substituted by Serious Crime Act 2007 c. 27 Sch.5 para.9 (October 31, 2009: substitution came into force on
October 1, 2008 but could not take effect until the commencement of 2006 c.52 s.40 on October 31, 2009)
Amendments Pending
Commencement
Extent
Pt 1 s. 40(5)-(6)(b): United Kingdom
Law In Force
41 Aiding, abetting, counselling or procuring

(1) Where a person subject to service law aids, abets, counsels or procures the commission by
another person of an offence to which this subsection applies, he commits that offence.
(2) Subsection (1) applies to any service offence except an offence under section 42.
(3) A person who by virtue of subsection (1) commits an offence is liable to be charged, tried
(including dealt with at a summary hearing) and punished as a principal offender.
(4) Where a civilian subject to service discipline aids, abets, counsels or procures the commission
by another person of an offence mentioned in section 39(4), he commits that offence and is liable
to be charged, tried and punished as a principal offender.
Amendments Pending
Commencement
Extent
Criminal conduct
Law In Force
42 Criminal conduct
under this section if he does any act that–
(a) is punishable by the law of England and Wales; or
(b) if done in England or Wales, would be so punishable.
(2) A person may be charged with an offence under this section even if he could on the same facts
be charged with a different service offence.
(3) A person guilty of an offence under this section is liable to–
(a) if the corresponding offence under the law of England and Wales is under that law an
offence punishable with imprisonment, any punishment mentioned in the Table in section
164;
(b) otherwise, any punishment mentioned in rows 5 to 12 of that Table.
(4) Any sentence of imprisonment or fine imposed in respect of an offence under this section must
not exceed–
(a) if the corresponding offence under the law of England and Wales is a summary offence,
the maximum term of imprisonment or fine that could be imposed by a magistrates' court
on summary conviction;
(b) if that corresponding offence is an indictable offence, the maximum sentence of
imprisonment or fine that could be imposed by the Crown Court on conviction on indictment.
(5) In subsection (4) “a summary offence” and “an indictable offence”mean, respectively, a summary
offence under the law of England and Wales and an indictable offence under that law.
(6) In this section and sections 45 to 49“act”includes an omission and references to the doing of
an act are to be read accordingly.
(7) In subsections (1) and (8) and sections 45 to 49“punishable” means punishable with a criminal
penalty.
(8) In this Act “the corresponding offence under the law of England and Wales”, in relation to an
offence under this section, means–
(a) the act constituting the offence under this section; or
(b) if that act is not punishable by the law of England and Wales, the equivalent act done
in England or Wales.
Amendments Pending
Commencement
Extent
Law In Force
43 Attempting criminal conduct

(1) Subsection (2) applies for the purpose of determining whether an attempt is an offence under
section 42.
(2) For that purpose section 1(4) of the Criminal Attempts Act 1981 (c. 47) (offences that it is an
offence to attempt) has effect as if for the words from “offence which” to “other than” there were
substituted “offence under section 42 of the Armed Forces Act 2006 consisting of an act punishable
by the law of England and Wales as an indictable offence or an act that, if done in England or
Wales, would be so punishable by that law; but “indictable offence” here does not include”.
(3) Section 42(6) applies for the purposes of section 1(4) of the Criminal Attempts Act 1981 as
modified by this section.
Amendments Pending
Commencement
Extent
Law In Force
44 Trial of section 42 offence of attempt

(1) Where, in proceedings for a section 42 offence of attempt, there is evidence sufficient in law
to support a finding that the defendant did an act falling within subsection (1) of section 1 of the
Criminal Attempts Act 1981, the question whether his act fell within that subsection is a question
of fact.
(2) In this section “a section 42 offence of attempt” means an offence under section 42 consisting
of an act that is, or that would be if done in England or Wales, an offence under section 1(1) of the
Criminal Attempts Act 1981 (c. 47).
(3) References in subsections (1) and (2) to section 1(1) of the Criminal Attempts Act 1981 are to
that provision as it has effect by virtue of section 43 above.
Amendments Pending
Commencement
Extent
Law In Force
45 Conspiring to commit criminal conduct

(1) For the purpose of determining whether an agreement that a course of conduct be pursued is
an offence under section 42–
(a) sections 1(1) and 2 of the Criminal Law Act 1977 (c. 45) (conspiracy) have effect as if
any reference to an offence included a reference to an act that, if done in England or Wales,
would be punishable by the law of England and Wales; and
(b) section 1(2) of that Act has effect as if it read–
“(2) Where liability for any offence may be incurred without knowledge on the part
of the person committing it of any particular fact or circumstance necessary for the
commission of it, a person is nevertheless not guilty by virtue of subsection (1)
above of conspiracy to commit–
(a) that offence, or
(b) an act that would amount to that offence if done in England or Wales,
unless he and at least one other party to the agreement intend or know that that fact
or circumstance shall or will exist at the time when the conduct constituting the
offence, or the act, is to take place.”
(2) Section 42(6) applies for the purposes of section 1(2) of the Criminal Law Act 1977 as substituted
by this section.
Amendments Pending
Commencement
Extent
Law In Force
[ 46 Encouraging or assisting criminal conduct

(1) Subsection (2) applies if a person subject to service law, or a civilian subject to service discipline,
encourages or assists the doing of an act (or one or more of a number of acts) that, if done in England
or Wales, would be punishable by the law of England and Wales.
(2) Regardless of where that act (or those acts) might be done and of his state of mind with respect
to that question, his encouragement or assistance shall be treated for the purposes of section 42(1)
as an act that is punishable by the law of England and Wales (so far as it is not such an act in any
event).
(3) Reference in this section to encouraging or assisting is to an act that would constitute an offence
under Part 2 of the Serious Crime Act 2007 disregarding any provision in that Part about the place
where the act (or acts) being encouraged or assisted might be done or the accused's state of mind
with respect to that question.
]1
Notes
1
Substituted by Serious Crime Act 2007 c. 27 Sch.5 para.11 (October 31, 2009: substitution came into force on
October 1, 2008 but could not take effect until the commencement of 2006 c.52 s.46 on October 31, 2010)
Amendments Pending
Commencement
Extent
Pt 1 s. 46(3): United Kingdom
Law In Force
47 Aiding, abetting, counselling or procuring criminal conduct

(1) Subsection (2) applies if–
(a) any person (“A”) does an act that is punishable by the law of England and Wales or
would be so punishable if done in England or Wales; and
(b) a person subject to service law, or a civilian subject to service discipline, aids, abets,
counsels or procures A's doing of that act.
(2) Regardless of where the act aided, abetted, counselled or procured was done, the aiding, abetting,
counselling or procuring shall be treated for the purposes of section 42(1) as an act that is punishable
by the law of England and Wales.
(3) For the purpose of determining whether an attempt is an act that falls within subsection (1)(a)
above, section 1(4) of the Criminal Attempts Act 1981 (c. 47) has effect with the modification
made by section 43.
Amendments Pending
Commencement
Extent
Law In Force
48 Provision supplementary to sections 43 to 47

(1) This section applies where–
(a) an attempt, agreement or [ encouragement or assistance ] 1 , or a person's aiding,
abetting, counselling or procuring, is an offence under section 42 by reason of section 43,
45, 46 or 47; and
(b) the act to which it relates (“the contemplated act”) is not an act that is (or that if done
would have been) punishable by the law of England and Wales.
(2) For the following purposes it shall be assumed that the contemplated act amounted to the offence
under the law of England and Wales that it would have amounted to if it had been the equivalent
act in England or Wales.
(3) Those purposes are–
(a) the purpose of determining what punishment may be imposed for the offence under
section 42;
(b) the purpose of determining for the purposes of any of the following provisions of this
Act whether the act constituting the offence under section 42, or the equivalent act done in
England or Wales, is or would be–
(i) an offence under the law of England and Wales;
(ii) any particular such offence;
(iii) such an offence of any particular description.
Notes
1
Word substituted by Serious Crime Act 2007 c. 27 Sch.5 para.12 (October 31, 2009: substitution came into force
on October 1, 2008 but could not take effect until the commencement of 2006 c.52 s.48(1)(a) on October 31, 2010)
Amendments Pending
Commencement
Pt 1 s. 48(1)-(3)(b)(iii): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Pt 1 s. 48(1)-(3)(b)(iii): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend
Law In Force
49 Air Navigation Order offences

(1) If a person subject to service law, or a civilian subject to service discipline, does in or in relation
to a military aircraft any act that if done in or in relation to a civil aircraft would amount to a
prescribed Air Navigation Order offence, the act shall be treated for the purposes of section 42(1)
as punishable by the law of England and Wales.
(2) Where an act is an offence under section 42 by reason of subsection (1) above–
(a) section 42(8)(b) does not apply; and
(b) it shall be assumed for the following purposes that the act amounted to the offence
under the law of England and Wales that it would have amounted to if it had been done in
or in relation to a civil aircraft.
(3) Those purposes are–
(a) the purpose of determining what punishment may be imposed for the offence under
section 42;
(b) the purpose of determining for the purposes of any of the following provisions of this
Act whether the act constituting the offence under section 42 is–
(i) an offence under the law of England and Wales;
(ii) any particular such offence;
(iii) such an offence of any particular description.
“military aircraft”has the meaning given by section 92 of the Civil Aviation Act 1982 (c.
16);
“civil aircraft” means an aircraft that is registered in the United Kingdom and is not a military
aircraft;
“Air Navigation Order offence” means an offence under an Order in Council made under
section 60 of the Civil Aviation Act 1982 (whenever made, and whether or not also made
under any other enactment);
“prescribed” means prescribed by an order made by the Secretary of State for the purposes
of this section.
Amendments Pending
Commencement
Pt 1 s. 49(1)-(4) definition of "prescribed": October 31, 2009 (SI 2009/1167 art. 4)
Extent
Pt 1 s. 49(1)-(4) definition of "prescribed": United Kingdom (extends to the Isle of Man and the British overseas
territories and may extend to the any of the Channel Islands as specified by Orders in Council made under this Act)
PART 2
JURISDICTION AND TIME LIMITS
CHAPTER 1
JURISDICTION
Court Martial
Law In Force
50 Jurisdiction of the Court Martial

(1) The Court Martial has jurisdiction to try any service offence.
(2) In this Act “service offence” means–
(a) any offence under Part 1;
[ (aa) an offence under section 93A, 93E or 93G (testing for alcohol or drugs on
suspicion); ] 1
(b) an offence under section 107 (breach of requirement imposed on release from custody);
(c) an offence under section 229 (breach of service restraining order);
(d) an offence under section 266 (failure to comply with financial statement order);
[ (e) an offence under section 305 (random drug testing); ] 2
(f) any offence under regulations under section 328 (false answer during enlistment in a
regular force) or section 343 (service inquiries) that the regulations provide is a service
offence;
[ (fa) an offence under paragraph 2, 3 or 4 of Schedule 2A (offences committed by a lay

member of the Court Martial);
(fb) an offence under paragraph 5 of that Schedule (disclosing information about members'
deliberations etc) committed by a person described in sub-paragraph (2) of that paragraph; ] 3
(g) an offence under section 18 or 20 of the Armed Forces Act 1991 (c. 62) (orders for the
protection of children);
(h) an offence under any of sections 95 to 97 of the Reserve Forces Act 1996 (c. 14) (reserve
forces offences); or
(i) an offence under paragraph 5(1) of Schedule 1 to that Act (false answer during enlistment
in a reserve force) committed by a person within paragraph 5(3) of that Schedule.
Notes
1
Added by Armed Forces Act 2011 c. 18 Sch.4 para.3(2) (November 1, 2013)
2
Substituted by Armed Forces Act 2011 c. 18 Sch.4 para.3(4) (November 1, 2013)
3
Added by Criminal Justice and Courts Act 2015 c. 2 Sch.14(2) para.5 (April 13, 2015)
Amendments Pending
Pt 2 c. 1 s. 50: repealed by Armed Forces Act 2006 c. 52 Pt 19 c. 4 s. 382 (November 2, 2016: repeal originally came
Pt 2 c. 1 s. 50(2)(ca): added by Armed Forces Act 2011 c. 18 Sch. 4 para. 3(3) (date to be appointed)
Commencement
Pt 2 c. 1 s. 50(1)-(2)(i): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Pt 2 c. 1 s. 50(1)-(2)(a), (2)(b)-(2)(f), (2)(g)-(2)(i): United Kingdom (extends to the Isle of Man and the British overseas
Pt 2 c. 1 s. 50(2)(aa), (2)(fa)-(2)(fb): United Kingdom
Service Civilian Court
Law In Force
51 Jurisdiction of the Service Civilian Court

(1) The Service Civilian Court has jurisdiction to try any service offence committed outside the
British Islands by a civilian, except an offence within subsection (3) or an offence in relation to
which subsection (6) applies.
(2) For the purposes of subsection (1) an offence is committed by a civilian if it is committed by a
person who, at the time when it is committed, is a civilian subject to service discipline.
(3) The offences within this subsection are–
(a) an indictable-only offence under section 42;

(b) an offence under section 266 committed in respect of a financial statement order made
by a court other than the Service Civilian Court;
(c) any service offence under regulations under section 328 or 343;
[ (ca) an offence under paragraph 2, 3, 4 or 5 of Schedule 2A (offences relating to members
of the Court Martial); ] 1
(d) an offence within section 50(2)(h) or (i) (Reserve Forces Act offences).
(4) For the purposes of subsection (3)(a) an offence under section 42 is “indictableonly” if the
corresponding offence under the law of England and Wales is under that law an offence which, if
committed by an adult, is triable only on indictment; but this is subject to subsection (5).
(5) Where the defendant is aged under 18 at the time a decision under section 279 is made, an
offence under section 42 is “indictable-only” for the purposes of subsection (3)(a) above if (and
only if)–
(a) the corresponding offence under the law of England and Wales is murder, manslaughter
or an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (c.
28) [ of causing or allowing the death of a child or vulnerable adult ] 2 ; or
(b) section 227 (firearms offences) would apply if the accused were convicted by the Court
Martial of the offence under section 42.
(6) This subsection applies in relation to an offence if the defendant is for the time being–
(a) a member of the regular or reserve forces; or
(b) liable to recall.
(7) For the purposes of subsection (6) a person is “liable to recall” if–
(a) under section 65(1) of the Reserve Forces Act 1996 (c. 14) he is liable to be recalled
for service; or
(b) he is liable to be recalled as mentioned in section 35(1) of the Reserve Forces Act 1980
(c. 9).
Notes
1
2
Words substituted by Domestic Violence, Crime and Victims (Amendment) Act 2012 c. 4 Sch.1 para.11 (July 2,
2012)
Amendments Pending
Commencement
Pt 2 c. 1 s. 51(1)-(7)(b): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Pt 2 c. 1 s. 51(1)-(3)(c), (3)(d)-(7)(b): United Kingdom (extends to the Isle of Man and the British overseas territories
and may extend to the any of the Channel Islands as specified by Orders in Council made under this Act)
Pt 2 c. 1 s. 51(3)(ca): United Kingdom
Commanding officers
Law In Force
52 Charges capable of being heard summarily

(1) A charge against a person (“the accused”) in respect of an offence is capable of being heard
summarily if (and only if) conditions A to C are met.
(2) Condition A is that the offence is one that may be dealt with at a summary hearing (see section
53).
(3) Condition B is that the accused is–
(a) an officer of or below the rank of commander, lieutenant-colonel or wing commander;
or
(b) a person of or below the rank or rate of warrant officer.
(4) Condition C is (subject to subsections (5) and (6)) that the accused is–
(a) subject to service law,
(b) a member of a volunteer reserve force, or
(c) a member of an ex-regular reserve force who is subject to an additional duties
commitment,
from the time the offence is committed to the end of the summary hearing of the charge.
(5) If the offence is one under section 96(1) of the Reserve Forces Act 1996 (c. 14) committed by
virtue of section 96(2) of that Act, condition C is that the accused is–
(a) liable to recall, or
(b) a member of the regular forces,
from the time the offence is committed to the end of the summary hearing of the charge.
(6) If the offence is any other Reserve Forces Act offence, condition C is that the accused is a
member of a reserve force from the time the offence is committed to the end of the summary hearing
of the charge.
(a) a person is “liable to recall” if–
(i) under section 65(1) of the Reserve Forces Act 1996 he is liable to be recalled
for service; or
(ii) he is liable to be recalled as mentioned in section 35(1) of the Reserve Forces
Act 1980 (c. 9);
(b) “Reserve Forces Act offence” means an offence within section 53(1)(k).
(8) Where at any time it falls to a person to determine for the purposes of any provision of this Act
whether a charge is or would be capable of being heard summarily, the references in subsections
(4) to (6) to the end of the summary hearing of the charge are to be read as references to that time.
Amendments Pending
Commencement
Pt 2 c. 1 s. 52(1)-(8): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Pt 2 c. 1 s. 52(1)-(8): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend
Law In Force
53 Offences that may be dealt with at a summary hearing

(1) The following service offences may be dealt with at a summary hearing–
(a) an offence under section 4(3);
(b) an offence under any of sections 9 to 15;
(c) an offence under section 16(1)(a), or an offence under section 16(1)(c) committed by
omission;
(d) an offence under any of sections 17 to 29;
(e) an offence under section 30(1) of negligently doing an act that results in a person's
escape, or an offence under section 30(2);
(f) an offence under any of sections 34 to 36;
(g) an offence under section 42 (criminal conduct) within subsection (3);
[ (ga) an offence under section 93A, 93E or 93G (testing for alcohol or drugs on
suspicion); ] 1
(h) an offence under section 107;
[ (i) an offence under section 305 (random drug testing); ] 2
(j) any service offence under regulations under section 328 or 343;
(k) an offence under section 96 or 97 of the Reserve Forces Act 1996 of absence without
leave.
(2) Any reference in a paragraph of subsection (1), except paragraph (g), to an offence includes an
offence under section 39 of attempting to commit that offence.
(3) An offence under section 42 is within this subsection if the corresponding offence under the
law of England and Wales is–
(a) an offence listed in either Part of Schedule 1 (criminal conduct offences that may be
dealt with at a summary hearing); or
(b) an offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to
commit an (indictable) offence so listed.
(4) The Secretary of State may by order amend Schedule 1.
Notes
1
2
Substituted by Armed Forces Act 2011 c. 18 Sch.4 para.4(3) (November 1, 2013)
Amendments Pending
Commencement
Pt 2 c. 1 s. 53(4): March 28, 2009 for the purpose of enabling the Secretary of State to make orders, regulations and
rules; October 31, 2009 otherwise (SI 2009/812 art. 3(a)(ii); SI 2009/1167 art. 4)
Extent
Pt 2 c. 1 s. 53(1)-(1)(g), (1)(h)-(4): United Kingdom (extends to the Isle of Man and the British overseas territories
Pt 2 c. 1 s. 53(1)(ga): United Kingdom
Law In Force
54 Charges which may be heard summarily only with permission or by senior officer
(1) An officer may not hear summarily a charge in respect of an offence within subsection (2)
unless–
(a) he has obtained the permission of higher authority; or
(b) he is of or above the rank of rear admiral, major-general or air vicemarshal.
(2) An offence is within this subsection if it is an offence under section 42 as respects which the
corresponding offence under the law of England and Wales is–
(a) an offence listed in Part 2 of Schedule 1; or
(b) an offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit
an (indictable) offence so listed.
Amendments Pending
Commencement
Extent
Pt 2 c. 1 s. 54(1)-(2)(b): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend
CHAPTER 2
TIME LIMITS FOR COMMENCING PROCEEDINGS
Time limits for offences other than Reserve Forces Act offences
Law In Force
55 Time limit for charging former member of a regular or reserve force

(1) This section applies where a person ceases to be a member of a regular or reserve force.
(2) The person may not, after the end of six months beginning with the date he ceased to be a
member of that force, be charged with a service offence committed while he was a member.
(3) Subsection (2) applies even if the person rejoins the force within those six months.
Amendments Pending
Commencement
Extent
Law In Force
56 Time limit for charging certain members or former members of ex-regular reserve forces
(a) a person, while a member of an ex-regular reserve force, has been subject to an additional
duties commitment; and
(b) the person ceases to be subject to the commitment.
(2) The person may not, after the end of six months beginning with the date he ceased to be subject
to the commitment, be charged with a service offence committed while he was so subject.
Amendments Pending
Commencement
Extent
Law In Force
57 Time limit for charging person formerly subject to service law

(1) This section applies where a person ceases to be subject to service law.
(2) The person may not, after the end of six months beginning with the date he ceased to be subject
to service law, be charged with a service offence committed while he was so subject.
(3) Subsection (2) applies even if the person (again) becomes subject to service law within those
six months.
(4) Subsection (2) does not apply in relation to an offence committed by a person when he was–
(a) a member of a volunteer reserve force; or
(b) a member of an ex-regular reserve force who was subject to an additional duties
commitment.
Amendments Pending
Commencement
Extent
Law In Force
58 Time limit for charging civilian formerly subject to service discipline

(1) Subsection (2) applies in any case where a person ceases to be a civilian subject to service
discipline, except a case where at the time he does so he becomes subject to service law.
(2) Where this subsection applies–
(a) the person may not, after the end of six months beginning with the date he ceased to be
a civilian subject to service discipline, be charged with a service offence committed while
he was such a civilian; and
(b) this applies even if he (again) becomes such a civilian within those six months.
(3) Where a person ceases to be a civilian subject to service discipline and at the time he does so
becomes subject to service law, section 57 has effect as if–
(a) the reference in subsection (2) to a service offence committed while the person was
subject to service law included a service offence committed during the relevant period; and
(b) the reference in subsection (3) to becoming subject to service law included becoming
a civilian subject to service discipline.
(4) In subsection (3)(a) above “the relevant period” means the period while the person was a civilian
subject to service discipline that ended with his becoming subject to service law.
(5) Subsection (6) applies to a person–
(a) who ceases to be a civilian subject to service discipline by reason only of–
(i) leaving an area designated for the purposes of Schedule 15;
[ (ia) leaving a country in which he fell within paragraph 5 of that Schedule; ] 1
(ii) entering the British Islands; or
(iii) leaving an area which a designation under paragraph 7 of Schedule 15 specifies
as an area that he must be in for the designation to apply to him; and
(b) who is residing or staying in a qualifying place at the time he does so.
(6) As regards that time, and for so long after that time as he continues–
(a) to reside or stay in a qualifying place, and
(b) to be a person who is not a civilian subject to service discipline but who would be such
a civilian if he were in a qualifying place,
he is to be treated for the purposes of this section (apart from subsection (5)) as being such a civilian.
(7) In subsections (5) and (6) “in a qualifying place” means–
(a) in relation to a person who falls within subsection (5)(a) by reason of leaving an area
designated for the purposes of Schedule 15, in any such area;
[ (aa) in relation to a person who falls within subsection (5)(a) by reason of leaving a country
in which he fell within paragraph 5 of that Schedule, in that country or any other country
in which he falls within that paragraph; ] 2
(b) in relation to a person who falls within subsection (5)(a) by reason of entering the British
Islands, outside the British Islands;
(c) in relation to a person who falls within subsection (5)(a) by reason of leaving an area
mentioned in subsection (5)(a)(iii), in that area.
[ (8) In subsections (5)(a)(ia) and (7)(aa) “country” is to be read in accordance with paragraph 14
of Schedule 15. ] 3
Notes
1
Added by Armed Forces Act 2011 c. 18 Sch.4 para.5(a) (December 14, 2012)
2
Added by Armed Forces Act 2011 c. 18 Sch.4 para.5(b) (December 14, 2012)
3
Added by Armed Forces Act 2011 c. 18 Sch.4 para.5(c) (December 14, 2012)
Amendments Pending
Commencement
Pt 2 c. 2 s. 58(1)-(7)(c): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Pt 2 c. 2 s. 58(1)-(5)(a)(i), (5)(a)(ii)-(7)(a), (7)(b)-(7)(c): United Kingdom (extends to the Isle of Man and the British
overseas territories and may extend to the any of the Channel Islands as specified by Orders in Council made under
this Act)
Pt 2 c. 2 s. 58(5)(a)(ia), (7)(aa), (8): United Kingdom
Law In Force
59 Time limit for charging offence under section 107

(1) A person may not be charged with an offence under section 107 (breach of requirement imposed
on release from custody) after the end of whichever of the following periods ends last–
(a) six months beginning with the date of commission of the offence;
(b) two months beginning with the date the person is apprehended.
(2) Where subsection (1) prohibits the charging of a person with an offence, the power under section
123(2)(c) or 125(2)(c) may not be exercised so as to charge that person with that offence.
Amendments Pending
Commencement
Extent
Law In Force
60 Time limit for charging offence under section 266

A person may not be charged with an offence under section 266 (failure to comply with financial
statement order) after the end of whichever of the following periods ends first–
(a) two years beginning with the date of commission of the offence;
(b) six months beginning with the date the offence becomes known to a member of the
Service Prosecuting Authority.
Amendments Pending
Commencement
Pt 2 c. 2 s. 60(a)-(b): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Pt 2 c. 2 s. 60(a)-(b): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend
Law In Force
61 Sections 55 to 60: exceptions and interpretation

(1) References in sections 55 to 60 and this section to charging (except the second such reference
in section 59(2)) are to charging under section 120 or 122.
(2) Where any of sections 55 to 58 prohibits the charging of a person with an offence, the person
may be charged with the offence if the Attorney General consents.
(3) Each of sections 55 to 60 is without prejudice to the rest of those sections.
(4) Nothing in those sections applies in relation to a Reserve Forces Act offence (as defined by
section 62).
Amendments Pending
Commencement
Extent
Time limit for Reserve Forces Act offences
Law In Force
62 Time limit for charging Reserve Forces Act offences

(1) A person may not be charged with a Reserve Forces Act offence after the end of whichever of
the following periods ends last–
(a) six months beginning with the date of commission of the offence;
(b) two months beginning with the date the offence becomes known to the person's
commanding officer;
(c) two months beginning with the date the person is apprehended;
(d) if the offence was committed when the person was a relevant reservist, six months
beginning with the date he ceases to be a relevant reservist.
(2) If–
(a) the offence was committed when the person was a relevant reservist, and
(b) he ceases to be a relevant reservist after committing it,
the period in subsection (1)(d) is not extended by his (again) becoming a relevant reservist within
the six months beginning with the date he so ceased.
(a) the reference in subsection (1) to charging is to charging under section 120 or 122;
(b) “Reserve Forces Act offence” means an offence within section 50(2)(h) or (i);
(c) “relevant reservist” means–
(i) a member of a volunteer reserve force; or
(ii) a member of an ex-regular reserve force who is in full-time service or subject
to an additional duties commitment;
(d) “in full-time service” means in such service under a commitment entered into under
section 24 of the Reserve Forces Act 1996 (c. 14).
(4) Where subsection (1) prohibits the charging (as defined by subsection (3)(a)) of a person with
an offence, the power under section 123(2)(c) or 125(2)(c) may not be exercised so as to charge
that person with that offence.
Amendments Pending
Commencement
Extent
CHAPTER 3
DOUBLE JEOPARDY
Law In Force
63 Service proceedings barring subsequent service proceedings

(1) This section applies where a person–
(a) has been convicted or acquitted of a service offence; or
(b) has had a service offence taken into consideration when being sentenced;
and in this section “offence A” means the offence mentioned in paragraph (a) or (b).
(2) The Court Martial may not try that person for an offence (“offence B”) if–
(a) offence B is the same offence in law as offence A, or subsection (3) applies; and
(b) the alleged facts on which the charge in respect of offence B is based are the same, or
substantially the same, as those on which the charge in respect of offence A was based.
(3) This subsection applies if–
(a) the person was convicted of offence A, or offence A was taken into consideration, and
offence B is an offence all of whose elements are elements of offence A;
(b) the person was acquitted of offence A and offence B is an offence whose elements
include all the elements of offence A; or
(c) the person was convicted or acquitted of offence A by the Court Martial or the Service
Civilian Court and offence B is an offence of which under section 161 (alternative offences)
he could have been convicted on acquittal of offence A.
(4) Where offence A is an offence taken into consideration which was not charged, the reference
in subsection (2)(b) to the facts on which the charge in respect of offence A was based is to be read
as a reference to the facts on which a charge in respect of offence A would have been based.
(5) Where by reason of this section a person cannot be tried by the Court Martial for an offence–
(a) the Service Civilian Court may not try him for that offence; and
(b) a charge against him in respect of that offence may not be heard summarily by an officer.
Amendments Pending
Commencement
Extent
Law In Force
64 Service proceedings barring subsequent civilian proceedings

(1) This section applies where a person–
(a) has been convicted or acquitted of an offence under section 42 (criminal conduct); or
(b) has had such an offence taken into consideration when being sentenced.
(2) A civilian court in a relevant territory may not try that person for any offence for which, under
the law of that territory, it would be debarred from trying him if he had been convicted or (as the
case may be) acquitted by a court in England and Wales of the relevant offence.
(3) “The relevant offence” means the offence under the law of England and Wales which the act
(or alleged act) constituting the offence under section 42 amounted to.
(4) Where that act (or alleged act) would amount to an offence under the law of England and Wales
if it had been done in England or Wales, for the purposes of subsection (3) it shall be assumed to
amount to that offence.
(5) In this section “relevant territory” means–
(a) England and Wales;
(b) Scotland;
(c) Northern Ireland; or
(d) the Isle of Man.
accordingly.
Amendments Pending
Commencement
Extent
Law In Force
65 Sections 63 and 64: supplementary

(1) If a direction under section 127(1) or (2) has been made in relation to an offence, the person to
whom the direction relates shall be treated–
(a) for the purposes of section 63, and
(b) in the case of a direction under section 127(2), for the purposes of section 64, as if he
had been acquitted of the offence.
(2) The reference in subsection (1)(a) above to section 63 does not include subsection (3)(c) of that
section.
(3) For the purposes of sections 63 and 64 a person shall be taken not to have had an offence taken
into consideration when being sentenced if the sentence has been quashed.
Amendments Pending
Commencement
Extent
Law In Force
66 Civilian proceedings barring subsequent service proceedings

(1) The Court Martial may not try a person for an offence under section 42 (criminal conduct) if
the act constituting the offence amounts to an offence under the law of England and Wales for
which a civilian court in England and Wales would on the ground of autrefois acquit or autrefois
convict be debarred from trying him.
(2) The Court Martial may not try a person for a non-criminal service offence (that is, a service
offence not under section 42) if–
(a) any act constituting an element of the offence amounts to an offence under the law of
England and Wales (“offence X”); and
(b) a civilian court in England and Wales would on the ground of autrefois acquit be
debarred from trying the person for offence X.
(3) Where an act constituting–
(a) an offence under section 42, or
(b) an element of a non-criminal service offence,
would amount to an offence under the law of England and Wales if it had been done in England
or Wales, it shall be assumed for the purposes of subsection (1) or (2) to amount to that offence.
(4) Where a civilian court (anywhere) has taken an offence into consideration in sentencing a person
and the sentence has not been quashed, the person shall be treated for the purposes of subsection
(1) as having been convicted by that court of that offence.
(5) Where by reason of this section a person cannot be tried by the Court Martial for an offence–
(a) the Service Civilian Court may not try him for that offence; and
(b) a charge against him in respect of that offence may not be heard summarily by an officer.
(6) This section does not apply in any case where the question whether a person can be tried for
an offence (or dealt with summarily for it) is determined by section 63.
accordingly.
Amendments Pending
Commencement
Extent
PART 3
POWERS OF ARREST, SEARCH AND ENTRY
CHAPTER 1
ARREST ETC
Powers of arrest
Law In Force
67 Power of arrest for service offence

(1) A person who is reasonably suspected of being engaged in committing, or of having committed,
a service offence may be arrested in accordance with subsection (2), (3), (4) or (5) by a person
subject to service law.
(2) An officer may be arrested under subsection (1)–
(a) by an officer of superior rank or, if engaged in a mutiny, quarrel or disorder, by an
officer of any rank;
(b) by a service policeman; or
[ (c) by a person who is lawfully exercising authority on behalf of a provost officer, and
who—
(i) is an officer; or
(ii) is acting on the order of an officer.
1
]
(3) A person of or below the rank or rate of warrant officer may be arrested under subsection (1)–
(a) by an officer;
(b) by a warrant officer or non-commissioned officer of superior rank or rate;
(c) by a service policeman;
(d) by a person who is lawfully exercising authority on behalf of a provost officer; or
(e) if a member of a ship's company or an embarked force, by a person exercising authority
as a member of the staff of the officer of the day.
(4) A civilian subject to service discipline may be arrested under subsection (1)–
(a) by an officer;
(b) by a service policeman; or
(c) by a person who is lawfully exercising authority on behalf of a provost officer.
(5) Where none of subsections (2) to (4) applies in relation to the person to be arrested, that person
may be arrested under subsection (1) by a service policeman.
(6) The power of arrest conferred on any person by this section may be exercised–
(a) personally;
(b) by giving orders for the arrest of the person who is to be arrested; or
(c) where that person is subject to service law, by ordering him into arrest.
Notes
1
Substituted by Armed Forces Act 2011 c. 18 Sch.3 para.2 (April 2, 2012)
Amendments Pending
Commencement
Extent
Pt 3 c. 1 s. 67(1)-(2)(c), (3)-(6)(c): United Kingdom (extends to the Isle of Man and the British overseas territories and
may extend to the any of the Channel Islands as specified by Orders in Council made under this Act)
Pt 3 c. 1 s. 67(2)(c)(i)-(2)(c)(ii): United Kingdom
Law In Force
68 Section 67: supplementary

(1) In section 67(2)(a) the reference to being engaged in a mutiny is a reference to committing an
offence under section 6.
(2) For the purposes of section 67(3), a person who–
(a) is suspected of having committed a service offence while a member of Her Majesty's
forces, and
(b) is not a member of Her Majesty's forces or a civilian subject to service discipline,
is to be treated in relation to the offence as being of the rank or rate which he held when he was
last a member of Her Majesty's forces.
(3) For the purposes of section 67(4), a person who–
(a) is suspected of having committed a service offence while a civilian subject to service
discipline, and
(b) is not a member of Her Majesty's forces or a civilian subject to service discipline,
is to be treated in relation to the offence as if he were a civilian subject to service discipline.
(4) Where a person may be charged (within the meaning of section 61(1)) with an offence only
with the consent of the Attorney General (see section 61(2)), section 67(1) has effect in relation to
the offence as if for the words from “in accordance with” to the end there were substituted “by a
service policeman” (and as if section 67(2) to (5) were omitted).
Amendments Pending
Commencement
Extent
Law In Force
69 Power of arrest in anticipation of commission of service offence

(1) A service policeman may arrest a person whom he reasonably suspects of being about to commit
a service offence.
(2) Subsection (6) of section 67 applies in relation to the power of arrest conferred by this section
as it applies in relation to the power of arrest conferred by that section.
(3) Where a person is arrested under this section–
(a) the arrest must be reported as soon as practicable to his commanding officer; and
(b) he may be kept in service custody until such time as a service policeman is satisfied
that the risk of his committing the service offence concerned has passed.
Amendments Pending
Commencement
Extent
Search on arrest
Law In Force
70 Search by service policeman upon arrest

(1) A service policeman may search an arrested person if he has reasonable grounds for believing
that the arrested person may present a danger to himself or others.
(2) A service policeman may search an arrested person for anything that is subject to search if he
has reasonable grounds for believing that the arrested person may have any such thing concealed
on him.
(3) For the purposes of this section a thing is “subject to search” if–
(a) the arrested person might use it to assist him to escape from service custody; or
(b) in the case of an arrest under section 67 or 69, it might be evidence relating to a service
offence.
(4) References in this section to an arrested person are to a person arrested under section 67, 69,
110, 111 or 303.
Amendments Pending
Commencement
Extent
Law In Force
71 Search by other persons upon arrest

(1) A person (other than a service policeman) who is exercising a power of arrest may search the
arrested person if he has reasonable grounds for believing that the arrested person may present a
danger to himself or others.
(2) Subsection (4) (power to search arrested person for things subject to search) applies where–
(a) a person (“the arrested person”) is to be or has been arrested by a person other than a
service policeman; and
(b) the commanding officer of the arrested person has reasonable grounds for believing
that it is likely that that person would–
(i) escape from service custody, or
(ii) conceal, damage, alter or destroy evidence,
if a search for things subject to search could not be carried out before the earliest time by
which it would be practicable to obtain the assistance mentioned in subsection (3).
(3) That assistance is–
(a) the assistance of a service policeman; or
(b) in a case where corresponding powers conferred by section 32(2)(a) of PACE or any
other enactment are exercisable by a member of a UK police force, the assistance of a
member of such a force who is capable of exercising those corresponding powers.
(4) Where this subsection applies, the commanding officer of the arrested person may order or
authorise the person exercising the power of arrest to search the arrested person, on or after exercising
the power, for anything that is subject to search.
(5) A commanding officer may give an order under subsection (4) only if he has reasonable grounds
for believing that the arrested person may have concealed on him anything that is subject to search.
(6) A person authorised under subsection (4) may exercise the power of search conferred by that
subsection only if he has reasonable grounds for believing that the arrested person may have
concealed on him anything that is subject to search.
(7) Section 70(3) (meaning of things “subject to search”) applies for the purposes of this section.
(8) References in this section to arrest are to arrest under section 67, 110 or 111, and related
expressions in this section are to be read accordingly.
(9) The Defence Council may by regulations provide for the delegation by a commanding officer
of his functions under this section.
Amendments Pending
Commencement
Pt 3 c. 1 s. 71(9): March 28, 2009 for the purpose of enabling the Defence Council to make regulations; October 31,
2009 otherwise (SI 2009/812 art. 3(a)(i); SI 2009/1167 art. 4)
Extent
Law In Force
72 Sections 70 and 71: supplementary

(1) A person exercising the power conferred by section 70(2), or ordered or authorised under section
71(4), may search the arrested person only to the extent that is reasonably required for the purpose
of discovering anything that is subject to search (within the meaning of those sections).
(2) Nothing in section 70 or 71 authorises anyone to require an arrested person to remove any of
his clothing in public other than an outer coat, jacket, headgear or gloves.
(3) The reference in subsection (2) to headgear does not include headgear worn for religious reasons.
(4) Any power of search conferred by section 70 or 71 authorises the search of the arrested person's
mouth.
Amendments Pending
Commencement
Extent
Law In Force
73 Seizure and retention after search upon arrest

(1) A person exercising the power conferred by section 70(1) or 71(1) may seize and retain anything
he finds, if he has reasonable grounds for believing that the person searched might use it to cause
physical injury to himself or to any other person.
(2) A person exercising the power conferred by section 70(2), or ordered or authorised under section
71(4), may seize and retain anything he finds, other than an item subject to legal privilege, if he
has reasonable grounds for believing–
(a) that the person searched might use it to assist him to escape from service custody; or
(b) in the case of an arrest under section 67 or 69, that it is evidence of a service offence
or has been obtained in consequence of the commission of a service offence.
(3) In subsection (2) “item subject to legal privilege”has the meaning given by section 10 of PACE.
Amendments Pending
Commencement
Extent
Law In Force
74 Power to make provision conferring power to search premises at which person arrested
The Secretary of State may by order make provision, in relation to premises in which a person was
when or immediately before he was arrested under section 67, which is equivalent to that made by
any of the provisions of section 32 of PACE which relate to the power to enter and search premises,
subject to such modifications as the Secretary of State considers appropriate.
Amendments Pending
Commencement
Pt 3 c. 1 s. 74: March 28, 2009 for the purpose of enabling the Secretary of State to make orders, regulations and rules;
October 31, 2009 otherwise (SI 2009/812 art. 3(a)(ii); SI 2009/1167 art. 4)
Extent
Pt 3 c. 1 s. 74: United Kingdom (extends to the Isle of Man and the British overseas territories and may extend to the
CHAPTER 2
STOP AND SEARCH
Law In Force
75 Power of service policeman to stop and search persons, vehicles etc

(1) A service policeman may, in the circumstances mentioned in subsection (2) and in a place
permitted by section 78, search any of the following for stolen or prohibited articles, controlled
drugs or Her Majesty's stores–
(a) any person who is, or whom the service policeman has reasonable grounds for believing
to be, a person subject to service law or a civilian subject to service discipline;
(b) a service vehicle which is in the charge of any person;
(c) any vehicle which is, or which the service policeman has reasonable grounds for believing
to be, in the charge of a person subject to service law or a civilian subject to service
discipline;
(d) anything which is in or on a service vehicle or a vehicle within paragraph (c).
(2) The circumstances are that the service policeman has reasonable grounds for suspecting–
(a) that the search will reveal stolen or prohibited articles;
(b) that the search will reveal Her Majesty's stores that have been unlawfully obtained;
(c) in the case of the search of a person, that the person is in possession of a controlled
drug in circumstances in which he commits an offence under section 42 as respects which
the corresponding offence under the law of England and Wales is an offence under the
Misuse of Drugs Act 1971 (c. 38); or
(d) in the case of the search of a vehicle, that the search will reveal a controlled drug that
is in a person's possession in such circumstances.
(3) A service policeman may detain for the purposes of a search under subsection (1)–
(a) any person who is, or whom the service policeman has reasonable grounds for believing
to be, a person subject to service law or a civilian subject to service discipline;
(b) any person in charge of a service vehicle;

(c) any service vehicle; and
(d) any vehicle within subsection (1)(c).
(4) A service policeman may seize any article that he discovers in the course of a search under
subsection (1) and that he has reasonable grounds for suspecting to be–
(a) a stolen or prohibited article;
(b) evidence of an offence under section 42 as respects which the corresponding offence
under the law of England and Wales is an offence under the Misuse of Drugs Act 1971; or
(c) any of Her Majesty's stores that have been unlawfully obtained.
Amendments Pending
Proposed Bill Amendments

Pt 3 c. 2 s. 75(1): words inserted by Psychoactive Substances Bill 2015 (HC Bill 88) Sch. 5 para. 7(2)(a) (date to be
appointed)
Pt 3 c. 2 s. 75(2)(c): substituted by Psychoactive Substances Bill 2015 (HC Bill 88) Sch. 5 para. 7(2)(b) (date to be
appointed)
Pt 3 c. 2 s. 75(2)(d): substituted by Psychoactive Substances Bill 2015 (HC Bill 88) Sch. 5 para. 7(2)(b) (date to be
appointed)
Pt 3 c. 2 s. 75(4)(ba): added by Psychoactive Substances Bill 2015 (HC Bill 88) Sch. 5 para. 7(2)(c) (date to be
appointed)
Commencement
Extent
Pt 3 c. 2 s. 75(1)-(4)(c): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend
Law In Force
76 Stop and search by persons other than service policemen

(1) An officer may order or authorise a person subject to service law (other than a service
policeman)–
(a) to search, in a place permitted by section 78–
(i) a person within subsection (2),
(ii) a vehicle in the charge of such a person, or
(iii) anything which is in or on such a vehicle,
for stolen or prohibited articles, controlled drugs or Her Majesty's stores;
(b) to detain such a person or vehicle for the purposes of such a search; and
(c) to seize any article that he discovers in the course of such a search and that he has
reasonable grounds for suspecting to be an article within section 75(4)(a) to (c);
but this is subject to subsections (3) to (7).
(a) a person subject to service law whose commanding officer is the officer mentioned in
subsection (1);
(b) a civilian subject to service discipline whose commanding officer is that officer;
(c) a person whom–
(i) that officer (in the case of an order under subsection (1)), or
(ii) the authorised person (in the case of an authorisation under that subsection),
has reasonable grounds for believing to be a person within paragraph (a) or (b).
(3) An order under subsection (1) may be given only in relation to a particular person or vehicle.
(4) An officer may give an order under subsection (1) only in the circumstances mentioned in
section 75(2) (references to the service policeman being read as references to the officer).
(5) A person authorised under subsection (1) may exercise the power of search conferred by virtue
of that subsection only in the circumstances mentioned in section 75(2) (references to the service
policeman being read as references to the authorised person).
(6) An officer may give an order or authorisation under subsection (1) only if he has reasonable
grounds for believing that it is likely that–
(a) an offence under section 42 would be committed, or
(b) a person who has committed such an offence would avoid apprehension,
if the powers conferred by this section could not be exercised before the earliest time by which it
would be practicable to obtain the assistance mentioned in subsection (7).
(a) the assistance of a service policeman; or
(b) in a case where corresponding powers conferred by section 1 of PACE or any other
enactment are exercisable by a member of a UK police force, the assistance of a member
of such a force who is capable of exercising those corresponding powers.
Amendments Pending

Pt 3 c. 2 s. 76(1)(a): words inserted by Psychoactive Substances Bill 2015 (HC Bill 88) Sch. 5 para. 7(3) (date to be
appointed)
Commencement
Extent
Law In Force
77 Sections 75 and 76: definitions

(1) Subsections (2) to (6) apply for the purposes of sections 75 and 76.
(2) “Controlled drug”has the meaning given by section 2 of the Misuse of Drugs Act 1971 (c. 38).
(3) “Her Majesty's stores”has the same meaning as in the Public Stores Act 1875 (c. 25).
(4) “Prohibited article” means–
(a) an offensive weapon, other than one in the possession of a person who is permitted to
have it in his possession for the purposes of any of Her Majesty's forces;
(b) an article made or adapted for use in the course of or in connection with an offence
under section 42 as respects which the corresponding offence under the law of England and
Wales is an offence mentioned in subsection (8); or
(c) an article intended by the person having it with him for such use by him or by some
other person.
(5) “Service vehicle” means a vehicle which–
(a) belongs to any of Her Majesty's forces; or
(b) is in use for the purposes of any of those forces.
(6) “Stolen”, in relation to an article, has the same meaning as it has by virtue of section 24 of the
Theft Act 1968 (c. 60) in the provisions of that Act relating to goods which have been stolen.
(7) In subsection (4)(a) “offensive weapon” means any article–
(a) made or adapted for use for causing injury to persons; or
(b) intended by the person having it with him for such use by him or by some other person.
(8) The offences referred to in subsection (4)(b) are–
(a) an offence under section 1 of the Theft Act 1968 (theft);
(b) an offence under section 9 of that Act (burglary);
(c) an offence under section 12 of that Act (taking vehicle etc without consent);
(d) an offence under section 1 of the Criminal Damage Act 1971 (c. 48) (destroying or
damaging property);
(e) an offence under section 1 of the Fraud Act 2006 (fraud).
(9) The reference in subsection (4)(b) to an offence under section 42 includes an act or omission
which would constitute such an offence if done or made by a person subject to service law.
Amendments Pending

Pt 3 c. 2 s. 77(4A): added by Psychoactive Substances Bill 2015 (HC Bill 88) Sch. 5 para. 7(4) (date to be appointed)
Commencement
Extent
Law In Force
78 Places in which powers under sections 75 and 76 may be exercised

The powers conferred by sections 75 and 76 may be exercised only in–
(a) any place to which (at the time of exercise of the power) the public or any section of
the public has access, on payment or otherwise, as of right or by virtue of express or implied
permission;
(b) any other place to which people have ready access (at the time of exercise of the power)
but which is not a dwelling or service living accommodation; and
(c) any premises which (at the time of exercise of the power) are permanently or temporarily
occupied or controlled for the purposes of any of Her Majesty's forces but are not service
living accommodation.
Amendments Pending
Commencement
Pt 3 c. 2 s. 78(a)-(c): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Pt 3 c. 2 s. 78(a)-(c): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend
Law In Force
79 Sections 75 and 76: limitation on searching persons or vehicles in certain gardens etc
(1) Subsection (2) applies if a person (“A”) is in a garden or yard, or on other land, occupied with
and used for the purposes of–
(a) a dwelling; or
(b) any service living accommodation within section 96(1)(a).
(2) A person (“B”) may not by virtue of section 78(a) or (b) search A in the exercise of the power
conferred by section 75 or 76 unless B has reasonable grounds for believing–
(a) that A does not reside in the dwelling or service living accommodation; and
(b) that A is not in the place in question with the express or implied permission of a person
who resides in the dwelling or service living accommodation.
(3) Subsection (4) applies if a vehicle is in a garden or yard, or on other land, occupied with and
used for the purposes of–
(a) a dwelling; or
(b) any service living accommodation within section 96(1)(a).
(4) A person may not by virtue of section 78(a) or (b) search the vehicle or anything in or on it in
the exercise of the power conferred by section 75 or 76 unless he has reasonable grounds for
believing–
(a) that the person in charge of the vehicle does not reside in the dwelling or service living
accommodation; and
(b) that the vehicle is not in the place in question with the express or implied permission
of a person who resides in the dwelling or service living accommodation.
(5) In this section “dwelling”does not include any dwelling which is permanently or temporarily
occupied or controlled for the purposes of any of Her Majesty's forces.
Amendments Pending
Commencement
Extent
Law In Force
80 Searches under sections 75 and 76: supplementary

(1) The time for which a person or vehicle may be detained for the purposes of a search under
section 75 or 76 is such time as is reasonably required to permit a search to be carried out either at
the place where the person or vehicle was first detained or nearby.
(2) Nothing in section 75 or 76 authorises anyone to require a person to remove any of his clothing
in public other than an outer coat, jacket, headgear or gloves.
(3) The reference in subsection (2) to headgear does not include headgear worn for religious
purposes.
(4) Nothing in this Chapter limits the powers exercisable on any premises if, or to the extent that,
the premises are being used for keeping persons in service custody.
Amendments Pending
Commencement
Extent
Law In Force
81 Power to make further provision about searches under sections 75 and 76

The Secretary of State may by order make provision, in relation to the search of persons or vehicles
under section 75 or 76, which is equivalent to that made by any provision of–
(a) section 2(1) to (7) and (9)(b) of PACE (provisions relating to search under section 1 of
that Act and other powers), and
(b) section 3 of PACE (duty to make records concerning searches),
Amendments Pending
Commencement
Pt 3 c. 2 s. 81(a)-(b): March 28, 2009 for the purpose of enabling the Secretary of State to make orders, regulations
and rules; October 31, 2009 otherwise (SI 2009/812 art. 3(a)(ii); SI 2009/1167 art. 4)
Extent
Law In Force
82 Application of Chapter to ships and aircraft

This Chapter applies to ships and aircraft as it applies to vehicles.
Amendments Pending
Commencement
Pt 3 c. 2 s. 82: October 31, 2009 (SI 2009/1167 art. 4)
Extent
CHAPTER 3
POWERS OF ENTRY, SEARCH AND SEIZURE
Entry for purposes of obtaining evidence etc
Law In Force
[ 83 Power of judge advocate to authorise entry and search

(1) On an application made by a service policeman, a judge advocate may, if the relevant
requirements are met, issue a warrant authorising a service policeman to enter and search—
(a) one or more sets of premises specified in the application; or
(b) any relevant residential premises occupied or controlled by a person specified in the
application, including such sets of premises as are so specified.
(2) The relevant requirements are met (subject to subsection (3)) if the judge advocate is satisfied
that each set of premises specified in the application is relevant residential premises and that there
are reasonable grounds for believing—
(a) that a relevant offence has been committed;
(b) that material which is likely to be of substantial value (whether by itself or together
with other material) to the investigation of the offence is—
(i) in the case of a warrant authorising entry and search of specified premises, on
those premises;
(ii) in the case of a warrant authorising entry and search of any relevant residential
premises occupied or controlled by a specified person, on one or more sets of such
premises occupied or controlled by that person;
(c) that the material would be likely to be admissible in evidence at a trial for the offence;
(d) that it does not consist of or include items subject to legal privilege, excluded material
or special procedure material; and
(e) that at least one of the conditions specified in subsection (4) applies in relation to each
set of premises specified in the application.
(3) If the application is for a warrant authorising entry and search of any relevant residential premises
occupied or controlled by a specified person, the judge advocate must also be satisfied—
(a) that, because of the particulars of the offence mentioned in subsection (2)(a), there are
reasonable grounds for believing that in order to find the material mentioned in subsection
(2)(b) it is necessary to search relevant residential premises that are occupied or controlled
by the person in question and are not specified in the application; and
(b) that it is not reasonably practicable to specify in the application all the relevant residential
premises that the person occupies or controls and that might need to be searched.
(4) The conditions mentioned in subsection (2)(e) are—
(a) that it is not practicable to communicate with any person entitled to grant entry to the
premises;
(b) that it is practicable to communicate with a person entitled to grant entry to the premises,
but it is not practicable to communicate with any person entitled to grant access to the
evidence;
(c) that entry to the premises will not be granted unless a warrant is produced;
(d) in the case of service living accommodation within section 96(1)(b) or (c)—
(i) that it is not practicable to communicate with the person or (as the case may be)
any of the persons for whom the accommodation is provided; or
(ii) that there is no such person with whom it is practicable to communicate who
will agree to grant access to the accommodation without the production of a warrant;
(e) that the purpose of a search may be frustrated or seriously prejudiced unless a service
policeman arriving at the premises can secure immediate entry to them.
(5) A warrant under this section may authorise entry to and search of premises on more than one
occasion if, on the application for the warrant, the judge advocate is satisfied that it is necessary to
authorise multiple entries in order to achieve the purpose for which the warrant is issued.
(6) If the warrant authorises multiple entries, the number of entries authorised may be unlimited,
or limited to a maximum.
(7) A service policeman may seize and retain anything for which a search has been authorised under
subsection (1).
]1
Notes
1
Substituted by Armed Forces Act 2011 c. 18 s.7 (December 14, 2012)
Amendments Pending
Commencement
Extent
Pt 3 c. 3 s. 83(1)-(2)(b), (2)(c)-(3): United Kingdom (extends to the Isle of Man and the British overseas territories and
Pt 3 c. 3 s. 83(2)(b)(i)-(2)(b)(ii), (3)(a)-(7): United Kingdom
Law In Force
84 Section 83: definitions

(1) Subsections (2) to (4) apply for the purposes of section 83.
(2) “Relevant offence” means any of the following–
(a) an offence under section 42 as respects which the corresponding offence under the law
of England and Wales is an indictable offence;
(b) a service offence specified for the purposes of this subsection in an order made by the
Secretary of State;
(c) a service offence whose commission has led to, or is intended or is likely to lead to,
any of the consequences mentioned in subsection (5).
[ (2A) In subsection (2)(a), the reference to an “indictable offence” has effect as if it included a
reference to low-value shoplifting (as defined in section 22A(3) of the Magistrates’ Courts Act
1980). ] 1
(3) “Relevant residential premises” means–
(a) service living accommodation; or
(b) premises occupied as a residence (alone or with other persons) by–
(i) a person subject to service law;
(ii) a civilian subject to service discipline; or
(iii) a person who is suspected of having committed an offence in relation to which
the warrant is sought.
(4) “Items subject to legal privilege”, “excluded material” and “special procedure material”have
the meanings given (respectively) by sections 10, 11 and 14 of PACE, but as if in section 11(2)(b)
of PACE “enactment”included any provision of–
(a) an Act of the Scottish Parliament or Northern Ireland legislation; or
(b) an instrument made under such an Act or under Northern Ireland legislation.
(5) The consequences referred to in subsection (2)(c) are–
(a) serious harm to the security of the State or to public order;
(b) serious interference with the administration of justice or with the investigation of
offences or of a particular offence;
(c) the death of any person;
(d) serious injury to any person;
(e) substantial financial gain to any person;
(f) serious financial loss to any person;
(g) the undermining of discipline or morale among members of any of Her Majesty's forces.
(6) In subsection (5)(d) “injury”includes any disease and any impairment of a person's physical or
mental condition.
(7) For the purposes of subsection (5)(f), loss is serious if (having regard to all the circumstances)
it is serious for the person who suffers it.
Notes
1
Added by Anti-social Behaviour, Crime and Policing Act 2014 c. 12 Pt 13 s.176(7) (May 13, 2014: insertion has
effect as SI 2014/949 subject to transitional provisions as specified in 2014 c.12 s.176(8))
Amendments Pending
Commencement
Pt 3 c. 3 s. 84(1), (3)-(7): October 31, 2009 (SI 2009/1167 art. 4)
Pt 3 c. 3 s. 84(2)-(2)(c): March 28, 2009 for the purpose of enabling the Secretary of State to make orders, regulations
Extent
Pt 3 c. 3 s. 84(1)-(2)(c), (3)-(7): United Kingdom (extends to the Isle of Man and the British overseas territories and
Pt 3 c. 3 s. 84(2A): United Kingdom
Law In Force
85 Section 83: power to make supplementary provision

The Secretary of State may by order–
(a) make provision authorising the use, in connection with applications under section 83
to judge advocates, of live television or telephone links or similar arrangements;
(b) make provision, in relation to warrants issued under that section or entry and search
under such a warrant, which is equivalent to that made by any provision of sections 15 and
16 of PACE (which relate to the issue to constables of warrants to enter and search premises),
Amendments Pending
Commencement
Extent
Law In Force
86 Power to make provision as to access to excluded material etc

[ (1) The Secretary of State may by order make provision that enables a service policeman, for the
purposes of an investigation of a relevant offence and by making an application to a judge advocate
in accordance with the order—
(a) to obtain access to excluded material or special procedure material on relevant residential
premises; or
(b) to obtain access to material (other than items subject to legal privilege) on premises
other than relevant residential premises.
(2) An order under this section (an “enabling order”) may in particular—
(a) so far as it relates to obtaining access to material on relevant residential premises, make
provision equivalent to any provision of Schedule 1 to PACE (special procedure for obtaining
production orders and warrants);
(b) so far as it relates to obtaining access to material on premises other than relevant
residential premises, make provision equivalent to any provision of paragraphs 1 to 11 of
that Schedule (special procedure for obtaining production orders);
(c) make provision equivalent to section 311(2) and (3) of this Act (certification to civil
court of offences akin to contempt) in relation to a failure by a person within section 309(6)
to comply with an order made by a judge advocate under the enabling order;
(d) authorise the use, in connection with any application made by virtue of the enabling
order, of live television or telephone links or similar arrangements.
(2A) Any power under subsection (2) to make provision which is equivalent to another provision
includes power to make provision which is equivalent subject to such modifications as the Secretary
of State considers appropriate. ] 1
(3) In this section “relevant residential premises” means–
(a) service living accommodation; or

(iii) a person who is suspected of having committed the relevant offence concerned.
[ (4) In this section the following expressions have the meanings given by section 84—“excluded
material”;“items subject to legal privilege”;“relevant offence”;“special procedure material”. ] 2
Notes
1
S.86(1)-(2A) substituted for s.86(1)-(2) by Armed Forces Act 2011 c. 18 s.8(2) (March 8, 2012)
2
Substituted by Armed Forces Act 2011 c. 18 s.8(3) (March 8, 2012)
Amendments Pending
Commencement
Pt 3 c. 3 s. 86(1)-(4): March 28, 2009 for the purpose of enabling the Secretary of State to make orders, regulations
Extent
Pt 3 c. 3 s. 86(1), (2)-(2)(b), (3)-(4): United Kingdom (extends to the Isle of Man and the British overseas territories
Pt 3 c. 3 s. 86(1)(a)-(1)(b), (2)(c)-(2A): United Kingdom
Law In Force
87 Power of CO to authorise entry and search by service policeman

(1) An officer may authorise a service policeman to enter and search premises within subsection
(3) if the officer has reasonable grounds for believing–
[ (a) that a relevant offence within the meaning of section 84 has been committed;
with other material) to the investigation of the offence is on the premises;
or special procedure material (within the meaning given by section 84);
(e) that at least one of the conditions specified in section 83(4) applies; and
(f) that it is likely that the purpose of the search would be frustrated or seriously prejudiced
if no search could be carried out before the time mentioned in subsection (2). ] 1
(2) That time is the earliest time by which it would be practicable–
(a) for a service policeman to obtain and execute a warrant under section 83 authorising
the entry and search of the premises; or
(b) in a case where a member of a UK police force could obtain a warrant under section 8
of PACE or any other enactment authorising the entry and search of the premises, for a
member of such a force to obtain and execute such a warrant.
(3) The premises referred to in subsection (1) are–

(a) service living accommodation of a person whose commanding officer is the officer
mentioned in that subsection;
(i) a person subject to service law whose commanding officer is that officer; or
(ii) a civilian subject to service discipline whose commanding officer is that officer;
(c) premises which that officer has reasonable grounds for believing to be within paragraph
(b).
(4) A person authorised under subsection (1) may seize and retain anything for which the search
under that subsection was authorised; but this is subject to section 89.
Notes
1
S.87(1)(a)-(f) substituted for s.87(1)(a) and (b) by Armed Forces Act 2011 c. 18 Sch.4 para.6 (December 14, 2012)
Amendments Pending
Commencement
Extent
Pt 3 c. 3 s. 87(1)-(1)(b), (2)-(4): United Kingdom (extends to the Isle of Man and the British overseas territories and
Pt 3 c. 3 s. 87(1)(c)-(1)(f): United Kingdom
Law In Force
88 Power of CO to authorise entry and search by other persons

(1) An officer may authorise a person subject to service law (other than a service policeman) to
enter and search service living accommodation within subsection (3) if the officer has reasonable
grounds for believing–
[ (a) that a relevant offence within the meaning of section 84 has been committed;
with other material) to the investigation of the offence is on the premises;
or special procedure material (within the meaning given by section 84);
(e) that at least one of the conditions specified in section 83(4) applies (the reference in
section 83(4)(e) to a service policeman being read as a reference to a person authorised
under this subsection); and
(f) that it is likely that the purpose of the search would be frustrated or seriously prejudiced
if no search could be carried out before the time mentioned in subsection (2). ] 1
(2) That time is the earliest time by which it would be practicable–

(a) to obtain the assistance of a service policeman; or
(b) in a case where a member of a UK police force could obtain a warrant under section 8
of PACE or any other enactment authorising the entry and search of the premises, for a
member of such a force to obtain and execute such a warrant.
(3) Service living accommodation is within this subsection if it is–
mentioned in subsection (1); and
(b) within section 96(1)(b) or (c).
(4) A person authorised under subsection (1) may seize and retain anything for which the search
under that subsection was authorised; but this is subject to section 89.
Notes
1
S.88(1)(a)-(f) substituted for s.88(1)(a) and (b) by Armed Forces Act 2011 c. 18 Sch.4 para.7 (December 14, 2012)
Amendments Pending
Commencement
Extent
Pt 3 c. 3 s. 88(1)(c)-(1)(f): United Kingdom
Law In Force
89 Review by judge advocate of certain searches under section 87 or 88

(1) Where any property has been seized and retained during a search under section 87 or 88, the
officer who authorised the search must as soon as practicable request a judge advocate to undertake
a review of the search and of the seizure and retention of anything seized and retained during it.
(2) The Secretary of State may by order make provision–
(a) with respect to the practice and procedure which is to apply in connection with reviews
under this section;
(b) conferring functions on judge advocates in relation to such reviews.
Amendments Pending
Commencement
Pt 3 c. 3 s. 89(1): October 31, 2009 (SI 2009/1167 art. 4)
Pt 3 c. 3 s. 89(2)-(2)(b): March 28, 2009 for the purpose of enabling the Secretary of State to make orders, regulations
Extent
Entry for purposes of arrest etc
Law In Force
90 Entry for purpose of arrest etc by a service policeman

(1) A service policeman may for the purpose of arresting a person enter and search premises within
subsection (2), but only if he has reasonable grounds for believing that the person is on the premises.
(2) The premises referred to in subsection (1) are–
(a) service living accommodation;
(iii) the person to be arrested;
(c) premises which the service policeman has reasonable grounds for believing to be within
paragraph (b).
(3) In relation to premises containing two or more separate dwellings, the powers conferred by
subsection (1) are powers to enter and search–
(a) any parts of the premises which the occupiers of any dwelling contained in the premises
use in common with the occupiers of any other such dwelling; and
(b) any such dwelling that the service policeman has reasonable grounds for believing the
person to be arrested to be in.
(4) A service policeman may, for the purpose of saving life or limb or preventing serious damage
to property, enter and search any–
(a) service living accommodation;
(i) a person subject to service law; or

(c) premises which the service policeman has reasonable grounds for believing to be within
paragraph (b).
(5) Any power of search conferred by this section is a power to search only to the extent that is
reasonably required for the purpose for which the power of entry is exercised.
(6) References in this section to arrest are to arrest under [ section 67, 69, 110, 111 or 303, ] 1 and
related expressions in this section are to be read accordingly.
Notes
1
Words substituted by Armed Forces Act 2011 c. 18 Sch.3 para.3 (April 2, 2012)
Amendments Pending
Commencement
Extent
Law In Force
91 Entry for purpose of arrest etc by other persons

exercise, in relation to premises within subsection (2), the powers conferred by section 90(1) on a
service policeman; but this is subject to subsection (3).
(2) The premises are–
mentioned in subsection (1);
(i) a person subject to service law whose commanding officer is that officer; or
(ii) a civilian subject to service discipline whose commanding officer is that officer;
(c) premises which that officer has reasonable grounds for believing to be within paragraph
(b).
(3) An officer may give an authorisation under subsection (1) only if–
(a) the arrest is to be made under section 67;
(b) the offence in respect of which the arrest is to be made is a relevant offence (as defined
by section 84); and
(c) the officer has reasonable grounds for believing that, if the arrest could not be made
before the earliest time by which it would be practicable to obtain the assistance mentioned
in subsection (4)–
(i) the person to be arrested might evade arrest, conceal, damage, alter or destroy
evidence, or present a danger to himself or others; or
(ii) discipline or morale among members of any of Her Majesty's forces might be
undermined.
(a) the assistance of a service policeman, or
(b) in a case where corresponding powers conferred by section 17(1)(b) or (c) of PACE or
any other enactment are exercisable by a member of a UK police force, the assistance of a
member of such a force capable of exercising those corresponding powers.
exercise, in relation to premises within subsection (2), the powers conferred by section 90(4) on a
service policeman; but this is subject to subsection (6).
(6) An officer may give an authorisation under subsection (5) in relation to premises within section
90(4)(b) or (c) only if it is not practicable to obtain the assistance of a service policeman in time
to take the necessary action to save life or limb or prevent serious damage to property.
of his functions under this section.
Amendments Pending
Commencement
Extent
Additional powers of entry, search and seizure

Law In Force
92 Power to make provision conferring powers of entry and search after arrest
The Secretary of State may by order make provision, in relation to premises occupied or controlled
by a person who–
(a) has been arrested under section 67, and
(b) is being held in service custody without being charged with a service offence,
which is equivalent to that made by any provision of section 18 of PACE (entry and search after
arrest), subject to such modifications as the Secretary of State considers appropriate.
Amendments Pending
Commencement
Extent
Law In Force
93 Power to make provision conferring power of seizure etc

The Secretary of State may by order make provision, in relation to–
(a) a service policeman who, in connection with the investigation of a service offence, is
lawfully on premises which are searchable by virtue of this Part, or
(b) any power of seizure or retention conferred by or under this Part,
which is equivalent to that made by any provision of sections 19 to 21 of PACE (which relate to
seizure) or section 22(1) to (4) of that Act (power to retain property seized), subject to such
modifications as the Secretary of State considers appropriate.
Amendments Pending
Commencement
Extent
[ CHAPTER 3A
TESTING FOR ALCOHOL AND DRUGS ON SUSPICION OF OFFENCE ] 1
Notes
1
Added by Armed Forces Act 2011 c. 18 s.11(1) (March 8, 2012: insertion has effect for the purpose only of
conferring powers to make regulations under 2006 c.52 s.93A(5) as specified in SI 2012/669 art.3(c)(i); November
1, 2013 otherwise)
[ Preliminary testing for alcohol and drugs ] 1
Notes
1
1, 2013 otherwise)
Law In Force
[ 93A Commanding officer's power to require preliminary tests

(1) This section applies where the commanding officer of a person subject to service law has
reasonable cause to believe that that person—
(a) is committing a relevant offence; or
(b) has committed a relevant offence and still has alcohol or a drug in the body or is still
under the influence of a drug.
(2) In this section “relevant offence” means—
(a) an offence under section 20A; or
(b) an offence under section 20(1)(a) in respect of a safety-critical duty (as defined by
section 93I).
(3) This section also applies where the commanding officer of a person who is a civilian subject
to service discipline has reasonable cause to believe that that person—
(a) is committing an offence under section 42 as respects which the corresponding offence
under the law of England and Wales is an offence under section 78, 79, 92 or 93 of the
Railways and Transport Safety Act 2003 (maritime and aviation offences); or
(b) has committed such an offence under section 42 and still has alcohol or a drug in the
body or is still under the influence of a drug.
(4) The commanding officer may require the person mentioned in subsection (1) or (3) (“the
suspected person”) to co-operate with any one or more of—
(a) a preliminary breath test (see section 93B);
(b) a preliminary impairment test (see section 93C);
(c) a preliminary drug test (see section 93D).
of the commanding officer's functions under this section.
(6) A person who, without reasonable excuse, fails to comply with a requirement imposed under
subsection (4) commits an offence.
exceed two years.
(8) For the purposes of this section, a person does not co-operate with a preliminary test unless the
person's co-operation—
(a) is sufficient to enable the test to be carried out; and
(b) is provided in such a way as to enable the objective of the test to be satisfactorily
achieved.
1
]
Notes
1
1, 2013 otherwise)
Amendments Pending
Pt 3 c. 3A s. 93A: repealed by Armed Forces Act 2006 c. 52 Pt 19 c. 4 s. 382 (November 2, 2016: repeal originally
came into force on November 3, 2012 but has been continued by SI 2012/1750 subject to 2006 c.52 s.382(2)-(4), SI
2013/2603 art.2, SI 2014/1882 art.2 and further continued by SI 2015/1766 art.2 )

Pt 3 c. 3A s. 93A: words substituted by Armed Forces Bill 2015 (HC Bill 70) s. 2(1) (date to be appointed)
Pt 3 c. 3A s. 93A(A1): added by Armed Forces Bill 2015 (HC Bill 70) s. 2(2)(a) (date to be appointed)
Pt 3 c. 3A s. 93A(1): words substituted by Armed Forces Bill 2015 (HC Bill 70) s. 2(2)(b) (date to be appointed)
Pt 3 c. 3A s. 93A(1)(a): words substituted by Armed Forces Bill 2015 (HC Bill 70) s. 2(2)(c) (date to be appointed)
Pt 3 c. 3A s. 93A(1)(b): words substituted by Armed Forces Bill 2015 (HC Bill 70) s. 2(2)(d) (date to be appointed)
Pt 3 c. 3A s. 93A(2): repealed by Armed Forces Bill 2015 (HC Bill 70) s. 2(2)(e) (date to be appointed)
Pt 3 c. 3A s. 93A(3): words substituted by Armed Forces Bill 2015 (HC Bill 70) s. 2(2)(f) (date to be appointed)
Pt 3 c. 3A s. 93A(3A): added by Armed Forces Bill 2015 (HC Bill 70) s. 2(2)(g) (date to be appointed)
Pt 3 c. 3A s. 93A(3C): added by Armed Forces Bill 2015 (HC Bill 70) s. 2(2)(g) (date to be appointed)
Pt 3 c. 3A s. 93A(4): words inserted by Armed Forces Bill 2015 (HC Bill 70) s. 2(2)(h)(i) (date to be appointed)
Pt 3 c. 3A s. 93A(4): words substituted by Armed Forces Bill 2015 (HC Bill 70) s. 2(2)(h)(ii) (date to be appointed)
Extent
Pt 3 c. 3A s. 93A(1)-(8)(b): United Kingdom
Law In Force
[ 93B Preliminary breath test

(1) A preliminary breath test is a procedure administered by a service policeman under which—
(a) the suspected person provides a specimen of breath; and
(b) the specimen is used for the purpose of obtaining, by means of an approved device, an
indication whether the proportion of alcohol in the person's breath or blood is likely to be
such as is necessary for the commission of the suspected offence.
(2) A preliminary breath test may be administered only—
(a) at or near the place where the requirement to co-operate with the test is imposed;
(b) at a service police establishment determined by the service policeman; or
(c) at a medical establishment.
(3) In this section “the suspected offence” means an offence mentioned in section 93A(2) or (3)(a)
which the commanding officer has reasonable cause to believe has been committed.
]1
Notes
1
Added by Armed Forces Act 2011 c. 18 s.11(1) (November 1, 2013 as SI 2013/2501)
Amendments Pending
Pt 3 c. 3A s. 93B: repealed by Armed Forces Act 2006 c. 52 Pt 19 c. 4 s. 382 (November 2, 2016: repeal originally

Pt 3 c. 3A s. 93B: words substituted by Armed Forces Bill 2015 (HC Bill 70) s. 2(1) (date to be appointed)
Pt 3 c. 3A s. 93B(1): words inserted by Armed Forces Bill 2015 (HC Bill 70) s. 2(4)(a) (date to be appointed)
Pt 3 c. 3A s. 93B(1)(a): word substituted by Armed Forces Bill 2015 (HC Bill 70) s. 2(4)(b) (date to be appointed)
Pt 3 c. 3A s. 93B(1A): added by Armed Forces Bill 2015 (HC Bill 70) s. 2(4)(c) (date to be appointed)
Pt 3 c. 3A s. 93B(3): word substituted by Armed Forces Bill 2015 (HC Bill 70) s. 2(4)(d) (date to be appointed)
Extent
Pt 3 c. 3A s. 93B(1)-(3): United Kingdom
Law In Force
[ 93C Preliminary impairment test

(1) A preliminary impairment test is a procedure under which a service policeman—
(a) observes the suspected person performing tasks specified by the service policeman; and
(b) makes such other observations of the suspected person's physical state as the service
policeman thinks expedient.
(2) A preliminary impairment test may be administered only—
(3) The Provost Marshals (acting jointly) must issue, and may from time to time revise, a code of
practice about—
(a) the kind of task that may be specified for the purposes of a preliminary impairment test;
(b) the kind of observation of physical state that may be made in the course of a preliminary
impairment test;
(c) the way in which a preliminary impairment test should be administered; and
(d) the inferences that may be drawn by a service policeman from observations made in
the course of a preliminary impairment test.
(4) In subsection (3) “the Provost Marshals” means the Provost Marshals of each of the service
police forces.
(5) A service policeman administering a preliminary impairment test must have regard to the code
of practice.
(6) A service policeman may administer a preliminary impairment test only if the service policeman
is approved for that purpose by a Provost Marshal of a service police force.
(7) A code of practice under this section may include provision about—
(a) the giving of approval under subsection (6); and
(b) in particular, the kind of training that a service policeman should have undergone, or
the kind of qualification that a service policeman should possess, before being approved
under that subsection.
1
]
Notes
1
conferring powers to issue a code of practice under 2006 c.52 s.93C(3) as specified in SI 2012/669 art.3(c)(i);
November 1, 2013 otherwise)
Amendments Pending
Pt 3 c. 3A s. 93C: repealed by Armed Forces Act 2006 c. 52 Pt 19 c. 4 s. 382 (November 2, 2016: repeal originally

Pt 3 c. 3A s. 93C: words substituted by Armed Forces Bill 2015 (HC Bill 70) s. 2(1) (date to be appointed)
Pt 3 c. 3A s. 93C(1)(a): word substituted by Armed Forces Bill 2015 (HC Bill 70) s. 2(5) (date to be appointed)
Pt 3 c. 3A s. 93C(1)(b): word substituted by Armed Forces Bill 2015 (HC Bill 70) s. 2(5) (date to be appointed)
Extent
Pt 3 c. 3A s. 93C(1)-(7)(b): United Kingdom
Law In Force
[ 93D Preliminary drug test

(1) A preliminary drug test is a procedure administered by a service policeman under which—
(a) a specimen of sweat or saliva is obtained from the suspected person; and
(b) the specimen is used for the purpose of obtaining, by means of an approved device, an
indication whether there is a drug in the person's body.
(2) A preliminary drug test may be administered only—
1
]
Notes
1
Amendments Pending
Pt 3 c. 3A s. 93D: repealed by Armed Forces Act 2006 c. 52 Pt 19 c. 4 s. 382 (November 2, 2016: repeal originally

Pt 3 c. 3A s. 93D: words substituted by Armed Forces Bill 2015 (HC Bill 70) s. 2(1) (date to be appointed)
Pt 3 c. 3A s. 93D(1)(a): word substituted by Armed Forces Bill 2015 (HC Bill 70) s. 2(6) (date to be appointed)
Extent
Pt 3 c. 3A s. 93D(1)-(2)(c): United Kingdom
[ Provision of specimens for analysis ] 1
Notes
1
conferring powers to make regulations under 2006 c.52 s.93F(4) as specified in SI 2012/669 art.3(c)(i); November
1, 2013 otherwise)
Law In Force
[ 93E Provision of specimens for analysis

(1) This section applies in relation to an investigation into whether a person has committed—
(a) an offence under section 20A;
(b) an offence under section 20(1)(a) in respect of a safety-critical duty (as defined by
section 93I); or
(c) an offence under section 42 as respects which the corresponding offence under the law
of England and Wales is an offence under section 78, 79, 92 or 93 of the Railways and
Transport Safety Act 2003.
(2) In the course of the investigation a service policeman may require the person—
(a) to provide two specimens of breath for analysis by means of an approved device;
(b) to provide a specimen of blood or urine for a laboratory test.
(3) A requirement under this section may be imposed only at a service police establishment or a
medical establishment.
(4) For the purposes of this section and section 93F, a person does not provide a specimen of breath
for analysis unless the specimen—
(a) is sufficient to enable the analysis to be carried out; and
(b) is provided in such a way as to enable the objective of the analysis to be satisfactorily
achieved.
(5) For the purposes of this section and section 93F, a person provides a specimen of blood if and
only if—
(a) he consents to the taking of such a specimen from him;
(b) the specimen is taken from him by a registered medical practitioner or registered nurse;
and
(c) the specimen is of sufficient quantity to enable it to be divided into two parts for the
purposes of analysis.
(6) For the purposes of this section and section 93F, a person provides a specimen of urine if and
only if the specimen—
(a) is provided within one hour of the requirement for its provision being made and after
the provision of a previous specimen of urine; and
(b) is of sufficient quantity to enable it to be divided into two parts for the purposes of
analysis.
(7) Where the provision of a specimen may be required under this section, the question of whether
it is to be breath, blood or urine, and in the case of blood the question of who is to be asked to take
it, is to be decided by the service policeman imposing the requirement.
(8) But where a service policeman decides for the purposes of subsection (7) to require the provision
of a specimen of blood, there shall be no requirement to provide such a specimen if—
(a) the registered medical practitioner who is asked to take the specimen is of the opinion
that, for medical reasons, it cannot or should not be taken; or
(b) the registered nurse who is asked to take it is of that opinion and there is no contrary
opinion from a registered medical practitioner;
and where by virtue of this subsection there can be no requirement to provide a specimen of blood,
the service policeman may require a specimen of urine instead.
(9) A service policeman must, on requiring a person to provide a specimen in pursuance of this
section, warn the person that a failure to provide it may render the person liable to proceedings for
a service offence.
(10) A person who, without reasonable excuse, fails to provide a specimen when required to do so
in pursuance of this section is guilty of an offence.
exceed two years.
]1
Notes
1
Amendments Pending
Pt 3 c. 3A s. 93E: repealed by Armed Forces Act 2006 c. 52 Pt 19 c. 4 s. 382 (November 2, 2016: repeal originally

Pt 3 c. 3A s. 93E: words substituted by Armed Forces Bill 2015 (HC Bill 70) s. 2(1) (date to be appointed)
Extent
Pt 3 c. 3A s. 93E(1)-(11): United Kingdom
Law In Force
[ 93F Further provision about specimens under section 93E

(1) Where two specimens of breath are provided by a person in pursuance of section 93E, the one
with the lower proportion of alcohol in the breath is to be used and the other is to be disregarded.
(2) If the specimen with the lower proportion of alcohol contains no more than a prescribed
proportion of alcohol, the person who provided it may claim that it should be replaced by such a
specimen of blood or urine as may be required under section 93E.
(3) If the person then provides such a specimen, neither specimen of breath is to be used.
(4) In subsection (2) “prescribed” means prescribed by regulations made by the Defence Council
for the purposes of this section; and the regulations may prescribe different proportions of alcohol
in relation to different kinds of offence.
(5) On a request made at the time a specimen of blood or urine is provided under section 93E, the
person who provided the specimen must be given a part of the specimen sufficient for the purposes
of analysis.
]1
Notes
1
conferring powers to make regulations under 2006 c.52 s.93F(4) as specified in SI 2012/669 art.3(c)(i); November
1, 2013 otherwise)
Amendments Pending
Pt 3 c. 3A s. 93F: repealed by Armed Forces Act 2006 c. 52 Pt 19 c. 4 s. 382 (November 2, 2016: repeal originally

Pt 3 c. 3A s. 93F: words substituted by Armed Forces Bill 2015 (HC Bill 70) s. 2(1) (date to be appointed)
Extent
Pt 3 c. 3A s. 93F(1)-(5): United Kingdom
Law In Force
[ 93G Specimens of blood from persons incapable of consenting

(1) A service policeman may request a registered medical practitioner to take a specimen of blood
from a person (“the person concerned”), irrespective of whether that person consents, if—
(a) the service policeman would (in the absence of any incapacity of the person concerned
and of any objection under section 93H) be entitled under section 93E to require the person
concerned to provide a specimen of blood for a laboratory test;
(b) it appears to the service policeman that the person concerned has been involved in an
accident that constitutes or is comprised in the matter that is under investigation or the
circumstances of that matter;
(c) it appears to the service policeman that the person concerned is or may be incapable of
giving a valid consent to the taking of a specimen of blood (whether or not consent has
purportedly been given); and
(d) it appears to the service policeman that that person's incapacity is attributable to medical
reasons.
(2) It is lawful for a registered medical practitioner to whom a request is made under this section,
if that practitioner thinks fit—
(a) to take a specimen of blood from the person concerned irrespective of whether that
person consents; and
(b) to provide the specimen to a service policeman.
(3) The specimen must be of sufficient quantity to enable it to be divided into two parts for the
purposes of analysis.
(4) If a specimen is taken in pursuance of a request under this section, it must not be subjected to
a laboratory test unless the person concerned—
(a) has been informed that it was taken;
(b) has been required by a service policeman to give permission for a laboratory test of the
specimen; and
(c) has given permission.
(5) A service policeman, on requiring a person to give permission for the purposes of this section
for a laboratory test of a specimen, must warn the person that a failure to give the permission may
render the person liable to proceedings for a service offence.
(6) On a request made at the time a person gives permission under this section for a laboratory test
of a specimen, that person must be given a part of the specimen sufficient for the purposes of
analysis.
(7) A person who, without reasonable excuse, fails to give permission for a laboratory test of a
specimen taken from the person under this section is guilty of an offence.
exceed two years.
]1
Notes
1
Amendments Pending
Pt 3 c. 3A s. 93G: repealed by Armed Forces Act 2006 c. 52 Pt 19 c. 4 s. 382 (November 2, 2016: repeal originally

Pt 3 c. 3A s. 93G: words substituted by Armed Forces Bill 2015 (HC Bill 70) s. 2(1) (date to be appointed)
Extent
Pt 3 c. 3A s. 93G(1)-(8): United Kingdom
[ General provisions relating to testing ] 1
Notes
1
Law In Force
[ 93H Patients in medical establishments

(1) This section applies in relation to a person who is at a medical establishment as a patient.
(2) The person shall not be required to co-operate with a preliminary test or to provide a specimen
under section 93E unless the responsible medical professional has been notified of the proposal to
impose the requirement.
(3) If the responsible medical professional objects on medical grounds the requirement must not
be imposed.
(4) If the responsible medical professional does not object on medical grounds and the requirement
is imposed, the requirement must be for co-operation with a preliminary test administered, or for
the provision of a specimen, at the medical establishment.
(5) No specimen of blood may be taken from the person under section 93G, and the person may
not be required to give permission for a laboratory test of a specimen taken under that section,
unless the responsible medical professional—
(a) has been notified of the proposal that the specimen be taken or of the proposal to make
the requirement; and
(b) has not objected on medical grounds.
(6) In this section “the responsible medical professional” means—
(a) the registered medical practitioner in immediate charge of the person's case; or
(b) if there is no such registered medical practitioner, the registered nurse in immediate
charge of the person's case.
(7) In this section “medical grounds” means—
(a) in relation to a requirement to co-operate with a preliminary test or to provide a specimen
under section 93E, the ground that the requirement, or compliance with it by the patient, or
any warning required by section 93E(9), would be prejudicial to the proper care and treatment
of the patient;
(b) in relation to the taking of a specimen under section 93G or a requirement to give
permission for a laboratory test of a specimen taken under that section, the ground that the
taking of the specimen, the requirement, or any warning required by section 93G(5), would
be so prejudicial.
]1
Notes
1
Amendments Pending
Pt 3 c. 3A s. 93H: repealed by Armed Forces Act 2006 c. 52 Pt 19 c. 4 s. 382 (November 2, 2016: repeal originally

Pt 3 c. 3A s. 93H: words substituted by Armed Forces Bill 2015 (HC Bill 70) s. 2(1) (date to be appointed)
Extent
Pt 3 c. 3A s. 93H(1)-(7)(b): United Kingdom
Law In Force
[ 93I Definitions for purposes of Chapter 3A

(1) In this Chapter—
“approved”, in relation to a device, means approved by the Secretary of State;
“drug”includes any intoxicant other than alcohol;
“medical establishment” means any facility at which medical or surgical treatment for in-
or out-patients is provided;
“preliminary test” means—
(a) a preliminary breath test within the meaning of section 93B;
(b) a preliminary impairment test within the meaning of section 93C; or
(c) a preliminary drug test within the meaning of section 93D;
“safety-critical duty” means a duty which the commanding officer of the person mentioned
in section 93A(1) or 93E(1) reasonably believes is such that performing the duty with ability
impaired by alcohol or drugs would result in a risk of—
(a) death;
(b) serious injury to any person;
(c) serious damage to property; or
(d) serious environmental harm;
“service police establishment” means any building or part of a building, any structure, or
any room (whether on land or on a ship) which is used by a service policeman for the
performance of his duties.
(2) In this Chapter any reference to a service policeman includes a Royal Navy coxswain.
]1
Notes
1
Amendments Pending
Pt 3 c. 3A s. 93I: repealed by Armed Forces Act 2006 c. 52 Pt 19 c. 4 s. 382 (November 2, 2016: repeal originally

Pt 3 c. 3A s. 93I: words substituted by Armed Forces Bill 2015 (HC Bill 70) s. 2(1) (date to be appointed)
Pt 3 c. 3A s. 93I(1) definition of "safety critical duty": word inserted by Armed Forces Bill 2015 (HC Bill 70) s.
2(7) (date to be appointed)
Extent
Pt 3 c. 3A s. 93I(1)-(2): United Kingdom
CHAPTER 4
SUPPLEMENTARY
Law In Force
94 Property in possession of service police or CO

(1) The Secretary of State may by regulations make provision with respect to the disposal of property
which has come into the possession of a service policeman or a person's commanding officer in
connection with the investigation of a service offence.
(2) The regulations may in particular–
(a) enable the Court Martial, the Service Civilian Court or a judge advocate to make an
order for the delivery of the property to the person appearing to the court or judge advocate
to be the owner of the property or, if the owner cannot be ascertained, to make such order
with respect to the property as the court or judge advocate considers appropriate;
(b) enable the commanding officer of a person charged with a service offence–
(i) to determine that any property seized under this Part in connection with the
investigation of a service offence should be delivered to the person appearing to the
commanding officer to be the owner of the property; or
(ii) if the owner cannot be ascertained, to make such other determination with
respect to the delivery of the property as the commanding officer considers
appropriate;
(c) enable the commanding officer of a person–
(i) in whose possession the property was before it was seized under this Part, or
(ii) who claims to be the owner of the property,
to determine that it should be delivered to that person;
(d) make provision as to appeals against orders made by virtue of paragraph (a) and
determinations made by virtue of paragraph (b) or (c); and
(e) provide that, at the end of a specified period from the making of an order by virtue of
paragraph (a), the right of any person to take proceedings for the recovery of the property
is to cease.
(3) A determination made by virtue of subsection (2)(b) or (c) does not affect the right of any person
to recover any property delivered in pursuance of the determination from the person to whom it is
delivered.
Amendments Pending
Commencement
Extent
Law In Force
95 Saving provision
(1) Nothing in this Part affects–
(a) any power of a service policeman or commanding officer to enter and search, or order
the entry and search of, premises which are occupied for the purposes of any of Her Majesty's
forces, to the extent that the premises do not constitute service living accommodation;
(b) any power of a commanding officer, otherwise than in connection with the investigation
of a service offence or the exercise of any power of arrest, to enter and search, or order the
entry and search of, service living accommodation;
(c) any power of a commanding officer, otherwise than in connection with the investigation
of a service offence or the exercise of any power of arrest, to search, or order the search of,
a person or to stop and search, or order the stop and search of, a service vehicle; or
(d) any power of a service policeman or commanding officer to search, or order the search
of, a service vehicle which is not in the charge of any person.
(2) In subsection (1) “service vehicle” means a vehicle, ship or aircraft which–
Amendments Pending
Commencement
Extent
Law In Force
96 “Service living accommodation”, “premises” and other definitions

(1) In this Part “service living accommodation” means (subject to subsection (2))–
(a) any building or part of a building which is occupied for the purposes of any of Her
Majesty's forces but is provided for the exclusive use of a person [ within subsection (1A) ] 1
, or of such a person and members of his family, as living accommodation or as a garage;
(b) any other room, structure or area (whether on land or on a ship) which is occupied for
the purposes of any of Her Majesty's forces and is used for the provision of sleeping
accommodation for one or more persons [ within subsection (1A) ] 1 ; or
(c) any locker which–
(i) is provided by any of Her Majesty's forces for personal use by a person [ within
subsection (1A) ] 1 in connection with his sleeping accommodation, but
(ii) is not in a room, structure or area falling within paragraph (b).
[ (1A) The following are persons within this subsection—
(a) a person subject to service law;
2
]
(2) Premises are not service living accommodation for the purposes of this Part if, or to the extent
that, they are being used for keeping persons in service custody.
(3) In this Part “premises”includes any place and, in particular, includes–
(a) any vehicle, ship or aircraft; and
(b) any tent or movable structure.
(4) In this Part “enactment”includes any provision of–
(a) an Act of the Scottish Parliament or Northern Ireland legislation, or
(b) an instrument made under such an Act or under Northern Ireland legislation,
and also includes any rule of law in Scotland.
Notes
1
Words substituted by Armed Forces Act 2011 c. 18 Sch.3 para.4(2) (April 2, 2012)
2
Added by Armed Forces Act 2011 c. 18 Sch.3 para.4(3) (April 2, 2012)
Amendments Pending
Commencement
Extent
Pt 3 c. 4 s. 96(1)-(1)(c)(ii), (2)-(4)(b): United Kingdom (extends to the Isle of Man and the British overseas territories
Pt 3 c. 4 s. 96(1A)-(1A)(b): United Kingdom
Law In Force
[ 97 Power to use reasonable force

(1) Where a power is conferred on any person by or under this Part, he may use reasonable force,
if necessary, in the exercise of the power.
(2) Subsection (1) does not apply in relation to powers conferred by Chapter 3A of this Part.
]1
Notes
1
Existing s.97 renumbered as s.97(1) and s.97(2) inserted by Armed Forces Act 2011 c. 18 Sch.4 para.8 (November
1, 2013)
Amendments Pending
Commencement
Extent
Pt 3 c. 4 s. 97(1)-(2): United Kingdom
PART 4
CUSTODY
CHAPTER 1
CUSTODY WITHOUT CHARGE
Law In Force
98 Limitations on custody without charge

(1) Except in accordance with sections 99 to 102, a person arrested under section 67 may not be
kept in service custody without being charged with a service offence.
(2) If at any time the commanding officer of a person who is kept in service custody without being
charged with a service offence–
(a) becomes aware that the grounds for keeping that person in service custody have ceased
to apply, and
(b) is not aware of any other grounds on which continuing to keep that person in service
custody could be justified under this Act,
the commanding officer must, subject to subsection (3), order his immediate release from service
custody.
(3) A person who appears to his commanding officer to have been unlawfully at large when he was
arrested may not be released under subsection (2).
(4) Section 301(4) (cases where persons temporarily released from service detention are unlawfully
at large) applies for the purposes of this section.
Amendments Pending
Commencement
Extent
Law In Force
99 Authorisation by commanding officer of custody without charge

(1) Where a person is arrested under section 67–
(a) the arrest, and
(b) any grounds on which he is being kept in service custody without being charged with
a service offence,
must be reported as soon as practicable to his commanding officer.
(2) Until such a report is made, the person may be kept in service custody without being charged
with a service offence, but only if the person who made the arrest has reasonable grounds for
believing that keeping him in service custody without being charged is necessary–
(a) to secure or preserve evidence relating to a service offence for which he is under arrest;
or
(b) to obtain such evidence by questioning him.
(3) After receiving a report under subsection (1), the commanding officer must as soon as practicable
determine–
(a) whether the requirements of subsection (4) are satisfied; and
(b) if so, whether to exercise his powers under that subsection;
and the person to whom the report relates may be kept in service custody for such period as is
necessary to enable the commanding officer to make that determination.
(4) If, in relation to the person to whom the report relates, the commanding officer has reasonable
grounds for believing–
(a) that keeping him in service custody without being charged with a service offence is
necessary to secure or preserve evidence relating to a service offence for which he is under
arrest or to obtain such evidence by questioning him, and
(b) that the investigation is being conducted diligently and expeditiously,
he may authorise the keeping of that person in service custody.
(5) Subject to subsection (6), an authorisation under subsection (4) ends not more than 12 hours
after it is given.
(6) Except in accordance with section 101 or 102, a person may not be kept in service custody later
than 48 hours after the arrest without being charged with a service offence.
(7) Where a person, while kept in service custody without being charged with a service offence, is
arrested under section 67 for another service offence–
(a) subsections (1) to (5) apply in relation to the arrest for that other offence;
(b) the reference in subsections (2)(a) and (4)(a) to a service offence for which he is under
arrest includes the service offence for which he was originally arrested;
(c) the reference in subsection (6) to the arrest is to be read as a reference to the arrest for
the service offence for which he was originally arrested; and
(d) the last authorisation under subsection (4) (if any) given in relation to him ceases to
have effect (and accordingly section 100 ceases to apply in relation to that authorisation).
Amendments Pending
Commencement
Pt 4 c. 1 s. 99(1)-(7)(d): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Pt 4 c. 1 s. 99(1)-(7)(d): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend
Law In Force
100 Review of custody by commanding officer

(1) The commanding officer of a person kept in service custody in accordance with section 99
must, subject to subsections (3) and (4), review the keeping of that person in service custody not
later than the end of the period for which it is authorised.
(2) Subsections (4) and (5) of section 99 apply on each review under this section as they apply
where a report is received under section 99(1).
(3) A review may be postponed if, having regard to all the circumstances prevailing at the expiry
of the last authorisation under section 99(4), it is not practicable to carry out the review at that time.
(4) A review may also be postponed if at the expiry of the last authorisation under section 99(4)–
(a) the person in service custody is being questioned and the commanding officer is satisfied
that an interruption of the questioning for the purpose of carrying out the review would
prejudice the investigation in connection with which the person is being questioned; or
(b) the commanding officer is not readily available.
(5) Subsection (4) does not limit the power to postpone under subsection (3).
(6) If a review is postponed under subsection (3) or (4)–

(a) it must be carried out as soon as practicable after the expiry of the last authorisation
under section 99(4); and
(b) the keeping in service custody of the person to whom the review relates is by virtue of
this paragraph authorised until that time.
Amendments Pending
Commencement
Extent
Pt 4 c. 1 s. 100(1)-(6)(b): United Kingdom (extends to the Isle of Man and the British overseas territories and may
Law In Force
101 Extension by judge advocate of custody without charge

(1) If, on an application by the commanding officer of a person arrested under section 67, a judge
advocate is satisfied that there are reasonable grounds for believing that the continued keeping of
that person in service custody is justified, the judge advocate may by order authorise the keeping
of that person in service custody.
(2) A judge advocate may not hear an application under this section unless the person to whom it
relates–
(a) has been informed in writing of the grounds for the application; and
(b) has been brought before him for the hearing.
(3) The person to whom the application relates is entitled to be legally represented at the hearing
and, if he is not so represented but wishes to be so represented–
(a) the judge advocate must adjourn the hearing to enable him to obtain representation; and
(b) he may be kept in service custody during the adjournment.
(4) The period for which a judge advocate, on an application under this section, may authorise the
keeping of a person in service custody is such period, ending not more than 96 hours after the arrest,
as he considers appropriate having regard to the evidence before him.
arrested under section 67 for another service offence, the reference in subsection (4) to the arrest
is to be read as a reference to the arrest for the service offence for which he was originally arrested.
(6) For the purposes of this section and section 102, the continued keeping of a person in service
custody is justified only if–
(a) keeping him in custody without being charged with a service offence is necessary to
secure or preserve evidence relating to a service offence for which he is under arrest or to
obtain such evidence by questioning him; and
(b) the investigation is being conducted diligently and expeditiously.
Amendments Pending
Commencement
Extent
Law In Force
102 Further provision about applications under section 101

(1) Subject to subsection (2), an application under section 101 may be made–
(a) at any time before the end of 48 hours after the arrest; or
(b) if it is not practicable for the application to be heard before the end of that period, as
soon as practicable thereafter but not more than 96 hours after the arrest.
(2) Where subsection (1)(b) applies, an authorisation on a review under section 100 may be for a
period ending more than 48 hours after the arrest, but may not be–
(a) for a period of more than six hours; or
(b) for a period ending more than 96 hours after the arrest.
(3) If–
(a) an application under section 101 is made more than 48 hours after the arrest, and
(b) it appears to the judge advocate that it would have been reasonable for the commanding
officer to make the application before the end of that period,
the judge advocate must refuse the application.
(4) Where on an application under section 101 relating to any person the judge advocate is not
satisfied that there are reasonable grounds for believing that the continued keeping of that person
in service custody is justified, he must–
(a) refuse the application; or
(b) adjourn the hearing of it until a time not later than 48 hours after the arrest.
(5) The person to whom the application relates may be kept in service custody during the
adjournment.
(6) Where a judge advocate refuses an application under section 101 at any time less than 48 hours
after the arrest, he may direct that the person to whom it relates must, without delay, be charged
with a service offence or released from service custody.
(7) Where a judge advocate refuses an application under section 101 at any later time, he must
direct that the person to whom it relates must, without delay, be charged with a service offence or
released from service custody.
arrested under section 67 for another service offence, any reference in this section to the arrest is
to be read as a reference to the arrest for the service offence for which he was originally arrested.
Amendments Pending
Commencement
Extent
Law In Force
103 Custody without charge: other cases

Sections 98 to 102 apply–
(a) where a person is transferred to or taken into service custody under section 313(4),
315(4), 316(3) or 317(4), and
(b) in any other case where a person arrested by a member of a UK police force or overseas
police force is transferred to service custody,
as they apply where a person is arrested under section 67, subject to such modifications as the
Secretary of State may by order prescribe.
Amendments Pending
Commencement
Extent
Law In Force
104 Custody without charge: supplementary

(1) The Secretary of State may by regulations make provision–
(a) for the delegation by the commanding officer of a person in service custody of any of
the commanding officer's functions under sections 98 to 102;
(b) with respect to circumstances in which a person kept in service custody without being
charged with a service offence is to be informed of, or given an opportunity to make
representations about, any matter;
(c) for the keeping of written records relating to compliance with any requirement of sections
69(3)(a) and 98 to 102 or of regulations under paragraph (b).
(2) Any reference in sections 99 to 102 to a period of time is to be treated as approximate only.
Amendments Pending
Commencement
Extent
CHAPTER 2
CUSTODY ETC AFTER CHARGE
Custody after charge

Law In Force
105 Custody after charge

(1) Where a person (referred to in this section and sections 106 to 109 as “the accused”) is kept in
service custody after being charged with a service offence, he must be brought before a judge
advocate as soon as practicable.
(2) At a hearing under subsection (1), the judge advocate may by order authorise the keeping of
the accused in service custody, but only if one or more of conditions A to C in section 106 are met.
(3) The period for which a judge advocate may, by an order under subsection (2), authorise the
keeping of the accused in service custody is such period, ending not later than eight days after the
day on which the order is made, as he considers appropriate having regard to the evidence before
him.
(4) For the purpose of deciding whether condition A in section 106 is met, the judge advocate must
have regard to such of the following considerations as appear to him to be relevant–
(a) the nature and seriousness of the offence with which the accused is charged (and the
probable method of dealing with him for it),
(b) the character, antecedents, associations and social ties of the accused,
(c) the accused's behaviour on previous occasions while charged with a service offence
and released from service custody or while on bail in criminal proceedings, and
(d) the strength of the evidence that the accused committed the offence,
as well as to any other considerations which appear to be relevant.
(5) If–
(a) the accused is charged with an offence under section 42 as respects which the
corresponding offence under the law of England and Wales is–
(i) murder,
(ii) manslaughter,
(iii) an offence under section 1 of the Sexual Offences Act 2003 (c. 42) (rape), or
(iv) an attempt to commit an offence within sub-paragraph (i) or (iii),
(b) representations are made as to any of the matters mentioned in condition A in section
106, and
(c) the judge advocate decides not to authorise the keeping of the accused in service custody,
the judge advocate must state the reasons for his decision and must cause those reasons to be
included in the record of the proceedings.
(6) An order under subsection (2) does not authorise the keeping of the accused in service custody–
(a) if the accused is subsequently released from service custody, at any time after his release;
or
(b) at any time after he is sentenced in respect of the offence with which he is charged.
(7) Subsection (1) does not apply where the accused is charged with a service offence at a time
when he is kept in service custody by reason of a sentence passed in respect of a service offence
or of an order under subsection (2), unless that reason ceases to apply.
Amendments Pending
Commencement
Extent
Law In Force
106 Conditions A to D
(1) Condition A is that the judge advocate is satisfied that there are substantial grounds for believing
that the accused, if released from service custody, would–
(a) fail to attend any hearing in the proceedings against him;
(b) commit an offence while released; or
(c) interfere with witnesses or otherwise obstruct the course of justice, whether in relation
to himself or any other person.
(2) Condition B is that the judge advocate is satisfied that the accused should be kept in service
custody for his own protection or, if he is aged under 17, for his own welfare or in his own interests.
(3) Condition C is that the judge advocate is satisfied that, because of lack of time since the accused
was charged, it has not been practicable to obtain sufficient information for the purpose of deciding
whether condition A or B is met.
(4) Condition D is that the accused's case has been adjourned for inquiries or a report and it appears
to the judge advocate that it would be impracticable to complete the inquiries or make the report
without keeping the accused in service custody.
Amendments Pending
Commencement
Extent
Law In Force
107 Release from custody after charge

(1) Subsections (2) and (3) apply where, at a hearing under section 105(1), the judge advocate does
not authorise keeping the accused in service custody.
(2) Subject to subsection (3), the accused must be released from service custody without delay.
(3) The accused may be required to comply, before release or later, with such requirements as
appear to the judge advocate to be necessary–
(a) to secure his attendance at any hearing in the proceedings against him;
(b) to secure that he does not commit an offence while released from custody;
(c) to secure that he does not interfere with witnesses or otherwise obstruct the course of
justice, whether in relation to himself or any other person; or
(d) for his own protection or, if he is aged under 17, for his own welfare or in his own
interests.
(4) On an application made–
(a) by or on behalf of the accused, or
(b) by the commanding officer of the accused,
any requirement imposed under subsection (3) (including such a requirement as previously varied
under this subsection) may be varied or discharged by a judge advocate.
(5) A person on whom a requirement has been imposed by virtue of subsection (3)(a) commits an
offence if, without reasonable excuse, he fails to attend any hearing to which the requirement relates.
exceed two years.
Amendments Pending
Commencement
Extent
Law In Force
108 Review of custody after charge

(1) Where the keeping of the accused in service custody is authorised by an order under section
105(2), it must be reviewed by a judge advocate not later than the end of the period for which it is
authorised.
(2) If at any time it appears to the accused's commanding officer that the grounds on which such
an order was made have ceased to exist, he must–
(a) release the accused from service custody; or
(b) request a review.
(3) Where a request is made under subsection (2)(b), a review must be carried out as soon as
practicable.
(4) Sections 105(2) to (6), 106 and 107 apply in relation to a review as they apply in relation to a
hearing under section 105(1); but the application of section 105(3) is subject to subsection (7).
(5) At the first review the accused may support an application for release from service custody with
any argument as to fact or law (whether or not he has advanced that argument previously).
(6) At subsequent reviews the judge advocate need not hear arguments as to fact or law which have
been heard previously.
(7) On a review at a hearing at which the accused is legally represented, the judge advocate may,
if the accused consents, authorise the keeping of the accused in service custody for a period of not
more than 28 days.
(8) In this section “review” means a review under subsection (1).
Amendments Pending
Commencement
Extent
Law In Force
109 Custody during proceedings of Court Martial or Service Civilian Court

(1) In relation to a review under section 108(1) which takes place between–
(a) the arraignment of the accused before the Court Martial or the Service Civilian Court,
and
(b) the conclusion of proceedings before the court,

section 105(2) to (6) (as applied by section 108(4)) apply with the following modifications.
(2) The reference in section 105(2) to conditions A to C is to be read as a reference to conditions
A to D.
(3) Where the accused is awaiting sentence–
(a) references in section 105(4)(a) and (5) to an offence with which the accused is charged
are to be read as references to the offence for which he is awaiting sentence; and
(b) section 105(4)(d) does not apply.
Amendments Pending
Commencement
Extent
Arrest after charge
Law In Force
110 Arrest after charge or during proceedings by order of commanding officer

(1) The commanding officer of a person who–
(a) has been charged with, or is awaiting sentence for, a service offence, and
(b) is not in service custody,
may, if satisfied that taking that person into service custody is justified, give orders for his arrest.
(2) For the purposes of this section, taking a person into service custody is justified if there are
reasonable grounds for suspecting that, if not taken into service custody, he would–
(a) fail to attend any hearing in the proceedings against him;
(b) commit an offence; or
(c) interfere with witnesses or otherwise obstruct the course of justice, whether in relation
to himself or any other person.
(3) Taking a person into service custody is also justified for the purposes of this section if–
(a) he has failed to attend any hearing in the proceedings against him;
(b) there are reasonable grounds for suspecting that he should be taken into service custody
for his own protection or, if he is aged under 17, for his own welfare or in his own interests;
or
(c) there are reasonable grounds for suspecting that–

(i) if not taken into service custody, he would fail to comply with a requirement
imposed under section 107(3); or
(ii) he has failed to comply with such a requirement.
(4) A person arrested under subsection (1) who is kept in service custody–
(a) must as soon as is practicable be brought before a judge advocate for a review of whether
he should continue to be kept in service custody; and
(b) on that review is to be dealt with as on a review under section 108(1) (see sections
108(4) to (8) and 109).
(5) Where a power of arrest is conferred on any person by virtue of this section, he may use
reasonable force, if necessary, in the exercise of the power.
Amendments Pending
Commencement
Extent
Law In Force
111 Arrest during proceedings at direction of court

(1) Where–
(a) a person has been arraigned before the Court Martial or the Service Civilian Court, and
(b) proceedings before the court have not concluded,
a judge advocate, if satisfied that taking him into service custody is justified, may direct the arrest
of that person.
(2) Any person with power to arrest that person for a service offence has the same power, exercisable
in the same way, to arrest him pursuant to a direction under subsection (1).
(3) Subsections (2) and (3) of section 110 apply for the purposes of this section.
(4) A person arrested under this section who is kept in service custody–
(a) must as soon as is practicable be brought before a judge advocate for a review of whether
he should continue to be kept in service custody; and
(b) on that review is to be dealt with as on a review under section 108(1) (see sections
108(4) to (8) and 109).
Amendments Pending
Commencement
Extent
CHAPTER 3
CUSTODY PROCEEDINGS RULES
Law In Force
112 Custody proceedings rules

(1) The Secretary of State may make rules with respect to proceedings–
(a) on an application under section 101;
(b) under section 105(1);
(c) on an application under section 107(4);
(d) on a review under section 108(1), 110(4), 111(4) or 171(2).
(2) Rules under this section may in particular make provision–
(a) with respect to arrangements preliminary to the proceedings;
(b) with respect to the representation of the person to whom the proceedings relate;
(c) with respect to evidence, including the admissibility of evidence;
(d) for procuring the attendance of witnesses;
(e) with respect to the immunities and privileges of witnesses;
(f) with respect to oaths and affirmations;
(g) with respect to circumstances in which a review under section 108(1), 110(4), 111(4)
or 171(2) may be carried out without a hearing;
(h) with respect to the use for the purposes of the proceedings of live television or telephone
links or similar arrangements, including the use of such links or other arrangements as a
means of satisfying any requirement imposed by this Act for a person to be brought before
a judge advocate;
(i) for the appointment of persons to discharge administrative functions under the rules.
Amendments Pending
Commencement
Pt 4 c. 3 s. 112(1)-(2)(i): March 28, 2009 for the purpose of enabling the Secretary of State to make orders, regulations
Extent
Pt 4 c. 3 s. 112(1)-(2)(i): United Kingdom (extends to the Isle of Man and the British overseas territories and may
PART 5
INVESTIGATION, CHARGING AND MODE OF TRIAL
CHAPTER 1
INVESTIGATION
Duties of commanding officers
Law In Force
113 CO to ensure service police aware of possibility serious offence committed

(1) If an officer becomes aware of an allegation or circumstances within subsection (2), he must
as soon as is reasonably practicable ensure that a service police force is aware of the matter.
(2) An allegation is, or circumstances are, within this subsection if it or they would indicate to a
reasonable person that a Schedule 2 offence has or may have been committed by a relevant person.
(3) In subsection (2) “relevant person” means a person whose commanding officer is the officer
mentioned in subsection (1).
(4) In this Chapter “Schedule 2 offence” means a service offence listed in Schedule 2.
(5) The Secretary of State may by order amend Schedule 2.
Amendments Pending
Commencement
Extent
Law In Force
114 CO to ensure service police aware of certain circumstances

(1) If an officer of a prescribed description becomes aware of circumstances of a prescribed
description, he must as soon as is reasonably practicable ensure that a service police force is aware
of the matter.
(2) In this section “prescribed” means prescribed by regulations under section 128.
Amendments Pending
Commencement
Extent
Law In Force
115 Duty of CO with respect to investigation of service offences

(a) an officer becomes aware of an allegation or circumstances within subsection (2); and
(b) the officer is not required by section 113(1) or 114(1) to ensure that a service police
force is aware of the matter.
(2) An allegation is, or circumstances are, within this subsection if it or they would indicate to a
reasonable person that a service offence has or may have been committed by a relevant person.
(3) In subsection (2) “relevant person” means a person whose commanding officer is the officer
mentioned in subsection (1).
(4) The officer must either–
(a) ensure that the matter is investigated in such way and to such extent as is appropriate;
or
(b) ensure, as soon as is reasonably practicable, that a service police force is aware of the
matter.
(5) Subsection (4) does not apply if the matter has already been investigated in such way and to
such extent as is appropriate.
Amendments Pending
Commencement
Extent
[ Provost Marshal's duty in relation to independence of investigations ] 1
Notes
1
Added by Armed Forces Act 2011 c. 18 s.3 (April 2, 2012)
Law In Force
[ 115A Provost Marshal's duty in relation to independence of investigations

(1) This section applies in relation to each service police force.
(2) The Provost Marshal of the force has a duty, owed to the Defence Council, to seek to ensure
that all investigations carried out by the force are free from improper interference.
(3) “Improper interference”includes, in particular, any attempt by a person who is not a service
policeman to direct an investigation which is being carried out by the force.
]1
Notes
1
Amendments Pending
Pt 5 c. 1 s. 115A: repealed by Armed Forces Act 2006 c. 52 Pt 19 c. 4 s. 382 (November 2, 2016: repeal originally
Extent
Pt 5 c. 1 s. 115A(1)-(3): United Kingdom
Duty of service policeman following investigation
Law In Force
116 Referral of case following investigation by service or civilian police

(a) a service police force has investigated an allegation which indicates, or circumstances
which indicate, that a service offence has or may have been committed; or
(b) a UK police force or overseas police force has investigated such an allegation or such
circumstances and has referred the matter to a service police force.
(2) If–
(a) a service policeman considers that there is sufficient evidence to charge a person with
a Schedule 2 offence, or
(b) a service policeman considers that there is sufficient evidence to charge a person with
any other service offence, and is aware of circumstances of a description prescribed by
regulations under section 128 for the purposes of this paragraph,
he must refer the case to the Director of Service Prosecutions (“the Director”).
(3) If–
(a) a service policeman considers that there is sufficient evidence to charge a person with
a service offence, and
(b) subsection (2) does not apply,
he must refer the case to the person's commanding officer.
[ (4) Subsection (4A) applies if—
(a) the allegation or circumstances would indicate to a reasonable person that a Schedule
2 offence has or might have been committed, or
(b) any circumstances investigated are circumstances of a description prescribed by
regulations under section 128 for the purposes of section 114,
and a service policeman proposes not to refer the case to the Director under subsection (2).
(4A) If this subsection applies, the service policeman must consult the Director as soon as is
reasonably practicable (and before any referral of the case under subsection (3)). ] 1
(5) For the purposes of subsections (2) and (3) there is sufficient evidence to charge a person with
an offence if, were the evidence suggesting that the person committed the offence to be adduced
in proceedings for the offence, the person could properly be convicted.
Notes
1
S.116(4) and (4A) substituted for s.116(4) by Armed Forces Act 2011 c. 18 Sch.3 para.5(1) (April 2, 2012)
Amendments Pending

Pt 5 c. 1 s. 116(2)(a): words substituted by Armed Forces Bill 2015 (HC Bill 70) s. 3(1)(a) (date to be appointed)
Pt 5 c. 1 s. 116(2)(b): words substituted by Armed Forces Bill 2015 (HC Bill 70) s. 3(1)(b) (date to be appointed)
Pt 5 c. 1 s. 116(3)(a): word repealed by Armed Forces Bill 2015 (HC Bill 70) s. 3(2)(a) (date to be appointed)
Pt 5 c. 1 s. 116(3)(c): added by Armed Forces Bill 2015 (HC Bill 70) s. 3(2)(b) (date to be appointed)
Pt 5 c. 1 s. 116(4): words inserted by Armed Forces Bill 2015 (HC Bill 70) s. 3(3)(b) (date to be appointed)
Pt 5 c. 1 s. 116(4)(a): words substituted by Armed Forces Bill 2015 (HC Bill 70) s. 3(3)(a) (date to be appointed)
Pt 5 c. 1 s. 116(5): existing text renumbered as s.116(5)(a), words substituted and s.116(5)(b) is inserted by Armed
Forces Bill 2015 (HC Bill 70) s. 3(4) (date to be appointed)
Commencement
Extent
Pt 5 c. 1 s. 116(1)-(4)(b), (5): United Kingdom (extends to the Isle of Man and the British overseas territories and may
Law In Force
117 Section 116: position where investigation is of multiple offences or offenders

(1) This section applies where the investigation mentioned in section 116(1) relates to two or more
incidents (or alleged incidents) or the conduct (or alleged conduct) of two or more persons.
(2) Each person's conduct in relation to each incident is to be regarded as giving rise to a separate
case.
(3) If a case is referred under section 116(2) to the Director of Service Prosecutions–
(a) any other case of a description prescribed by regulations under section 128 for the
purposes of this paragraph is to be treated as referred under section 116(2) to the Director
of Service Prosecutions; and
(b) nothing in [ 116(3) to (4A) ] 1 applies in relation to any case treated as so referred.
Notes
1
Amendments Pending

Pt 5 c. 1 s. 117(3): s.117(3)-(6) substituted for s.117(3) by Armed Forces Bill 2015 (HC Bill 70) s. 3(5) (date to be
appointed)
Commencement
Extent
Law In Force
118 Duty of service policeman to notify CO of referral to DSP

(1) This section applies where a service policeman considers that there is sufficient evidence to
charge a person (“A”) with a service offence and refers the case under section 116(2) to the Director
of Service Prosecutions.
(2) The service policeman must as soon as reasonably practicable after referring the case–
(a) notify A's commanding officer of the referral; and
(b) provide prescribed documents to A's commanding officer.
(3) A notification under subsection (2)(a) must specify–
(a) the service offence the service policeman considers there is sufficient evidence to charge
A with; and
(b) where that offence is not a Schedule 2 offence, the circumstances he is aware of that
are of a description prescribed as mentioned in section 116(2)(b).
(a) any reference to there being sufficient evidence to charge a person with a service offence
is to be read in accordance with section 116(5);
(b) “prescribed documents” means documents prescribed for the purposes of subsection
(2)(b) by regulations under section 128.
(5) Section 117(3)(a) (certain cases to be treated as referred under section 116(2)) does not apply
for the purposes of this section.
Amendments Pending

Pt 5 c. 1 s. 118(1): word inserted by Armed Forces Bill 2015 (HC Bill 70) s. 3(6)(a) (date to be appointed)
Pt 5 c. 1 s. 118(3): s.118(3)-(3A) substituted for s.118(3) by Armed Forces Bill 2015 (HC Bill 70) s. 3(6)(b) (date to
be appointed)
Pt 5 c. 1 s. 118(4)(a): words substituted by Armed Forces Bill 2015 (HC Bill 70) s. 3(6)(c) (date to be appointed)
Pt 5 c. 1 s. 118(4)(aa): added by Armed Forces Bill 2015 (HC Bill 70) s. 3(6)(d) (date to be appointed)
Pt 5 c. 1 s. 118(5): repealed by Armed Forces Bill 2015 (HC Bill 70) s. 3(6)(e) (date to be appointed)
Commencement
Extent
CHAPTER 2
CHARGING AND MODE OF TRIAL
Powers of charging etc
Law In Force
119 Circumstances in which CO has power to charge etc

(1) This section sets out the circumstances in which a commanding officer has initial powers (defined
by section 120) in respect of a case.
(2) If a commanding officer of a person becomes aware of an allegation which indicates, or
circumstances which indicate, that the person has or may have committed a service offence, he has
initial powers in respect of the case.
(3) Subsection (2) does not apply if the allegation or circumstances–
(a) give or have given rise to the duty under section 113(1) or 114(1);
(b) are being or have been investigated by a service police force; or

(c) are being or have been investigated by a UK police force or overseas police force, and
it appears to the commanding officer that that force may refer the matter to the service
police.
(4) A commanding officer has initial powers in respect of a case which a service policeman has
referred to him under section 116(3) (referral of case following investigation by service or civilian
police).
(5) A commanding officer has initial powers in respect of a case which the Director of Service
Prosecutions has referred to him under section 121(4) (referral of case by DSP).
(6) If an allegation or circumstances mentioned in subsection (2) relate to two or more incidents
(or alleged incidents) or the conduct (or alleged conduct) of two or more persons, each person's
conduct in relation to each incident is to be regarded as giving rise to a separate case.
Amendments Pending
Commencement
Extent
Law In Force
120 Power of CO to charge etc

(1) Subsections (2) and (3) apply where under section 119 a commanding officer has initial powers
in respect of a case.
(2) The officer may bring, in respect of the case, one or more charges that are capable of being
heard summarily (see section 52).
(3) The officer may refer the case to the Director of Service Prosecutions.
(4) A charge brought under subsection (2) is to be regarded for the purposes of this Part as allocated
for summary hearing.
(5) Where an officer refers a case under subsection (3), any other case–
(a) which is of a description prescribed by regulations under section 128 for the purposes
of this subsection, and
(b) as respects which the officer has initial powers,
is to be treated as referred under subsection (3) to the Director of Service Prosecutions.
Amendments Pending

Pt 5 c. 2 s. 120(5): words substituted by Armed Forces Bill 2015 (HC Bill 70) s. 4(1)(a) (date to be appointed)
Pt 5 c. 2 s. 120(5): words repealed by Armed Forces Bill 2015 (HC Bill 70) s. 4(1)(b) (date to be appointed)
Commencement
Extent
Law In Force
121 Power of DSP to direct bringing of charge etc

(1) The powers in subsections (2) to (5) are exercisable by the Director of Service Prosecutions
(“the Director”) in respect of a case which has been referred to him under–
(a) section 116(2) (referral of case following investigation by service or civilian police);
or
(b) section 120(3) (referral of case by CO).
(2) The Director may direct the commanding officer of the person concerned to bring, in respect
of the case, such charge or charges against him as may be specified in the direction.
(3) If–
(a) the Director makes a direction under subsection (2), and
(b) the Service Civilian Court has jurisdiction to try the charge specified in the direction,
the Director may allocate the charge for trial by that court.
(4) The Director may refer the case to the commanding officer of the person concerned, but only
if he has decided that it would not be appropriate to make a direction under subsection (2) in respect
of it.
(5) The Director may make a direction under section 127(1) or (2) (directions barring further
proceedings) in respect of any offence as regards which he could make a direction under subsection
(2).
Amendments Pending

Pt 5 c. 2 s. 121: words inserted by Armed Forces Bill 2015 (HC Bill 70) s. 5(1)(e) (date to be appointed)
Pt 5 c. 2 s. 121(1)(aa): added by Armed Forces Bill 2015 (HC Bill 70) s. 3(7) (date to be appointed)
Pt 5 c. 2 s. 121(1)(b): words inserted by Armed Forces Bill 2015 (HC Bill 70) s. 4(2) (date to be appointed)
Pt 5 c. 2 s. 121(1A): added by Armed Forces Bill 2015 (HC Bill 70) s. 5(1)(b) (date to be appointed)
Pt 5 c. 2 s. 121(1B): added by Armed Forces Bill 2015 (HC Bill 70) s. 5(1)(b) (date to be appointed)
Pt 5 c. 2 s. 121(4): words inserted by Armed Forces Bill 2015 (HC Bill 70) s. 5(1)(c) (date to be appointed)
Pt 5 c. 2 s. 121(5): words inserted by Armed Forces Bill 2015 (HC Bill 70) s. 5(1)(d) (date to be appointed)
Commencement
Extent
Law In Force
122 Charges brought at direction of DSP

(1) Where a direction under section 121(2) is given to an officer, he must bring the charge or charges
specified in the direction.
(2) A charge brought as a result of such a direction–
(a) is to be regarded for the purposes of this Part as allocated for Service Civilian Court
trial if the Director of Service Prosecutions allocated it (under section 121(3)) for trial by
that court;
(b) otherwise, is to be regarded for the purposes of this Part as allocated for Court Martial
trial.
Amendments Pending

Pt 5 c. 2 s. 122: words inserted by Armed Forces Bill 2015 (HC Bill 70) s. 5(2)(c) (date to be appointed)
Pt 5 c. 2 s. 122(2)(a): words substituted by Armed Forces Bill 2015 (HC Bill 70) s. 5(2)(b) (date to be appointed)
Commencement
Extent
Powers of commanding officer or DSP after charge etc
Law In Force
123 Powers of CO after charge

(1) This section applies where a charge against a person (“the accused”) is for the time being
regarded for the purposes of this Part as allocated for summary hearing.
(2) The accused's commanding officer may–
(a) amend the charge;
(b) substitute for the charge another charge against the accused;
(c) bring an additional charge against the accused;
(d) discontinue proceedings on the charge;
(e) refer the charge to the Director of Service Prosecutions.
(3) The powers under subsection (2) may be exercised before or after the start of any summary
hearing of the charge.
(4) Any amended, substituted or additional charge under subsection (2)(a) to (c) must be capable
of being heard summarily (see section 52).
(5) Any additional charge brought under subsection (2)(c) must be in respect of the case as respects
which the charge mentioned in subsection (1) was brought.
(6) Any amended, substituted or additional charge under subsection (2)(a) to (c) is to be regarded
for the purposes of this Part as allocated for summary hearing.
(7) Where a charge is referred under subsection (2)(e) to the Director of Service Prosecutions, the
charge and any other charge brought in respect of the same case are to be regarded for the purposes
of this Part as allocated for Court Martial trial.
Amendments Pending
Commencement
Extent
Law In Force
124 CO to hear charge allocated for summary hearing

(1) This section applies in respect of a charge which is regarded for the purposes of this Part as
allocated for summary hearing.
(2) The accused's commanding officer must hear the charge summarily unless–
(a) he exercises his powers under section 123(2)(b), (d) or (e) in respect of the charge
(substitution of charge, discontinuance of proceedings, or referral to DSP); or
(b) the accused elects Court Martial trial of the charge (see section 129).
(3) Subsection (2) is subject to sections 52 (charges capable of being heard summarily) and 54
(charges which may be heard summarily only with permission or by senior officer).
Amendments Pending
Commencement
Extent
Law In Force
125 Powers of DSP in respect of charge allocated for Court Martial trial
regarded for the purposes of this Part as allocated for Court Martial trial.
(2) The Director of Service Prosecutions may–
(e) refer the charge to the accused's commanding officer, but only if the charge is capable
of being heard summarily (see section 52);
(f) allocate the charge for trial by the Service Civilian Court, but only if the charge is one
that that court has jurisdiction to try;
(g) make a direction under section 127(1) or (2) (directions barring further proceedings)
in respect of the offence charged or any offence that could be charged under paragraph (c)
above.
(3) Court Martial rules may restrict the exercise of powers under subsection (2)–
(a) after arraignment by the Court Martial; [ or ] 1
(b) after referral of the charge to the Court Martial under section 279(4) or 280(3) (referral
by SCC) [ . ] 2
(c) […]2
(4) […]2
for the purposes of this Part as allocated for Court Martial trial.
(7) Any charge referred under subsection (2)(e) to a commanding officer is to be regarded for the
purposes of this Part as allocated for summary hearing.
(8) Any charge allocated under subsection (2)(f) is to be regarded for the purposes of this Part as
allocated for Service Civilian Court trial.
Notes
1
Word inserted by Armed Forces Act 2011 c. 18 Sch.3 para.6(2)(a) (April 2, 2012)
2
Repealed by Armed Forces Act 2011 c. 18 Sch.5 para.1 (April 2, 2012 as SI 2012/669)
Amendments Pending
Commencement
Pt 5 c. 2 s. 125(1)-(2)(g), (5)-(8): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Law In Force
126 Powers of DSP in respect of charge allocated for SCC trial

regarded for the purposes of this Part as allocated for Service Civilian Court trial.
(2) The Director of Service Prosecutions may–
(e) allocate the charge for trial by the Court Martial;
(f) make a direction under section 127(1) or (2) (directions barring further proceedings) in
respect of the offence charged or any offence that could be charged under paragraph (c)
above.
(3) SCC rules may restrict the exercise, after a decision by the Service Civilian Court under section
279 as to whether it should try the charge, of powers under subsection (2).
(4) Any amended, substituted or additional charge under subsection (2)(a) to (c) must be one that
the Service Civilian Court has jurisdiction to try.
for the purposes of this Part as allocated for Service Civilian Court trial.
(7) Any charge allocated under subsection (2)(e) is to be regarded for the purposes of this Part as
allocated for Court Martial trial.
Amendments Pending
Commencement
Pt 5 c. 2 s. 126(1)-(2)(f), (4)-(7): October 31, 2009 (SI 2009/1167 art. 4)
Extent
CHAPTER 3
SUPPLEMENTARY
Law In Force
127 Directions by DSP barring further proceedings

(1) A direction under this subsection is a direction that for the purposes of section 63 the person
specified in the direction is to be treated as acquitted of the service offence so specified.
(2) A direction under this subsection is a direction that for the purposes of sections 63 and 64 the
person specified in the direction is to be treated as acquitted of the service offence so specified.
Amendments Pending
Commencement
Extent
Law In Force
128 Regulations for purposes of Part 5

(1) The Secretary of State may by regulations make such provision as he considers necessary or
expedient for the purposes of any provision of this Part.
(2) Regulations under this section may in particular make provision–
(a) for the delegation by a commanding officer of any of his functions;
(b) as to the bringing, amendment and substitution of charges;
(c) as to the referral of cases and charges, including provision requiring a commanding
officer in prescribed circumstances to refer a case or charge to the Director of Service
Prosecutions;
(d) as to the examination of witnesses for the purpose of obtaining information of assistance
to the Director of Service Prosecutions in connection with his functions under Chapter 2;
(e) requiring prescribed persons to be notified of prescribed matters.
(3) In subsection (2) “prescribed” means prescribed by regulations under this section.
Amendments Pending
Commencement
Extent
PART 6
SUMMARY HEARING AND APPEALS AND REVIEW
CHAPTER 1
SUMMARY HEARING
Right to elect Court Martial trial

Law In Force
129 Right to elect Court Martial trial

(1) Before hearing a charge summarily the commanding officer must, in the way specified by rules
under section 153, give the accused the opportunity of electing Court Martial trial of the charge.
(2) If the accused elects Court Martial trial of the charge–
(a) the commanding officer must refer the charge to the Director of Service Prosecutions;
and
(b) the charge is to be regarded for the purposes of Part 5 as allocated for Court Martial
trial.
(3) Where two or more charges against the accused are to be heard summarily together, an election
for Court Martial trial in respect of any of the charges takes effect as an election in respect of all
of them.
[ (4) Subsection (5) applies if an opportunity to elect Court Martial trial of a charge (“the original
charge”) has been given under subsection (1) and subsequently—
(a) the charge is amended;
(b) another charge is substituted for it; or
(c) an additional charge is brought.
(5) Subsection (1) applies in relation to the amended, substituted or additional charge; and if the
amendment, substitution or addition takes place after the start of the summary hearing, that subsection
has effect in relation to the charge as if the reference to hearing a charge summarily were to
proceeding with the hearing.
(6) In subsection (4)—
(a) “amended” means amended under section 123(2)(a) or, in the case of a charge referred
to the Director of Service Prosecutions otherwise than on election for Court Martial trial,
amended under section 125(2)(a) and referred to the commanding officer under section
125(2)(e);
(b) “substituted” means substituted under section 123(2)(b) or, where the original charge
was referred to the Director of Service Prosecutions otherwise than on election for Court
Martial trial, substituted under section 125(2)(b) and referred to the commanding officer
under section 125(2)(e);
(c) “brought”, in relation to an additional charge, means brought under section 123(2)(c)
or, where the original charge was referred to the Director of Service Prosecutions otherwise
than on election for Court Martial trial, brought under section 125(2)(c) and referred to the
commanding officer under section 125(2)(e).
(7) Subsection (8) applies where—
(a) an opportunity to elect Court Martial trial of a charge has been given under this section;
(b) the accused has not elected Court Martial trial; and
(c) at a time after the giving of the opportunity to elect, the commanding officer obtains
extended powers for the purposes of any provision of section 133, 134, 135 or 194.
(8) The provisions of this section requiring the giving of an opportunity to elect Court Martial trial
of the charge shall apply again. ] 1
Notes
1
S.129(4)-(8) substituted for s.129(4) by Armed Forces Act 2011 c. 18 Sch.3 para.7 (April 2, 2012)
Amendments Pending
Commencement
Extent
Pt 6 c. 1 s. 129(1)-(4)(c): United Kingdom (extends to the Isle of Man and the British overseas territories and may
Law In Force
130 Further consequences of election for Court Martial trial

(1) This section applies where the accused has elected Court Martial trial of a charge.
(2) The Director of Service Prosecutions (“the Director”) may not without the written consent of
the accused refer to a commanding officer, under section 125(2)(e)–
(a) that charge (whether or not amended by the Director), or
(b) any charge substituted under section 125(2)(b) or additionally brought under section
125(2)(c).
(3) Where a charge mentioned in subsection (2) is referred under section 125(2)(e), the accused
may not elect Court Martial trial of the charge (and accordingly section 129(1) does not apply in
respect of the charge); but this does not apply [ — ] 1
[ (a) where the charge is amended after referral;
(b) to any charge substituted for or added to the charge after referral; or
(c) where extended powers for the purposes of any provision of section 133, 134, 135 or
194 are obtained after referral. ] 1
Notes
1
S.130(3)(a)-(c) substituted for words by Armed Forces Act 2011 c. 18 Sch.3 para.8 (April 2, 2012)
Amendments Pending
Commencement
Extent
Pt 6 c. 1 s. 130(3)(a)-(3)(c): United Kingdom
Law In Force
[ 130A Restrictions on DSP's powers to substitute or add charges after election

(1) This section applies where—
(a) a charge is for the time being regarded for the purposes of Part 5 as allocated for Court
Martial trial; and
(b) the charge is in respect of an offence which would be a relevant offence for the purposes
of Schedule 3A (sentencing powers of Court Martial where election for trial by that court)
if the accused were convicted of it.
(2) The Director of Service Prosecutions (“the Director”) may not without the written consent of
the accused substitute under section 125(2)(b)—
(a) a charge in respect of an offence which is not one that may be dealt with at a summary
hearing (see section 53); or
(b) a charge in respect of an offence within section 54(2) (offences that may be dealt with
summarily only with permission or by senior officer), except where the relevant charge was
in respect of such an offence.
(3) In subsection (2)(b) “relevant charge” means—
(a) in relation to a case A offence or a case B offence (within the meaning of Schedule 3A),
the charge in respect of which the accused elected Court Martial trial; and
(b) in relation to a case C offence or a case D offence (within the meaning of Schedule
3A), the charge referred as mentioned in paragraph 4(c) of that Schedule.
(4) The Director may not without the written consent of the accused bring under section 125(2)(c)
a charge in addition to the charge.
(5) In construing Part 1 of Schedule 3A (relevant offences) for the purposes of this section,
paragraphs 3(b) and 5(c) of that Schedule are to be disregarded.
]1
Notes
1
Added by Armed Forces Act 2011 c. 18 Sch.3 para.9 (April 2, 2012)
Amendments Pending
Extent
Summary hearing
Law In Force
131 Summary hearing

(1) This section applies where a commanding officer hears a charge summarily.
(2) The commanding officer may dismiss the charge at any stage of the hearing; but this is subject
to subsection (4) and to any provision of rules under section 153.
(3) If the commanding officer determines that the charge has not been proved, he must dismiss the
charge.
(4) If the commanding officer determines that the charge has been proved, he must–
(a) record a finding that the charge has been proved; and
(b) award one or more of the punishments authorised by section 132.
(5) Where the commanding officer records findings that two or more charges against a person have
been proved, the award he must make under subsection (4) is a single award (consisting of one or
more of those punishments) in respect of the charges taken together.
(6) Nothing in this section authorises a commanding officer to include in an award two or more
punishments within the same row of the Table in section 132, except where those punishments are–
(a) different minor punishments which regulations made under row 7 of the Table permit
to be awarded together; or
(b) service compensation orders.
Amendments Pending
Commencement
Extent
Punishments available to commanding officer

Law In Force
132 Punishments available to commanding officer

(1) The second column of the following Table lists the punishments that may be awarded by a
commanding officer who has heard a charge summarily, subject in the case of each punishment to
any limitation shown in the third column opposite it.
TABLE
Row Number Punishment Limitation

1 detention for a term not exceeding the maximum only if the person being punished is of or below the rank of–
allowed by section 133 (a) leading rate;
(b) lance corporal or lance bombardier;
(c) corporal in any of Her Majesty's air forces [ (but
see subsection (1A)) ] 1
2 forfeiture of a specified term of seniority or of all only if the person being punished is an officer, and only in
seniority accordance with section 134
3 reduction in rank, or disrating only if the person being punished is a warrant officer or
non-commissioned officer, only in accordance with section
135, and not to an extent prohibited by regulations under section
135(4)
4 a fine not exceeding the maximum amount allowed
by section 136
5 a severe reprimand or a reprimand only if the person being punished is an officer, warrant officer
or noncommissioned officer
6 a service supervision and punishment order (defined only if the person being punished is an able rate, marine, soldier
by section 173) or airman
7 such minor punishments as may from time to time
be authorised by regulations made by the Defence
Council
8 a service compensation order (defined by section
175) of an amount not exceeding the maximum
allowed by section 137
[ (1A) In this section and section 133 references to a corporal in any of Her Majesty's air forces do
not include a corporal in the Royal Air Force Regiment. ] 2
(2) Subsection (1) is subject to (in particular)–
(a) section 138 (prohibited combinations of punishments) and any regulations made under
that section;
(b) Chapter 1 of Part 9 (general provisions about sentencing).
[ (3) Where the person being punished is a corporal in any of Her Majesty's air forces, the reduction
in rank authorised by subsection (2)(a) or (b) (as the case may be) is reduction to the highest rank
the person has held in that force as an airman; but this is subject to subsection (3A).
(3A) In relation to the Royal Air Force Regiment, the reference in subsection (3) to a corporal is
to be read as a reference to a lance corporal. ] 3
Notes
1
Words inserted by Armed Forces Act 2011 c. 18 s.12(1)(a) (April 2, 2012)
2
Added by Armed Forces Act 2011 c. 18 s.12(1)(b) (April 2, 2012)
3
S.132(3) and (3A) substituted for s.132(3) by Armed Forces Act 2011 c. 18 s.12(2) (April 2, 2012)
Amendments Pending
Commencement
Pt 6 c. 1 s. 132(1)-(3)(c): March 28, 2009 for the purpose of enabling the Defence Council to make regulations; October
Extent
Pt 6 c. 1 s. 132(1), (2)-(3)(c): United Kingdom (extends to the Isle of Man and the British overseas territories and may
Pt 6 c. 1 s. 132(1A), (3A): United Kingdom
Law In Force
133 Detention: limits on powers

(1) The maximum term of detention that a commanding officer may award under row 1 of the Table
in section 132 to an able rate, marine, soldier or airman is–
(a) 90 days if the commanding officer has extended powers for the purposes of this
subsection;
(b) otherwise, 28 days.
(2) A commanding officer may not award detention under row 1 of the Table in section 132 to a
person of any of the following ranks–
(a) leading rate,
(b) lance corporal or lance bombardier,
(c) corporal in any of Her Majesty's air forces,
unless the commanding officer has extended powers for the purposes of this subsection; and the
maximum term of detention that a commanding officer may (if he has those powers) award such
a person is 90 days.
(3) A commanding officer has extended powers for the purposes of subsection (1) or (2) if he has,
[ within the relevant time (defined by section 135A) ] 1 –
(a) applied to higher authority for extended powers for the purposes of that subsection; and
(b) been notified by higher authority that his application has been granted.
(4) A commanding officer also has extended powers for the purposes of subsection (1) or (2) if he
is of or above the rank of rear admiral, major-general or air vice-marshal.
Notes
1
Amendments Pending
Commencement
Extent
Law In Force
134 Forfeiture of seniority: requirement for approval

(1) A commanding officer may not award forfeiture of seniority under row 2 of the Table in section
132 unless he has extended powers for the purposes of this section.
(2) A commanding officer has extended powers for the purposes of this section if he has, [ within
the relevant time (defined by section 135A) ] 1 –
(a) applied to higher authority for extended powers for the purposes of this section; and
(3) A commanding officer also has extended powers for the purposes of this section if he is of or
above the rank of rear admiral, major-general or air vicemarshal.
Notes
1
Amendments Pending
Commencement
Extent
Law In Force
135 Reduction in rank: limits on powers

(1) A commanding officer may not award reduction in rank, or disrating, under row 3 of the Table
in section 132 unless–
(a) he has extended powers for the purposes of this subsection; or
(b) the person being punished is a lance corporal or lance bombardier.
(2) The reduction in rank or disrating that a commanding officer may award is reduction or disrating–
(a) by one acting rank or rate; or
(b) if the person being punished has no acting rank or rate, by one substantive rank or rate.
(3) Where the person being punished is a corporal in any of Her Majesty's air forces, the reduction
in rank authorised by subsection (2)(a) (if he is an acting corporal) or (2)(b) (if he is not) is reduction
to the highest rank he has held in that force as an airman.
(4) The Defence Council may by regulations provide that persons of a trade or branch specified in
the regulations may not be reduced or disrated under section 132 below a rank or rate so specified.
(5) A commanding officer has extended powers for the purposes of subsection (1) if he has, [ within
the relevant time (defined by section 135A) ] 1 –
(a) applied to higher authority for extended powers for the purposes of that subsection; and
(6) A commanding officer also has extended powers for the purposes of subsection (1) if he is of
or above the rank of rear admiral, major-general or air vice-marshal.
Notes
1
Amendments Pending
Commencement
Pt 6 c. 1 s. 135(1)-(3), (5)-(6): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Law In Force
[ 135A Extended powers: time for obtaining

(1) In each of sections 133(3), 134(2) and 135(5), “within the relevant time” means before the start
of the summary hearing; but this is subject to subsections (2) and (3).
(2) Subsection (3) applies where after the start of a summary hearing—
(a) a charge is amended under section 123(2)(a);
(b) a charge is substituted for another charge under section 123(2)(b); or
(c) an additional charge is brought under section 123(2)(c).
(3) Any application for or grant of extended powers which is made in the period between—
(a) the making of the amendment, substitution or addition, and
(b) the time when the summary hearing is proceeded with after the amendment, substitution
or addition,
is to be treated for the purposes of sections 133(3), 134(2) and 135(5) as made within the relevant
time.
]1
Notes
1
Amendments Pending
Extent
Pt 6 c. 1 s. 135A(1)-(3)(b): United Kingdom
Law In Force
136 Fine: maximum amount

[ (1) The maximum amount of a fine that a commanding officer may award is 28 days' pay. ] 1
(4) For the purposes of this section a day's pay is–
(a) subject to paragraph (b), the gross pay which is (or would apart from any forfeiture be)
issuable to the offender in respect of the day when the punishment is awarded;
(b) if the offender is a special member of a reserve force, the gross pay which would have
been issuable to him in respect of that day if he had been an ordinary member of that reserve
force of the same rank or rate.
(5) If the offender is a member of a reserve force who is not on duty on the day the punishment is
awarded, for the purposes of subsection (4) he is to be taken to have been on duty then.
(6) In subsection (4) “special member” and “ordinary member”have the same meanings as in the
Reserve Forces Act 1996 (c. 14).
Notes
1
S.136(1) substituted for s.136(1)-(3) by Armed Forces Act 2011 c. 18 Sch.3 para.12 (April 2, 2012: substitution
has effect subject to transitional provisions specified in SI 2012/669 art.7)
Amendments Pending
Commencement
Extent
Law In Force
137 Service compensation orders: maximum amount

(1) Where an award by a commanding officer consists of or includes one service compensation
order, the compensation to be paid under the order must not exceed £1,000.
(2) Where an award by a commanding officer consists of or includes two or more service
compensation orders, the total compensation to be paid under the orders must not exceed £1,000.
(3) If it appears to the Secretary of State that there has been a change in the value of money since
the relevant date, he may by order substitute for the sum for the time being specified in subsections
(1) and (2) such other sum as appears to him justified by the change.
(4) In subsection (3) “the relevant date” means–
(a) the date of the coming into force of this section; or
(b) where the sum for the time being specified in subsections (1) and (2) was substituted
for a sum previously so specified, the date of the substitution.
Amendments Pending
Commencement
Extent
Law In Force
138 Prohibited combinations of punishments

(1) Subsections (2) to (6) apply where a commanding officer awards punishment in respect of an
offender.
[ (2) If he awards detention, the only additional punishments he may award are—
(a) reduction in rank or disrating (subject to subsection (8));
(b) a service compensation order.
1
]
(4) If he awards forfeiture of seniority, the only additional punishments he may award are–
(a) a severe reprimand or a reprimand;
(5) If he awards reduction in rank or disrating, the only additional punishments he may award are–
(a) a suspended sentence of service detention (subject to subsection (8));
(6) If he awards a fine, he may not also award a service supervision and punishment order.
(7) Regulations under row 7 of the Table in section 132 may make provision, as respects any
punishment authorised by those regulations, prohibiting that punishment from being awarded with
any other punishment (whether or not so authorised) specified by the regulations.
(8) Nothing in this section authorises a commanding officer to award a particular punishment where
the award of that punishment is prohibited otherwise than by this section.
(9) References in this section to a service compensation order include references to two or more
such orders.
Notes
1
S.138(2) substituted for s.138(2) and (3) by Armed Forces Act 2011 c. 18 s.13(1) (April 2, 2012: substitution has
effect subject to transitional provisions specified in SI 2012/669 art.6(2) and (3))
Amendments Pending
Commencement
Pt 6 c. 1 s. 138(7): March 28, 2009 for the purpose of enabling the Defence Council to make regulations: October 31,
Extent
Pt 6 c. 1 s. 138(1)-(2), (3)-(9): United Kingdom (extends to the Isle of Man and the British overseas territories and
Pt 6 c. 1 s. 138(2)(a)-(2)(b): United Kingdom
Law In Force
139 Savings for maximum penalties for offences

(1) Where a commanding officer awards punishment in respect of a single offence, nothing in
sections 131 to 138 authorises him–
(a) to award a punishment of a kind which the Court Martial could not award for that
offence;
(b) if the offence is under section 42 (criminal conduct), to award a fine exceeding the
maximum allowed by section 42(4).
(2) Where a commanding officer awards punishment in respect of two or more offences–
(a) nothing in sections 131 to 138 authorises him to award a punishment of a particular
kind unless it is one which the Court Martial could award for at least one of the offences;
and
(b) if all the offences are under section 42 and the maximum fine allowed by section 136
exceeds the permitted maximum, nothing in sections 131 to 138 authorises him to award a
fine exceeding the permitted maximum.
(3) The permitted maximum is the total of the fines that under section 42(4) the commanding officer
could award in respect of the offences if he had power to make separate awards in respect of them.
Amendments Pending
Commencement
Extent
CHAPTER 2
THE SUMMARY APPEAL COURT

Law In Force
140 The Summary Appeal Court

(1) There shall be a court, to be known as the Summary Appeal Court.
(2) The Summary Appeal Court may sit in any place, whether within or outside the United Kingdom.
Amendments Pending
Commencement
Extent
Law In Force
141 Right of appeal

(1) A person in respect of whom–
(a) a charge has been heard summarily, and
(b) a finding that the charge has been proved has been recorded,
may appeal to the Summary Appeal Court against the finding or against the punishment awarded.
(2) Subject to subsection (3), any appeal under this section must be brought–
(a) within the period of 14 days beginning with the date on which the punishment was
awarded (“the initial period”); or
(b) within such longer period as the court may allow by leave given before the end of the
initial period.
(3) The court may at any later time give leave for an appeal to be brought within such period as it
may allow.
(4) The respondent to an appeal under this section is the Director of Service Prosecutions.
Amendments Pending
Commencement
Extent
Law In Force
142 Constitution of the SAC for appeals

(1) For the purpose of hearing an appeal under section 141, the Summary Appeal Court is to consist
of–
(a) a judge advocate;
(b) an officer qualified for membership under section 143 and not ineligible by virtue of
section 144; and
(c) a third person who is an officer or warrant officer so qualified and not so ineligible.
(2) Subsection (1) is subject to any provision made by SAC rules.
(3) The judge advocate for an appeal under section 141 is to be specified by or on behalf of the
Judge Advocate General.
(4) The other members of the court for an appeal under section 141 are to be specified by or on
behalf of the court administration officer.
Amendments Pending
Commencement
Extent
Law In Force
143 Officers and warrant officers qualified for membership of the SAC
(1) Subject to subsections (2) to (4), an officer or warrant officer is qualified for membership of
the Summary Appeal Court if he is subject to service law.
(2) An officer is not qualified for membership of the court unless–
(a) he has held a commission in any of Her Majesty's forces for at least three years, or for
periods amounting in the aggregate to at least three years; or
(b) immediately before receiving his commission, he was a warrant officer in any of those
forces.
(3) A warrant officer is not qualified for membership of the court if he is an acting warrant officer.
(4) An officer or warrant officer is not qualified for membership of the court if–
(a) he is a member of the Military Court Service;
(b) he is a member of or on the staff of the Service Prosecuting Authority;
(c) he is a service policeman;
(d) he is a member of the Royal Army Chaplains' Department or the Royal Air Force
Chaplains' Branch;
(e) he has a general qualification within the meaning of section 71 of the Courts and Legal
Services Act 1990 (c. 41);
(f) he is an advocate or solicitor in Scotland;
(g) he is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature
of Northern Ireland; or
(h) he has in a relevant territory rights and duties similar to those of a barrister or solicitor
in England and Wales, and is subject to punishment or disability for breach of professional
rules.
(a) any of the Channel Islands;
(b) the Isle of Man;
(c) a Commonwealth country; or
(d) a British overseas territory.
Amendments Pending
Commencement
Extent
Pt 6 c. 2 s. 143(1)-(5)(d): United Kingdom (extends to the Isle of Man and the British overseas territories and may
Law In Force
144 Officers and warrant officers ineligible for membership in particular circumstances
(1) An officer is ineligible for membership of the Summary Appeal Court for the hearing of an
appeal under section 141 if–
(a) he was the commanding officer of the appellant at any time in the period beginning
with the date of commission of the offence which is the subject of the finding against the
appellant and ending with the start of the appeal hearing;
(b) before the summary hearing, he took part in investigating the subject matter of any
finding against the appellant;
(c) he is a higher authority who dealt with an application made before the summary hearing
for permission under section 54 or for extended powers for the purposes of any provision
of section 133, 134, 135, 136 or 194;
(d) he serves under the command of a person within paragraph (c);
(e) he serves under the command of the officer who conducted the summary hearing; or
(f) before the summary hearing, he conducted (whether alone or with other persons) an
inquiry into the subject matter of any finding against the appellant.
(2) A warrant officer is ineligible for membership of the Summary Appeal Court for the hearing
of an appeal under section 141 if he falls within subsection (1)(b), (d), (e) or (f).
(3) Where there is more than one finding against the appellant, the reference in subsection (1)(a)
to the date of commission of the offence there mentioned is to the date of commission of the earliest
such offence.
(4) SAC rules may provide that an officer or warrant officer of a description prescribed by the rules
is ineligible for membership of the Summary Appeal Court.
Amendments Pending
Commencement
Extent
Law In Force
145 Open court

Subject to any provision made by SAC rules, the Summary Appeal Court must sit in open court.
Amendments Pending
Commencement
Extent
Law In Force
146 Hearing of appeals

(1) An appeal under section 141 against a finding is to be by way of–
(a) a rehearing of the charge; and
(b) except where section 147(2) applies, a rehearing as respects punishment.
(2) An appeal under section 141 against punishment is to be by way of a rehearing as respects
punishment.
(3) In the case of the hearing of an appeal under section 141, rulings and directions on questions
of law, procedure or practice are to be given by the judge advocate.
(4) Any rulings or directions given under subsection (3) are binding on the court.
Amendments Pending
Commencement
Extent
Law In Force
147 Powers of the SAC

(1) At a rehearing of a charge by virtue of section 146(1)(a), the Summary Appeal Court may–
(a) confirm or quash the finding concerned; or
(b) substitute for the finding concerned a finding that another charge has been proved.
(2) Where the court quashes the finding, or (if there is more than one finding) every finding, made
in respect of the appellant, it must quash the punishment which relates to that finding or, as the
case may be, to those findings.
(3) At a rehearing as respects punishment by virtue of section 146(1)(b) or (2), the Summary Appeal
Court may–
(a) confirm the punishment awarded; or

(b) quash that punishment and award in substitution for it any punishment which–
(i) it would have been within the powers of the officer who conducted the summary
hearing to award; and
(ii) in the opinion of the court, is no more severe than the punishment originally
awarded.
(4) SAC rules may make provision in connection with the exercise of the power under subsection
(1)(b) (including provision restricting the exercise of the power).
(5) In determining–
(a) whether to substitute a term of detention, or
(b) the length of any such substituted term,
the court must take account of any period of the original term of detention that the appellant served.
Amendments Pending
Commencement
Pt 6 c. 2 s. 147(1)-(3)(b)(ii), (5)-(5)(b): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Law In Force
148 Effect of substituted punishment

(1) Unless it otherwise directs, any punishment substituted by the Summary Appeal Court has effect
as if awarded on the day on which the original punishment was awarded, but this is subject to
subsection (2).
(2) Where the court substitutes a term of detention (other than a suspended sentence of service
detention), the substituted term takes effect–
(a) if the court makes a direction under section 189(3), in accordance with the direction;
(b) otherwise, from the beginning of the day on which the punishment is substituted.
Amendments Pending
Commencement
Extent
Law In Force
149 Making of, and appeals from, decisions of the SAC

(1) Subject to section 146(3), any decision of the Summary Appeal Court when constituted as
mentioned in section 142(1) must be determined by a majority of the votes of the members of the
court.
(2) The appellant or respondent may question any decision of the Summary Appeal Court on the
ground that it is wrong in law or is in excess of jurisdiction, by applying to the Summary Appeal
Court to have a case stated for the opinion of the High Court in England and Wales.
Amendments Pending
Commencement
Extent
Law In Force
150 Privileges of witnesses and others

A witness before the Summary Appeal Court or any other person whose duty it is to attend the
court is entitled to the same immunities and privileges as a witness before the High Court in England
and Wales.
Amendments Pending
Commencement
Extent
Law In Force
151 SAC rules

(1) The Secretary of State may by rules (referred to in this Act as “SAC rules”) make provision
with respect to the Summary Appeal Court.
(2) SAC rules may in particular make provision with respect to–
(a) sittings of the court, including the place of sitting and changes to the place of sitting;
(b) the hearing of appeals and other proceedings of the court;
(c) the practice and procedure of the court;
(d) evidence, including the admissibility of evidence;
(e) the representation of the appellant.
(3) Without prejudice to the generality of subsections (1) and (2), SAC rules may make provision–
(a) as to oaths and affirmations for members of the court, witnesses and other persons;
(b) as to objections to, and the replacement of, members of the court;
(c) as to the constitution of the court;
(d) for such powers of the court as may be prescribed by the rules to be exercised by a
judge advocate;
(e) for procuring the attendance of witnesses and other persons and the production of
documents and other things, including provision about–
(i) the payment of expenses to persons summoned to attend the court;
(ii) the issue by the court of warrants for the arrest of persons;
(f) enabling an uncontested appeal to be determined without a hearing;
(g) as to the bringing or abandonment of appeals;
(h) for the discharge of a court (including provision as to rehearings following discharge);
(i) as to notifications and references under section 152;
(j) for the making and retention of records of the proceedings of the court;
(k) for the supply of copies of such records, including provision about the fees payable for
the supply of such copies;
(l) conferring functions in relation to the court on the court administration officer;
(m) for the delegation by the court administration officer of any of his functions in relation
to the court.
(4) Provision that may be made by the rules by virtue of subsection (2)(d) includes provision
applying, with or without modifications, any enactment (whenever passed) creating an offence in
respect of statements admitted in evidence.
(5) Provision that may be made by the rules by virtue of subsection (3)(e)(ii) includes provision–
(a) conferring powers of arrest;
(b) requiring any arrested person to be brought before the court;
(c) authorising the keeping of persons in service custody, and the imposition of requirements
on release from service custody (including provision applying section 107(5) and (6) with
or without modifications).
(6) SAC rules may apply, with or without modifications, any enactment or subordinate legislation
(whenever passed or made), including any provision made by or under this Act.
(7) In this section “appeal” means an appeal under section 141.
Amendments Pending
Commencement
Extent
CHAPTER 3
REVIEW OF SUMMARY FINDINGS AND PUNISHMENTS
Law In Force
152 Review of summary findings and punishments

(1) Where–
(a) a charge has been heard summarily, and
(b) a finding that the charge has been proved has been recorded,
the finding or the punishment awarded may be reviewed at any time.
(2) A review under this section may be carried out by–
(a) the Defence Council; or
(b) any officer appointed by the Defence Council to carry out the review or any class of
review which includes the review.
(3) Subsection (4) applies where–
(a) a review has been carried out under this section in respect of a finding or punishment;
and
(b) the person to whom the review relates has not brought an appeal under section 141
within the period provided by subsection (2) of that section.
(4) The person who carried out the review may, with the leave of the Summary Appeal Court, refer
the finding or punishment to the court to be considered by it as on an appeal.
(5) Subsections (6) and (7) apply where–
(a) a review has been carried out under this section in respect of a finding or punishment;
and
(b) the person to whom the review relates has brought an appeal under section 141.
(6) If–
(a) the Summary Appeal Court has not completed the hearing of the appeal, and
(b) the person who carried out the review considers that any matter arising at or from the
summary hearing should be brought to the notice of the court,
he may notify the court of that matter.
(7) If–
(a) the Summary Appeal Court has completed the hearing of the appeal, and
(b) the person who carried out the review considers that any matter arising at or from the
summary hearing of which the court was not aware should have been brought to the notice
of the court,
he may, with the leave of the court, refer the finding or punishment, including any finding or
punishment substituted or awarded by the court, to the court to be considered by it as on an appeal.
(8) A reference to the Summary Appeal Court under subsection (4) or (7) shall be treated for the
purposes of this Act as an appeal under section 141 brought by the person to whom the finding or
punishment relates against the finding or punishment.
Amendments Pending
Commencement
Extent
CHAPTER 4
SUMMARY HEARINGS ETC RULES

Law In Force
153 Summary hearings etc rules

(1) The Secretary of State may by rules make provision with respect to–
(a) the summary hearing of charges by commanding officers;
(b) hearings as regards the making of orders under section 193 (activation of suspended
sentence of service detention).
(2) Rules under this section may in particular make provision–
(a) as to the practice and procedure to be followed at hearings;
(b) as to evidence at hearings;
(c) for the delegation by a commanding officer of any of his functions;
(d) as to applications for [ , and grants of, ] 1 extended powers;
(e) as to applications for [ , and grants of, ] 1 permission to hear summarily charges of a
kind mentioned in section 54;
(f) requiring prescribed persons to be notified of prescribed matters.
(3) In subsection (2) “prescribed” means prescribed by rules under this section.
Notes
1
Words inserted by Armed Forces Act 2011 c. 18 Sch.3 para.13 (April 2, 2012)
Amendments Pending
Commencement
Extent
PART 7
TRIAL BY COURT MARTIAL
CHAPTER 1
THE COURT MARTIAL

Law In Force
154 The Court Martial

(1) There shall be a court, to be known as the Court Martial.
(2) The Court Martial may sit in any place, whether within or outside the United Kingdom.
Amendments Pending
Commencement
Extent
Law In Force
155 Constitution of the Court Martial

(1) In the case of any proceedings, the Court Martial is to consist of–
(a) a judge advocate; and
(b) at least three but not more than five other persons (“lay members”).
(2) But Court Martial rules may provide that, in the case of proceedings of a prescribed description,
there are to be–
(a) at least five but not more than seven lay members; or
(b) no lay members.
(3) In the case of proceedings where the Court Martial consists of a judge advocate and lay members–
(a) a prescribed number of the lay members must be officers or warrant officers qualified
for membership under section 156 and not ineligible by virtue of section 157; and
(b) the rest must be officers so qualified and not so ineligible.
(4) Subsection (3) is subject to any provision made by Court Martial rules.
(5) The judge advocate for any proceedings is to be specified by or on behalf of the Judge Advocate
General.
(6) The lay members for any proceedings are to be specified by or on behalf of the court
administration officer.
(7) The number of lay members specified under subsection (6) is to be the minimum required unless
a judge advocate, in accordance with Court Martial rules, directs otherwise.
(8) In subsection (7) “the minimum required” means–
(a) the minimum required by subsection (1)(b); or

(b) where rules made by virtue of subsection (2)(a) apply instead of subsection (1)(b), the
minimum required by those rules.
(9) In this section “prescribed” means prescribed by Court Martial rules.
Amendments Pending
Commencement
Pt 7 c. 1 s. 155(1)-(1)(b), (3)-(9): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Law In Force
156 Officers and warrant officers qualified for membership of the Court Martial
(1) Subject to subsections (2) to (4), an officer or warrant officer is qualified for membership of
the Court Martial if he is subject to service law.
(2) An officer is not qualified for membership of the court unless–
(a) he has held a commission in any of Her Majesty's forces for at least three years, or for
periods amounting in the aggregate to at least three years; or
(b) immediately before receiving his commission, he was a warrant officer in any of those
forces.
(3) A warrant officer is not qualified for membership of the court if he is an acting warrant officer.
(4) An officer or warrant officer is not qualified for membership of the court if–
(a) he is a member of the Military Court Service;
(b) he is a member of or on the staff of the Service Prosecuting Authority;
(c) he is a service policeman;
(d) he is a member of the Royal Army Chaplains' Department or the Royal Air Force
Chaplains' Branch;
(e) he has a general qualification within the meaning of section 71 of the Courts and Legal
Services Act 1990 (c. 41);
(f) he is an advocate or solicitor in Scotland;
(g) he is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature
of Northern Ireland; or
(h) he has in a relevant territory rights and duties similar to those of a barrister or solicitor
in England and Wales, and is subject to punishment or disability for breach of professional
rules.
Amendments Pending
Commencement
Extent
Law In Force
157 Officers and warrant officers ineligible for membership in particular circumstances
(1) An officer is ineligible for membership of the Court Martial for proceedings after the arraignment
of a defendant if–
(a) he was the commanding officer of the defendant at any time in the period beginning
with the date of commission of the offence to which the arraignment relates and ending
with the arraignment;
(b) he has taken part in investigating the subject matter of any charge against the defendant;
or
(c) he has conducted (whether alone or with other persons) an inquiry into the subject
matter of any charge against the defendant.
(2) A warrant officer is ineligible for membership of the Court Martial for proceedings after the
arraignment of a defendant if he falls within subsection (1)(b) or (c).
(3) Where a defendant is arraigned in respect of more than one offence, the reference in subsection
(1)(a) to the date of commission of the offence there mentioned is to the date of commission of the
earliest such offence.
(4) Court Martial rules may provide that an officer or warrant officer of a description prescribed
by the rules is ineligible for membership of the Court Martial for a description of proceedings so
prescribed.
Amendments Pending
Commencement
Extent
CHAPTER 2
COURT MARTIAL PROCEEDINGS
Law In Force
158 Open court

Subject to any provision made by Court Martial rules, the Court Martial must sit in open court.
Amendments Pending
Commencement
Extent
Law In Force
159 Rulings and directions

(1) In the case of proceedings where the Court Martial consists of a judge advocate and other
persons, rulings and directions on questions of law, procedure or practice are to be given by the
judge advocate.
(2) Any rulings or directions given under subsection (1) are binding on the court.
Amendments Pending
Commencement
Extent
Law In Force
160 Decisions of Court Martial: finding and sentence

(1) Subject to the following provisions of this section, the finding of the Court Martial on a charge,
and any sentence passed by it, must be determined by a majority of the votes of the members of
the court.
(2) The judge advocate is not entitled to vote on the finding.
(3) In the case of an equality of votes on the finding, the court must acquit the defendant.
(4) In the case of an equality of votes on the sentence, the judge advocate has a casting vote.
Amendments Pending
Commencement
Extent
Law In Force
161 Power of Court Martial to convict of offence other than that charged
(1) Where the Court Martial acquits a person of an offence specifically charged in the charge sheet,
but the allegations in the charge sheet amount to or include (expressly or by implication) an allegation
of another service offence, the court may convict him of that other offence.
(2) For the purposes of subsection (1)–
(a) an allegation of an offence to which section 39(1) applies (offence X) shall be taken as
including an allegation of an offence under that section of attempting to commit offence
X; and
(b) an allegation of a completed section 42 offence shall be taken as including an allegation
of a section 42 offence of attempt.
(3) Subsection (1) applies in relation to a charge sheet containing more than one charge as if each
charge were contained in a separate charge sheet.
“a completed section 42 offence” means an offence that, by virtue of section 1(4) of the
Criminal Attempts Act 1981 (c. 47) as modified by section 43 of this Act, is an offence to
which section 1 of that Act applies;
“a section 42 offence of attempt”has the meaning given by section 44(2).
Amendments Pending
Commencement
Pt 7 c. 2 s. 161(1)-(4) definition of "a section 42 offence of attempt": October 31, 2009 (SI 2009/1167 art. 4)
Extent
Pt 7 c. 2 s. 161(1)-(4) definition of "a section 42 offence of attempt": United Kingdom (extends to the Isle of Man and
the British overseas territories and may extend to the any of the Channel Islands as specified by Orders in Council
made under this Act)
Law In Force
162 Privileges of witnesses and others

A witness before the Court Martial or any other person whose duty it is to attend the court is entitled
to the same immunities and privileges as a witness before the High Court in England and Wales.
Amendments Pending
Commencement
Extent
Law In Force
163 Court Martial rules

(1) The Secretary of State may by rules (referred to in this Act as “Court Martial rules”) make
provision with respect to the Court Martial.
(2) Court Martial rules may in particular make provision with respect to–
(b) trials and other proceedings of the court;
(e) the representation of the defendant;
(f) appeals from the Service Civilian Court.
(3) Without prejudice to the generality of subsections (1) and (2), Court Martial rules may make
provision–
(a) as to oaths and affirmations for members of the court, witnesses and other persons;
(b) as to objections to, and the replacement of, members of the court;
(c) as to the constitution of the court;
(d) for such powers of the court as may be prescribed by the rules to be exercised by a
judge advocate;
(e) for procuring the attendance of witnesses and other persons and the production of
(f) as to the amendment of charges;
(g) for the taking into consideration, when sentencing an offender, of any other service
offence committed by him;
(h) for the variation by the court of a sentence passed by it or the variation or rescission by
it of an order made by it;
(i) for appeals–
(i) against any orders (including directions) of the court prohibiting or restricting
the publication of any matter or excluding the public from any proceedings (whether
made in preliminary proceedings or otherwise);
(ii) against any other orders or rulings made in proceedings preliminary to a trial;
(j) for the discharge of a court (including provision as to retrials and rehearings following
discharge);
(k) for the powers conferred by section 7 of the Bankers' Books Evidence Act 1879 (c. 11)
(orders for the inspection of bankers' books for the purposes of legal proceedings) to be
exercisable by a judge advocate as well as by the court or a judge within the meaning of
that Act;
(l) for the making and retention of records of the proceedings of the court;
(m) for the supply of copies of such records, including provision about the fees payable
for the supply of such copies;
(n) conferring functions in relation to the court on the court administration officer;
(o) for the delegation by the court administration officer of any of his functions in relation
to the court.
(5) Provision that may be made by the rules by virtue of subsection (3)(e)(ii) includes provision–
(6) Court Martial rules must secure that, after arraignment, charges may not be amended–
(a) in circumstances substantially different from those in which indictments are amendable
by the Crown Court; or
(b) otherwise than subject to conditions which correspond, as nearly as circumstances
permit, to those subject to which indictments are so amendable.
(7) Rules made by virtue of subsection (3)(h) may make provision about the commencement of
sentences or orders varied by the court (including provision conferring on the court a power to
direct that a sentence shall take effect otherwise than as mentioned in section 289(1)).
(8) Court Martial rules may apply, with or without modifications, any enactment or subordinate
legislation (whenever passed or made), including any provision made by or under this Act.
(9) Rules made by virtue of paragraph (i) of subsection (3) may confer jurisdiction on the Court
Martial Appeal Court, and rules under section 49 of the Court Martial Appeals Act 1968 may make
provision about the powers of that court in relation to appeals made by virtue of that paragraph.
Amendments Pending
Commencement
Extent
Law In Force
[ 163A. Offences
Schedule 2A makes provision about offences relating to members of the Court Martial and their
deliberations. ] 1
Notes
1
Amendments Pending
Extent
Pt 7 c. 2 s. 163A: United Kingdom
CHAPTER 3
PUNISHMENTS AVAILABLE TO COURT MARTIAL
Law In Force
164 Punishments available to Court Martial

(1) The second column of the following Table lists the punishments that may be awarded by sentence
of the Court Martial, subject in the case of each punishment to any limitation shown in the third
column opposite it.
TABLE
Row Punishment Limitation

Number
1 imprisonment
2 dismissal with disgrace from Her Majesty's
service
3 dismissal from Her Majesty's service
4 detention for a term not exceeding two years not if the person being sentenced is an officer
5 forfeiture of a specified term of seniority or of only if the person being sentenced is an officer
all seniority
6 reduction in rank, or disrating only if the person being sentenced is a warrant officer or
non-commissioned officer, and not to an extent prohibited
by regulations under subsection (4)
7 a fine
8 a service community order (defined by section only if the person being sentenced is on the same occasion
178) sentenced to dismissal or dismissal with disgrace and
subsection (5) permits
9 a severe reprimand or a reprimand only if the person being sentenced is an officer, warrant
officer or noncommissioned officer
10 a service supervision and punishment order only if the person being sentenced is an able rate, marine,
(defined by section 173) soldier or airman
11 such minor punishments as may from time to
time be authorised by regulations made by the
Defence Council
12 a service compensation order (defined by
section 175)
(2) Where this Act provides that a person guilty of a particular offence is liable to any punishment
mentioned in the Table or in specified rows of the Table, it means he is liable to any one or more
of the punishments so mentioned (subject in the case of each one to any limitation shown in the
third column opposite it).
(3) The previous provisions of this section are subject to (in particular)–
[…]1
Chapters 4 to 6 of Part 8 (imprisonment for under 12 months, young offenders' custodial
sentences, and mandatory etc sentences for serious offences); […]2
Part 9 (general provisions about sentencing) [ ; and ] 3
[ Schedule 3A (offender elected Court Martial trial). ] 3
(4) The Defence Council may by regulations restrict the extent to which persons of a description
specified in the regulations may be reduced in rank or disrated under this section.
(5) The court may not make a service community order unless–
(a) the offender is aged 18 or over when convicted; and
(b) it appears to the court that he will reside in the United Kingdom when the order is in
force.
(6) Where regulations under row 11 of the Table authorise a minor punishment, they may–
(a) confer on the Court Martial a power, when awarding the punishment, to direct that the
punishment shall take effect from a date after the date of the award;
(b) confer on the offender's commanding officer the function of deciding the details of the
punishment;
(c) provide for the delegation by the commanding officer of any of his functions under the
regulations.
(7) This section is modified in relation to certain offenders by Schedule 3 (civilians etc).
Notes
1
Entry repealed by Armed Forces Act 2011 c. 18 Sch.5 para.1 (April 2, 2012 as SI 2012/669)
2
Word repealed by Armed Forces Act 2011 c. 18 Sch.5 para.1 (April 2, 2012 as SI 2012/669)
3
Entry inserted by Armed Forces Act 2011 c. 18 Sch.4 para.9(c) (April 2, 2012)
Amendments Pending
Commencement
Pt 7 c. 3 s. 164(1)-(7): March 28, 2009 for the purpose of enabling the Defence Council to make regulations; October
Extent
Law In Force
[ 165 Sentencing powers of Court Martial where election for trial by that court instead of
CO
Schedule 3A (sentencing powers of Court Martial where election for trial by that court instead of
CO) has effect. ] 1
Notes
1
Substituted by Armed Forces Act 2011 c. 18 s.14(1) (April 2, 2012)
Amendments Pending
Commencement
Extent
CHAPTER 4
FINDINGS OF UNFITNESS TO STAND TRIAL AND INSANITY
Law In Force
166 Fitness to stand trial

(1) This section applies where on a trial by the Court Martial the question arises (at the instance of
the defence or otherwise) whether the defendant is fit to stand trial.
(2) For the purposes of this Act a person is unfit to stand trial if he is under a disability such that
apart from the Criminal Procedure (Insanity) Act 1964 (c. 84) it would constitute a bar to his being
tried on indictment in England and Wales.
(3) Subject to subsections (5) and (6), the question of fitness to stand trial must be determined as
soon as it arises.
(4) The question of fitness to stand trial is to be determined by the judge advocate.
(5) If having regard to the nature of the supposed disability the judge advocate is of the opinion
that it is expedient to do so and in the interests of the defendant, he may postpone consideration of
the question of fitness to stand trial until any time up to the opening of the case for the defence.
(6) If before the question of fitness to stand trial falls to be determined the court finds the defendant
not guilty on the charge or each of the charges on which he is being tried, that question shall not
be determined.
(7) A judge advocate may not make a determination under subsection (4) except on the written or
oral evidence of two or more registered medical practitioners at least one of whom is duly approved
within the meaning given by section 172.
Amendments Pending
Commencement
Extent
Law In Force
167 Finding that defendant did the act or made the omission charged
(1) This section applies where in accordance with section 166(4) it is determined by the judge
advocate that the defendant is unfit to stand trial.
(2) The trial shall not proceed or further proceed but the court must, as respects the charge or each
of the charges on which the defendant was to be or was being tried, determine whether it is satisfied
that he did the act charged against him as the offence.
(3) If as respects that charge or any of those charges the court is so satisfied, it must make a finding
that the defendant did the act charged against him.
(4) If as respects that charge or any of those charges the court is not so satisfied, it must find the
defendant not guilty as if on the charge in question the trial had proceeded to a conclusion.
(5) A determination under subsection (2) must be made–
(a) on the evidence (if any) already given in the trial; and
(b) on such evidence as may be adduced or further adduced by the prosecution, or adduced
by a person appointed under this section by the judge advocate to put the case for the defence.
(6) Section 160 (Court Martial decisions) does not apply to a determination or finding under this
section, but as respects any charge to which subsection (2) above applies–
(a) the question whether the court is satisfied as mentioned in that subsection is to be
determined by the members of the court other than the judge advocate (“the lay members”);
and
(b) the court is so satisfied if, on a vote on the question whether they are so satisfied, a
majority of the lay members are in favour.
accordingly.
Amendments Pending
Commencement
Extent
Law In Force
168 Findings of insanity

(1) This section applies where on the trial of a person by the Court Martial the court is satisfied, as
respects the charge or any of the charges on which he is being tried, that–
(a) the defendant did the act charged against him as the offence; but
(b) at the time of that act he was insane.
(2) The court must find that the defendant was not guilty of that offence by reason of insanity.
(3) No finding under this section may be made except on the written or oral evidence of two or
more registered medical practitioners at least one of whom is duly approved within the meaning
given by section 172.
(4) Section 160 (Court Martial decisions) does not apply to a determination or finding under this
section, but–
(a) the question whether the court is satisfied as mentioned in subsection (1) above is to
be determined by the members of the court other than the judge advocate (“the lay
members”); and
(b) the court is so satisfied if, on a vote on the question whether they are so satisfied, a
majority of the lay members are in favour.
accordingly.
Amendments Pending
Commencement
Extent
Law In Force
169 Powers where person unfit to stand trial or not guilty by reason of insanity
(1) This section applies where on a trial by the Court Martial–
(a) the defendant is found to be unfit to stand trial and to have done the act charged against
him; or
(b) the defendant is found not guilty by reason of insanity.
(2) Subject to subsections (4) and (5), the court must make in respect of the defendant–
(a) a hospital order, with or without a restriction order;
(b) a service supervision order (defined by section 170); or

(c) an order discharging him absolutely.
“hospital order” means an order under section 37 of the Mental Health Act 1983 (c. 20)
(“the 1983 Act”) as modified by Schedule 4 to this Act;
“restriction order” means an order under section 41 of that Act as so modified.
(4) The power to make a hospital order by virtue of this section is not exercisable unless the
conditions in subsections (1)(b) and (2) of section 37 of the 1983 Act, as modified by Schedule 4
to this Act, are satisfied.
(5) Where–
(a) the finding mentioned in subsection (1) relates to an offence the sentence for which is
fixed by law, and
(b) the court has power to make a hospital order,
the court must make a hospital order with a restriction order (whether or not it would have power
to make a restriction order apart from this subsection).
(6) The functions of the court under this section, and any functions under the 1983 Act that are
exercisable by the court by reason of this section or Schedule 4, are to be exercised by–
(a) the judge advocate for the trial mentioned in subsection (1); or
(b) in a case where that judge advocate has made an interim hospital order under section
38 of the 1983 Act as modified by Schedule 4, by that or any other judge advocate.
(7) In subsection (1) “act”includes an omission and the reference to the doing of an act is to be read
accordingly.
(8) Schedule 4 (modifications of the 1983 Act) has effect.
Amendments Pending
Commencement
Extent
Law In Force
170 Service supervision orders

(1) In section 169 and this section a “service supervision order” means an order which requires the
person in respect of whom it is made (“the supervised person”) to be under the supervision of a
person specified in the order (“the supervising officer”) for a period specified in the order.
(2) The period specified in the order must not exceed the maximum period for the time being
specified in paragraph 1(1) of Schedule 1A to the Criminal Procedure (Insanity) Act 1964 (c. 84)
(maximum period of civilian supervision order).
(3) The court may not make a service supervision order under section 169(2)(b) unless it is satisfied–
(a) that, having regard to all the circumstances of the case, the making of a service
supervision order is the most suitable way of dealing with the defendant;
(b) that the supervising officer intended to be specified in the order is willing to undertake
the supervision; and
(c) that arrangements have been made for any treatment which (under subsection (4)) is
intended to be specified in the order.
(4) An order under section 169(2)(b) may, in accordance with regulations under subsection (5),
require the supervised person to submit, during the whole of the period specified in the order or
such part of it as may be so specified, to treatment by or under the direction of a registered medical
practitioner.
(5) The Secretary of State may by regulations make further provision in relation to service
supervision orders, including in particular provision–
(a) as to the procedure to be followed by a court making a service supervision order;
(b) as to the descriptions of supervising officer who may be specified in such an order;
(c) for treatment to be provided, in accordance with arrangements made by the medical
practitioner by whom or under whose direction the supervised person is being treated, at a
place other than a place specified in the order;
(d) authorising a court to include in a service supervision order requirements corresponding
to any requirements that Schedule 1A to the Criminal Procedure (Insanity) Act 1964 (c. 84)
for the time being allows to be included in supervision orders under that Act;
(e) imposing on the supervised person obligations corresponding to any for the time being
imposed by that Schedule;
(f) for the amendment and revocation of a service supervision order.
Amendments Pending
Commencement
Pt 7 c. 4 s. 170(1)-(5)(f): March 28, 2009 for the purpose of enabling the Secretary of State to make orders, regulations
Extent
Pt 7 c. 4 s. 170(1)-(5)(f): United Kingdom (extends to the Isle of Man and the British overseas territories and may
Law In Force
171 Remission for trial

(1) Where–
(a) a person is detained in pursuance of a hospital order which the Court Martial had power
to make by virtue of section 169(1)(a),
(b) the court also made a restriction order, and
(c) the restriction order has not ceased to have effect,
the Secretary of State, if satisfied after consultation with [ the responsible clinician ] 1 that the
person can properly be tried, may remit the person for trial by the Court Martial.
(2) A person remitted under this section must be transferred to service custody, but when he is so
transferred–
(a) he must as soon as practicable be brought before a judge advocate for a review of
whether he should continue to be kept in service custody; and
(b) on that review he is to be dealt with as on a review under section 108(1) (see section
108(4) to (8)).
(3) On the transfer of a person to service custody under this section the hospital order and restriction
order cease to have effect.
“hospital order” and “restriction order”have the same meanings as in section 169;
[ “the responsible clinician” means the responsible clinician within the meaning of Part 3
of the Mental Health Act 1983. ] 2
(5) In subsection (1)(a) the reference to a hospital order as there mentioned includes a reference
to–
(a) a hospital order made by virtue of section 16(1)(b) or 22(3A) of the Court Martial
Appeals Act 1968 (c. 20);
(b) a hospital order made by virtue of section 25B(1) of that Act in a case in which a finding
within section 169(1)(a) of this Act was made by the Court Martial.
Notes
1
Words substituted by Mental Health Act 2007 c. 12 Pt 1 c.2 s.15(5)(a) (October 31, 2009: substitution came into
force on November 3, 2008 but could not take effect until the commencement of 2006 c.52 s.171(1) on October
31, 2009)
2
Definition substituted by Mental Health Act 2007 c. 12 Pt 1 c.2 s.15(5)(b) (October 31, 2009: substitution came
into force on November 3, 2008 but could not take effect until the commencement of 2006 c.52 s.171(4) on October
31, 2009)
Amendments Pending
Commencement
Extent
Pt 7 c. 4 s. 171(1)-(4) definition of "hospital order", (4) definition of "the responsible medical officer"-(5)(b): United
Kingdom (extends to the Isle of Man and the British overseas territories and may extend to the any of the Channel
Islands as specified by Orders in Council made under this Act)
Pt 7 c. 4 s. 171(4) definition of "the responsible clinician": United Kingdom
Law In Force
172 Provision supplementary to sections 166 and 168

(1) In sections 166 and 168 and this section “duly approved” means approved for the purposes of
section 12 of the Mental Health Act 1983 by the Secretary of State [ , or by another person by
virtue of section 12ZA or 12ZB of that Act, ] 1 as having special experience in the diagnosis or
treatment of mental disorder .
(2) For the purposes of the provisions of sections 166 and 168 which permit a court to act on the
written evidence of–
(a) a registered medical practitioner, or
(b) a registered medical practitioner who is duly approved,
a report in writing purporting to be signed by a registered medical practitioner or a registered
medical practitioner who is duly approved may (subject to subsection (4)) be received in evidence
without proof of the signature of the practitioner and without proof that he has the requisite
qualifications or is duly approved.
(3) The court may require the signatory of any such report to be called to give oral evidence.
(4) Where in pursuance of a direction of the court any such report is tendered in evidence otherwise
than by or on behalf of the defendant, then–
(a) if the defendant is represented by counsel or a solicitor, a copy of the report must be
given to his counsel or solicitor;
(b) if the defendant is not so represented the substance of the report must be disclosed to
him or, if he is aged under 18, to his parent or guardian if present in court;
(c) the defendant may require the signatory of the report to be called to give oral evidence;
and
(d) evidence to rebut the evidence contained in the report may be called by the defendant
or on his behalf.
Notes
1
Words inserted by Health and Social Care Act 2012 c. 7 Pt 1 s.38(5)(e) (April 1, 2013 subject to savings and
transitional provisons specified in SI 2013/160 arts 5-9)
Amendments Pending
Commencement
Extent
PART 8
SENTENCING POWERS AND MANDATORY ETC SENTENCES
CHAPTER 1
DEFINITION ETC OF CERTAIN SENTENCES
Service supervision and punishment orders
Law In Force
173 Service supervision and punishment orders

(1) A service supervision and punishment order is an order that–
(a) imposes on the offender, for a period specified in the order, such requirements as
regulations made by the Defence Council may prescribe; and
(b) provides that one-sixth of his gross pay for that period is forfeit.
(2) The period specified in the order must be 90, 60 or 30 days beginning with the day the order is
made.
(3) The requirements that regulations under this section may prescribe include, in particular–
(a) requirements to perform activities of a prescribed description;
(b) requirements not to use entitlement to leave;
and the descriptions of activities that may be prescribed include extra work and drill.
(4) A requirement included in regulations under this section may be for a person to perform an
activity of a prescribed description for up to a prescribed period of time per day, and the regulations
may–
(a) confer on the person's commanding officer the function of deciding in respect of any
day what activities within the prescribed description must be performed and for how much
of the prescribed period of time and when;
(b) provide for the delegation by the commanding officer of any of his functions under the
regulations.
(5) Regulations under this section may prescribe different requirements for different parts of the
period of the order.
(6) In this section “prescribed” means prescribed by regulations under this section.
Amendments Pending
Commencement
Pt 8 c. 1 s. 173(1)-(6): March 28, 2009 for the purpose of enabling the Defence Council to make regulations; October
Extent
Law In Force
174 Review of service supervision and punishment orders

(1) The commanding officer of a person subject to a service supervision and punishment order
must, at times prescribed by regulations made by the Defence Council, consider whether the order
should continue in force.
(2) If on a review under subsection (1) the commanding officer decides that the order should not
continue in force, he must order that it shall immediately cease to have effect.
(3) Regulations made by the Defence Council may–
(a) prescribe criteria to be applied by a commanding officer in deciding whether an order
should continue in force;
(b) make provision about procedure in relation to orders under subsection (2).
(4) Where a commanding officer makes an order under subsection (2), there remains forfeit one-sixth
of the offender's gross pay for the period–
(a) beginning with the day the service supervision and punishment order is made; and
(b) ending with the day before the date of the commanding officer's order.
Amendments Pending
Commencement
Pt 8 c. 1 s. 174(1)-(4)(b): March 28, 2009 for the purpose of enabling the Defence Council to make regulations; October
Extent
Service compensation orders
Law In Force
175 Service compensation orders

(1) A service compensation order is an order that requires the offender to pay compensation for
any personal injury, loss or damage resulting from–
(a) the offence of which he has been convicted; or
(b) where any other offence is taken into consideration in determining his sentence, any
offence so taken into consideration.
(2) A service compensation order must be of such amount as the court considers appropriate, having
regard to any evidence and to any representations that are made by or on behalf of the offender or
the prosecutor.
(3) In the case of an offence of unlawfully obtaining any property (whether by stealing it, handling
it or otherwise), where the property in question is recovered, any damage to the property occurring
while it was out of the owner's possession is to be treated for the purposes of this section as having
resulted from the offence, however and by whomever the damage was caused.
(4) No service compensation order may be made in respect of–
(a) bereavement;
(b) funeral expenses; or
(c) loss of any other kind suffered by the dependants of a person in consequence of his
death.
(5) No service compensation order may be made in respect of injury, loss or damage due to an
accident arising out of the presence of a motor vehicle on a road unless–
(a) it is in respect of damage treated by subsection (3) as resulting from an offence of
unlawfully obtaining any property; or
(b) it is in respect of injury, loss or damage as respects which–
(i) the offender is uninsured in relation to the use of the vehicle; and
(ii) compensation is not payable under any arrangements to which the Secretary of
State is a party.
(6) Where a service compensation order is made in respect of injury, loss or damage due to an
accident arising out of the presence of a motor vehicle on a road, the amount to be paid may include
an amount representing the whole or part of any loss of or reduction in preferential rates of insurance
attributable to the accident.
(7) For the purposes of subsection (5) a person is not uninsured in relation to the use of a vehicle
if–
(a) the vehicle is in the public service of the Crown; or

(b) the use of the vehicle is exempted from insurance by section 144 of the Road Traffic
Act 1988 (c. 52) or Article 90(2) of the Road Traffic (Northern Ireland) Order 1981 (S.I.
1981/154 (N.I. 1)).
[ (7A) The court must consider making a service compensation order in any case where it has power
to do so. ] 1
(8) The court must give reasons, on passing sentence, if it does not make a service compensation
order in a case where it has power to do so.
(9) References in this section to “the court”are references to the court or officer sentencing the
offender.
Notes
1
Added by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Pt 3 c.1 s.63(2) (December 3, 2012)
Amendments Pending
Commencement
Extent
Law In Force
176 Service compensation orders: appeals etc

(1) A person in whose favour a service compensation order is made is not entitled to receive the
amount due to him until (disregarding any power of a court to grant leave to appeal out of time)
there is no further possibility of an appeal which could result in the order being varied or ceasing
to have effect.
(2) Where the Supreme Court restores a conviction of a service offence, it may make any service
compensation order which the court of trial could have made.
(3) Where a service compensation order has been made against any person in respect of an offence
taken into consideration in determining his sentence–
(a) the order ceases to have effect if he successfully appeals against his conviction of the
offence or, if more than one, all the offences, of which he was convicted in the proceedings
in which the order was made;
(b) he may appeal against the order as if it were part of the sentence imposed in respect of
the offence or, if more than one, any of the offences, of which he was so convicted.
Amendments Pending
Commencement
Extent
Law In Force
177 Review of service compensation orders

(1) The appropriate court may, on the application of the person against whom a service compensation
order was made, discharge the order or reduce the amount which remains to be paid; but this is
subject to subsections (2) and (3).
(2) The appropriate court may exercise a power conferred by subsection (1) only at a time when
(disregarding any power of a court to grant leave to appeal out of time) there is no further possibility
of an appeal which could result in the order being varied or ceasing to have effect.
(3) The appropriate court may exercise a power conferred by subsection (1) only if it appears to
the court–
(a) that the injury, loss or damage in respect of which the service compensation order was
made has been held in civil proceedings to be less than it was taken to be for the purposes
of the order;
(b) in the case of a service compensation order in respect of the loss of any property, that
the property has been recovered by the person in whose favour the order was made; or
(c) that the person against whom the service compensation order was made has suffered a
substantial reduction in his means which was unexpected at the time when the order was
made, and that his means seem unlikely to increase for a considerable period.
(4) In this section “the appropriate court” means–
(a) if the service compensation order was awarded by an officer and subsection (5) applies,
the commanding officer of the person against whom the service compensation order was
made;
(b) in any other case, the Court Martial.
(5) This subsection applies if the person against whom the service compensation order was made
is for the time being–
(a) subject to service law;
(b) a member of a volunteer reserve force; or

commitment.
Amendments Pending
Commencement
Extent
Service community orders (civilians and dismissed servicemen only)
Law In Force
178 Service community orders

(1) A service community order is an order–
(a) imposing on the offender one or more of the requirements mentioned in section 177(1)
of the 2003 Act (community orders under that Act); and
(b) specifying the local justice area in England and Wales, or (as the case may be) the
locality in Scotland or the petty sessions district in Northern Ireland, where the offender
resides or will reside.
(2) The power to include in the order one or more of the requirements mentioned in section 177(1)
of the 2003 Act is subject to–
(a) any restriction that section 177(1) imposes in relation to a particular requirement;
(b) the provisions of the 2003 Act mentioned in the paragraphs of section 177(2) of that
Act; and
(c) section 218 of that Act.
(3) In the following provisions of the 2003 Act “community order”includes a service community
order under this Act–
[ section 177(2A) to (6) ] 1 (provision about the making of community orders);
section 178 (power to provide for court review of community orders);
Chapter 4 of Part 12 (further provision about orders).
(4) In those provisions in their application in relation to a service community order under this Act,
“court”includes a relevant service court.
(5) The following provisions of the 2003 Act do not apply in relation to a service community order
under this Act–
section 207(3)(a)(ii) (condition for mental health treatment requirement);

section 219(3) (requirement to give copy of order to magistrates' court).
(6) For the purposes of this section each of the following is a relevant service court–
(a) the Court Martial;
(b) the Service Civilian Court;
(c) the Court Martial Appeal Court;
(d) the Supreme Court on an appeal brought from the Court Martial Appeal Court.
Notes
1
Word substituted by Crime and Courts Act 2013 c. 22 Sch.16(8) para.32 (December 11, 2013 in relation to the
United Kingdom)
Amendments Pending
Commencement
Extent
Law In Force
179 Periodic review etc of service community orders

(1) In section 210 of the 2003 Act (provision for periodic reviews of drug rehabilitation requirement)
as it applies to a service community order under this Act–
(a) “the court responsible for the order” means the Crown Court; and
(b) subsections (2) to (4) shall be treated as omitted.
(2) Section 211 of that Act (periodic reviews of drug rehabilitation requirement) has effect in its
application to such an order as if for subsections (3) to (5) there were substituted–
“(3A) If the offender fails to express his willingness to comply with the drug rehabilitation
requirement as proposed to be amended by the court, the court may revoke the service
community order and deal with him, for the offence in respect of which the order was made–
(a) if that offence is an offence punishable with imprisonment, in any way in which
it could deal with him if he had just been convicted before the court of an offence
punishable with imprisonment;
(b) if it is not an offence punishable with imprisonment, in any way in which it
could deal with him if he had just been convicted before the court of an offence not
punishable with imprisonment.
(3B) In dealing with the offender under subsection (3A) the court–
(a) must take into account the extent to which the offender has complied with the
requirements of the order, and
(b) where subsection (3A)(a) applies, may impose a sentence of imprisonment
notwithstanding anything in section 152(2).
(3C) A term of imprisonment or fine imposed under subsection (3A)–
(a) must not exceed the maximum permitted for the offence in respect of which the
order was made, and
(b) where the order was made by the Service Civilian Court, must not exceed–
(i) in the case of a term of imprisonment, [ 6 months ] 1 ;
(ii) in the case of a fine, the prescribed sum within the meaning of section
32 of the Magistrates' Courts Act 1980 (c. 43).”
(3) Where a sentence is passed under section 211(3A) of the 2003 Act as substituted by subsection
(2) above, section 9 of the Criminal Appeal Act 1968 (c. 19) (appeal against sentence) applies as
if the offender had been convicted on indictment of the offence for which the sentence was passed.
Notes
1
Words substituted by Armed Forces Act 2006 (Transitional Provisions etc) Order 2009/1059 Sch.2 para.3(b)
(October 31, 2009: substitution came into force on April 24, 2009 but cannot take effect until the commencement
of 2006 c.52 s.179(2) on October 31, 2009)
Amendments Pending
Pt 8 c. 1 s. 179(2): words substituted by Armed Forces Act 2006 (Transitional Provisions etc) Order 2009/1059, Sch.
2 para. 3(b) (date to be appointed: substitution shall come into force upon the coming into force of the Criminal Justice
Act 2003, s.332 and Sch.37 Pt 7)
Commencement
Extent
Law In Force
180 Transfer of service community order to Scotland or Northern Ireland

(1) In Schedule 9 to the 2003 Act (transfer of community orders to Scotland or Northern Ireland)–
(a) “community order”includes a service community order under this Act; and
(b) in the provisions mentioned in subsection (2), “court”includes a relevant service court.
(2) Those provisions are paragraphs 1(1) and (5), 2(1), 3(1), 4(1), 6, 9 (except 9(b)) and 10(c) and
(d).
(3) In its application to a service community order under this Act, that Schedule has effect as if–
(a) the reference in paragraph 9(c) to the powers of the court making or amending the order
were to the powers of the Crown Court;
(b) the reference in paragraph 11 to a community order made in England and Wales included
a service community order made (anywhere) under this Act;
(c) the reference in paragraph 11 to the court which made the order or the court which last
amended the order in England and Wales were to the Crown Court; and
(d) the reference in paragraph 15 to the court which made the order were to the Crown
Court.
(4) In this section “relevant service court”has the meaning given by section 178(6).
Amendments Pending
Pt 8 c. 1 s. 180(2): words inserted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Pt 3 c. 1 s.
76(11)(a) (date to be appointed)
Commencement
Extent
Law In Force
181 Breach, revocation or amendment of service community order

Part 1 of Schedule 5 (application of Schedule 8 to the 2003 Act to service community orders) has
effect.
Amendments Pending
Commencement
Extent
Overseas community orders (civilians only)
Law In Force
182 Overseas community orders

(1) An overseas community order is an order–
(a) imposing on the offender one or more of the requirements mentioned in section 177(1)
of the 2003 Act (community orders under that Act) [ (but see subsection (1A) below) ] 1 ;
and
(b) not specifying anywhere as an area where the offender resides or will reside.
[ (1A) The order may not include a requirement mentioned in section 177(1)(ga) (a foreign travel
prohibition requirement) or (ja) (an alcohol abstinence and monitoring requirement) [ or (m) (an
electronic monitoring requirement) ] 3 . ] 2
(2) The order may include a particular requirement mentioned in section 177(1) of the 2003 Act
only if the court is satisfied–
(a) that the requirement, and the arrangements (if any are needed) that will be made in
connection with it, are such that the offender will be able to comply with the requirement
in the area where he resides or will reside; and
(b) that arrangements will be made for the supervision of his compliance with the
requirement.
(3) The power to include in the order one or more of the requirements mentioned in section 177(1)
of the 2003 Act is also subject to–
(a) the provisions mentioned in the paragraphs of section 177(2) of that Act; and
(b) Schedule 6 to this Act (special provisions for young offenders).
[ (3A) In section 177(2A) and (2B) of the 2003 Act (community orders: punitive elements)
“community order”includes an overseas community order if the offender is aged 18 or over when
convicted of the offence in respect of which the overseas community order is made. ] 4
(4) Subject to section 183 below, in the following provisions of the 2003 Act “community
order”includes an overseas order–
[ section 177(5), (5A), (5B) and (6) ] 5 (provision about the making of community orders);
Chapter 4 of Part 12 (further provision about orders).
(5) In [ the provisions of the 2003 Act mentioned in subsections (3A) and (4) ] 6 in their application
in relation to an overseas community order, “court”includes a relevant service court.
(6) For the purposes of this section each of the following is a relevant service court–
Notes
1
Words inserted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Pt 3 c.1 s.78(2) (December
3, 2012)
2
Added by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Pt 3 c.1 s.78(3) (December 3, 2012
except in relation to alcohol abstinence and monitoring requirements; not yet in force otherwise)
3
Words inserted by Crime and Courts Act 2013 c. 22 Sch.16(8) para.37(2) (December 11, 2013 in relation to the
United Kingdom)
4
Added by Crime and Courts Act 2013 c. 22 Sch.16(8) para.33(2) (December 11, 2013 in relation to the United
Kingdom)
5
3, 2012)
6
Words substituted by Crime and Courts Act 2013 c. 22 Sch.16(8) para.33(3) (December 11, 2013 in relation to
the United Kingdom)
Amendments Pending
Commencement
Extent
Pt 8 c. 1 s. 182(1)-(1)(b), (2)-(3)(b), (4)-(6)(d): United Kingdom (extends to the Isle of Man and the British overseas
Law In Force
183 Overseas community orders: modifications of 2003 Act

(1) The following provisions of Chapter 4 of Part 12 of the 2003 Act do not apply in relation to
overseas community orders–
[…]1
sections 210 and 211 (periodic review of drug rehabilitation requirement);
[ sections 215 and 215A ] 2 (electronic monitoring requirement);
section 216 (requirement to specify local justice area);
section 218 (availability of arrangements in local justice area etc) [ ; ] 3
[ section 220A(8) (duty to obtain permission before changing residence: definition of “the
appropriate court”). ] 3
[ (1A) Section 198(1) (duties of responsible officer) has effect as if at the end there were inserted—
“(c) where appropriate, to take steps to enforce those requirements.”

4
]
(2) […]5
(3) The court by which an overseas community order is made must (as well as complying with so
much as is applicable of section 219 of the 2003 Act) provide a copy of the order without delay–
(a) to the offender's commanding officer;
(b) if the offender is aged under 14, to his parent or guardian; and
(c) if the order imposes an education requirement under Schedule 6 to this Act, to Service
Children's Education.
[ (3A) In section 220A of the 2003 Act (duty to obtain permission before changing residence), as
it applies to an overseas community order, “the appropriate court” means the court that made the
order. ] 6
(4)-(5) […]5
Notes
1
Words repealed by Offender Rehabilitation Act 2014 c. 11 Sch.6 para.4(2) (June 1, 2014)
2
the United Kingdom)
3
Words inserted by Offender Rehabilitation Act 2014 c. 11 Sch.6 para.8(a) (February 1, 2015)
4
Added by Offender Rehabilitation Act 2014 c. 11 Sch.6 para.4(3) (June 1, 2014)
5
Repealed by Offender Rehabilitation Act 2014 c. 11 Sch.6 para.4(4) (June 1, 2014)
6
Added by Offender Rehabilitation Act 2014 c. 11 Sch.6 para.8(b) (February 1, 2015)
Amendments Pending
Commencement
Extent
Pt 8 c. 1 s. 183(1), (2)-(3)(c), (4)-(5): United Kingdom (extends to the Isle of Man and the British overseas territories
Law In Force
184 Breach, revocation or amendment of overseas community order

Part 2 of Schedule 5 (application of Schedule 8 to the 2003 Act to overseas community orders) has
effect.
Amendments Pending
Commencement
Extent
Conditional or absolute discharge (civilians only)
Law In Force
185 Conditional or absolute discharge

(1) A conditional discharge is an order discharging the offender subject to the condition that he
commits no service offence during a period specified in the order.
(2) The period specified in the order (“the period of conditional discharge”) must–
(a) begin with the date of the order; and
(b) not exceed the maximum period for the time being specified in section 12(1)(b) of the
Sentencing Act (maximum period of civilian conditional discharge).
(3) An absolute discharge is an order discharging the offender absolutely.
(4) Where by virtue of Schedule 3 a court sentences an offender by conditionally or absolutely
discharging him, the sentence must not include any other punishment except a service compensation
order.
Amendments Pending
Commencement
Extent
Law In Force
186 Commission of further offence by person conditionally discharged

(1) This section applies where a person who has been conditionally discharged by virtue of Schedule
3 is convicted by the Court Martial or the Service Civilian Court (“the convicting court”) of an
offence committed during the period of conditional discharge.
(2) If the convicting court is the Court Martial, it may deal with him for the offence for which he
was conditionally discharged in any way in which the court that conditionally discharged him could
deal with him if it had just convicted him of that offence.
(3) If the convicting court is the Service Civilian Court, it may deal with him for the offence for
which he was conditionally discharged in any way in which it could deal with him if it had just
convicted him of that offence.
(4) If a person conditionally discharged is subsequently dealt with under this section for the offence
in respect of which the order conditionally discharging him was made, that order ceases to have
effect.
(5) A person who–
(a) is sentenced by a court under subsection (2) or (3) for an offence for which he was
conditionally discharged, and
(b) was not convicted of that offence by that court,
is to be treated, for the purpose of enabling him to appeal against the sentence under section 285
below or the Court Martial Appeals Act 1968 (c. 20), as if he had been so convicted.
(6) Where subsection (3) applies and the offence for which the person was conditionally discharged
is not one that the Service Civilian Court would have jurisdiction to try, it shall be assumed for the
purposes of that subsection that it could have convicted him of the offence.
Amendments Pending
Commencement
Extent
Law In Force
187 Effect of discharge

(1) A conviction of an offence for which an order under section 185 discharging the offender
absolutely or conditionally is made shall be deemed not to be a conviction for any purpose other
than the purposes of the proceedings in which the order is made and of any subsequent proceedings
which may be taken against the offender under section 186.
(2) Where the offender was aged 18 or over at the time of his conviction of the offence in question
and is subsequently dealt with under section 186 for that offence, subsection (1) ceases to apply to
the conviction.
(3) Without prejudice to subsections (1) and (2), a conviction of an offence for which an order
under section 185 discharging the offender absolutely or conditionally is made is in any event to
be disregarded for the purposes of any enactment or instrument which–
(a) imposes any disqualification or disability on convicted persons; or
(b) authorises or requires the imposition of any such disqualification or disability.
“enactment”includes an enactment contained in an Act of the Scottish Parliament, in Northern
Ireland legislation or in a local Act;
“instrument” means an instrument having effect by virtue of an Act or Northern Ireland
legislation (and “Act” here includes an Act of the Scottish Parliament).
(5) Subsections (1) to (4) do not affect–
(a) any appeal, whether against conviction or otherwise;
(b) any right of the offender to rely on his conviction in bar of any subsequent proceedings
for the same offence; or
(c) the restoration of any property in consequence of the conviction.
Amendments Pending
Commencement
Extent
CHAPTER 2
CONSECUTIVE SENTENCES
Law In Force
188 Consecutive custodial sentences

(1) This section applies where a court passes a qualifying custodial sentence on a person in respect
of a service offence.
(2) In this section “qualifying custodial sentence” means–

(a) a determinate sentence of imprisonment;
(b) a determinate sentence of detention under section 209; or
(c) a sentence of detention under [ section 226B ] 1 of the 2003 Act passed as a result of
[ section 221A ] 2 of this Act.
(3) The court may direct–
(a) that the sentence shall take effect from the end of any other qualifying custodial sentence
that the court passes on the person on the same occasion;
(b) that the sentence shall take effect from the end of any sentence to which this paragraph
applies that was passed on the person on a previous occasion; or
(c) that the sentence shall take effect from the date when the person is (or but for the
direction would be) released from custody under any sentence to which this paragraph
applies that was passed on him on a previous occasion.
(4) Subsection (3)(b) applies to any of the following sentences, other than one from which the
person has already been released early under Chapter 6 of Part 12 of the 2003 Act [ or under Part
2 of the Criminal Justice Act 1991 ] 3 –
(a) a determinate sentence of imprisonment passed in respect of a service offence or by a
civilian court in England and Wales;
(b) a determinate sentence of detention under section 209 of this Act or section 91 of the
Sentencing Act;
(c) a sentence of detention under [ section 226B or 228 ] 4 of the 2003 Act (whether or not
passed as a result of [ section 221A or 222 ] 5 of this Act).
(5) Subsection (3)(c) applies to any of the following sentences (wherever passed)–
(a) a determinate sentence of imprisonment not falling within paragraph (a) of subsection
(4);
(b) a sentence not falling within paragraph (b) or (c) of subsection (4) but corresponding
to a sentence so falling.
(6) In subsection (1) “court”does not include a civilian court.
Notes
1
Word substituted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.22(2) para.23(2)(a)
(December 3, 2012)
2
Word substituted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.22(2) para.23(2)(b)
(December 3, 2012)
3
Words inserted by Criminal Justice and Immigration Act 2008 c. 4 Sch.25(2) para.11 (October 31, 2009)
4
Words inserted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.22(2) para.23(3)(a)
(December 3, 2012)
5
Words inserted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.22(2) para.23(3)(b)
(December 3, 2012)
Amendments Pending
Commencement
Extent
Law In Force
189 Consecutive sentences of service detention

(1) A court which passes a sentence of service detention on a person may direct that the sentence
shall take effect from the end of any other sentence of service detention–
(a) that has been passed on him on a previous occasion; or
(b) that the court passes on him on the same occasion.
(2) In subsection (1) “court”does not include the Summary Appeal Court.
(3) Where an officer or the Summary Appeal Court awards a person a term of service detention,
the officer or court may direct that the award shall take effect from the end of any other sentence
of service detention that has been passed on him on a previous occasion.
(4) This section is subject to section 244 (limit on combined term of sentences of service detention).
Amendments Pending
Commencement
Extent
CHAPTER 3
SUSPENDED SENTENCE OF SERVICE DETENTION

Law In Force
190 Suspension of sentence of service detention

(1) A court which, or officer who, passes a sentence of service detention may order that the sentence
shall not have effect unless–
(a) during a period specified in the order (“the operational period”) the offender commits
another service offence or [ an offence under the law of any part of the British Islands ] 1 ;
and
(b) a court or officer orders under section 191 or 193 that the sentence shall take effect.
(2) The operational period must be a period of at least three months and not more than twelve
months beginning with the date of the order made under this section.
(3) In this Act “suspended sentence of service detention” means a sentence to which an order under
this section relates.
Notes
1
Amendments Pending

Pt 8 c. 3 s. 190(2): s.190(2)-(2B) substituted for s.190(2) (substitution has effect subject to Armed Forced Bill 2015-16
s.6(2)) by Armed Forces Bill 2015 (HC Bill 70) s. 6(1) (date to be appointed)
Commencement
Extent
Law In Force
191 Activation by Court Martial of suspended sentence of service detention

(1) The Court Martial may make an order under subsection (3) where it convicts a person of an
offence committed during the operational period of a suspended sentence of service detention
passed on him.
(2) The Court Martial may also make an order under subsection (3) if–
(a) the Court Martial has passed a suspended sentence of service detention on a person;
(b) the person has been convicted of another service offence, or [ an offence under the
law of any part of the British Islands ] 1 , committed during the operational period of the
suspended sentence; and
(c) the person appears or is brought before the Court Martial following the issue of a
summons or warrant under subsection (6).
(3) An order under this subsection is an order–
(a) that the suspended sentence shall take effect with the original term unaltered; or
(b) that the suspended sentence shall take effect with the substitution of a lesser term for
the original term.
(4) An order under subsection (3) may provide either–
(a) that the suspended sentence shall take effect immediately; or
(b) that the suspended sentence shall take effect from the end of another sentence of service
detention which has been passed on the person on a previous occasion or which the court
passes on the person on the same occasion as it makes the order.
(5) Where–
(a) by virtue of subsection (2) the Court Martial orders that a suspended sentence shall take
effect, and
(b) the conviction mentioned in subsection (2)(b) is a conviction by an officer or the
Summary Appeal Court,
any unserved part of any service supervision and punishment order or minor punishment awarded
by the officer or the Summary Appeal Court is remitted by the making of the order.
(6) If it appears to the Court Martial–
(a) that subsection (2)(a) and (b) apply, and
(b) that the offender has not been dealt with in respect of the suspended sentence,
the court may issue a summons requiring him to appear at the time and place specified in it, or a
warrant for his arrest.
(7) In subsection (2)(a) the reference to the Court Martial includes–
(a) the Court Martial Appeal Court; and
(b) the Supreme Court on an appeal brought from the Court Martial Appeal Court.
(8) This section is subject to section 244 (limit on combined term of sentences of service detention).
Notes
1
Amendments Pending
Commencement
Extent
Law In Force
192 Activation by Court Martial: appeals

(1) This section applies where an order under section 191 is made.
(2) For the purposes of the Court Martial Appeals Act 1968 (c. 20)–
(a) the order is to be treated as a sentence passed on the offender by the Court Martial for
the offence for which the suspended sentence was passed; and
(b) if the offender was not convicted of that offence by the Court Martial, he is to be treated
for the purpose of enabling him to appeal against the order as if he had been so convicted.
(3) For the purposes of any appeal against the order references in section 16A of that Act to passing
a sentence include making an order.
(4) On an appeal against the order the Court Martial Appeal Court may (as an alternative to exercising
its powers under section 16A(2) of that Act) quash the order.
Amendments Pending
Commencement
Extent
Law In Force
193 Activation by CO of suspended sentence of service detention

(1) This section applies in relation to a suspended sentence of service detention passed on an offender
by an officer or the Summary Appeal Court.
(2) If–
(a) an officer records a finding that a charge against the offender in respect of an offence
committed during the operational period of the suspended sentence is proved, or
(b) the offender is convicted of [ an offence under the law of any part of the British
Islands ] 1 which was committed during that operational period, and subsequently appears
before his commanding officer,
the officer may (subject to section 194) make an order under subsection (3).
(3) An order under this subsection is an order–
(a) that the suspended sentence shall take effect with the original term unaltered; or
(b) that the suspended sentence shall take effect with the substitution of a lesser term for
the original term.
(4) An order under subsection (3) may provide either–
(a) that the suspended sentence shall take effect immediately; or
(b) that the suspended sentence shall take effect from the end of another sentence of service
detention which has been passed on the offender on a previous occasion or which the officer
passes on the offender on the same occasion as he makes the order.
(5) Any provision included by virtue of subsection (4) in an order made by an officer has effect
subject to section 292 (postponement of commencement of suspended sentence on activation by
CO).
Notes
1
Amendments Pending
Commencement
Extent
Law In Force
194 Activation by CO: maximum term

(1) The term of a suspended sentence as it takes effect by virtue of an order under section 193 must
not exceed 28 days unless the officer has extended powers for the purposes of this section.
(2) If–
(a) section 193(2)(a) applies and the officer awards a term of service detention in respect
of the offence mentioned there (“the new sentence”), and
(b) the officer makes an order under section 193 and the order provides for the suspended
sentence to take effect from the end of the new sentence,
the aggregate of the terms of the two sentences must not exceed 28 days or, if the officer has
extended powers for the purposes of this section, 90 days.
(3) Nothing in subsection (2) affects section 133 (which determines the maximum length etc of the
new sentence).
(4) An officer has extended powers for the purposes of this section if he has, [ within the relevant
time (defined by section 194A) ] 1 –
(a) applied to higher authority for extended powers for the purposes of this section; and
(5) An officer also has extended powers for the purposes of this section if he is of or above the rank
of rear admiral, major-general or air vice-marshal.
(6) […]2
(7) Section 193 is subject to section 244 (limit on combined term of sentences of service detention).
Notes
1
2
Amendments Pending
Commencement
Extent
Law In Force
[ 194A Extended powers of activation: time for obtaining

(1) In section 194(4)“within the relevant time” means—
(a) where section 193(2)(a) applies, before the start of the summary hearing of the charge
mentioned there (but this is subject to subsections (2) and (3));
(b) where section 193(2)(b) applies, before the start of the hearing as to whether an order
under section 193 should be made.
(2) Subsection (3) applies where the summary hearing of the charge mentioned in section 193(2)(a)
is one where, after the start of the hearing—
(a) a charge is amended under section 123(2)(a);
(b) a charge is substituted for another charge under section 123(2)(b); or
(c) an additional charge is brought under section 123(2)(c).
(3) Any application for or grant of extended powers which is made in the period between—
(a) the making of the amendment, substitution or addition, and
(b) the time when the summary hearing is proceeded with after the amendment, substitution
or addition,
is to be treated for the purposes of section 194(4) as made within the relevant time.
]1
Notes
1
Amendments Pending
Extent
Law In Force
195 Suspended sentences: powers of SAC

(1) For the purposes of Chapters 2 and 3 of Part 6 (appeals and reviews), an order under section
193 is to be treated as a punishment awarded for the offence for which the suspended sentence was
awarded.
(2) Where an order under section 193 was made by virtue of a finding within section 193(2)(a)–
(a) any appeal, or application for leave to appeal, against the finding or the punishment
awarded in respect of it is for the purposes of Chapter 2 of Part 6 to be treated as also being
an appeal or application for leave to appeal against the order;
(b) any appeal, or application for leave to appeal, against the order is for those purposes to
be treated as also being an appeal or application for leave to appeal against the punishment.
(3) Subsections (4) to (7) apply on an appeal to the Summary Appeal Court in a case in which
section 193(2)(a) applied (power of CO to activate suspended sentence following finding of guilt).
(4) If the officer made an order under section 193, the Summary Appeal Court may (as an alternative
to confirming the order)–
(a) quash the order; or
(b) make, in substitution for the order, any order under that section that the officer could
have made.
(5) If the officer did not make an order under that section, the Summary Appeal Court may make
any order under that section that the officer could have made.
(6) Section 147(3) has effect, as regards the Summary Appeal Court's powers of punishment in
respect of the officer's finding (or any substituted finding), as if paragraph (b)(ii) were omitted.
(7) But the court may not exercise its powers under section 147(3) or subsection (4) or (5) above
in such a way that, taking the case as a whole, the appellant is dealt with more severely on appeal
than he was dealt with by the officer.
(8) On an appeal against an order under section 193 made by virtue of section 193(2)(b), the
Summary Appeal Court may (as an alternative to confirming the order)–
(a) quash the order; or
(b) make, in substitution for the order, any order under section 193 that–
(i) the officer could have made; and
(ii) is no more severe than the order appealed against.
(9) In determining in any case–
(a) whether to substitute an order under section 193, or
(b) the terms of any such substituted order,
the Summary Appeal Court must take account of any period of the suspended sentence that the
appellant served.
Amendments Pending
Commencement
Extent
CHAPTER 4
IMPRISONMENT FOR TERM OF UNDER 12 MONTHS
Application of provisions in the 2003 Act
Law In Force
196 Term of sentence etc

(1) In the following provisions of the 2003 Act, “court”includes a relevant service court–
[…]1
sections 189 and 190 (suspended sentences of imprisonment);
Chapter 4 of Part 12 (further provision about orders) in its application in relation to a […]2
suspended sentence order.
(2) For the purposes of this Chapter, each of the following is a relevant service court–
Notes
1
Repealed by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.10 para.41(2)(a) (December
3, 2012)
2
Words repealed by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.10 para.41(2)(b)
(December 3, 2012)
Amendments Pending
Commencement
Extent
Imprisonment with or without “custody plus” order
R Repealed
197 […]1
Notes
1
Repealed by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.10 para.41(3) (December 3,
2012)
R Repealed
198 […]1
Notes
1
2012)
R Repealed
199 […]1
Notes
1
2012)
Suspended sentences of imprisonment
Law In Force
200 Suspended sentence orders […]1

(1)-(4) […]2
(5) In section 189(1) of the 2003 Act (suspended sentence orders) as it applies to a relevant service
court, [ paragraph (a) ] 3 (commission of UK offence in operational period of order) has effect as
if for the words from “commits” to [ “imprisonment),” ] 4 there were substituted
“commits–
[ (i) another service offence (within the meaning of the Armed Forces Act 2006),
or
(ii) an offence under the law of any part of the British Islands,”. ] 5
(6) A relevant service court may not specify in a suspended sentence order with community
requirements a requirement to be complied with outside the United Kingdom.
[ (7) In this Chapter “a suspended sentence order with community requirements” means a suspended
sentence order that imposes one or more community requirements within the meaning of section
189(7)(c) of the 2003 Act. ] 6
Notes
1
Words repealed by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.9(1) para.15(2)
(December 3, 2012)
2
Repealed by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.9(1) para.15(3) (December
3, 2012)
3
Word substituted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.9(1) para.15(4)(a)
(December 3, 2012)
4
Words substituted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.9(1) para.15(4)(b)
(December 3, 2012)
5
(a) and (b) renumbered as (i) and (ii) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10
Sch.9(1) para.15(4)(c) (December 3, 2012)
6
Added by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.9(1) para.15(5) (December 3,
2012)
Amendments Pending
Commencement
Extent
Pt 8 c. 4 s. 200(7): United Kingdom
R Repealed
201 […]1
Notes
1
Repealed by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.9(1) para.16 (December 3,
2012)
Law In Force
202 Order with community requirements: disapplication of certain provisions

The following provisions of Chapter 4 of Part 12 of the 2003 Act do not apply in relation to a
suspended sentence order with community requirements made by a relevant service court–
section 219(3) (requirement to give copy of order to magistrates' court).
Amendments Pending
Commencement
Extent
Law In Force
203 Review of order with community requirements

(1) In section 191 of the 2003 Act (provision for periodic reviews of order) as it applies to a
suspended sentence order with community requirements made by a relevant service court–
(2) In section 210 of that Act (provision for periodic reviews of drug rehabilitation requirement)
as it applies to such an order–
(3) Section 211 of that Act (periodic reviews of drug rehabilitation requirement) has effect in its
application to such an order as if–
(a) in subsection (3)(b) for the words from “he could have been dealt with” to the end there
were substituted “it could deal with him if he had just been convicted before the court of
an offence punishable with imprisonment”;
(b) in subsection (4)(b) the words in brackets were omitted; and
(c) after subsection (4) there were inserted–
“(4A) A term of imprisonment or fine imposed under subsection (3)(b)–

(a) must not exceed the maximum permitted for the offence in respect of
which the order was made, and
(b) where the order was made by the Service Civilian Court, must not
exceed–
(ii) in the case of a fine, the prescribed sum within the meaning of
section 32 of the Magistrates' Courts Act 1980 (c. 43).”
(4) Where a sentence is passed under section 211(3)(b) of the 2003 Act as modified by subsection
(3) above, section 9 of the Criminal Appeal Act 1968 (c. 19) (appeal against sentence) applies as
if the offender had been convicted on indictment of the offence for which the sentence was passed.
Notes
1
Words substituted by Armed Forces Act 2006 (Transitional Provisions etc) Order 2009/1059 Sch.2 para.3(c)
of 2006 c.52 s.203(3) on October 31, 2009)
Amendments Pending
Pt 8 c. 4 s. 203(3): words substituted by Armed Forces Act 2006 (Transitional Provisions etc) Order 2009/1059, Sch.
2 para. 3(c) (date to be appointed: substitution shall come into force upon the coming into force of the Criminal Justice
Act 2003, s.332 and Sch.37 Pt 7)
Commencement
Extent
Law In Force
204 Transfer to Scotland or Northern Ireland of order with community requirements

(1) In paragraphs 1(1) and 6(1) of Schedule 13 to the 2003 Act (court making suspended sentence
order with community requirements may require compliance in Scotland or Northern Ireland),
“court”includes a relevant service court.
(2) In paragraphs 1(5) and (6), 3, 6(5) and 8 of that Schedule (ancillary provisions), “court” (where
the context allows) includes a relevant service court.
(3) Where Part 3 of that Schedule applies to a suspended sentence order made by a relevant service
court–
(a) references in that Part to “the original court” are to be read as references to the Crown
Court; and
(b) the following shall be treated as omitted–
(i) the definition of “original court” in paragraph 11;
(ii) paragraph 12(3).
(4) Paragraph 20(6)(b) of that Schedule (requirement to give copy of amending order etc to
magistrates' court) does not apply in relation to a suspended sentence order made by a relevant
service court.
Amendments Pending
Pt 8 c. 4 s. 204(2): word substituted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Pt 3 c. 1
s. 76(11)(b) (date to be appointed)
Commencement
Extent
Law In Force
205 Amendment of order with community requirements

(1) In Part 3 of Schedule 12 to the 2003 Act (amendment of order) as it applies to a suspended
sentence order with community requirements made by a relevant service court–
(a) “the appropriate court” means the Crown Court;
(b) the reference in paragraph 17 to the court responsible for the order is to be read as a
reference to the Crown Court; and
(c) [ paragraphs 13(3), 14(4), 15(6), 16(4), 18(2) and 22(1)(b)(ii) and (d) and (2) ] 1 shall
be treated as omitted.
(2) Paragraph 15 of that Schedule has effect in its application to such an order as if–
(a) in sub-paragraph (4)(b) for the words “of the offence” there were substituted “of an
offence punishable with imprisonment”; and
(b) after sub-paragraph (5) there were inserted–
“(5A) A term of imprisonment or fine imposed under subparagraph (4)(b)–

(a) must not exceed the maximum permitted for the offence in respect of
which the order was made, and
(b) where the order was made by the Service Civilian Court, must not
exceed–
(ii) in the case of a fine, the prescribed sum within the meaning of
section 32 of the Magistrates' Courts Act 1980 (c. 43).”
(3) Paragraphs 2(b) and 3 of that Schedule shall be treated as omitted for the purposes of Part 3 of
that Schedule as it applies to such an order.
(4) Where a sentence is passed under paragraph 15(4)(b) of Schedule 12 to the 2003 Act as modified
by subsection (2) above, section 9 of the Criminal Appeal Act 1968 (c. 19) (appeal against sentence)
applies as if the offender had been convicted on indictment of the offence for which the sentence
was passed.
Notes
1
Word substituted by Offender Rehabilitation Act 2014 c. 11 Sch.6 para.9 (February 1, 2015)
2
Words substituted by Armed Forces Act 2006 (Transitional Provisions etc) Order 2009/1059 Sch.2 para.3(d)
of 2006 c.52 s.205(2) on October 31, 2009)
Amendments Pending
Pt 8 c. 4 s. 205(2): words substituted by Armed Forces Act 2006 (Transitional Provisions etc) Order 2009/1059 Sch.
2 para. 3(d) (Not yet in force: substitution shall come into force upon the coming into force of the Criminal Justice
Act 2003, s.332 and Sch.37 Pt 7)
Commencement
Extent
Law In Force
206 Suspended sentence: further conviction or breach of community requirement

Schedule 7 (modification of Schedule 12 to the 2003 Act in relation to suspended sentences passed
by relevant service courts) has effect.
Amendments Pending
Commencement
Extent
Supplementary
Law In Force
207 Definitions for purposes of Chapter

In this Chapter–
[…]1
“relevant service court”has the meaning given by section 196(2) of this Act;
“suspended sentence order” means an order under section 189(1) of the 2003 Act;
“suspended sentence order with community requirements”has the meaning given by [ section
200(7) ] 2 of this Act [ . ] 3
[…]3
Notes
1
Definition repealed by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.10 para.41(4)
(December 3, 2012)
2
Word substituted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.9(1) para.17(a)
(December 3, 2012)
3
Definition repealed by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.9(1) para.17(b)
(December 3, 2012)
Amendments Pending
Commencement
Pt 8 c. 4 s. 207 definition of "custody plus order"- definition of "suspended sentence order without comm": October
31, 2009 (SI 2009/1167 art. 4)
Extent
Pt 8 c. 4 s. 207 definition of "custody plus order"- definition of "suspended sentence order without comm": United
Kingdom (extends to the Isle of Man and the British overseas territories and may extend to the any of the Channel
Islands as specified by Orders in Council made under this Act)
CHAPTER 5
YOUNG OFFENDERS: CUSTODIAL SENTENCES AVAILABLE TO SERVICE COURTS
Prohibition on imposing imprisonment on persons under 18
Law In Force
208 Prohibition on imposing imprisonment on persons under [ 21 ] 1

A person who is aged under [ 21 ] 1 when convicted of an offence by the Court Martial or the
Service Civilian Court shall not be sentenced to imprisonment for the offence.
Notes
1
Word substituted by Armed Forces Act 2006 (Transitional Provisions etc) Order 2009/1059 Sch.2 para.5(a)
of 2006 c.52 s.208 on October 31, 2009)
Amendments Pending
Pt 8 c. 5 s. 208: word substituted by Armed Forces Act 2006 (Transitional Provisions etc) Order 2009/1059, Sch. 2
para. 5(a) (date to be appointed: substitution shall come into force upon the coming into force of the Criminal Justice
and Court Services Act 2000, s.61)
Commencement
Extent
Detention for certain serious offences
Law In Force
209 Offenders under 18 convicted of certain serious offences: power to detain for specified
period
(1) Subsection (5) (power to pass sentence of detention) applies where–
(a) a person aged under 18 is convicted by the Court Martial of an offence under section
42 (criminal conduct); and
(b) the case is within any of subsections (2) to (4).
(2) The case is within this subsection if the corresponding offence under the law of England and
Wales is under that law–
(a) an offence punishable in the case of an offender aged [ 21 ] 1 or over with imprisonment
for 14 years or more; and
(b) not an offence the sentence for which is fixed by law.
(3) The case is within this subsection if the corresponding offence under the law of England and
Wales is an offence under–
(a) section 3 of the Sexual Offences Act 2003 (c. 42) (sexual assault);
(b) section 13 of that Act (child sex offences committed by children or young persons);
(c) section 25 of that Act (sexual activity with a child family member); or
(d) section 26 of that Act (inciting a child family member to engage in sexual activity).
(4) The case is within this subsection if it falls within section 227(1) (certain firearms offences).
(5) Where this subsection applies, the court may pass a sentence of detention under this section if
it is of the opinion that none of the other methods by which the offender may legally be dealt with
is suitable.
(6) A sentence of detention under this section is a sentence that the offender be detained for such
period (not exceeding the maximum term of imprisonment with which the offence under section
42 is punishable in the case of a person aged [ 21 ] 2 or over) as may be specified in the sentence.
(7) Subsections (5) and (6) are subject to (in particular)–
[ [ sections 224A and 226(2) ] 4 of the 2003 Act (as applied by [ sections 218A and 221(2) ] 5
of this Act) and section 227 of this Act ] 3 (required custodial sentences for certain offences);
and
sections 260 and 261 (general restrictions on custodial sentences).
Notes
1
Word substituted by Armed Forces Act 2006 (Transitional Provisions etc) Order 2009/1059 Sch.2 para.5(b)
of 2006 c.52 s.209(2)(a) on October 31, 2009)
2
Substituted by Armed Forces Act 2006 (Transitional Provisions etc) Order 2009/1059 Sch.2 para.5(b) (October
31, 2009: substitution came into force on April 24, 2009 but cannot take effect until the commencement of 2006
c.52 s.209(6) on October 31, 2009)
3
Words substituted by Criminal Justice and Immigration Act 2008 c. 4 Sch.25(2) para.12 (October 31, 2009)
4
Words substituted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.22(2) para.24(a)
(December 3, 2012)
5
Words substituted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.22(2) para.24(b)
(December 3, 2012)
Amendments Pending
Pt 8 c. 5 s. 209(6): word substituted by Armed Forces Act 2006 (Transitional Provisions etc) Order 2009/1059, Sch.
Pt 8 c. 5 s. 209(2)(a): word substituted by Armed Forces Act 2006 (Transitional Provisions etc) Order 2009/1059, Sch.
Commencement
Extent
Law In Force
210 Detention under section 209: place of detention etc

(1) A person sentenced to be detained under section 209 is liable to be detained in such place, and
under such conditions, as may be determined by the Secretary of State or by such other person as
may be authorised by him for the purpose.
(2) A person detained in pursuance of a sentence under section 209 shall be deemed to be in legal
custody.
Amendments Pending
Commencement
Extent
Detention and training orders
Law In Force
211 Offenders under 18: detention and training orders

(1) Where–
(a) a person aged under 18 is convicted by the Court Martial or the Service Civilian Court
of an offence which is punishable with imprisonment in the case of a person aged [ 21 ] 1
or over, and
(b) the court is of the opinion mentioned in section 260(2) or the case falls within section
260(3),
the sentence that the court is to pass is (subject to subsections (2) and (3)) an order that the person
shall be subject, for the term specified in the order, to a period of detention and training followed
by a period of supervision.
(2) In the case of an offender aged under 15 at the time of the conviction, the court may not make
an order under this section unless it is of the opinion that he is a persistent offender.
(3) In the case of an offender aged under 12 at the time of the conviction, the court may not make
an order under this section unless–
(a) it is of the opinion mentioned in subsection (2);
(b) it is of the opinion that only a custodial sentence would be adequate to protect the public
from further offending by him; and
(c) the offence was committed on or after such date as may be appointed under section
100(2)(b)(ii) of the Sentencing Act (appointed day for purposes of orders under that Act).
(4) Subsection (1) is also subject to [ sections 209, 218, 218A, 221,221A and 227 ] 2 (other custodial
sentences that may or must be imposed in particular cases).
Notes
1
Substituted by Armed Forces Act 2006 (Transitional Provisions etc) Order 2009/1059 Sch.2 para.5(c) (October
c.52 s.211(1)(a) on October 31, 2009)
2
Word substituted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.22(2) para.25(b)
(December 3, 2012)
Amendments Pending
Pt 8 c. 5 s. 211(1)(a): word substituted by Armed Forces Act 2006 (Transitional Provisions etc) Order 2009/1059, Sch.
2 para. 5(c) (date to be appointed: substitution shall come into force upon the coming into force of the Criminal Justice
Commencement
Extent
P Partially In Force
212 Term of detention and training order: general

(1) The term of an order made under section 211 in respect of an offence–
(a) shall be 4, 6, 8, 10, 12, 18 or 24 months; and
(b) may not exceed the maximum term of imprisonment with which the offence is
punishable in the case of a person aged [ 21 ] 1 or over.
(2) Where–
(a) the offence is an offence under section 42 (criminal conduct),
(b) the corresponding offence under the law of England and Wales is under that law a
summary offence, and
(c) the maximum term of imprisonment with which that offence is punishable in the case
of a person aged [ 21 ] 2 or over is 51 weeks,
the term of the order may not exceed 6 months.
Notes
1
Word substituted by Armed Forces Act 2006 (Transitional Provisions etc) Order 2009/1059 Sch.2 para.5(d)
of 2006 c.52 s.212(1)(b) on October 31, 2009)
2
Substituted by Armed Forces Act 2006 (Transitional Provisions etc) Order 2009/1059 Sch.2 para.5(d) (October
c.52 s.212(2)(c) on October 31, 2009)
Amendments Pending
Pt 8 c. 5 s. 212(2)(c): word substituted by Armed Forces Act 2006 (Transitional Provisions etc) Order 2009/1059, Sch.
2 para. 5(d) (date to be appointed: substitution shall come into force upon the coming into force of the Criminal Justice
Pt 8 c. 5 s. 212(1)(b): word substituted by Armed Forces Act 2006 (Transitional Provisions etc) Order 2009/1059, Sch.
2 para. 5(d) (date to be appointed: substitution shall come into force upon the coming into force of the Criminal Justice
Commencement
Pt 8 c. 5 s. 212(1)-(1)(b): October 31, 2009 (SI 2009/1167 art. 4(a))
Pt 8 c. 5 s. 212(2)-(2)(c): Date to be appointed (not yet in force)
Extent
Law In Force
213 Application of provisions relating to civilian detention and training orders

(1) In the following provisions of the Sentencing Act references to a detention and training order
include an order under section 211 of this Act–
section 101(3) to (10) and (13) (power to impose consecutive terms, duty of court to take
account of remands, etc);
[ sections 102 to 105, 106(4) to (6), 106A to 107 ] 1 (period of detention and training, period
of supervision, breach of supervision requirements, etc).
(2) In [ sections 101(3) to (10) and (13), 104B(1), 106(6) and 106A ] 2 of the Sentencing Act
“court”includes a relevant service court (within the meaning given by section 196(2)).
(3) In section 101(8) and (9) of the Sentencing Act in their application to an order under section
211 of this Act, any reference to an offender's being “remanded in custody” is a reference to his
being kept in service custody; and section 101(11) and (12) of that Act do not apply in relation to
such an order.
[ (4) Subsection (5) applies where an order under section 104(3) (further period of detention or
supervision) of the Sentencing Act is made against an offender for breach of supervision
requirements—
(a) during a period of supervision under an order under section 211 of this Act,
(b) during a further period of supervision imposed for breach of supervision requirements
during a period within paragraph (a), or
(c) during one of a series of further periods of supervision—
(i) each of which apart from the first was imposed for breach of supervision
requirements during the previous further period of supervision, and
(ii) the first of which was imposed for breach of supervision requirements during
a period within paragraph (a).
(5) In the application of sections 104A and 104B of the Sentencing Act in relation to the offender,
references to section 105 of that Act include section 214 of this Act.
(6) In subsection (4)—
“further period of supervision” means a period of supervision imposed under section
104(3)(aa) of the Sentencing Act;
“supervision requirements” means requirements under section 103(6)(b) of that Act.
(7) In section 104B of the Sentencing Act, references to a custodial sentence within the meaning
of that Act include a custodial sentence within the meaning of this Act. ] 3
Notes
1
Words substituted by Offender Rehabilitation Act 2014 c. 11 Sch.6 para.2 (February 1, 2015)
2
Word inserted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Pt 3 c.1 s.80(9)(a) (December
3, 2012)
3
Added by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Pt 3 c.1 s.80(9)(b) (December 3,
2012)
Amendments Pending
Commencement
Extent
Law In Force
214 Offences during currency of detention and training order

(1) This section applies to a person in respect of whom an order under section 211 has been made
if–
(a) after his release and before the date on which the term of the order ends, he commits
an offence within subsection (2) (“the new offence”); and
(b) whether before or after that date, he is convicted of the new offence.
(2) An offence is within this subsection if it is–
(a) a service offence which is punishable with imprisonment; or
(b) [ an offence under the law of any part of the British Islands ] 1 which is so punishable.
(3) A court having power to do so under subsection (4) or (5) may order the person to be detained
in such [ youth detention accommodation ] 2 as the Secretary of State may determine for the whole
or any part of the period which–
(a) begins with the date of the court's order; and
(b) is equal in length to the period between the date on which the new offence was committed
and the date mentioned in subsection (1).
(4) Where the Court Martial or the Service Civilian Court convicts the person of the new offence,
the court may on the conviction make an order under subsection (3).
(5) Where the offender is convicted of the new offence otherwise than by the Court Martial or the
Service Civilian Court, the Court Martial may make an order under subsection (3) if the offender
appears or is brought before it following the issue of a summons or warrant under subsection (7).
(6) Where an order under subsection (3) is made on the conviction of the new offence, the order
must be in addition to the sentence for the new offence, and the period for which the person is
ordered under subsection (3) to be detained–
(a) shall, as the court may direct, either be served before and be followed by, or be served
concurrently with, any sentence imposed for the new offence; and
(b) in either case, shall be disregarded in determining the appropriate length of that sentence.
(7) If it appears to the Court Martial–
(a) that this section applies to a person,
(b) that his conviction of the new offence was not by the Court Martial or the Service
Civilian Court, and
(c) that no order under subsection (3) or under section 105 of the Sentencing Act has been
made in respect of the new offence,
the Court Martial may issue a summons requiring the person to appear at the time and place specified
in it, or a warrant for his arrest.
(8) A person detained in pursuance of an order under subsection (3) shall be deemed to be in legal
custody.
Notes
1
2
Words substituted by Offender Management Act 2007 c. 21 Sch.3(3) para.17(2) (October 31, 2009: substitution
came into force on November 1, 2007 but cannot take effect until the commencement of 2006 c.52 s.214(3) on
October 31, 2009)
Amendments Pending
Commencement
Extent
Law In Force
215 Section 214: definitions etc

(1) Section 101(13) of the Sentencing Act (treatment of concurrent and consecutive terms) applies
for the purposes of the reference in section 214(1)(a) of this Act to the term of an order.
(2) Where the new offence (within the meaning of section 214) is found to have been committed
over a period of two or more days, or at some time during a period of two or more days, it shall be
taken for the purposes of that section to have been committed on the last of those days.
(3) In section 214 [ “youth detention accommodation”has the meaning given by section 107 of the
Sentencing Act ] 1 .
Notes
1
Words substituted by Offender Management Act 2007 c. 21 Sch.3(3) para.17(3) (October 31, 2009: substitution
came into force on November 1, 2007 but cannot take effect until the commencement of 2006 c.52 s.215(3) on
October 31, 2009)
Amendments Pending
Commencement
Extent
Law In Force
216 Appeals against orders under section 214

(1) This section applies where an order under section 214 (“the relevant order”) is made.
(2) For the purposes of sections 285 to 287 (appeals from Service Civilian Court) or, as the case
may be, the Court Martial Appeals Act 1968 (c. 20)–
(a) the relevant order is to be treated as a sentence passed on the offender, by the court that
made the relevant order, for the offence for which the order under section 211 was made;
and
(b) if the offender was not convicted of that offence by that court he is to be treated for the
purpose of enabling him to appeal against the relevant order as if he had been so convicted.
(3) For the purposes of any appeal against the relevant order, references in section 16A of the Court
Martial Appeals Act 1968 to passing a sentence include making an order.
(4) On an appeal to the Court Martial Appeal Court against the relevant order, the court may (as
an alternative to exercising its powers under section 16A(2) of the Court Martial Appeals Act 1968)
quash the order.
Amendments Pending
Commencement
Extent
CHAPTER 6
MANDATORY ETC CUSTODIAL SENTENCES FOR CERTAIN OFFENCES
Mandatory sentences
Law In Force
217 Mandatory life imprisonment

(1) This section applies if a person is convicted by the Court Martial of an offence under section
42 (criminal conduct) and the corresponding offence under the law of England and Wales is under
that law–
(a) murder; or
(b) any other offence the sentence for which is fixed by law as imprisonment for life.
(2) The court must sentence him to imprisonment for life unless he is liable to be detained under
section 218 (offences committed when offender aged under 18).
Amendments Pending
Commencement
Extent
Law In Force
218 Offenders who commit murder etc when under 18: mandatory detention at Her Majesty's
pleasure
(1) This section applies if–
(a) a person is convicted by the Court Martial of an offence under section 42 (criminal
conduct);
(b) the corresponding offence under the law of England and Wales is under that law–
(i) murder; or
(ii) any other offence the sentence for which is fixed by law as imprisonment for
life; and
(c) the offender appears to the court to have been aged under 18 at the time the offence
was committed.
(2) The court must (notwithstanding anything in this or any other Act) sentence him to be detained
during Her Majesty's pleasure.
(3) A person sentenced to be detained under this section is liable to be detained in such place, and
under such conditions, as may be determined by the Secretary of State or by such other person as
may be authorised by him for the purpose.
(4) A person detained in pursuance of a sentence under this section shall be deemed to be in legal
custody.
Amendments Pending
Commencement
Extent
[ Required or discretionary sentences for particular offences ] 1
Notes
1
Words substituted by Criminal Justice and Immigration Act 2008 c. 4 Sch.25(2) para.13(4) (October 31, 2009)
Law In Force
[ 218A Life sentence for second listed offence

(a) a person aged 18 or over is convicted by the Court Martial of an offence under section
42 (criminal conduct);
(b) the corresponding offence under the law of England and Wales is an offence listed in
Part 1 of Schedule 15B to the 2003 Act;
(c) the offence was committed after this section comes into force; and
(d) the sentence condition and the previous offence condition are met.
(2) Section 224A(2) of the 2003 Act applies in relation to the offender.
(3) In section 224A(2)(a) of that Act as applied by subsection (2)—
(a) the reference to “the offence” is to be read as a reference to the offence under section
42; and
(b) the reference to “the previous offence referred to in subsection (4)” is to be read as a
reference to the previous offence referred to in subsection (5) of this section.
(4) The sentence condition is that, but for this section, the Court Martial would, in compliance with
sections 260(2) and 261(2), impose a sentence of imprisonment for 10 years or more, disregarding
any extension period imposed under section 226A of the 2003 Act as applied by section 219A of
this Act.
(5) The previous offence condition is that—
(a) at the time the offence under section 42 was committed, the offender had been convicted
of an offence listed in Schedule 15B to the 2003 Act (“the previous offence”); and
(b) a relevant life sentence or a relevant sentence of imprisonment or detention for a
determinate period was imposed on the offender for the previous offence.
(6) A sentence is relevant for the purposes of subsection (5)(b) if it would be relevant for the
purposes of section 224A(4)(b) of the 2003 Act (see subsections (5) to (10) of that section).
(7) A sentence required to be imposed by section 224A(2) of that Act as a result of this section is
not to be regarded as a sentence fixed by law.
[ (8) Where an offence is found to have been committed over a period of two or more days, or at
some time during a period of two or more days, it must be taken for the purposes of subsections
(1)(c) and (5)(a) to have been committed on the last of those days. ] 2
]1
Notes
1
Added by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.22(1) para.2 (December 3,
2012)
2
Added by Criminal Justice and Courts Act 2015 c. 2 Pt 1 s.5(3) (April 13, 2015)
Amendments Pending
Extent
Law In Force
219 [ Life sentence for certain dangerous ] 1 offenders aged 18 or over

(1) This section applies where [ — ] 2
[ (a) a person aged 18 or over is convicted by the Court Martial of an offence under section
42 (criminal conduct),
(b) the corresponding offence under the law of England and Wales is a serious offence,
and
(c) the court is of the required opinion (defined by section 223). ] 2
[
[ (2) Section 225(2) of the 2003 Act applies in relation to the offender. ] 4
(3) In [ section 225(2) ] 5 of the 2003 Act (as applied by subsection (2)), references to “the
offence”are to be read as references to the offence under section 42 of this Act. ] 3
(4) In this section “serious offence”has the meaning given by section 224 of the 2003 Act.
(5) A sentence under section 225 of the 2003 Act passed as a result of this section is not to be
regarded as a sentence fixed by law.
Notes
1
Word substituted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.22(1) para.4 (December
3, 2012 subject to savings as specified in SI 2012/2906 art.6)
2
S.219(1)(a)-(c) substituted for words by Criminal Justice and Immigration Act 2008 c. 4 Sch.25(2) para.13(2)
(October 31, 2009)
3
Substituted by Criminal Justice and Immigration Act 2008 c. 4 Sch.25(2) para.13(3) (October 31, 2009)
4
Substituted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.22(1) para.3(2) (December
5
(December 3, 2012 subject to savings as specified in SI 2012/2906 art.6)
Amendments Pending
Commencement
Extent
Pt 8 c. 6 s. 219(1), (2)-(5): United Kingdom (extends to the Isle of Man and the British overseas territories and may
Law In Force
[ 219A Extended sentence for certain violent or sexual offenders aged 18 or over
42 (criminal conduct) (whether the offence was committed before or after the commencement
of this section);
(b) the corresponding offence under the law of England and Wales is a specified offence;
(c) the court is of the required opinion (defined by section 223);
(d) the court is not required to impose a sentence of imprisonment for life by section 224A(2)
of the 2003 Act (as applied by section 218A of this Act) or section 225(2) of that Act (as
applied by section 219 of this Act); and
(e) condition A or B is met.
(2) Condition A is that, at the time the offence under section 42 was committed, the offender had
been convicted of an offence listed in Schedule 15B to the 2003 Act.
(3) Condition B is that, if the court were to impose an extended sentence of imprisonment under
section 226A of the 2003 Act as a result of this section, the term that it would specify as the
appropriate custodial term would be at least 4 years.
(4) Subsections (4) to (9) of section 226A of the 2003 Act apply in relation to the offender.
(5) In section 226A(4) to (9) of the 2003 Act as applied by this section—
(a) the reference in subsection (6) to section 153(2) of the 2003 Act is to be read as a
reference to section 261(2) of this Act;
(b) the reference in subsection (7) to further specified offences includes a reference to
further acts or omissions that would be specified offences if committed in England and
Wales;
(c) the reference in subsection (8)(a) to a specified violent offence is to be read as a reference
to an offence under section 42 as respects which the corresponding offence under the law
of England and Wales is a specified violent offence; and
(d) the reference in subsection (8)(b) to a specified sexual offence is to be read as a reference
of England and Wales is a specified sexual offence.
(6) In this section “specified offence”, “specified sexual offence” and “specified violent offence”have
the meanings given by section 224 of the 2003 Act.
]1
Notes
1
2012)
Amendments Pending
Extent
R Repealed
220 […]1
Notes
1
2012 subject to savings as specified in SI 2012/2906 art.6)
Law In Force
221 [ Life sentence for certain dangerous ] 1 offenders aged under 18

(1) This section applies where [ — ] 2
[ (a) a person aged under 18 is convicted by the Court Martial of an offence under section
42 (criminal conduct),
(b) the corresponding offence under the law of England and Wales is a serious offence,
and
(c) the court is of the required opinion (defined by section 223). ] 2
[ (2) Section 226(2) of the 2003 Act applies in relation to the offender. ] 3
(3) [ In section 226(2) of the 2003 Act (as applied [ by ] 5 subsection (2)) ] 4 –
(a) references […]6 to “the offence” are to be read as references to the offence under
section 42 of this Act; and
(b) references […]6 to section 91 of the Sentencing Act are to be read as references to
section 209 of this Act.
(4) […]7
(5) In this section “serious offence”has the meaning given by section 224 of the 2003 Act.
(6) A sentence under section 226 of the 2003 Act passed as a result of this section is not to be
regarded as a sentence fixed by law.
Notes
1
Word substituted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.22(1) para.8 (December
2
S.221(1)(a)-(c) substituted for words by Criminal Justice and Immigration Act 2008 c. 4 Sch.25(2) para.15(2)
(October 31, 2009)
3
Substituted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.22(1) para.7 (December
4
Words substituted by Criminal Justice and Immigration Act 2008 c. 4 Sch.25(2) para.15(4)(a) (October 31, 2009)
5
Word inserted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.22(2) para.26 (December
3, 2012)
6
Words repealed by Criminal Justice and Immigration Act 2008 c. 4 Sch.28(2) para.1 (October 31, 2009 as SI
2009/2606)
7
Repealed by Criminal Justice and Immigration Act 2008 c. 4 Sch.28(2) para.1 (October 31, 2009 as SI 2009/2606)
Amendments Pending
Commencement
Extent
Law In Force
[ 221A Extended sentence for certain violent or sexual offenders aged under 18
(a) a person aged under 18 is convicted by the Court Martial of an offence under section
42 (criminal conduct) (whether the offence was committed before or after the commencement
of this section);
(b) the corresponding offence under the law of England and Wales is a specified offence;
(c) the court is of the required opinion (defined by section 223);
(d) the court is not required by section 226(2) of the 2003 Act (as applied by section 221
of this Act) to impose a sentence of detention for life under section 209 of this Act; and
(e) if the court were to impose an extended sentence of detention under section 226B of
the 2003 Act as a result of this section, the term that it would specify as the appropriate
custodial term would be at least 4 years.
(2) Subsections (2) to (7) of section 226B of the 2003 Act apply in relation to the offender.
(3) In section 226B(2) to (7) of the 2003 Act as applied by this section—
(a) the reference in subsection (4) to section 153(2) of the 2003 Act is to be read as a
reference to section 261(2) of this Act;
(b) the reference in subsection (5) to further specified offences includes a reference to
further acts or omissions that would be specified offences if committed in England and
Wales;
(c) the reference in subsection (6)(a) to a specified violent offence is to be read as a reference
of England and Wales is a specified violent offence; and
(d) the reference in subsection (6)(b) to a specified sexual offence is to be read as a reference
of England and Wales is a specified sexual offence.
(4) In this section “specified offence”, “specified sexual offence” and “specified violent offence”have
the meanings given by section 224 of the 2003 Act.
]1
Notes
1
2012)
Amendments Pending
Extent
R Repealed
222 […]1
Notes
1
Law In Force
223 “The required opinion” for purposes of sections 219 to [ 221A ] 1

(1) “The required opinion” for the purposes of [ sections 219(1), 219A(1), 221(1) and 221A(1) ] 2
is the opinion that there is a significant risk to members of the public of serious harm occasioned
by the commission by the offender of–
(a) further specified offences; or
(b) further acts or omissions that would be specified offences if committed in England or
Wales.
(2) For the purposes of the court's decision whether it is of that opinion, [ section 229(2) and (2A) ] 3
of the 2003 Act apply as they apply for the purposes of the assessment referred to in section 229(1)
of that Act.
(3) In [ section 229(2) ] 4 of the 2003 Act as applied by this section–
(a) any reference to the offence mentioned in section 229(1)(a) of that Act is a reference
to the offence under section 42 of this Act; and
(b) the reference to such a risk as is mentioned in section 229(1)(b) of that Act is a reference
to such a risk as is mentioned in subsection (1) above.
“serious harm”has the meaning given by section 224 of the 2003 Act;
“specified offence”has the meaning given by that section.
Notes
1
Word substituted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.22(2) para.28
(December 3, 2012)
2
Word substituted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.22(2) para.27(b)
(December 3, 2012)
3
4
Words repealed by Criminal Justice and Immigration Act 2008 c. 4 Sch.28(2) para.1 (October 31, 2009 as SI
2009/2606)
Amendments Pending
Commencement
Pt 8 c. 6 s. 223(1)-(4) definition of "specified offence": October 31, 2009 (SI 2009/1167 art. 4)
Extent
Pt 8 c. 6 s. 223(1)-(4) definition of "specified offence": United Kingdom (extends to the Isle of Man and the British
this Act)
Law In Force
[ 224 Place of detention under certain sentences

Section 235 of the 2003 Act (detention under sections 226, 226B and 228) applies to a person
sentenced to be detained under section 226(3), 226B or 228 of that Act as applied by section 221,
221A or 222 of this Act. ] 1
Notes
1
Substituted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.22(2) para.29 (December
3, 2012)
Amendments Pending
Commencement
Pt 8 c. 6 s. 224(a)-(b): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Law In Force
[ 224A.— Special custodial sentence for certain offenders of particular concern

conduct) (whether the offence was committed before or after this section comes into force),
(b) the corresponding offence under the law of England and Wales is an offence listed in
Schedule 18A to the 2003 Act,
(c) the person was aged 18 or over when the offence was committed, and
(d) the court does not impose one of the following for the offence—
(i) a sentence of imprisonment for life, or
(ii) an extended sentence of imprisonment under section 226A of the 2003 Act (as
applied by section 219A of this Act).
(2) If the court imposes a sentence of imprisonment for the offence, section 236A(2) to (4) of the
2003 Act apply in relation to the term of the sentence.
(3) The references in subsections (1)(d) and (2) to a sentence imposed for the offence include a
sentence imposed for the offence and one or more offences associated with it.
(4) In Schedule 18A to the 2003 Act, as applied by this section, the reference in paragraph 24 to
section 30 of the Counter-Terrorism Act 2008 is to be read as a reference to section 32 of that Act.
[ (5) In the case of a person aged under 21, this section applies as if the references to imprisonment
were to detention in a young offender institution. ] 2
]1
Notes
1
Added by Criminal Justice and Courts Act 2015 c. 2 Sch.1(2) para.8 (April 13, 2015: insertion has effect as SI
2015/778 subject to transitional provisions specified in 2015 c.2 Sch.1 para.9(2))
2
Added by Criminal Justice and Courts Act 2015 c. 2 Sch.1(3) para.10(3) (April 13, 2015)
Amendments Pending
Pt 8 c. 6 s. 224A(5): repealed by Criminal Justice and Courts Act 2015 c. 2 Sch. 1(3) para. 10(3) (date to be appointed:
shall come into force upon the commencement of 2000 c.43 s.61)
Extent
Law In Force
225 Third drug trafficking offence

42 (criminal conduct); and
(b) if his conviction had been by a civilian court in England and Wales of the corresponding
offence under the law of England and Wales, section 110 of the Sentencing Act (third class
A drug trafficking offence) would apply.
(2) The Court Martial must impose the sentence required by section 110(2) of that Act, unless it is
of the opinion that there are particular circumstances which–
(a) relate to any of the offences or to the offender; and
(b) would make it unjust to do so in all the circumstances.
Amendments Pending
Commencement
Extent
Law In Force
226 Third domestic burglary

(a) a person aged over 18 is convicted by the Court Martial of an offence under section 42
(criminal conduct); and
offence under the law of England and Wales, section 111 of the Sentencing Act (third
domestic burglary) would apply.
(2) The Court Martial must impose the sentence required by section 111(2) of that Act, unless it is
of the opinion that there are particular circumstances which–
(a) relate to any of the offences or to the offender; and
Amendments Pending
Commencement
Extent
Law In Force
227 Firearms offences

(1) This section applies if–
conduct); and
offence under the law of England and Wales, section 51A of the Firearms Act 1968 (c. 27)
(minimum sentences for certain firearms offences) would apply.
(2) The Court Martial must impose the sentence required by section 51A(2) of that Act (as that
provision has effect in relation to England and Wales), unless it is of the opinion that there are
exceptional circumstances relating to the offence or to the offender which justify its not doing so.
(3) In section 51A(4)(a)(ii) of that Act (interpretation of section 51A(2)), as applied by this section,
the reference to a sentence of detention under section 91 of the Sentencing Act is to be read as a
reference to a sentence of detention under section 209 of this Act.
Amendments Pending
Commencement
Extent
Law In Force
[ 227A Offences of threatening with a weapon in public or on school premises

(1) This section applies if—
(a) a person aged 18 or over is convicted by a court of an offence under section 42 (criminal
conduct); and
(b) the corresponding offence under the law of England and Wales is an offence under
section 1A of the Prevention of Crime Act 1953 or section 139AA of the Criminal Justice
Act 1988 (threatening with article with blade or point or offensive weapon in public or on
school premises).
(2) The court must impose a sentence of imprisonment for a term of at least 6 months unless the
court is of the opinion that there are particular circumstances which—
(a) relate to the offence or to the offender, and
(3) In relation to times before the coming into force of section 61 of the Criminal Justice and Court
Services Act 2000, the reference in subsection (2) to a sentence of imprisonment, in relation to an
offender aged under 21 at the time of conviction, is to be read as a reference to a sentence of
detention in a young offender institution.
]1
Notes
1
Added by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.26 para.24 (December 3, 2012)
Amendments Pending
Extent
Law In Force
228 Appeals where previous convictions set aside

[ (1A) Subsection (3) applies in the cases described in subsections (1B) to (2).
(1B) The first case is where—
(a) a sentence has been imposed on any person under section 224A of the 2003 Act (as
applied by section 218A of this Act);
(b) a previous conviction of that person has been subsequently set aside on appeal; and
(c) without that conviction, the previous offence condition mentioned in section 218A(1)(d)
would not have been met.
(1C) The second case is where—
(a) a sentence has been imposed on any person under section 225(3) of the 2003 Act (as
applied by section 219(2) of this Act);
(b) the condition in section 225(3A) of the 2003 Act was met but the condition in section
225(3B) of that Act was not; and
(c) any previous conviction of the person without which the condition in section 225(3A)
would not have been met is subsequently set aside on appeal.
(1D) The third case is where—
(a) a sentence has been imposed on any person under section 226A of the 2003 Act (as
applied by section 219A of this Act);
(b) the condition in section 219A(2) was met, but the condition in section 219A(3) was
not; and
(c) any previous conviction of the person without which the condition in section 219A(2)
(1E) The fourth case is where—
(a) a sentence has been imposed on any person under section 227(2) of the 2003 Act (as
applied by section 220(2) of this Act);
(b) the condition in section 227(2A) of the 2003 Act was met but the condition in section
227(2B) of that Act was not; and
(c) any previous conviction of the person without which the condition in section 227(2A)
1
]
(2) [ The fifth case is ] 2 where–
(a) a sentence has been imposed on any person by virtue of section 225 or 226 [ of this
Act ] 3 ; and
(b) any previous conviction of his without which that section would not have applied has
subsequently been set aside on appeal.
(3) Where this subsection applies, an application for leave to appeal against the sentence may be
lodged at any time within 29 days beginning with the day on which the previous conviction was
set aside.
[ (3A) Subsection (3B) applies where—
(a) a sentence has been imposed on a person under section 224A of the 2003 Act (as applied
by section 218A of this Act);
(b) a previous sentence imposed on that person has been subsequently modified on appeal;
and
(c) taking account of that modification, the previous offence condition mentioned in section
218A(1)(d) would not have been met.
(3B) An application for leave to appeal against the sentence mentioned in subsection (3A)(a) may
be lodged at any time within 29 days beginning with the day on which the previous sentence was
modified. ] 4
(4) [ Subsections (3) and (3B) have ] 5 effect notwithstanding anything in section 9(1) of the Court
Martial Appeals Act 1968 (c. 20).
Notes
1
S.228(1A)-(1E) substituted for s.228(1) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10
Sch.22(2) para.30(2) (December 3, 2012)
2
Words substituted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.22(2) para.30(3)(a)
(December 3, 2012)
3
Words inserted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.22(2) para.30(3)(b)
(December 3, 2012)
4
Added by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.22(2) para.30(4) (December
3, 2012)
5
Words substituted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.22(2) para.30(5)
(December 3, 2012)
Amendments Pending
Commencement
Extent
Pt 8 c. 6 s. 228(1)-(1)(b), (2)-(3), (4): United Kingdom (extends to the Isle of Man and the British overseas territories
Pt 8 c. 6 s. 228(1)(c)-(1E)(c), (3A)-(3B): United Kingdom
CHAPTER 7
COURT ORDERS OTHER THAN SENTENCES
Service restraining orders
Law In Force
229 Service restraining orders

(1) The Court Martial or the Service Civilian Court may make an order under this section where–
(a) it convicts or acquits a person (“the defendant”) of an offence; and
(b) the defendant is subject to service law or is a civilian subject to service discipline.
(2) An order under this section–
(a) prohibits the defendant from doing anything described in the order; and
(b) has effect for a fixed period specified in the order or until further order.
(3) An order under this section may be made, and a prohibition may be included in the order, only
for the purpose of protecting a person mentioned in the order from conduct which amounts to
harassment.
(4) A person subject to service law or a civilian subject to service discipline commits an offence
if, without reasonable excuse, he does anything which he is prohibited from doing by an order
under this section.
exceed five years.
(6) In proceedings for an order under this section, the Director of Service Prosecutions and the
defence may lead (as further evidence) any evidence which would be admissible in proceedings in
the High Court in England and Wales for an injunction under section 3 of the Protection from
Harassment Act 1997 (c. 40).
Amendments Pending
Commencement
Extent
Law In Force
230 Service restraining orders: supplementary

(1) Section 7 (interpretation) of the Protection from Harassment Act 1997 (c. 40) (“the 1997 Act”)
applies for the purposes of section 229 of this Act as it applies for the purposes of sections 5 and
5A of that Act.
(2) Section 12 of the 1997 Act (national security etc) applies for the purposes of section 229 of this
Act as if–
(a) the reference in subsection (1)(c) to serious crime were a reference to serious service
offences or serious crime (committed anywhere);
(b) the reference in subsection (1) to the 1997 Act were a reference to section 229 of this
Act.
(3) Where the Court Martial Appeal Court allows an appeal against conviction it may remit the
case to the Court Martial for that court to consider whether to proceed under section 229.
(4) Section 229 applies in relation to a case remitted under subsection (3) as if subsection (1)(a)
were omitted.
Amendments Pending
Commencement
Extent
Law In Force
231 Service restraining orders: appeals

(1) This section applies where a court makes an order under section 229–
(a) after it has acquitted the defendant of an offence; or
(b) in respect of a case remitted to it under section 230(3).
(a) the order is to be treated as a sentence passed on the defendant in respect of the offence;
and
(b) the defendant is to be treated for the purpose of enabling him to appeal against the order
as if he had been convicted of the offence by the court.
(3) For the purposes of any appeal against the order, references in section 16A of the Court Martial
Appeals Act 1968 to passing a sentence include making an order.
Amendments Pending
Commencement
Extent
Law In Force
232 Service restraining orders: variation and revocation

(1) The Court Martial may vary or revoke an order under section 229 on an application made by–
(a) the Director of Service Prosecutions;
(b) the defendant; or
(c) any other person mentioned in the order.
(2) Any person mentioned in the order is entitled to be heard on the hearing of an application under
subsection (1).
(3) Where a person is convicted of an offence under section 229, the court that convicts him may
vary or revoke the order to which the offence relates.
Amendments Pending
Commencement
Extent
[ Service sexual offences prevention orders etc ] 1
Notes
1
conferring power to make rules under 2006 c.52 s.232F as specified in SI 2012/669 art.3(d); not yet in force
otherwise)
N Not Yet In Force

[ 232A Service sexual offences prevention orders

(1) The Court Martial or the Service Civilian Court may make an order under this section where—
(a) it deals with a person within subsection (2) (“the defendant”) in respect of—
(i) a qualifying section 42 offence of which the defendant has been convicted; or
(ii) a relevant finding in relation to a qualifying section 42 offence; and
(b) it is satisfied that it is necessary to make an order under this section for the purpose of
protecting the service community outside the United Kingdom from serious sexual harm
from the defendant.
(2) The following are persons within this subsection—
(a) a member of the regular forces;
(b) a member of the reserve forces (whether or not for the time being subject to service
law);
(c) a civilian subject to service discipline;
(d) a person who the court is satisfied is intending to become, or likely to become, a civilian
subject to service discipline.
(3) An order under this section—
(a) prohibits the defendant from doing anything described in the order; and
(b) has effect for a fixed period, of at least five years, specified in the order or until further
order.
(4) The only prohibitions that may be included in the order are those necessary for the purpose of
protecting the service community outside the United Kingdom from serious sexual harm from the
defendant.
(5) Where—
(a) a court makes an order under this section, and
(b) the defendant is already subject to such an order (whether made by that court or another),
the earlier order ceases to have effect.
(6) In this section and sections 232B to 232E—
(a) “protecting the service community outside the United Kingdom from serious sexual
harm” from a person means protecting the service community outside the United Kingdom,
or particular members of that community, from serious physical or psychological harm,
caused by the person committing one or more offences under section 42 as respects which
the corresponding offence under the law of England and Wales is an offence listed in
Schedule 3 to SOA 2003;
(b) “qualifying section 42 offence” means an offence under section 42 as respects which
the corresponding offence under the law of England and Wales is an offence listed in
Schedule 3 or 5 to SOA 2003;
(c) “relevant finding”, in relation to an offence, means—
(i) a finding that a person is not guilty of the offence by reason of insanity; or
(ii) a finding that a person is unfit to stand trial and has done the act charged;
(d) “service community” means persons subject to service law and civilians subject to
service discipline;
(e) “SOA 2003” means the Sexual Offences Act 2003.
(7) In construing subsection (6)(a) or (b), any condition subject to which an offence is listed in
Schedule 3 to SOA 2003 that relates—
(a) to the way in which a person is dealt with in respect of the offence or a relevant finding,
or
(b) to the age of any person,
is to be disregarded.
]1
Notes
1
Added by Armed Forces Act 2011 c. 18 s.17(1) (date to be appointed)
Amendments Pending
Extent
N Not Yet In Force

[ 232B Service SOPOs: appeals

(1) This section applies where the Court Martial makes an order under section 232A in respect of
a relevant finding in relation to a qualifying section 42 offence.
(2) For the purposes of the Court Martial Appeals Act 1968—
(a) the order is to be treated as a sentence passed on the defendant in respect of the offence;
and
(b) the defendant is to be treated for the purpose of enabling the defendant to appeal against
the order as if the defendant had been convicted of the offence by the court.
]1
Notes
1
Amendments Pending
Pt 8 c. 7 s. 232B: repealed by Armed Forces Act 2006 c. 52 Pt 19 c. 4 s. 382 (November 2, 2016: repeal originally
Extent
Pt 8 c. 7 s. 232B(1)-(3): United Kingdom
N Not Yet In Force

[ 232C Service SOPOs etc: variation and revocation

(1) The Court Martial may vary or revoke an order under section 232A on an application made
by—
(a) a Provost Marshal; or
(b) the person subject to the order.
(2) If subsection (3) applies, the Court Martial may vary or revoke an order under section 104 of
SOA 2003 (sexual offences prevention order) on an application made by—
(a) a Provost Marshal; or
(b) the person subject to the order.
(3) This subsection applies if the person subject to the order under section 104 of SOA 2003 (“the
SOA order”) is also subject to an associated order under section 232A and either—
(a) the person is subject to service law or a civilian subject to service discipline; or
(b) the application is made together with an application for the variation or revocation of
the associated order under section 232A.
(4) An order may be varied under this section so as to extend the period for which it has effect, or
so as to impose additional prohibitions, only if—
(a) in the case of an order under section 232A, the court is satisfied that the variation is
necessary for the purpose of protecting the service community outside the United Kingdom
from serious sexual harm from the person subject to the order (in which case section 232A(4)
applies accordingly);
(b) in the case of an order under section 104 of SOA 2003, the requirements of section
108(5) of that Act are met (protection of public in United Kingdom from serious sexual
harm).
(5) The Court Martial must not before the end of the relevant period revoke an order under section
232A, or an order under section 104 of SOA 2003, without the consent of—
(a) the person subject to the order; and
(b) a Provost Marshal.
(6) In subsection (5) “the relevant period” means the period of five years beginning with the day
on which the order was made.
(7) For the purposes of this section an order under section 104 of SOA 2003 and an order under
section 232A are “associated” if they were made by the Court Martial or the Service Civilian Court
in dealing with the same offence or relevant finding.
(8) This section is without prejudice to section 108 of SOA 2003 (application to civilian court for
variation etc of a sexual offences prevention order).
]1
Notes
1
Amendments Pending
Pt 8 c. 7 s. 232C: repealed by Armed Forces Act 2006 c. 52 Pt 19 c. 4 s. 382 (November 2, 2016: repeal originally
Extent
Pt 8 c. 7 s. 232C(1)-(8): United Kingdom
N Not Yet In Force

[ 232D Variation or revocation: appeals

(1) A person may appeal to the Court Martial Appeal Court against—
(a) the variation under section 232C of an order to which the person is subject; or
(b) a decision by the Court Martial not to vary or revoke such an order on an application
under that section.
(2) On an appeal under subsection (1), the Court Martial Appeal Court may make—
(a) such orders as may be necessary to give effect to its determination of the appeal; and
(b) such incidental or consequential orders as appear to it to be just.
]1
Notes
1
Amendments Pending
Pt 8 c. 7 s. 232D: repealed by Armed Forces Act 2006 c. 52 Pt 19 c. 4 s. 382 (November 2, 2016: repeal originally
Extent
Pt 8 c. 7 s. 232D(1)-(2)(b): United Kingdom
N Not Yet In Force

[ 232E Extended prohibitions orders

(1) On an application made by a Provost Marshal, the Court Martial must make an order under this
section in respect of a person within subsection (2) if the relevant requirements are met.
(a) a member of the regular forces;
(b) a member of the reserve forces (whether or not for the time being subject to service
law);
(c) a civilian subject to service discipline.
(3) The relevant requirements are met if the Court Martial is satisfied—
(a) that the person is subject to an order under section 104 or 105 of SOA 2003 (“the
principal order”); and
(b) that there are members of the service community outside the United Kingdom who
would, if in the United Kingdom, be protected by the principal order.
(4) For the purposes of subsection (3)(b) a person (“P”) is “protected” by the principal order if one
or more of the prohibitions included in the order are for the purposes of the protection of P, or of
persons of a description within which P falls.
(5) An order under this section—
(a) prohibits the person subject to the order from doing anything described in the order;
and
(b) has effect—
(i) until the expiry of the principal order; or
(ii) if earlier, until the principal order is varied, renewed or discharged under section
108 of SOA 2003.
(6) Only corresponding prohibitions may be included in an order under this section.
(7) For the purposes of subsection (6) a “corresponding prohibition”is a prohibition in substantially
the same terms as a prohibition in the principal order (“the principal prohibition”), subject to such
modifications as are necessary to secure that the prohibition is for the purposes of the protection
of members of the service community outside the United Kingdom who would, if in the United
Kingdom, be protected by the principal prohibition.
(8) In subsection (7) “protected”is to be construed in accordance with subsection (4).
]1
Notes
1
Amendments Pending
Pt 8 c. 7 s. 232E: repealed by Armed Forces Act 2006 c. 52 Pt 19 c. 4 s. 382 (November 2, 2016: repeal originally
Extent
Pt 8 c. 7 s. 232E(1)-(8): United Kingdom
[ 232F Extended prohibitions orders: appeals

(1) A person may appeal to the Judge Advocate General against the making of an order under
section 232E in respect of the person.
(2) The Secretary of State may by rules make provision about appeals under this section, and the
rules may in particular make provision—
(a) specifying the grounds on which an appeal may be brought;
(b) with respect to the procedure which is to apply in connection with an appeal;
(c) with respect to the powers of the Judge Advocate General in relation to an appeal.
]1
Notes
1
conferring power to make rules under 2006 c.52 s.232F as specified in SI 2012/669 art.3(d); not yet in force
otherwise)
Amendments Pending
Pt 8 c. 7 s. 232F: repealed by Armed Forces Act 2006 c. 52 Pt 19 c. 4 s. 382 (November 2, 2016: repeal originally
Extent
Pt 8 c. 7 s. 232F(1)-(2)(c): United Kingdom
N Not Yet In Force

[ 232G Offence: breach of order under section 232A or 232E

(1) A person within subsection (2) (“P”) commits an offence if, without reasonable excuse, P does
anything which P is prohibited from doing by an order under section 232A or 232E.
(a) a person subject to service law;
exceed five years.
(4) Where a person is convicted of an offence under this section, the court that convicts him may
vary or revoke the order to which the offence relates.
]1
Notes
1
Amendments Pending
Pt 8 c. 7 s. 232G: repealed by Armed Forces Act 2006 c. 52 Pt 19 c. 4 s. 382 (November 2, 2016: repeal originally
Extent
Pt 8 c. 7 s. 232G(1)-(4): United Kingdom
Order for parent or guardian to enter into recognizance
Law In Force
233 Order for service parent or service guardian to enter into recognizance
(1) Where–
(a) a person aged under 18 is convicted of an offence by the Court Martial or the Service
Civilian Court,
(b) he is a civilian subject to service discipline, and
(c) he has a service parent or service guardian,
the court may, and in the circumstances mentioned in subsection (3) must, exercise the powers
conferred by this section.
(2) The powers conferred by this section are as follows–
(a) with the consent of the offender's service parent or service guardian, to order that parent
or guardian to enter into a recognizance to take proper care of the offender and exercise
proper control over him; and
(b) if the service parent or service guardian refuses consent and the court considers the
refusal unreasonable, to order that parent or guardian to pay a fine not exceeding level 3 on
the standard scale.
(3) The circumstances referred to in subsection (1) as those in which the court must exercise the
powers conferred by this section are–
(a) that the offender is under 16 when convicted; and
(b) that the court is satisfied, having regard to the circumstances of the case, that the exercise
of those powers would be desirable in the interests of preventing the commission by him
of further offences.
(4) Where the powers conferred by this section are not exercised in a case where subsection (1)
applies and the offender is under 16 when convicted, the court must state in open court that it is
not satisfied as mentioned in subsection (3)(b) and why it is not so satisfied.
(5) A parent or guardian is a “service parent” or “service guardian” for the purposes of this section
if he is a person subject to service law or a civilian subject to service discipline.
(6) For the purposes of this section, taking “care” of a person includes giving him protection and
guidance and “control”includes discipline.
Amendments Pending
Commencement
Extent
Law In Force
234 Recognizances and fines under section 233: further provision

(1) An order under section 233 must not require the parent or guardian to enter into a recognizance
for an amount exceeding level 3 on the standard scale.
(2) Such an order must not require the parent or guardian to enter into a recognizance–
(a) for a period exceeding three years; or
(b) where the offender will reach the age of 18 in a period shorter than three years, for a
period exceeding that shorter period.
(3) In fixing the amount of a recognizance under that section, the court must take into account
(among other things) the means of the parent or guardian so far as they appear or are known to the
court, and this applies whether taking those means into account has the effect of increasing or
reducing the amount of the recognizance.
(4) A recognizance under section 233 may, where the court has passed an overseas community
order on the offender, include a provision that the service parent or service guardian ensure that
the offender complies with the requirements of that order.
(5) A court imposing a fine under section 233(2)(b) may make an order under section 251 (power
to allow payment by instalments), and in relation to such a fine section 251(2) to (7) have effect
as if any reference to a service compensation order were omitted.
Amendments Pending
Commencement
Extent
Law In Force
235 Recognizances: appeals, variation and revocation

(a) an order under section 233 is to be treated as a sentence passed on the parent or guardian
for the offence; and
(b) the parent or guardian is to be treated for the purpose of enabling him to appeal against
the order as if he had been convicted of the offence by the court that made the order.
(4) The Court Martial may vary or revoke an order under section 233 if on the application of the
parent or guardian it appears to the court, having regard to any change in the circumstances since
the order was made, to be in the interests of justice to do so.
Amendments Pending
Commencement
Extent
Law In Force
236 Forfeiture of recognizance

(1) Where–
(a) a recognizance under section 233 has been entered into, and
(b) the offender commits a service offence during the period of the recognizance,
the Court Martial or the Service Civilian Court may on convicting the offender of that offence (and
subject to subsection (2)) declare the recognizance to be forfeited.
(2) The court may not make such a declaration where the parent or guardian is neither a person
subject to service law nor a civilian subject to service discipline.
(3) If a court declares under this section that a recognizance is to be forfeited it must–
(a) adjudge the parent or guardian to pay the sum in which he is bound;
(b) adjudge him to pay part of that sum; or
(c) remit that sum.
(4) A court declaring under this section that a recognizance is to be forfeited may make an order
under section 251 (power to allow payment by instalments); and in relation to a forfeiture under
this section, section 251(2) to (7) have effect as if references to the fine or service compensation
order were to the forfeiture.
Amendments Pending
Commencement
Extent
PART 9
SENTENCING: PRINCIPLES AND PROCEDURES
CHAPTER 1
PRINCIPLES AND PROCEDURES APPLYING TO SERVICE COURTS AND SUMMARY

HEARINGS
General sentencing principles
Law In Force
237 Duty to have regard to purposes of sentencing etc

(1) A court or officer dealing with an offender for a service offence must have regard to the following
purposes of sentencing–
(a) the punishment of offenders;
(b) the maintenance of discipline;
(c) the reduction of service offences and other crime (including reduction by deterrence);
(d) the reform and rehabilitation of offenders;
(e) the protection of the public;
(f) the making of reparation by offenders to persons affected by their offences.
(2) If the offender is aged under 18 the court or officer must also have regard to his welfare.
(3) This section does not apply in relation to–
(a) an offence the sentence for which is fixed by law;
(b) an offence the sentence for which, as a result of subsection (2) of any of [ sections
218A, 219, 221 and 225 to 227 ] 1 of this Act (required custodial sentences), falls to be
imposed under–
[ section 224A, 225(2) or 226(2) ] 2 of the 2003 Act;
section 110(2) or 111(2) of the Sentencing Act; or
section 51A(2) of the Firearms Act 1968 (c. 27) [ ; ] 3
[ (c) an offence the sentence for which falls to be imposed under section 227A(2). ] 3
(4) In this section “sentencing”includes the making of any order when dealing with an offender in
respect of his offence.
Notes
1
Word inserted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.22(2) para.31(a)
(December 3, 2012)
2
Word inserted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.22(2) para.31(b)
(December 3, 2012)
3
Amendments Pending
Commencement
Extent
Pt 9 c. 1 s. 237(3)(c): United Kingdom
Law In Force
238 Deciding the seriousness of an offence

(1) A court or officer dealing with an offender for a service offence (“the current offence”) must
in considering the seriousness of the offence–
(a) consider the offender's culpability in committing the offence and any harm which the
offence caused, was intended to cause or could foreseeably have caused;
(b) if the offender has one or more previous convictions, treat as an aggravating factor each
previous conviction that the court or officer considers can reasonably be so treated;
(c) if the offender committed the current offence while–
(i) charged with another service offence and released from service custody, or
(ii) on bail,
treat the fact that it was committed in those circumstances as an aggravating factor.
(2) In considering whether a previous conviction can reasonably be treated as an aggravating factor
the court or officer must have regard (in particular) to–
(a) the nature of the offence to which the conviction relates and its relevance to the current
offence; and
(b) the time that has elapsed since the conviction.
(3) Any reference in subsection (1) or (2) to a previous conviction is to be read as a reference to–
(a) a previous conviction of a service offence; […]1
(b) a previous conviction by a court in the British Islands of an offence other than a service
offence [ ; ] 2
[ (c) a previous conviction by a court in a member State other than the United Kingdom of
a relevant offence under the law of that State, or
(d) a finding of guilt in respect of a member State service offence. ] 2
[ (4) Nothing in this section prevents the court or officer from treating—
(a) a previous conviction by a court outside both the British Islands and any member State,
or
(b) a previous conviction by a court in any member State (other than the United Kingdom)
of an offence which is not a relevant offence or a member State service offence,
as an aggravating factor in any case where the court or officer considers it appropriate to do so.
(5) For the purposes of this section—
(a) an offence is “relevant” if the offence would constitute an offence under the law of any
part of the United Kingdom if it were done in that part at the time of the conviction in respect
of the current offence,
(b) “member State service offence” means an offence which—
(i) was the subject of proceedings under the service law of a member State other
than the United Kingdom, and
(ii) would constitute an offence under the law of any part of the United Kingdom,
or a service offence, if it were done in any part of the United Kingdom, by a member
of Her Majesty's forces, at the time of the conviction of the defendant for the current
offence, and
(c) “service law”, in relation to a member State other than the United Kingdom, means the
law governing all or any of the naval, military or air forces of that State.
]3
Notes
1
Word repealed by Coroners and Justice Act 2009 c. 25 Sch.23(5) para.1 (August 15, 2010 as SI 2010/1858)
2
Added by Coroners and Justice Act 2009 c. 25 Sch.17 para.7(2)(b) (August 15, 2010: insertion has effect as SI
2010/1858 subject to transitional provisions specified in 2009 c.25, Sch.22, para.42)
3
S.238(4)-(5) substituted for s.238(4) by Coroners and Justice Act 2009 c. 25 Sch.17 para.7(3) (August 15, 2010)
Amendments Pending
Commencement
Extent
Pt 9 c. 1 s. 238(3)(c)-(3)(d), (4)(a)-(5)(c): United Kingdom
Law In Force
239 Reduction in sentences for guilty pleas

(1) This section applies where an offender–
(a) has pleaded guilty to a service offence in proceedings before a court; or
(b) at a summary hearing in respect of a service offence, has admitted the offence.
(2) In determining what sentence to pass on the offender, the court or officer dealing with him for
his offence must take into account–
(a) the stage in the proceedings for the offence at which he indicated his intention to plead
guilty or his intention to admit the offence at a summary hearing; and
(b) the circumstances in which this indication was given.
(3) In subsection (2) “sentence”includes any order made when dealing with the offender in respect
of his offence.
(4) Subsection (5) applies in the case of an offence the sentence for which, as a result of section
225(2) or 226(2) of this Act (required custodial sentences), falls to be imposed under section 110(2)
or 111(2) of the Sentencing Act.
(5) Nothing in section 110(2) or 111(2) of that Act prevents the court, after taking into account any
matter mentioned in subsection (2) above, from imposing any sentence which is at least 80% of
that specified in section 110(2) or 111(2) of that Act.
[ (6) Nothing in section 227A(2) prevents the court, after taking into account any matter mentioned
in subsection (2) of this section, from imposing any sentence which is at least 80% of that specified
in section 227A(2). ] 1
Notes
1
Amendments Pending
Commencement
Extent
Law In Force
240 Increase in sentence for racial or religious aggravation

(1) This section applies where a court or officer dealing with an offender for a service offence
(other than an offence mentioned in subsection (3)) is considering the seriousness of the offence.
(2) If the offence was racially or religiously aggravated the court or officer–
(a) must treat that fact as an aggravating factor; and
(b) must state in open court that the offence was so aggravated.
(3) This section does not apply in relation to an offence under section 42 as respects which the
corresponding offence under the law of England and Wales is an offence under any of sections 29
to 32 of the Crime and Disorder Act 1998 (c. 37) (racially or religiously aggravated assaults, criminal
damage, public order offences and harassment etc).
(4) Section 28 of the Crime and Disorder Act 1998 (meaning of “racially or religiously aggravated”)
applies for the purposes of this section as it applies for the purposes of sections 29 to 32 of that
Act.
Amendments Pending
Commencement
Extent
Law In Force
241 Increase in sentence for aggravation related to disability [ , sexual orientation or

transgender identity ] 1
(1) This section applies where a court or officer dealing with an offender for a service offence
within subsection (2) is considering the seriousness of the offence.
(2) A service offence is within this subsection if–
(a) at the time of committing the offence, or immediately before or after doing so, the
offender demonstrated towards the victim of the offence hostility based on–
(i) the sexual orientation (or presumed sexual orientation) of the victim; […]2
(ii) a disability (or presumed disability) of the victim; or
[ (iii) the victim being (or being presumed to be) transgender, or ] 3
(b) the offence is motivated (wholly or partly)–
(i) by hostility towards persons who are of a particular sexual orientation; […]4
(ii) by hostility towards persons who have a disability or a particular disability [ ,
or ] 5
[ (iii) by hostility towards persons who are transgender. ] 5
(3) The court or officer–
(a) must treat as an aggravating factor the fact that the offence was committed in any of
the circumstances mentioned in paragraph (a) or (b) of subsection (2); and
(b) must state in open court that the offence was committed in such circumstances.
(4) It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) whether the offender's
hostility is also based to any extent on any other factor not mentioned in that paragraph.
(5) In this section “disability” means any physical or mental impairment.
[ (6) In this section references to being transgender include references to being transsexual, or
undergoing, proposing to undergo or having undergone a process or part of a process of gender
reassignment. ] 6
Notes
1
Words substituted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Pt 3 c.1 s.65(11)
(December 3, 2012 subject to savings as specified in SI 2012/2906 art.3)
2
Word repealed by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Pt 3 c.1 s.65(12)(a) (December
3
4
Word repealed by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Pt 3 c.1 s.65(13)(a) (December
5
6
Added by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Pt 3 c.1 s.65(14) (December 3, 2012
subject to savings as specified in SI 2012/2906 art.3)
Amendments Pending
Commencement
Extent
Pt 9 c. 1 s. 241(1)-(2)(a)(ii), (2)(b)-(2)(b)(ii), (3)-(5): United Kingdom (extends to the Isle of Man and the British
this Act)
Pt 9 c. 1 s. 241(2)(a)(iii), (2)(b)(iii), (6): United Kingdom
Service detention and custodial sentences
Law In Force
242 Service detention: general restriction

(1) A court may not pass a sentence of service detention in respect of an offence unless it is of the
opinion that the offence, or the combination of the offence and one or more offences associated
with it, was serious enough to warrant such a sentence.
(2) In forming any such opinion as is mentioned in subsection (1) or section 243(2) (length of
sentence), a court must take into account all such information as is available to it about the
circumstances of the offence and any associated offence, including any aggravating or mitigating
factors.
(3) In subsections (1) and (2) “court”does not include the Summary Appeal Court.
(4) A sentence of service detention may not be–

(a) passed by an officer at a summary hearing, or
(b) passed or confirmed by the Summary Appeal Court,
unless the officer or court is of the opinion that the offence it is in respect of (or, if it is in respect
of two or more offences, the combination of them) was serious enough to warrant such a sentence.
sentence), an officer or the Summary Appeal Court must take into account all such information as
is available to him or it about the circumstances of the offence (or offences), including any
aggravating or mitigating factors.
Amendments Pending
Commencement
Extent
Law In Force
243 Length of term of service detention: general provision

(1) This section applies where a sentence of service detention is passed in respect of a service
offence.
(2) Where the detention is imposed by a court other than the Summary Appeal Court, it must be
for the shortest term (not exceeding the permitted maximum) that in the opinion of the court is
commensurate with the seriousness of the offence or the combination of the offence and one or
more offences associated with it.
(3) Where the detention is imposed by an officer at a summary hearing or by the Summary Appeal
Court, it must be for the shortest term (not exceeding the permitted maximum) that in the opinion
of the officer or court is commensurate with the seriousness of the offence (or, if it is imposed in
respect of two or more offences, the seriousness of them taken together).
Amendments Pending
Commencement
Extent
Law In Force
244 Limit on combined term of sentences of service detention

(1) A court or officer may not–
(a) pass a sentence of service detention,
(b) make a direction under section 189 (consecutive terms of service detention), or
(c) make an order under section 191 or 193 (activation of suspended sentence of service
detention),
whose effect would be that a person would (at the relevant time) be subject to sentences of service
detention the combined term of which exceeds two years.
(2) In subsection (1) “the relevant time” is the time immediately after the passing of the sentence
or the making of the direction or order.
(3) For the purposes of this section, the combined term of sentences of service detention is–
(a) if none of the sentences overlap, the aggregate of the terms of the sentences;
(b) otherwise, the aggregate of–
(i) the period (or periods) during which any of the sentences overlaps any other of
them; and
(ii) the period (or periods) for which none of the sentences overlap.
(4) Where subsection (1) is contravened, any part of any sentence of service detention which would
(apart from this subsection) have effect after the end of the permitted period is remitted by virtue
of this subsection.
(5) In subsection (4) “permitted period” means the period–
(a) beginning with the date of contravention; and
(b) equal in length to the longest sentence of service detention that could have been passed
on that date without contravening subsection (1).
(6) For the purposes of the reference in subsection (4) to a part of a sentence which would have
effect after the end of the permitted period, any prospect of early release is to be disregarded.
(7) In subsection (1)(a) “sentence of service detention”does not include a suspended sentence of
service detention.
Amendments Pending
Commencement
Extent
Law In Force
245 Section 244: supplementary

(1) Subsections (2) to (5) apply for the purposes of section 244.
(2) A person is to be regarded as not subject to any sentence from which he has been released early.
(3) A person is to be regarded as not subject to a suspended sentence of service detention unless
an order that the sentence shall take effect has been made.
(4) Subject to subsection (3), a person is to be regarded as subject to any sentence of service detention
that has been passed on him but–
(a) has not taken effect; or
(b) as a result of section 290(5) or (6) or 291(6) or (7), has ceased to have effect and has
not resumed effect.
(5) A person who has been detained continuously pursuant to two or more sentences of service
detention is to be regarded as subject to all of those sentences (whether or not any of them has been
served in full).
(6) For the purposes of subsection (5), any periods of detention which would be continuous but for
section 290(3), (5) or (6) or 291(5), (6) or (7) are to be treated as continuous.
Amendments Pending
Commencement
Extent
Law In Force
246 Crediting of time in service custody: terms of imprisonment and detention

(a) a court or officer sentences an offender to a term of imprisonment or service detention

in respect of a service offence (“the offence in question”); and
(b) the offender has been kept in service custody, in connection with the offence in question
or any related offence, for any period since being charged with the offence in question or
any related offence.
[ (2) The number of days for which the offender was kept in service custody in connection with the
offence in question or any related offence since being so charged is to count as time served by the
offender as part of the sentence. But this is subject to subsections (2A) to (2C).
(2A) If, on any day on which the offender was kept in service custody, the offender was also detained
in connection with any other matter, that day is not to count as time served.
(2B) A day counts as time served—
(a) in relation to only one sentence, and
(b) only once in relation to that sentence.
(2C) A day is not to count as time served as part of any [ automatic release period served by the
offender ] 2 (see section 255B(1) of the 2003 Act). ] 1
(6) This section applies to–
(a) a determinate sentence of detention under section 209 , […]3
(b) a sentence of detention under [ section 226B or 228 ] 4 of the 2003 Act passed as a
result of [ section 221A or 222 ] 5 of this Act [ , and ] 6
[ (c) a determinate sentence of detention in a young offender institution, ] 6
as it applies to an equivalent sentence of imprisonment.
(7) References in this section to “the court” are to the court or officer mentioned in subsection (1).
Notes
1
S.246(2)-(2C) substituted for s.246(2)-(5) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10
Sch.13(1) para.2(2) (December 3, 2012: substitution has effect as SI 2012/2906 subject to transitional and transitory
provisions specified in 2012 c.12 Sch.15)
2
3
Word repealed by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.13(1) para.2(3)(a)
(December 3, 2012: repeal has effect as SI 2012/2906 subject to transitional and transitory provisions specified
in 2012 c.12 Sch.15)
4
Words inserted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.22(2) para.32(a)
(December 3, 2012)
5
Words inserted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.22(2) para.32(b)
(December 3, 2012)
6
Added by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.13(1) para.2(3)(b) (December
3, 2012: insertion has effect as SI 2012/2906 subject to transitional and transitory provisions specified in 2012
c.12 Sch.15)
Amendments Pending
Commencement
Extent
Pt 9 c. 1 s. 246(1)-(2), (3)-(6)(b), (7): United Kingdom (extends to the Isle of Man and the British overseas territories
Pt 9 c. 1 s. 246(2A)-(2C), (6)(c): United Kingdom
Law In Force
247 Crediting of time in service custody: supplementary

(1) For the purposes of section 246(1) offences are related if the charges for them were founded
on the same facts or evidence.
(2) It is immaterial for the purposes of section 246(1) whether the offender has also been kept in
service custody in connection with other offences [ (but see section 246(2B)) ] 1 […]2 .
[ (2A) The reference in section 246(2A) to detention in connection with any other matter does not
include remand in custody in connection with another offence but includes—
(a) detention pursuant to any custodial sentence;
(b) committal in default of payment of any sum of money;
(c) committal for want of sufficient distress to satisfy any sum of money;
(d) committal for failure to do or abstain from doing anything required to be done or left
undone.
]3
(3) For the purposes of section 246 a suspended sentence of imprisonment or a suspended sentence
of service detention–
(a) is to be treated as a sentence of imprisonment or (as the case may be) service detention
when an order that it shall take effect is made; and
(b) is to be treated as being imposed by that order.
(4) Subsections (5) to (7) apply for the purposes of [ the references in section 246(2) and (2B) ] 4
to the term of imprisonment or detention to which a person has been sentenced (that is to say, the
reference to his “sentence”).
(5) Consecutive terms of service detention, and terms of service detention which are wholly or
partly concurrent, are to be treated as a single term.
(6) Consecutive relevant custodial terms, and relevant custodial terms which are wholly or partly
concurrent, are to be treated as a single term if–
(a) the sentences were passed on the same occasion; or
(b) where they were passed on different occasions, the person has not been released under
Chapter 6 of Part 12 of the 2003 Act at any time during the period beginning with the first
and ending with the last of those occasions.
(7) For the purposes of subsection (6) any sentence within paragraph (a), (b) or (c) of section 188(4)
is a relevant custodial term.
Notes
1
Words inserted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.13(1) para.3(2)(a)
(December 3, 2012: insertion has effect as SI 2012/2906 subject to transitional and transitory provisions specified
in 2012 c.12 Sch.15)
2
Words repealed by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.13(1) para.3(2)(b)
(December 3, 2012: repeal has effect as SI 2012/2906 subject to transitional and transitory provisions specified
in 2012 c.12 Sch.15)
3
2012: insertion has effect as SI 2012/2906 subject to transitional and transitory provisions specified in 2012 c.12
Sch.15)
4
(December 3, 2012: substitution has effect as SI 2012/2906 subject to transitional and transitory provisions specified
in 2012 c.12 Sch.15)
Amendments Pending
Commencement
Extent
Pt 9 c. 1 s. 247(2A)-(2A)(d): United Kingdom
Forfeiture of seniority and reduction in rank
Law In Force
248 Forfeiture of seniority and reduction in rank or disrating: general restriction

(1) A court may not pass a sentence of forfeiture of seniority, reduction in rank or disrating in
respect of an offence unless it is of the opinion that the offence, or the combination of the offence
and one or more offences associated with it, was serious enough to warrant such a sentence.
(2) In forming any such opinion as is mentioned in subsection (1), a court must take into account
all such information as is available to it about the circumstances of the offence and any associated
offence, including any aggravating or mitigating factors.
(3) In subsections (1) and (2) “court”does not include the Summary Appeal Court.
(4) A sentence of forfeiture of seniority, reduction in rank or disrating may not be–
(a) passed by an officer at a summary hearing, or
(b) passed or confirmed by the Summary Appeal Court,
unless the officer or court is of the opinion that the offence it is in respect of (or, if it is in respect
of two or more offences, the combination of them) was serious enough to warrant such a sentence.
(5) In forming any such opinion as is mentioned in subsection (4), an officer or the Summary Appeal
Court must take into account all such information as is available to him or it about the circumstances
of the offence (or offences), including any aggravating or mitigating factors.
Amendments Pending
Commencement
Extent
Financial punishments
Law In Force
249 Fixing of fines

(1) A court or officer fixing a fine to be imposed on an offender in respect of a service offence
must, before fixing the amount of the fine, inquire into the offender's financial circumstances.
(2) The amount of any fine fixed by a court or officer in respect of a service offence must be such
as, in the opinion of the court or officer, reflects the seriousness of the offence.
(3) In fixing the amount of any fine to be imposed on an offender in respect of a service offence,
a court or officer must take into account the circumstances of the case including, among other
things, the offender's financial circumstances so far as they are known, or appear, to the court or
officer.
(4) Subsection (3) applies whether taking into account the offender's financial circumstances has
the effect of increasing or reducing the amount of the fine.
(5) Where–
(a) the court has inquired into the offender's financial circumstances as required by this
section,
(b) the offender has failed to co-operate with the court in its inquiry (whether by failing to
comply with a financial statement order under section 266 or otherwise), and
(c) the court considers that it has insufficient information to make a proper determination
of the offender's financial circumstances,
the court may make such determination of his financial circumstances as it considers appropriate.
(6) References in subsection (5) to “the court” are to the court or officer fixing a fine in respect of
a service offence.
Amendments Pending
Commencement
Extent
Law In Force
250 Determination of service compensation order

(1) In determining whether to make a service compensation order against any person, and in
determining the amount to be paid by any person under such an order, a court or officer must have
regard to that person's financial circumstances so far as they appear or are known to the court or
officer.
(2) Where the court or officer considers–
(a) that it would be appropriate both to impose a fine and to make a service compensation
order, but
(b) that the offender has insufficient means to pay both an appropriate fine and appropriate
compensation,
the court or officer must give preference to compensation (but may impose a fine as well).
Amendments Pending
Commencement
Extent
Law In Force
251 Power to allow payment of fine or service compensation order by instalments

(1) A court or officer awarding a fine or service compensation order in respect of a service offence
may make an order under this section.
(2) An order under this section is an order–
(a) allowing time for payment of the amount due in respect of the fine or service
compensation order (“the amount due”); or
(b) directing payment of that amount by instalments of such amounts and on such dates as
may be specified in the order.
(3) If no order under this section is made when the fine or service compensation order is imposed,
at any later time the appropriate court may make such an order on the application of the person by
whom the amount due is payable (“the relevant person”).
(4) The appropriate court may on the application of the relevant person vary an order made under
this section.
(5) In this section “the appropriate court” means–
(a) if the fine or service compensation order was imposed by an officer and subsection (6)
applies, the commanding officer of the relevant person;
(b) if the fine or service compensation order was imposed by a court and subsection (6) or
(7) applies, the Court Martial.
(6) This subsection applies if the relevant person is for the time being–
(b) a member of a volunteer reserve force; or
commitment.
(7) This subsection applies if the relevant person is for the time being a civilian subject to service
discipline.
Amendments Pending
Commencement
Extent
Reasons
Law In Force
252 Duty to give reasons and explain sentence

(1) Any court or officer passing sentence on an offender for a service offence–
(a) must state in open court, in ordinary language and in general terms and in accordance
with section 253, its (or his) reasons for deciding on the sentence passed; and
(b) must explain to the offender in ordinary language–
(i) the effect of the sentence;
(ii) where the offender is required to comply with any order forming part of the
sentence, the effects of non-compliance with the order;
(iii) any power, on the application of the offender or any other person, to vary or
review any order forming part of the sentence; and
(iv) where the sentence consists of or includes a fine, the effects of failure to pay
the fine.
(2) […]1
(3) The Secretary of State may by order–
(a) prescribe cases in which subsection (1)(a) or (b) does not apply;
(b) prescribe cases in which the statement referred to in subsection (1)(a) or the explanation
referred to in subsection (1)(b) may be made in the absence of the offender, or may be
provided in written form.
(4) In this section and section 253“sentence”includes any order made when dealing with the offender
in respect of his offence.
Notes
1
Repealed by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Pt 3 c.1 s.64(4)(a) (December
3, 2012)
Amendments Pending
Commencement
Pt 9 c. 1 s. 252(1)-(2)(b), (4): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Law In Force
253 Duties in complying with section 252

(1) In complying with section 252(1)(a) an officer or the Summary Appeal Court must–
(a) […]1
(b) if section 239 (guilty pleas) applies and as a result of taking into account a matter
mentioned in section 239(2) the officer or court has imposed a punishment on the offender
which is less severe than the punishment that would otherwise have been imposed, state
that fact [ . ] 1
(c)-(d) […]1
(2) In complying with section 252(1)(a) a court other than the Summary Appeal Court must–
(a) where guidelines indicate that a sentence of a particular kind, or within a particular
range, would normally be appropriate for the offence and the sentence is of a different kind
or is outside that range, state the court's reasons for deciding on a sentence of a different
kind or outside that range;
(b) […]1
(c) if section 239 (guilty pleas) applies and as a result of taking into account a matter
mentioned in section 239(2) the court has imposed a punishment on the offender which is
less severe than the punishment it would otherwise have imposed, state that fact [ . ] 1
(d)-(h) […]1
(3) In this section “guidelines”has the same meaning as in section 259.
Notes
1
Repealed by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Pt 3 c.1 s.64(4)(b) (December
3, 2012)
Amendments Pending
Commencement
Extent
Savings
Law In Force
254 Savings for powers to mitigate sentence etc

(1) Nothing in any of sections 242, 243, 248, 249, 250, 256, 258, 260, 261, 265 and 270 prevents
a court or officer from mitigating an offender's sentence by taking into account any such matters
as, in the court's or officer's opinion, are relevant in mitigation of sentence.
(2) Nothing in those sections prevents a court or officer from mitigating any punishment included
in an offender's sentence by taking into account any other punishment included in that sentence.
(3) Nothing in those sections or section 255 prevents a court, in the case of an offender who is
convicted of one or more other offences, from mitigating his sentence by applying any rule of law
as to the totality of sentences.
(4) Subsections (2) and (3) do not affect the generality of subsection (1).
Amendments Pending
Pt 9 c. 1 s. 254(1): words substituted by Criminal Justice and Immigration Act 2008 c. 4, Sch. 25(2) para. 25 (date to
be appointed)
Commencement
Extent
CHAPTER 2
PRINCIPLES AND PROCEDURES APPLYING TO SERVICE COURTS ONLY
General
Law In Force
255 Individual sentence for each offence

Where the Court Martial or the Service Civilian Court convicts a person, the court must pass a
separate sentence in respect of each offence of which he is convicted.
Amendments Pending
Commencement
Extent
Law In Force
256 Pre-sentence reports

(1) Subject to subsection (2), a court must obtain and consider a pre-sentence report before–
(a) forming any such opinion as is mentioned in–
section 242(1) or 243(2) (service detention);
section 260(2) or 261(2) (custodial sentence); or
section 265(1) (dismissal or dismissal with disgrace);
(b) forming any such opinion as is mentioned in section 270(1) or (2)(b) (community
punishment) or any opinion as to the suitability for the offender of the particular requirement
or requirements to be included in a community punishment; or
(c) forming the required opinion for the purposes of [ [ section 219(1), 219A(1), 221(1) or
221A(1) ] 2 (sentences for dangerous offenders). ] 1
(2) Subsection (1) does not apply if, in the circumstances of the case, the court is of the opinion
that it is unnecessary to obtain a pre-sentence report.
(3) Where the offender is aged under 18, the court must not form the opinion mentioned in subsection
(2) unless–
(a) there exists a previous pre-sentence report obtained in respect of the offender; and
(b) the court has had regard to the information contained in that report, or, if there is more
than one such report, the most recent report.
(4) No sentence is invalidated by a failure of a court to obtain and consider a presentence report
before doing any of the things mentioned in paragraphs (a) to (c) of subsection (1).
(5) However, any court on appeal against a custodial sentence in respect of a service offence, a
sentence of dismissal or dismissal with disgrace, a sentence of service detention or a community
punishment–
(a) must (subject to subsection (6)) obtain a pre-sentence report if none was obtained by
the court below; and
(b) must consider any such report obtained by it or by that court.
(6) Subsection (5)(a) does not apply if the court is of the opinion–
(a) that the court below was justified in forming an opinion that it was unnecessary to obtain
a pre-sentence report; or
(b) that, although the court below was not justified in forming that opinion, in the
circumstances of the case at the time it is before the court it is unnecessary to obtain a
pre-sentence report.
(7) Where the offender is aged under 18, the court must not form the opinion mentioned in subsection
(6) unless–
(a) there exists a previous pre-sentence report obtained in respect of the offender; and
(b) the court has had regard to the information contained in that report or, if there is more
than one such report, the most recent report.
(8) Subsections (5) to (7) do not apply to the Summary Appeal Court on an appeal to it.
(9) Subsections (1) to (4) do apply to the Summary Appeal Court in relation to a sentence of service
detention, but as if the opinions referred to in subsection (1)(a) were any such opinion as is mentioned
in section 242(4) or 243(3).
[ (10) The reference in subsection (1)(a) to a court forming any such opinion as is mentioned in
section 260(2) or 261(2) includes a court forming such an opinion for the purposes of section
218A(4). ] 3
Notes
1
2
Word substituted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.22(2) para.33(2)(b)
(December 3, 2012)
3
3, 2012)
Amendments Pending
Commencement
Extent
Law In Force
257 Pre-sentence reports: supplementary

(1) In section 256 and this section “pre-sentence report”has the meaning given by section 158(1)
of the 2003 Act.
(2) In section 158(1) of that Act as applied by this section, “an appropriate officer”includes any
registered social worker (as well as any person who is an appropriate officer within the meaning
given by section 158(2) of that Act).
(3) In this section “registered social worker” means a person registered as a social worker in a
register maintained by–
[ (a) the Health and Care Professions Council; ] 1
(b) the Care Council for Wales;
(c) the Scottish Social Services Council; or
(d) the Northern Ireland Social Care Council.
(4) Section 159(1) to (3) and (5) of the 2003 Act (disclosure of reports) apply in relation to a
pre-sentence report obtained by a court for the purposes of section 256 of this Act as they apply in
relation to a report obtained by a court for the purposes of section 156 of that Act.
Notes
1
Substituted by Health and Social Care Act 2012 c. 7 Sch.15(2) para.57 (August 1, 2012)
Amendments Pending
Commencement
Extent
Law In Force
258 Mentally disordered offenders: requirement for medical report

(1) Subject to subsection (2), before passing a custodial sentence for a service offence on an offender
who is or appears to be mentally disordered, a court must obtain and consider a medical report.
(2) Subsection (1) does not apply if, in the circumstances of the case, the court is of the opinion
that it is unnecessary to obtain a medical report.
(3) Before passing a custodial sentence for a service offence on an offender who is or appears to
be mentally disordered, a court must consider–
(a) any information before it which relates to his mental condition (whether given in a
medical report, a pre-sentence report or otherwise); and
(b) the likely effect of such a sentence on that condition and on any treatment which may
be available for it.
(4) No custodial sentence which is passed in a case to which subsection (1) applies is invalidated
by a failure of a court to comply with that subsection, but any court on an appeal against such a
sentence–
(a) must obtain a medical report if none was obtained by the court below; and
(b) must consider any such report obtained by it or by that court.
“custodial sentence”does not include a custodial sentence fixed by law;
“medical report” means a report as to an offender's mental condition made or submitted
orally or in writing by a registered medical practitioner who is approved for the purposes
of section 12 of the Mental Health Act 1983 (c. 20) by the Secretary of State [ , or by another
person by virtue of section 12ZA or 12ZB of that Act, ] 1 as having special experience in
the diagnosis or treatment of mental disorder .
(6) Nothing in this section is to be taken to limit the generality of–
section 256 (pre-sentence reports); or
section 260(4) (information to be taken into account).
Notes
1
Words inserted by Health and Social Care Act 2012 c. 7 Pt 1 s.38(5)(f) (April 1, 2013 subject to savings and
transitional provisons specified in SI 2013/160 arts 5-9)
Amendments Pending
Commencement
Extent
Law In Force
259 Sentencing guidelines

(1) A court must–
(a) in sentencing an offender for a service offence, have regard to any guidelines that are
relevant to the offender's case; and
(b) in exercising any other function relating to the sentencing of offenders for service
offences, have regard to any guidelines which are relevant to the exercise of the function.
(2) However, the court may depart from the guidelines mentioned in subsection (1)(a) or (b) if in
its opinion the departure is justified by any features of service life or of the service disciplinary
system that are relevant to the case.
(3) Subsection (2) does not limit any power existing apart from that subsection to depart from
guidelines.
(4) References in subsection (1)(a) and (b) to sentencing an offender for a service offence include
making any order when dealing with an offender in respect of such an offence.
[ (5) In this section “guidelines” means sentencing guidelines issued by the Sentencing Council for
England and Wales under section 120 of the Coroners and Justice Act 2009 as definitive guidelines,
as revised by any subsequent guidelines so issued. ] 1
Notes
1
Substituted by Coroners and Justice Act 2009 c. 25 Sch.21(8) para.89 (April 6, 2010)
Amendments Pending
Commencement
Pt 9 c. 2 s. 259(1)-(5) definition of "sentencing guidelines": October 31, 2009 (SI 2009/1167 art. 4)
Extent
Pt 9 c. 2 s. 259(1)-(5) definition of "sentencing guidelines": United Kingdom (extends to the Isle of Man and the British
this Act)
Custodial sentences and service detention
Law In Force
260 Discretionary custodial sentences: general restrictions

(1) This section applies where a court is dealing with an offender for a service offence punishable
with a custodial sentence, other than an offence the sentence for which–
(a) is fixed by law; or
(b) falls to be imposed [ under [ section 224A, 225(2) or 226(2) ] 2 of the 2003 Act (as
applied by [ section 218A, 219(2) or 221(2) ] 3 of this Act) or as a result of any of [ sections
225 to 227A ] 4 of this Act. ] 1
(2) The court must not pass a custodial sentence unless it is of the opinion that the offence, or the
combination of the offence and one or more offences associated with it, was so serious that no less
severe sentence can be justified for the offence.
(3) Nothing in subsection (2) prevents the court from passing a custodial sentence where–
(a) the court had proposed to award a community punishment; and
(b) the offender failed to express his willingness to comply with a requirement which the
court proposed to include in the community punishment and which required an expression
of such willingness.
sentence), a court must take into account all such information as is available to it about the
circumstances of the offence and any associated offence, including any aggravating or mitigating
factors.
[ (4A) The reference in subsection (4) to a court forming any such opinion as is mentioned in
subsection (2) or section 261(2) includes a court forming such an opinion for the purposes of section
218A(4).
(4B) The reference in subsection (4) to a court forming any such opinion as is mentioned in section
261(2) also includes a court forming such an opinion for the purposes of section 226A(6) or 226B(4)
of the 2003 Act (as applied by section 219A or 221A of this Act). ] 5
(5) For the purposes of this section a sentence falls to be imposed as a result of subsection (2) of
section 225, 226 or 227 if it is required by that subsection and the court is not of the opinion there
mentioned.
Notes
1
2
Word inserted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.22(2) para.34(2)(a)
(December 3, 2012)
3
Word inserted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.22(2) para.34(2)(b)
(December 3, 2012)
4
Word substituted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.26 para.27 (December
3, 2012)
5
3, 2012)
Amendments Pending
Commencement
Extent
Pt 9 c. 2 s. 260(1)-(4), (5): United Kingdom (extends to the Isle of Man and the British overseas territories and may
Pt 9 c. 2 s. 260(4A)-(4B): United Kingdom
Law In Force
261 Length of discretionary custodial sentences: general provision

(1) This section applies where a court passes a custodial sentence for a service offence, other than
a sentence fixed by law or [ imposed under [ section 224A, 225 or 226 ] 2 of the 2003 Act (as
applied by [ section 218A, 219(2) or 221(2) ] 3 of this Act) ] 1 .
(2) The custodial sentence must be for the shortest term (not exceeding the permitted maximum)
that in the opinion of the court is commensurate with the seriousness of the offence or the
combination of the offence and one or more offences associated with it.
(3) Subsection (2) is subject to [ sections 219A, 221A, 225, 226, 227 and 227A ] 4 ( [ sentences
that may or must be imposed ] 5 for certain offences).
Notes
1
Words substituted by Criminal Justice and Immigration Act 2008 c. 4 Sch.25(2) para.22(a) (October 31, 2009)
2
Word inserted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.22(2) para.35(2)(a)
(December 3, 2012)
3
Word inserted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.22(2) para.35(2)(b)
(December 3, 2012)
4
(December 3, 2012)
5
Words substituted by Criminal Justice and Immigration Act 2008 c. 4 Sch.25(2) para.22(b) (October 31, 2009)
Amendments Pending
Commencement
Extent
Law In Force
262 Power to recommend licence conditions

In section 238(1) of the 2003 Act (court imposing prison term of 12 months or more may recommend
licence conditions) “court”includes a court dealing with an offender for a service offence.
Amendments Pending
Commencement
Extent
Law In Force
263 Restriction on imposing custodial sentence or service detention on unrepresented offender

(1) A sentence of–
(a) imprisonment, or
(b) service detention,
must not be passed by the Court Martial or the Service Civilian Court, or passed or confirmed by
the Summary Appeal Court, in respect of an offender who is not legally represented in that court.
(2) Subsection (1) does not apply if the offender–
(a) having been informed of his right to apply for legal representation and having had the
opportunity to do so, refused or failed to apply; or
(b) was aged 21 or over when convicted, and has previously been sentenced to imprisonment
by a civilian court in any part of the United Kingdom or for a service offence [ , or sentenced
to detention by a court in any other member State or for a member State service offence ] 1
.
(3) The Court Martial or the Service Civilian Court must not–
(a) pass a sentence of detention under section 209 or 218 (young offenders' detention), or
(b) make an order under section 211 (detention and training),
on or in respect of an offender who is not legally represented in that court unless the offender,
having been informed of his right to apply for legal representation and having had the opportunity
to do so, refused or failed to apply.
(4) For the purposes of this section an offender is “legally represented” in the Court Martial or the
Service Civilian Court only if he has the assistance of counsel or a solicitor to represent him in the
proceedings in that court at some time after he is found guilty and before he is sentenced.
(5) For the purposes of this section an offender is “legally represented” in the Summary Appeal
Court–
(a) in a case where his appeal was only against punishment, if he has the assistance of
counsel or a solicitor to represent him at some time during the proceedings in that court;
(b) in any other case, only if he has the assistance of counsel or a solicitor to represent him
in the proceedings in that court at some time after the court confirms or substitutes the
finding and before it confirms or passes sentence.
(6) For the purposes of subsection (2)(b)–
(a) a previous sentence of imprisonment which has been suspended and has not taken effect
is to be disregarded;
(b) “sentence of imprisonment”does not include a committal for contempt of court or any
kindred offence [ ; ] 2
[ (c) “member State service offence” means an offence which—
(i) was the subject of proceedings under the service law of a member State other
than the United Kingdom, and
(ii) at the time it was done, would have constituted an offence in any part of the
United Kingdom, or a service offence, if it had been done in any part of the United
Kingdom by a member of Her Majesty's forces;
(d) “service law”, in relation to a member State other than the United Kingdom, means the
law governing all or any of the naval, military or air forces of that State. ] 2
Notes
1
Added by Coroners and Justice Act 2009 c. 25 Sch.17 para.11(a) (August 15, 2010: insertion has effect as SI
2
Added by Coroners and Justice Act 2009 c. 25 Sch.17 para.11(b) (August 15, 2010: insertion has effect as SI
Amendments Pending
Commencement
Extent
Pt 9 c. 2 s. 263(6)(c)-(6)(d): United Kingdom
Law In Force
264 Effect of duties to pass custodial sentences on other powers of punishment

(1) Where a provision of this Act requires a court to impose a particular custodial sentence in respect
of an offence, it is not to be taken to prevent the court from including in its sentence for that offence
any other authorised punishment.
(2) In this section an “authorised punishment” means any punishment authorised by this Act apart
from–
service detention;
a service supervision and punishment order;
minor punishments;
a community punishment;
a conditional or absolute discharge.
Amendments Pending
Commencement
Extent
Dismissal
Law In Force
265 Dismissal: general restrictions

(1) A court may not pass a sentence of dismissal or dismissal with disgrace in respect of an offence
unless it is of the opinion that the offence, or the combination of the offence and one or more
offences associated with it, was serious enough to warrant such a sentence.
(2) In forming any such opinion as is mentioned in subsection (1), a court must take into account
all such information as is available to it about the circumstances of the offence and any associated
offence, including any aggravating or mitigating factors.
(3) The Court Martial must not pass a sentence of dismissal or dismissal with disgrace on an offender
who is not legally represented in that court.
(4) Subsection (3) does not apply if the offender, having been informed of his right to apply for
legal representation and having had the opportunity to do so, refused or failed to apply.
(5) For the purposes of this section an offender is “legally represented” in the Court Martial only
if he has the assistance of counsel or a solicitor to represent him in the proceedings in that court at
some time after he is found guilty and before he is sentenced.
Amendments Pending
Commencement
Extent
Law In Force
266 Financial statement orders

(1) Before sentencing a person who has been convicted of a service offence, a court may make a
financial statement order; but this does not apply to the Summary Appeal Court.
(2) A financial statement order is an order requiring the person to give to the court, within such
period as may be specified in the order, such a statement of his [ assets and other ] 1 financial
circumstances as the court may require.
(3) A person who without reasonable excuse fails to comply with a financial statement order commits
an offence and is liable to a fine not exceeding level 3 on the standard scale.
(4) A person who in providing any statement in pursuance of a financial statement order–
(a) makes a statement which he knows to be false in a material particular,
(b) recklessly provides a statement which is false in a material particular, or
(c) knowingly fails to disclose any material fact,
commits an offence and is liable to a fine not exceeding level 4 on the standard scale.
Notes
1
Words inserted by Crime and Courts Act 2013 c. 22 Sch.16(8) para.38 (December 11, 2013 in relation to the
United Kingdom)
Amendments Pending
Commencement
Extent
Law In Force
267 Power of court to remit fine

(1) This section applies where a court has, in fixing the amount of a fine in respect of a service
offence, determined the offender's financial circumstances under section 249(5).
(2) If on subsequently inquiring into the offender's financial circumstances the court is satisfied
that had it had the results of that inquiry when sentencing the offender it would–
(a) have fixed a smaller amount, or
(b) not have fined him,
it may remit the whole or part of the fine.
[ (3) Where under this section the court remits the whole or part of a fine after a term of imprisonment
has been fixed under section 269A2 , it must reduce the term by the corresponding proportion.
(4) In calculating any reduction required by subsection (3), any fraction of a day is to be ignored. ] 1
Notes
1
Added by Armed Forces (Remission of Fines) Order 2013/3234 art.2 (December 20, 2013)
2
Section 269A is inserted by section 16(1) of the Armed Forces Act 2011 (c. 18).
Amendments Pending
Commencement
Extent
Law In Force
268 Order for service parent or service guardian to pay fine or compensation
(a) a person aged under 18 is convicted of an offence by the Court Martial or the Service
Civilian Court;
(b) he is a civilian subject to service discipline;
(c) he has a service parent or service guardian; and
(d) the court is of the opinion that the case would best be met by the imposition of a fine
or the making of a service compensation order (with or without any other punishment).
(2) The court may, and if the offender is under 16 when convicted must, order that the fine or
compensation awarded be paid by the service parent or service guardian instead of by the offender
himself; but this is subject to subsection (3).
(3) Where (apart from this subsection) the court would be required by subsection (2) to make an
order against a service parent or service guardian, the court need not make such an order if it is
satisfied–
(a) that no service parent or service guardian can be found; or
(b) that it would be unreasonable to make such an order having regard to the circumstances
of the case.
(4) No order may be made under this section without giving the parent or guardian an opportunity
of being heard, unless the parent or guardian has failed to attend having been required to do so.
(a) an order under this section is to be treated as a sentence passed on the parent or guardian
for the offence; and
(b) the parent or guardian is to be treated for the purpose of enabling him to appeal against
the order as if he had been convicted of the offence by the court that made the order.
(8) A parent or guardian is a “service parent” or “service guardian” for the purposes of this section
if he is a person subject to service law or a civilian subject to service discipline.
Amendments Pending
Commencement
Extent
Law In Force
269 Fixing of fine or compensation to be paid by parent or guardian

(1) For the purposes of any order under section 268 against the parent or guardian of an offender–
(a) section 249 (fixing of fine) has effect as if any reference to the offender's financial
circumstances were to the parent's or guardian's financial circumstances, and as if the
reference in subsection (5)(b) to the offender were to the parent or guardian;
(b) section 250(1) (determination of service compensation order) has effect as if any
reference to the financial circumstances of the person against whom the service compensation
order is made were to the financial circumstances of the parent or guardian;
(c) section 250(2) (preference to be given to compensation if insufficient means to pay
both compensation and fine) has effect as if the reference to the offender were to the parent
or guardian;
(d) section 267 (power to remit fine) has effect as if any reference to the offender's financial
circumstances were to the parent's or guardian's financial circumstances.
(2) Before making an order under section 268 against a parent or guardian, the court may make a
financial statement order with respect to him.
(3) In subsection (2) “financial statement order”has the meaning given by subsection (2) of section
266, and subsections (3) and (4) of that section apply in relation to a financial statement order made
under this section as they apply in relation to such an order made under that section.
Amendments Pending
Commencement
Extent
Law In Force
[ “269A Fines: fixing of term of imprisonment for default

(1) Where the Court Martial imposes a fine on a person aged 18 or over, the court must make an
order fixing a term of imprisonment which the person is to undergo if—
(a) any sum which the person is liable to pay is not duly paid or recovered; and
(b) an enforcement order is made.
(2) The Table in section 139(4) of the Sentencing Act (maximum periods of imprisonment for
default), as for the time being in force, applies for the purpose of determining the maximum periods
of imprisonment that may be fixed under this section for fines of the amounts set out in that Table.
(3) Where the person mentioned in subsection (1) is sentenced by the court to, or is serving or
otherwise liable to serve, a term of—
(a) imprisonment,
(b) detention in a young offender institution, or
(c) detention under section 108 of the Sentencing Act (detention of persons aged 18 to 21
for default or contempt),
the court may order that any term of imprisonment fixed under subsection (1) shall not begin to
run until after the end of that other term.
(4) For the purposes of references in subsection (3) to a term of imprisonment or detention which
a person has been sentenced to or is serving or liable to serve, consecutive terms and terms which
are wholly or partly concurrent are to be treated as a single term.
(5) References in subsection (3) to a term which a person is serving or liable to serve are to a term
imposed—
(a) by a relevant service court; or
(b) by a civilian court in any part of the United Kingdom.
(6) In this section—
“enforcement order” means an order under regulations made under section 322 (orders for
enforcement by prescribed courts of fines etc);
“relevant service court” means the Court Martial, the Service Civilian Court, the Court
Martial Appeal Court or the Supreme Court on an appeal brought from the Court Martial
Appeal Court.
1
]
Notes
1
Added by Armed Forces Act 2011 c. 18 s.16(1) (November 1, 2013)
Amendments Pending
Extent
Pt 9 c. 2 s. 269A(1)-(6) definition of "relevant service court": United Kingdom
Law In Force
[ 269B Service compensation orders: power to set maximum term of imprisonment for default
(a) the Court Martial makes a service compensation order and the person by whom the
compensation is payable is aged 18 or over; and
(b) the court thinks that the usual default term is insufficient.
(2) In subsection (1) “the usual default term” means the period for which the person would be liable
to be committed to prison for default if—
(a) an enforcement order were made; and

(b) by virtue of that order, the amount payable under the service compensation order were
treated as if it had been a fine imposed on a conviction by a magistrates' court in England
and Wales.
(3) Where this section applies, the court may specify a longer period as the maximum term to which
the person is liable to be committed to prison for default if an enforcement order is made.
(4) The Table in section 139(4) of the Sentencing Act (maximum periods of imprisonment for
default), as for the time being in force, applies for the purpose of determining the maximum periods
of imprisonment that may be specified under this section for service compensation orders of the
amounts set out in that Table.
(5) In this section “enforcement order”has the same meaning as in section 269A.
]1
Notes
1
Amendments Pending
Extent
Pt 9 c. 2 s. 269B(1)-(5): United Kingdom
Law In Force
[ 269C Orders under section 269A or 269B against service parents or service guardians:
appeals
(a) the Court Martial makes an order under section 268 in respect of a fine or service
compensation order (fine or compensation to be paid by service parent or service guardian);
and
(b) the court also makes an order under section 269A or 269B (“a default term order”) in
respect of the parent or guardian (“P”).
(2) For the purposes of the Court Martial Appeals Act 1968—
(a) the default term order is to be treated as a sentence passed on P for the offence in respect
of which the fine or service compensation order was imposed; and
(b) P is to be treated, for the purpose of enabling P to appeal against the default term order,
as if P had been convicted of the offence by the Court Martial.
(3) For the purposes of any appeal against the default term order, references in section 16A of the
Court Martial Appeals Act 1968 to passing a sentence include making an order.
(4) On an appeal against the default term order, the Court Martial Appeal Court may (as an alternative
to exercising its powers under section 16A(2) of that Act) quash the order; but this is subject to
subsection (5).
(5) If the default term order was made under section 269A, the power under subsection (4) may
only be exercised if the court also quashes the order under section 268.
]1
Notes
1
Amendments Pending
Pt 9 c. 2 s. 269C: repealed by Armed Forces Act 2006 c. 52 Pt 19 c. 4 s. 382 (November 2, 2016: repeal originally
Extent
Pt 9 c. 2 s. 269C(1)-(5): United Kingdom
Community punishments
Law In Force
270 Community punishments: general restrictions etc

(1) A court must not award a community punishment in respect of an offence unless it is of the
opinion that the offence, or the combination of the offence and one or more offences associated
with it, was serious enough to warrant such a punishment.
(2) Where a court awards a community punishment–
(a) the particular requirement (or requirements) included in the order must be such as the
court considers the most suitable for the offender; and
(b) the restrictions on liberty imposed by the order must be such as in the opinion of the
court are commensurate with the seriousness of the offence, or the combination of the
offence and one or more offences associated with it.
[ (2A) Subsection (2) is subject to section 177(2A) of the 2003 Act (community orders: punitive
elements) as applied by section 178(3) and section 182(3A). ] 1
(3) In forming any such opinion as is mentioned in subsection (1) or (2)(b), a court must take into
account all such information as is available to it about the circumstances of the offence and any
associated offence, including any aggravating or mitigating factors.
(4) In forming an opinion for the purposes of subsection (2)(a) the court may take into account any
information about the offender which is before it.
(5) In determining the restrictions on liberty to be imposed by a community punishment in respect

of an offence, the court may have regard to any period for which the offender has, since being
charged with the offence or any related offence, been kept in service custody in connection with
the offence or any related offence.
(6) In subsection (5) “related offence”has the meaning given by section 247.
[ (6A) The fact that by virtue of any provision of this section—
(a) a community punishment may be awarded in respect of an offence, or
(b) particular restrictions on liberty may be imposed by a community punishment,
does not require a court to award such a punishment or to impose those restrictions.
]2
[ (7) Subsections (1) and (2)(b) are subject to section 270A. ] 3
Notes
1
Added by Crime and Courts Act 2013 c. 22 Sch.16(8) para.34 (December 11, 2013 in relation to the United
Kingdom)
2
Added by Criminal Justice and Immigration Act 2008 c. 4 Sch.25(2) para.26(2) (October 31, 2009)
3
S.270(7) substituted for s.270(7) and (8) by Armed Forces Act 2011 c. 18 Sch.3 para.20(1) (April 2, 2012)
Amendments Pending
Commencement
Extent
Pt 9 c. 2 s. 270(1)-(2)(b), (3)-(6), (7)-(8): United Kingdom (extends to the Isle of Man and the British overseas territories
Pt 9 c. 2 s. 270(2A), (6A)-(6A)(b): United Kingdom
The text of this provision varies depending on jurisdiction or other application. See parallel texts relating to:
Scotland and Northern Ireland | Wales | England
Law In Force
Scotland and Northern Ireland

[ 270A Exception to restrictions on community punishments

(1) If the conditions in subsection (2) are met, the power to award a community punishment in
respect of an offence (“the current offence”) may be exercised even though the court would not
otherwise regard—
(a) the current offence, or
(b) the combination of the current offence and one or more offences associated with it,
as serious enough to warrant a community punishment (despite the effect of section 238(1)(b)).
(2) The conditions referred to in subsection (1) are—
(a) that the offender was aged 16 or over when convicted of the current offence;
(b) that on three or more previous occasions the offender has been awarded a relevant
financial penalty; and
(c) that the court, having regard to all the circumstances, considers that it would be in the
interests of justice to award a community punishment.
(3) In subsection (2)(b) a “relevant financial penalty” means a sentence consisting only of a fine—
(a) passed on the offender in respect of a service offence, or member State service offence,
committed by the offender when aged 16 or over;
(b) passed on the offender on conviction by a civilian court in the British Islands of an
offence so committed; or
(c) passed on the offender on conviction by a civilian court in another member State of a
relevant offence so committed.
(4) For the purposes of subsection (2)(b) it is immaterial whether the offender has on other previous
occasions been awarded a sentence other than a relevant financial penalty.
(5) The circumstances which must be had regard to under subsection (2)(c) include—
(a) the nature of the offences for which the relevant financial penalties were awarded;
(b) the relevance of those offences to the current offence; and
(c) the time that has elapsed since those penalties were awarded.
(6) For the purposes of subsection (3), none of the following forms part of an offender's sentence—
(a) a service compensation order;
(b) a compensation order under—
(i) section 130 of the Sentencing Act;
(ii) section 249 of the Criminal Procedure (Scotland) Act 1995; or
(iii) Article 14 of the Criminal Justice (Northern Ireland) Order 1994;
(c) a surcharge under section 161A of the 2003 Act.
(7) This section does not limit the extent to which a court may, in accordance with section 238,
treat previous convictions of the offender as increasing the seriousness of an offence.
(a) “member State service office” means an offence which—
(i) was the subject of proceedings under the law governing all or any of the naval,
military or air forces of a member State other than the United Kingdom; and
(ii) would constitute a service offence or an offence under the law of any part of
the United Kingdom if it were committed in any part of the United Kingdom, by a
person subject to service law, at the time of the conviction of the current offence;
(b) “relevant offence” means an offence which would constitute an offence under the law
of any part of the United Kingdom if it were committed in any part of the United Kingdom
at the time of the conviction of the current offence.
]1
Notes
1
Added by Armed Forces Act 2011 c. 18 Sch.3 para.20(2) (April 2, 2012: insertion has effect subject to transitional
provisions specified in SI 2012/669 art.13)
Wales

otherwise regard—

(c) a surcharge under section 161A of the 2003 Act;
(d) an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act
2013.
]1
Notes
1
Added by Prevention of Social Housing Fraud Act 2013 c. 3 Sch.1 para.31 (November 5, 2013 as SI 2013/2861)
England

otherwise regard—
(c) a surcharge under section 161A of the 2003 Act;
(d) an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act
2013.
1
]
Notes
1
Added by Prevention of Social Housing Fraud Act 2013 c. 3 Sch.1 para.31 (October 15, 2013 as SI 2013/2622)
Amendments Pending
Extent
CHAPTER 3
SUPPLEMENTARY
Law In Force
271 Civilian courts dealing with service offences

(1) Nothing in this Part affects a civilian court dealing with an offender for a service offence.
(2) The Secretary of State may by regulations modify–
(a) any provision of Chapter 1 of Part 12 of the 2003 Act (sentencing principles etc for
civilian courts),
(b) any other enactment that confers functions on sentencing courts,
in its application to a civilian court dealing with an offender for a service offence.
Amendments Pending
Commencement
Extent
PART 10
COURT MARTIAL DECISIONS: APPEALS AND REVIEW
CHAPTER 1
APPEALS FROM COURT MARTIAL
Law In Force
272 Appeals to the Court Martial Appeal Court

(1) The Courts-Martial Appeal Court is renamed the Court Martial Appeal Court.
(2) Schedule 8 (amendment of the Courts-Martial (Appeals) Act 1968) has effect.
Amendments Pending
Pt 10 c. 1 s. 272: repealed by Armed Forces Act 2006 c. 52 Pt 19 c. 4 s. 382 (November 2, 2016: repeal originally
Commencement
Pt 10 c. 1 s. 272(2): January 1, 2008 for provisions specified in SI 2007/2913 art.3; October 1, 2008 for provisions
specified in SI 2008/1650 art.4(a); October 31, 2009 otherwise (SI 2007/2913 art. 3; SI 2008/1650 art. 4(a); SI
2009/1167 art. 4)
Extent
CHAPTER 2
REVIEW OF COURT MARTIAL SENTENCE
Law In Force
273 Review of unduly lenient sentence by Court Martial Appeal Court

(1) If the Attorney General considers–
(a) that a sentence passed by the Court Martial in respect of an offence under section 42
(criminal conduct) is unduly lenient, and
(b) that condition A or B is satisfied,
he may refer the case to the Court Martial Appeal Court for it to review the sentencing of the
offender.
(2) Condition A is that the corresponding offence under the law of England and Wales is under
that law an offence which, if committed by an adult, is triable only on indictment.
(3) Condition B is that the case is of a description specified for the purposes of this subsection in
an order made by the Secretary of State.
(4) A reference under subsection (1) may not be made without the leave of the Court Martial Appeal
Court.
(5) On a reference under subsection (1), the Court Martial Appeal Court may–
(a) quash the sentence passed by the Court Martial; and
(b) pass in substitution for it any sentence which the Court Martial Appeal Court thinks
appropriate and which is a sentence that the Court Martial had power to pass in respect of
the offence.
(6) For the purposes of subsection (1)(a), the Attorney General may consider that a sentence passed
by the Court Martial is unduly lenient if he considers–
(a) that the Court Martial erred in law as to its powers of sentencing; or
(b) that the sentence is not that required by [ [ section 224A, 225(2) or 226(2) ] 2 of the
2003 Act (as applied by [ section 218A, 219(2) or 221(2) ] 3 of this Act) or by [ section
225, 226, 227 or 227A ] 4 of this Act ] 1 ;
but nothing in this subsection limits subsection (1)(a).
[ (7) Where a reference under subsection (1) relates to a case in which the Court Martial made an
order specified in subsection (7A), the Court Martial Appeal Court may not, in deciding what
sentence is appropriate for the case, make any allowance for the fact that the offender is being
sentenced for a second time.
(7A) The orders specified in this subsection are—
(a) an order under section 269(2) of the 2003 Act (determination of minimum term in
relation to mandatory life sentence);
(b) an order under section 82A(2) of the Sentencing Act (determination of minimum term
in relation to discretionary life sentences and certain other sentences).
]5
(8) The reference in subsection (1)(a) to a sentence passed by the Court Martial does not include
one passed on an appeal under section 285 (appeal from Service Civilian Court).
(9) In this section and section 274“sentence”includes any order made by a court when dealing with
an offender.
Notes
1
2
Word inserted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.22(2) para.36(a)
(December 3, 2012)
3
Word inserted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.22(2) para.36(b)
(December 3, 2012)
4
Words substituted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.26 para.29 (December
3, 2012)
5
S.273(7)-(7A) substituted for s.273(7) by Criminal Justice and Immigration Act 2008 c. 4 Sch.25(2) para.28
(October 31, 2009)
Amendments Pending
Commencement
Extent
Pt 10 c. 2 s. 273(7A)-(7A)(b): United Kingdom
Law In Force
274 Reference of point of law to Supreme Court

(1) Where the Court Martial Appeal Court has concluded its review of a case referred to it under
section 273(1), the Attorney General or the offender may refer to the Supreme Court a point of law
involved in any sentence passed on the offender in the proceedings.
(2) A reference under subsection (1) may not be made without the leave of the Court Martial Appeal
Court or the Supreme Court.
(3) Such leave may not be given unless–
(a) the Court Martial Appeal Court has certified that the point of law is of general public
importance; and
(b) it appears to the Court Martial Appeal Court or the Supreme Court (as the case may
be) that the point is one which should be considered by the Supreme Court.
(4) The Supreme Court must give its opinion on any point of law referred to it under subsection
(1) and must–
(a) remit the case to the Court Martial Appeal Court to be dealt with; or
(b) deal with the case itself.
(5) For the purposes of dealing with a case itself the Supreme Court may exercise any powers of
the Court Martial Appeal Court.
Amendments Pending
Commencement
Extent
Law In Force
275 Power to make supplementary provision about review of sentence

(1) The Secretary of State may by regulations make supplementary provision with respect to
references under section 273(1) or 274(1) (including provision with respect to applications,
proceedings and other matters in connection with such references).
(2) The regulations may in particular include provision which is equivalent to that made by, or
capable of being made under, any provision of–
(a) this Act,
(b) the Court Martial Appeals Act 1968 (c. 20), or
(c) Schedule 3 to the Criminal Justice Act 1988 (c. 33) (reviews of sentencing;
supplementary),
Amendments Pending
Commencement
Pt 10 c. 2 s. 275(1)-(2)(c): March 28, 2009 for the purpose of enabling the Secretary of State to make orders, regulations
Extent
CHAPTER 3
COMPENSATION FOR MISCARRIAGES OF JUSTICE
Law In Force
276 Compensation for miscarriages of justice

(1) Where–
(a) a person has been convicted by the Court Martial, and
(b) subsequently his conviction has been reversed, or he has been pardoned, on the ground
that a new or newly discovered fact shows beyond reasonable doubt that there has been a
miscarriage of justice,
the Secretary of State shall pay compensation for the miscarriage of justice to him or, if he is dead,
to his personal representatives; but this is subject to [ subsections (2) to (3A) ] 1 .
(2) Compensation under this section is not payable if the non-disclosure of the unknown fact was
wholly or partly attributable to the person convicted.
(3) Compensation under this section is not payable unless an application for such compensation
has been made to the Secretary of State [ before the end of the period of 2 years beginning with
the date on which the conviction of the person concerned is reversed or he is pardoned ] 2 .
[ (3A) But the Secretary of State may direct that an application for compensation made after the
end of that period is to be treated as if it had been made within that period if the Secretary of State
considers that there are exceptional circumstances which justify doing so. ] 3
(4) The question whether there is a right to compensation under this section is to be determined by
the Secretary of State.
(5) If the Secretary of State determines that there is a right to such compensation, the amount of
the compensation is to be assessed by an assessor appointed by the Secretary of State.
[ (6) Section 276A applies in relation to the assessment of the amount of the compensation. ] 4
(7) The reference in subsection (1) to a conviction having been reversed is to be read as a reference
to a conviction having been quashed–
(a) on an appeal out of time;
(b) on a reference under section 34 of the Court Martial Appeals Act 1968 (c. 20); or
(c) on a reference under section 12A of the Criminal Appeal Act 1995.
[ (7A) But in a case where—
(a) a person's conviction for an offence is quashed on an appeal out of time, and
(b) the person is to be subject to a retrial,
the conviction is not to be treated for the purposes of subsection (1) as “reversed” unless and until
the person is acquitted of all offences at the retrial or the prosecution indicates that it has decided
not to proceed with the retrial.
]5
(8) Schedule 9 (provision with regard to assessors) has effect.
Notes
1
2
Words inserted subject to savings specified in 2008 c.4 Sch.25 para.34(1) by Criminal Justice and Immigration
Act 2008 c. 4 Sch.25(2) para.29(3) (October 31, 2009: insertion has effect subject to savings specified in 2008 c.4
Sch.25 para.34(1))
3
Inserted subject to savings specified in 2008 c.4 Sch.25 para.34(1) by Criminal Justice and Immigration Act 2008
c. 4 Sch.25(2) para.29(3) (October 31, 2009: insertion has effect subject to savings specified in 2008 c.4 Sch.25
para.34(1))
4
Substituted subject to savings specified in 2008 c.4 Sch.25 para.34(2) by Criminal Justice and Immigration Act
2008 c. 4 Sch.25(2) para.29(4) (October 31, 2009: substitution has effect subject to savings specified in 2008 c.4
Sch.25 para.34(2))
5
c. 4 Sch.25(2) para.29(5) (October 31, 2009: insertion has effect subject to savings specified in 2008 c.4 Sch.25
para.34(3))
Amendments Pending
Commencement
Extent
Pt 10 c. 3 s. 276(1)-(3), (4)-(7)(c), (8): United Kingdom (extends to the Isle of Man and the British overseas territories
Pt 10 c. 3 s. 276(3A), (7A)-(7A)(b): United Kingdom
Law In Force
[ 276A Miscarriages of justice: amount of compensation

(1) This section applies where an assessor is required to assess the amount of compensation payable
to or in respect of a person under section 276 for a miscarriage of justice.
(2) In assessing so much of any compensation payable under section 276 as is attributable to
suffering, harm to reputation or similar damage, the assessor must have regard in particular to—
(a) the seriousness of the offence of which the person was convicted and the severity of
the punishment resulting from the conviction, and
(b) the conduct of the investigation and prosecution of the offence.
(3) The assessor may make from the total amount of compensation that the assessor would otherwise
have assessed as payable under section 276 any deduction or deductions that the assessor considers
appropriate by reason of either or both of the following—
(a) any conduct of the person appearing to the assessor to have directly or indirectly caused,
or contributed to, the conviction concerned; and
(b) any other convictions of the person and any punishment resulting from them.
(4) If, having had regard to any matters falling within subsection (3)(a) or (b), the assessor considers
that there are exceptional circumstances which justify doing so, the assessor may determine that
the amount of compensation payable under section 276 is to be a nominal amount only.
(5) The total amount of compensation payable to or in respect of a person under section 276 for a
particular miscarriage of justice must not exceed the overall compensation limit.
That limit is—
(a) £1 million in a case to which section 276B applies, and
(b) £500,000 in any other case.
(6) The total amount of compensation payable under section 276 for a person's loss of earnings or
earnings capacity in respect of any one year must not exceed the earnings compensation limit.
That limit is an amount equal to 1.5 times the median annual gross earnings according to the latest
figures published by the Office of National Statistics at the time of the assessment.
(7) The Secretary of State may by order amend subsection (5) or (6) so as to alter any amount for
the time being specified as the overall compensation limit or the earnings compensation limit.
]1
Notes
1
c. 4 Sch.25(2) para.30 (October 31, 2009: insertion has effect subject to savings specified in 2008 c.4 Sch.25
para.34(2))
Amendments Pending
Extent
Law In Force
[ 276B Cases where person has been detained for at least 10 years
(1) For the purposes of section 276A(5) this section applies to any case where the person concerned
(“P”) has been in qualifying detention for a period (or total period) of at least 10 years by the time
when—
(a) the conviction is reversed, or
(b) the pardon is given,
as mentioned in section 276(1).
(2) P was “in qualifying detention” at any time when P was detained in a prison, a hospital or at
any other place, if P was so detained—
(a) by virtue of a sentence passed in respect of the relevant offence,
(b) under mental health legislation by reason of P's conviction of that offence (disregarding
any conditions other than the fact of the conviction that had to be fulfilled in order for P to
be so detained), or
(c) as a result of P's having been ordered to be kept in service custody, or remanded for
mental health purposes, in connection with the relevant offence or with any other offence
the charge for which was founded on the same facts or evidence as that for the relevant
offence.
(3) In calculating the period (or total period) during which P has been in qualifying detention as
mentioned in subsection (1), no account is to be taken of any period of time during which P was
both—
(a) in qualifying detention, and
(b) in excluded concurrent detention.
(4) P was “in excluded concurrent detention” at any time when P was detained in a prison, a hospital
or at any other place, if P was so detained—
(a) during the term of a sentence passed in respect of an offence other than the relevant
offence,
(b) under mental health legislation by reason of P's conviction of any such other offence
(disregarding any conditions other than the fact of the conviction that had to be fulfilled in
order for P to be so detained), or
(c) as a result of P's having been ordered to be kept in service custody, or remanded for
mental health purposes, in connection with an offence for which P was subsequently
convicted other than—
(i) the relevant offence, or
(ii) any other offence the charge for which was founded on the same facts or evidence
as that for the relevant offence.
(5) But P was not “in excluded concurrent detention” at any time by virtue of subsection (4)(a), (b)
or (c) if P's conviction of the other offence mentioned in that provision was quashed on appeal, or
a pardon was given in respect of it.
“kept in service custody” means—
(a) kept in service custody under section 105(2) of the Armed Forces Act 2006, or
(b) kept in military, air-force or naval custody under section 75A(2) of the Army
Act 1955 or of the Air Force Act 1955 or section 47G(2) of the Naval Discipline
Act 1957 (as the case may be);
“mental health legislation” means—
(a) Part 3 of the Mental Health Act 1983, or
(b) the provisions of any earlier enactment corresponding to Part 3 of that Act;
“the relevant offence” means the offence in respect of which the conviction is quashed or
the pardon is given (but see subsection (7));
“remanded for mental health purposes” means remanded or admitted to hospital under
section 35, 36 or 38 of the Mental Health Act 1983 or under any corresponding provision
of any earlier enactment;
“reversed”has the same meaning as in section 276 of this Act.
(7) If, as a result of the miscarriage of justice—
(a) two or more convictions are reversed, or
(b) a pardon is given in respect of two or more offences,
“the relevant offence” means any of the offences concerned.
]1
Notes
1
c. 4 Sch.25(2) para.30 (October 31, 2009: insertion has effect subject to savings specified in 2008 c.4 Sch.25
para.34(2))
Amendments Pending
Extent
Pt 10 c. 3 s. 276B(1)-(7)(b): United Kingdom
PART 11
THE SERVICE CIVILIAN COURT

The Service Civilian Court: court and proceedings
Law In Force
277 The Service Civilian Court

(1) There shall be a court, to be known as the Service Civilian Court.
[ (2) The Service Civilian Court may sit in any place, whether within or outside the United
Kingdom. ] 1
Notes
1
Substituted by Armed Forces Act 2011 c. 18 s.18 (April 2, 2012)
Amendments Pending
Pt 11 s. 277: repealed by Armed Forces Act 2006 c. 52 Pt 19 c. 4 s. 382 (November 2, 2016: repeal originally came
Commencement
Extent
Pt 11 s. 277(1)-(2): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend
Law In Force
278 Constitution and proceedings of the Service Civilian Court

(1) In any proceedings, the Service Civilian Court is to consist of a single judge advocate.
(2) The judge advocate for any proceedings is to be specified by or on behalf of the Judge Advocate
General.
(3) Schedule 10 (proceedings of the Service Civilian Court) has effect.
Amendments Pending
Commencement
Extent
Law In Force
279 Court must consider whether trial by Court Martial more appropriate
(1) Before arraignment, the Service Civilian Court must decide whether it or the Court Martial
should try the charge.
(2) Before making a decision under this section, the court must–
(a) give the Director of Service Prosecutions (“the Director”) an opportunity to inform the
court of the defendant's previous convictions (if any); and
(b) give the Director and the defendant an opportunity to make representations as to whether
the Service Civilian Court or the Court Martial should try the charge.
(3) In making a decision under this section, the court must consider–
(a) the nature of the case;
(b) the seriousness of the offence;
(c) whether its powers of punishment in respect of the offence would be adequate;
(d) any other circumstances it considers to be relevant; and
(e) any representations made by the Director and the defendant.
(4) If the court decides that the charge should be tried by the Court Martial–
(a) it must refer the charge to that court; and
trial.
(5) Section 238(3) (meaning of “previous conviction”) applies for the purposes of subsection (2)(a)
above.
Amendments Pending
Commencement
Extent
Law In Force
280 Right to elect trial by Court Martial instead of by SCC

(1) This section applies where the Service Civilian Court decides (under section 279) that it should
try a charge.
(2) Before arraignment the court must, in the way specified by SCC rules, give the defendant the
opportunity of electing Court Martial trial of the charge.
(3) If the defendant or (if more than one person is jointly charged) any of the defendants elects
Court Martial trial of the charge–
(a) the Service Civilian Court must refer the charge to the Court Martial; and
trial.
(4) If subsection (3) does not apply, the Service Civilian Court must try the charge (but this is
subject to the exercise by the Director of Service Prosecutions of the power under section 126(2)(b),
(d) or (e)).
(5) Where the Service Civilian Court is, in accordance with SCC rules, to try together two or more
charges against the defendant, an election for Court Martial trial in respect of any of the charges
takes effect as an election in respect of all of them.
Amendments Pending
Commencement
Extent
Law In Force
281 Power of SCC to convict of offence other than that charged

Section 161 (power of Court Martial to convict of offence other than that charged) applies in relation
to the Service Civilian Court as it applies in relation to the Court Martial.
Amendments Pending
Commencement
Pt 11 s. 281: October 31, 2009 (SI 2009/1167 art. 4)
Extent
Pt 11 s. 281: United Kingdom (extends to the Isle of Man and the British overseas territories and may extend to the
Punishments available to Service Civilian Court
Law In Force
282 Punishments available to Service Civilian Court

(1) Section 164 and Schedule 3 (punishments available to Court Martial) apply in relation to the
Service Civilian Court as they apply in relation to the Court Martial.
(2) Subsection (1) is subject to–
(a) sections 283 and 284 (maximum imprisonment, fine or compensation order that may
be awarded by SCC); and
(b) subsection (3).
(3) Where the Service Civilian Court sentences an offender to whom Part 2 of Schedule 3 applies,
it may not award a punishment mentioned in any of rows 2 to 5 or 8 of the Table in section 164 (as
modified by that Part of that Schedule).
Amendments Pending
Commencement
Extent
Law In Force
283 Imprisonment: maximum term

(1) The Service Civilian Court may not impose imprisonment for more than [ 6 months ] 1 in
respect of any one offence.
(2) Where the Service Civilian Court imposes two or more terms of imprisonment to run
consecutively their aggregate must not exceed [ 12 months ] 2 .
Notes
1
Words substituted by Armed Forces Act 2006 (Transitional Provisions etc) Order 2009/1059 Sch.2 para.2(1)(a)
of 2006 c.52 s.283(1) on October 31, 2009)
2
Words substituted by Armed Forces Act 2006 (Transitional Provisions etc) Order 2009/1059 Sch.2 para.2(1)(b)
of 2006 c.52 s.283(2) on October 31, 2009)
Amendments Pending
Pt 11 s. 283(2): words substituted by Armed Forces Act 2006 (Transitional Provisions etc) Order 2009/1059, Sch. 2
para. 2(1)(b) (date to be appointed: substitution shall come into force upon the coming into force of the Criminal Justice
Act 2003, s.332 and Sch.37 Pt 7)
Pt 11 s. 283(1): words substituted by Armed Forces Act 2006 (Transitional Provisions etc) Order 2009/1059, Sch. 2
para. 2(1)(a) (date to be appointed: substitution shall come into force upon the coming into force of the Criminal Justice
Act 2003, s.332 and Sch.37 Pt 7)
Commencement
Extent
Law In Force
284 Fines and compensation orders: maximum amounts

(1) The Service Civilian Court may not in respect of any one offence impose a fine exceeding the
prescribed sum.
(2) Where the Service Civilian Court convicts a person of an offence under section 42 (criminal
conduct), it may not impose a fine which a magistrates' court in England or Wales could not impose
on him for the corresponding offence under the law of England and Wales.
[ (2A) The following subsections apply if (but only if) the Service Civilian Court has convicted a
person aged under 18 (“the offender”) of an offence or offences. ] 1
(3) The compensation to be paid under a service compensation order made by the Service Civilian
Court in respect of [ the offence, or any one of the offences, ] 2 must not exceed the amount for the
time being mentioned in section 131(1) of the Sentencing Act (limit on compensation order made
by magistrates' court).
(4) The compensation or total compensation to be paid under a service compensation order or
service compensation orders made by the Service Civilian Court in respect of any offence or offences
taken into consideration in determining sentence must not exceed the difference (if any) between–
(a) the amount or total amount which under subsection (3) is the maximum for the offence
or offences of which the offender has been convicted; and
(b) the amount or total amounts (if any) which are in fact ordered to be paid in respect of
that offence or those offences.
Notes
1
Added by Crime and Courts Act 2013 c. 22 Sch.16(8) para.36(2) (December 11, 2013 in relation to the United
Kingdom)
2
the United Kingdom)
Amendments Pending
Commencement
Extent
Pt 11 s. 284(1)-(2), (3)-(4)(b): United Kingdom (extends to the Isle of Man and the British overseas territories and may
Pt 11 s. 284(2A): United Kingdom
Appeals from Service Civilian Court
Law In Force
285 Right of appeal from SCC

(1) A person convicted by the Service Civilian Court may appeal to the Court Martial–
(a) if he pleaded guilty, against his sentence;
(b) if he did not plead guilty, against his conviction or sentence.
(2) It is immaterial for the purposes of subsection (1)(a), and of subsection (1)(b) so far as relating
to sentence, whether the sentence was passed on conviction or in subsequent proceedings.
(3) Subject to subsection (4), any appeal under this section must be brought–
(a) within the period of 28 days beginning with the date on which the person was sentenced
(“the initial period”); or
(b) within such longer period as the Court Martial may allow by leave given before the end
of the initial period.
(4) The Court Martial may at any later time give leave for an appeal to be brought within such
period as it may allow.
(5) The respondent to an appeal under this section is the Director of Service Prosecutions.
(6) In this section “sentence”includes any order made by a court when dealing with an offender.
Amendments Pending
Commencement
Extent
Law In Force
286 Hearing of appeals from SCC

(1) This section applies in relation to appeals under section 285.
(2) An appeal against conviction is to be by way of a rehearing of the charge (including, where the
appellant is convicted, a rehearing as respects sentence).
(3) An appeal against sentence is to be by way of a rehearing as respects sentence.
(4) Subject to subsections (5) and (6) and to such modifications as may be contained in Court
Martial rules, Parts 7 to 9 of this Act apply in relation to appeals as they apply in relation to trials
by the Court Martial.
(5) The following may not be a member of the court hearing the appeal–
(a) the judge advocate who tried or sentenced the appellant;
(b) any other judge advocate before whom there was (in the proceedings under appeal) a
hearing.
(6) The Court Martial may only pass a sentence that the Service Civilian Court had power to pass
in respect of the offence.
(7) In this section and section 287–

(a) “sentence”includes any order;
(b) references to the passing of a sentence include references to the making of an order.
Amendments Pending
Commencement
Extent
Law In Force
287 Findings made and sentences passed by Court Martial on appeal from SCC
(1) Any finding made, or sentence passed, by the Court Martial on an appeal under section 285
replaces the finding or sentence of the Service Civilian Court.
(2) Unless the Court Martial otherwise directs, any sentence passed on such an appeal takes effect
from the beginning of the day on which the Service Civilian Court passed sentence.
(3) Subsection (4) applies where a sentence is passed on a person on an appeal under section 285
against sentence.
(4) The person is to be treated, for the purpose of enabling him to appeal under the Court Martial
Appeals Act 1968 (c. 20) against the sentence, as if he had been convicted by the Court Martial of
the offence in respect of which the sentence was passed.
Amendments Pending
Commencement
Extent
SCC rules
Law In Force
288 SCC rules

(1) The Secretary of State may by rules (referred to in this Act as “SCC rules”) make provision
with respect to the Service Civilian Court.
(2) SCC rules may in particular make provision with respect to–
(b) trials and other proceedings of the court;
(e) the representation of the defendant.
(3) Without prejudice to the generality of subsections (1) and (2), SCC rules may make provision–
(a) as to oaths and affirmations for judge advocates, witnesses and other persons;
(b) as to objections to, and the replacement of, judge advocates;
(c) for procuring the attendance of witnesses and other persons and the production of
(d) as to the amendment of charges;
(e) for the taking into consideration, when sentencing an offender, of any other service
offence committed by him;
(f) for the discharge of a court (including provision as to retrials and rehearings following
discharge);
(g) for the making and retention of records of proceedings of the court;
(h) for the supply of copies of such records, including provision about the fees payable for
(i) conferring functions in relation to the court on the court administration officer;
(j) for the delegation by the court administration officer of any of his functions in relation
to the court.
(5) Provision that may be made by the rules by virtue of subsection (3)(c)(ii) includes provision–
(6) SCC rules must secure that, after arraignment, charges may not be amended–
(a) in circumstances substantially different from those in which charges may be amended
in magistrates' courts in England and Wales; or
(b) otherwise than subject to conditions which correspond, as nearly as circumstances

permit, to those subject to which charges may be so amended.
(7) SCC rules may apply, with or without modifications, any enactment or subordinate legislation
(whenever passed or made), including any provision made by or under this Act.
Amendments Pending
Commencement
Pt 11 s. 288(1)-(7): March 28, 2009 for the purpose of enabling the Secretary of State to make orders, regulations and
Extent
PART 12
SERVICE AND EFFECT OF CERTAIN SENTENCES
Commencement of sentence
Law In Force
289 Commencement of sentences of the Court Martial and Service Civilian Court
(1) A sentence passed by the Court Martial or the Service Civilian Court takes effect from the
beginning of the day on which it is passed.
(2) Subsection (1) does not apply to–
(a) a suspended sentence of imprisonment or service detention; or
(b) a sentence passed by the Court Martial on appeal from the Service Civilian Court.
(3) Subsection (1) is subject to any power conferred by or under any Act (including this Act) to
direct that a sentence shall take effect otherwise than as mentioned in subsection (1).
Amendments Pending
Commencement
Extent
Law In Force
290 Commencement of term of service detention awarded by CO

(1) This section applies where an officer–
(a) awards a term of service detention (other than a suspended sentence of service detention);
and
(b) does not make a direction under section 189(3) in respect of the award (consecutive
sentences of service detention).
(2) If the offender so elects at the time of the award, the award takes effect from the beginning of
the day on which the award is made.
(3) If no election is made under subsection (2), the award–
(a) takes effect from the end of the appeal period (unless an appeal is brought within that
period);
(b) if an appeal is brought within that period, takes effect from the beginning of the day
when the appeal is abandoned or determined.
(4) An election under subsection (2) may be withdrawn at any time until the end of the appeal
period.
(5) If an election is withdrawn, the remainder of the award ceases to have effect from the beginning
of the day of withdrawal and resumes effect–
(a) from the end of the appeal period (unless an appeal is brought within that period);
(b) if an appeal is brought within that period, from the beginning of the day when the appeal
is abandoned or determined.
(6) If an award takes or resumes effect under subsection (2), (3)(a) or (5)(a) and an appeal is
subsequently brought, the remainder of the award–
(a) ceases to have effect from the beginning of the day when the appeal is brought; and
(b) resumes effect from the beginning of the day when the appeal is abandoned or
determined.
(7) In this section “appeal period” means the period mentioned in section 141(2) for the bringing
of an appeal.
(8) Nothing in subsection (3)(b), (5)(b) or (6)(b) applies where the appeal is determined and, on
that determination, the award is quashed or another punishment is substituted for it.
Amendments Pending
Commencement
Extent
Law In Force
291 Commencement of consecutive term of service detention awarded by CO

(1) This section applies where an officer–
(a) awards a term of service detention; and
(b) directs under section 189(3) that the award shall take effect from the end of another
sentence of service detention (“the initial sentence”).
(2) The offender may at the time of the award make an election under this subsection.
(3) Such an election may be withdrawn at any time until the end of the appeal period.
(4) If the offender–
(a) makes an election under subsection (2), and
(b) does not withdraw the election, or bring an appeal, before the end of the initial sentence,
the award takes effect from the end of the initial sentence.
(5) If subsection (4) does not apply, the award–
(a) takes effect from the end of the initial sentence or (if later) the end of the appeal period
(unless an appeal is brought before that time);
(b) if an appeal is brought before the end of the initial sentence or (if later) the end of the
appeal period, takes effect from the end of the initial sentence or (if later) the beginning of
the day when the appeal is abandoned or determined.
(6) If an election is withdrawn after the end of the initial sentence, the remainder of the award
ceases to have effect from the beginning of the day of withdrawal and resumes effect–
(a) from the end of the appeal period (unless an appeal is brought within that period);
(b) if an appeal is brought within that period, from the beginning of the day when the appeal
is abandoned or determined.
(7) If an award takes or resumes effect under subsection (4), (5)(a) or (6)(a) and an appeal is
subsequently brought, the remainder of the award–
(a) ceases to have effect from the beginning of the day when the appeal is brought; and
(b) resumes effect from the beginning of the day when the appeal is abandoned or
determined.
(8) In this section “appeal period” means the period mentioned in section 141(2) for the bringing
of an appeal against the award mentioned in subsection (1)(a) above.
(9) Nothing in subsection (5)(b), (6)(b) or (7)(b) applies where the appeal is determined and, on
that determination, the award is quashed or another punishment is substituted for it.
Amendments Pending
Commencement
Extent
Law In Force
292 Commencement of suspended sentence activated by CO

(1) This section applies where an officer makes an order (“the activation order”) under section
193(3) (activation of suspended award of service detention).
(2) If the activation order does not provide that the suspended sentence shall take effect from the
end of another sentence, section 290(2) to (8) apply, but with the following modifications–
(a) the reference in subsection (2) to the time of the award is to be read as to the time when
the activation order is made;
(b) the reference in subsection (2) to the day on which the award is made is to be read as
to the day on which the activation order is made;
(c) any other reference to “the award” in subsections (2) to (7) is to the award of service
detention to which the activation order relates (with any modification of its term made by
the activation order);
(d) the reference in subsection (7) to an appeal is to an appeal against the activation order;
and
(e) in subsection (8)–
(i) the reference to the award is to be read as to the activation order; and
(ii) the reference to another punishment is to be read as to another order under
section 193(3).
(3) If the activation order provides that the suspended sentence shall take effect from the end of
another sentence (“the initial sentence”), section 291(2) to (9) apply, but with the following
modifications–
(a) the reference in subsection (2) to the time of the award is to be read as to the time when
the activation order is made;
(b) any reference to “the initial sentence” is to the initial sentence as defined by this
subsection;
(c) any reference to “the award” in subsections (4) to (7) is to the award of service detention
to which the activation order relates (with any modification of its term made by the activation
order);
(d) the reference in subsection (8) to the award mentioned in section 291(1)(a) is to be read
as to the activation order; and
(e) in subsection (9)–
(i) the reference to the award is to be read as to the activation order; and
(ii) the reference to another punishment is to be read as to another order under
section 193(3).
Amendments Pending
Commencement
Pt 12 s. 292(1)-(3)(e)(ii): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Pt 12 s. 292(1)-(3)(e)(ii): United Kingdom (extends to the Isle of Man and the British overseas territories and may
Effect of custodial sentence or detention on rank or rate
R Repealed
293 […]1
Notes
1
Repealed by Armed Forces Act 2011 c. 18 Sch.5 para.1 (April 2, 2012: repeal has effect as SI 2012/669 subject
to savings and transitional provisions specified in 2011 c.18 s.13(3) and SI 2012/669 art.6(1))
Law In Force
294 Rank or rate of WOs and NCOs while in custody pursuant to custodial sentence etc
(1) While a warrant officer or non-commissioned officer is in custody in pursuance of a sentence
or order to which this section applies, he is for all purposes to be treated as being–
(a) if he is a member of any of Her Majesty's air forces, of the highest rank he has held in
that force as an airman;
(b) otherwise, of the rank or rate of able rate, marine or soldier (as the case may be).
(2) The sentences to which this section applies are–
(a) a custodial sentence passed in respect of a service offence;
(b) a sentence of service detention;
(c) a sentence of imprisonment, or a sentence corresponding to any other custodial sentence,
passed by a civilian court in the British Islands.
(3) The orders to which this section applies are–
(a) an order under section 214 (detention for commission of offence during currency of
order);
(b) an order under section 104 of the Sentencing Act (detention of offender subject to
detention and training order for breach of supervision requirements);
(c) an order made by a civilian court in the British Islands corresponding to an order within
paragraph (a) or (b).
Amendments Pending
Commencement
Extent
Effect of dismissal
Law In Force
295 Effect of sentence of dismissal

(1) This section applies where a sentence of dismissal or dismissal with disgrace is passed on an
offender.
(2) If the offender is a commissioned officer, his commission is forfeit with effect from the beginning
of the day on which the sentence is passed.
(3) If the offender is not a commissioned officer, the competent authority must discharge him from
the regular or reserve force of which he is a member.
(4) If the offender is a warrant officer or non-commissioned officer, his rank or rate is reduced from
the beginning of the day on which the sentence is passed–
(a) if he is a member of any of Her Majesty's air forces, to the highest rank he has held in
that force as an airman;
(b) otherwise, to able rate, marine or soldier (as the case may be).
(5) Nothing in subsection (3) requires the offender to be discharged before he is released from any
sentence of service detention–
(a) which is passed on him on the same occasion as the sentence mentioned in subsection
(1); or
(b) to which he is subject when that sentence is passed.
Amendments Pending
Commencement
Extent
Service of sentence
Law In Force
296 Service detention

(1) A person sentenced to service detention–
(a) may be detained in service custody; but
(b) may not be detained in a prison.
(2) Subsection (1)(a) does not apply if–
(a) the sentence has not taken effect; or
(b) the sentence has ceased to have effect by virtue of section 290 or 291 and has not
resumed effect.
(3) A person detained in service custody in pursuance of a sentence of service detention is deemed
to be in legal custody.
Amendments Pending
Commencement
Extent
Law In Force
297 Detention in service custody following passing of custodial sentence etc

(1) Where–
(a) a custodial sentence has been passed on a person in respect of a service offence, or
(b) an order under section 214 (detention for commission of offence during currency of
order) has been made in respect of a person,
the person may be detained in service custody until he is committed to the appropriate establishment.
(2) For the purposes of subsection (1), a suspended sentence of imprisonment is to be treated as
passed when an order that the sentence shall take effect is made.
(3) A person in service custody under subsection (1) is deemed to be in legal custody.
Amendments Pending
Commencement
Extent
Law In Force
298 Removal to England and Wales following passing of custodial sentence etc
(1) If a person is outside England and Wales when–
(a) a custodial sentence is passed on him in respect of a service offence, or

(b) an order under section 214 (detention for commission of offence during currency of
order) is made in respect of him,
he must as soon as practicable be removed to England and Wales.
(2) For the purposes of subsection (1), a suspended sentence of imprisonment is to be treated as
passed when an order that the sentence shall take effect is made.
Amendments Pending
Commencement
Extent
Law In Force
299 Duty to receive prisoners

The governor of a prison in England or Wales must–
(a) receive any person who, in accordance with rules under section 300, has been sent to
the prison; and
(b) confine that person until he is lawfully discharged or delivered over.
Amendments Pending
Commencement
Pt 12 s. 299(a)-(b): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Pt 12 s. 299(a)-(b): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend
Law In Force
300 Service custody etc rules

(1) The Secretary of State may make rules about service custody and the service of relevant
sentences.
(2) The rules may in particular contain provision about–
(a) the provision, classification, regulation and management of service custody premises;
(b) the appointment, powers and duties of inspectors and visitors of service custody premises
and of persons who work at such premises;
(c) the classification, treatment, employment, discipline and control of persons in service
custody;
(d) the places in which persons may be required to serve sentences of service detention;
(e) the removal of persons serving relevant sentences from one place or type of custody to
another;
(f) the committal of persons under relevant sentences to the appropriate establishment;
(g) the circumstances in which persons serving relevant sentences who are unlawfully at
large are to be treated as not being unlawfully at large;
(h) the release (including the temporary or early release) of persons serving sentences of
service detention.
(3) The rules may confer on any person–
(a) a power to use reasonable force where necessary for the purpose of carrying out a search
of service custody premises or of a person in service custody;
(b) a power to seize and detain unauthorised property (as defined by the rules).
(4) The rules may contain provision in respect of the award of additional days to a person guilty
of a disciplinary offence created by the rules.
(5) The rules may provide for the determination of any matter by a judge advocate, and may contain
provision for and in connection with appeals against such determinations.
(6) The rules may apply (with or without modifications), in relation to service custody premises
and persons detained there, any of–
(a) sections 39 to 42 of the Prison Act 1952 (c. 52) (offences by persons other than prisoners
etc);
(b) section 22(2) of the Criminal Justice Act 1961 (c. 39) (harbouring escaped prisoners
etc).
“relevant sentence” means–
(a) a custodial sentence passed in respect of a service offence;
(b) a sentence of service detention; or
(c) an order under section 214 (detention for commission of offence during currency
of order);
“service custody premises” means premises under the control of the Secretary of State for
the keeping of persons in service custody.
Amendments Pending
Commencement
Pt 12 s. 300(1)-(7) definition of "service custody premises": March 28, 2009 for the purpose of enabling the Secretary
of State to make orders, regulations and rules; October 31, 2009 otherwise (SI 2009/812 art. 3(a)(ii); SI 2009/1167
art. 4)
Extent
Pt 12 s. 300(1)-(7) definition of "service custody premises": United Kingdom (extends to the Isle of Man and the British
this Act)
Law In Force
301 Duration of sentences: persons unlawfully at large or on temporary release

(1) In calculating the period for which a person sentenced to service detention is liable to be detained,
no account shall be taken of any period within subsection (3).
(2) In calculating the period for which a person on whom a custodial sentence has been passed in
respect of a service offence is liable to be detained, no account shall be taken of any period within
subsection (3) occurring before the person is committed to the appropriate establishment.
(3) The following periods are within this subsection–
(a) any period when the person is unlawfully at large;
(b) any period of temporary release on compassionate grounds (pursuant to rules under
section 300).
(4) A person who has been temporarily released pursuant to rules under section 300 is unlawfully
at large for the purposes of this section if–
(a) he was released subject to complying with a condition, and he fails to comply with the
condition; or
(b) he is at large after the end of the period for which he was released.
[ “period when the person is unlawfully at large” means (subject to any rules made by virtue
of section 300(2)(g))—
(a) the period beginning with the day when the person becomes unlawfully at large
and ending with the day when the person is taken back into custody (service or
otherwise) or returns to the place where the sentence was being served; or
(b) in relation to a person who is absent when sentenced, the period beginning with
the day when the sentence is passed and ending with the day when the person is
taken into custody (service or otherwise);
]1
“period of temporary release on compassionate grounds” means the period beginning with
the day after the day when the person is released and ending with the day when he is required
to return to custody (or, if earlier, the day when he returns to custody).
Notes
1
Definition substituted by Armed Forces Act 2011 c. 18 Sch.3 para.21 (April 2, 2012)
Amendments Pending
Commencement
Pt 12 s. 301(1)-(5) definition of "period of temporary release on compas": October 31, 2009 (SI 2009/1167 art. 4)
Extent
Pt 12 s. 301(1)-(5), (5) definition of "period when the person is unlawfully"-(5) definition of "period of temporary
release on compas": United Kingdom (extends to the Isle of Man and the British overseas territories and may extend
Pt 12 s. 301(5) definition of "period when the person is unlawfully at large"-(5) definition of "period when the person
is unlawfully at large" (b): United Kingdom
Law In Force
302 Remission of certain sentences on passing of custodial sentence etc

(1) Any unserved part of any relevant sentence passed on a person is remitted by–
(a) the passing on him of a custodial sentence in respect of a service offence; or
(b) the passing on him by a civilian court in the British Islands of a sentence of imprisonment
or a sentence corresponding to any other custodial sentence.
(2) In subsection (1) “relevant sentence” means–
(a) a sentence of service detention;
(b) a service supervision and punishment order; or
(c) a minor punishment.
(3) Subsection (1) applies in relation to–
(a) the making of an order under section 214 (detention for commission of offence during
currency of order),
(b) the making of an order under section 104 of the Sentencing Act (detention of offender
subject to detention and training order for breach of supervision requirements), or
(c) the making by a civilian court in the British Islands of an order corresponding to an
order within paragraph (a) or (b),
as it applies in relation to the passing of a sentence mentioned in subsection (1)(a).
(4) For the purposes of subsection (1), a suspended sentence of imprisonment or a sentence
corresponding to such a sentence is to be treated as passed when an order that the sentence shall
take effect is made.
Amendments Pending
Commencement
Extent
Law In Force
303 Power of service policeman to arrest person unlawfully at large

(1) A person who has been sentenced to service detention and who is unlawfully at large–
(a) may be arrested by a service policeman; and
(b) may be taken to the place in which he is required in accordance with law to be detained.
(3) A person may use reasonable force, if necessary, in the exercise of a power conferred by
subsection (1).
Amendments Pending
Commencement
Extent
Supplementary
Law In Force
304 Sentences passed by civilian courts

(1) In this Part any reference to a custodial sentence passed in respect of a service offence excludes
a sentence of imprisonment passed by a civilian court in respect of such an offence.
(2) In each of sections 297(2) and 298(2) the reference to an order excludes an order made by a
civilian court.
Amendments Pending
Commencement
Extent
PART 13
DISCIPLINE: MISCELLANEOUS AND SUPPLEMENTARY
CHAPTER 1
[ RANDOM DRUG TESTING ] 1
Notes
1
Heading substituted by Armed Forces Act 2011 c. 18 Sch.4 para.10 (November 1, 2013)
Law In Force
305 [ Random drug testing ] 1

(1) A drug testing officer may, in order for it to be ascertained whether or to what extent a person
subject to service law has or has had drugs in his body, require the person to provide a sample of
his urine for analysis.
(2) A drug testing officer may not impose a requirement under subsection (1) if–
(a) he or his commanding officer is the person's commanding officer; or
(b) the sample is sought in connection with an investigation under this Act of an offence
[…]2 .
(3) A person commits an offence if he fails to comply with a requirement imposed under subsection
(1).
“drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971
(c. 38); and
“drug testing officer” means an officer, warrant officer or noncommissioned officer who
is authorised by or in accordance with regulations made by the Defence Council for the
purpose of obtaining samples for analysis for drugs.
Table in section 164 , but any sentence of imprisonment […]3 imposed in respect of the offence
must not exceed [ 6 months ] 4 .
Notes
1
Heading substituted by Armed Forces Act 2011 c. 18 Sch.4 para.11(a) (November 1, 2013)
2
Words repealed by Armed Forces Act 2011 c. 18 Sch.5 para.1 (April 2, 2012 as SI 2012/669)
3
Words repealed by Armed Forces Act 2011 c. 18 s.15(1) (April 2, 2012: repeal has effect as SI 2012/669 subject
to transitional provisions specified in SI 2012/669 art.8)
4
Words substituted by Armed Forces Act 2006 (Transitional Provisions etc) Order 2009/1059 Sch.2 para.4 (October
c.52 s.305(5) on October 31, 2009)
Amendments Pending
Pt 13 c. 1 s. 305(5): words substituted by Armed Forces Act 2006 (Transitional Provisions etc) Order 2009/1059 Sch.
2 para. 4 (Not yet in force: substitution shall come into force upon the coming into force of the Criminal Justice Act
2003, s.281(5))
Commencement
Extent
R Repealed
306 […]1
Notes
1
Repealed by Armed Forces Act 2011 c. 18 Sch.5 para.1 (November 1, 2013 as SI 2013/2501)
R Repealed
307 […]1
Notes
1
Law In Force
308 [ Section 305 ] 1 : supplementary

(1) The Defence Council may by regulations make provision about the obtaining of samples under
[ section 305(1) ] 2 and the analysis of such samples, including in particular provision–
(a) as to the number of samples which a person may be required to provide;
(b) […]3
(c) enabling the person imposing a requirement under [ section 305(1) ] 4 to specify the
way in which the sample is to be provided;
(d) prescribing circumstances in which a requirement under [ section 305(1) ] 4 may not
be imposed;
(e) as to the equipment to be used, and the procedures to be followed, in obtaining or
analysing samples;
(f) as to the qualifications and training of any persons engaged in obtaining or analysing
samples.
(2) […]3
(3) The results of any analysis of a sample provided pursuant to a requirement imposed under
[ section 305(1) ] 4 are not admissible in evidence against any person in proceedings in respect of
a service offence.
(4) Nothing in this Chapter limits the powers conferred by–
[ (za) Chapter 3A of Part 3, ] 5
(a) any provision of the Road Traffic Act 1988 (c. 52), or
(b) any provision of an order under section 113(1) of PACE which makes provision
equivalent to any provision of Part 5 of PACE (questioning and treatment of persons by
police),
or affects the admissibility in any proceedings of evidence obtained under those powers.
Notes
1
Words substituted by Armed Forces Act 2011 c. 18 Sch.4 para.12(2) (November 1, 2013)
2
Words substituted by Armed Forces Act 2011 c. 18 Sch.4 para.12(3)(a) (November 1, 2013)
3
4
Words repealed by Armed Forces Act 2011 c. 18 Sch.5 para.1 (November 1, 2013 as SI 2013/2501)
5
Amendments Pending
Commencement
Pt 13 c. 1 s. 308(1)-(4)(b): March 28, 2009 for the purpose of enabling the Defence Council to make regulations;
October 31, 2009 otherwise (SI 2009/812 art. 3(a)(i); SI 2009/1167 art. 4)
Extent
Pt 13 c. 1 s. 308(1)-(4), (4)(a)-(4)(b): United Kingdom (extends to the Isle of Man and the British overseas territories
Pt 13 c. 1 s. 308(4)(za): United Kingdom
CHAPTER 2
CONTEMPT OF COURT
Law In Force
309 Offences of misbehaviour in court etc

(1) A qualifying service court has jurisdiction under this section to deal with any person (“the
offender”) who at a time when he is within subsection (6)–
(a) refuses to take an oath or make an affirmation when duly required by the court to do
so;
(b) when a witness, refuses to answer any question which the court has lawfully required
him to answer;
(c) when attending or brought before the court refuses to produce any document or other
thing which is in his custody or under his control and which the court has lawfully required
him to produce;
(d) intentionally interrupts the proceedings of the court or otherwise misbehaves in court;
or
(e) intentionally insults or intimidates–
(i) any member of the court while that member is acting as such a member or is
going to or returning from the court; or
(ii) any witness or other person whose duty it is to attend the court, while that
witness or other person is attending the court or going to or returning from the court.
(2) If the offender is a person subject to service law or a civilian subject to service discipline, the
court may–
(a) commit the offender to service custody for a specified period not exceeding 28 days;
(b) impose on him a fine not exceeding level 4 on the standard scale; or
(c) do both.
(3) If the offender is not a person subject to service law or a civilian subject to service discipline,
the court may impose on him a fine not exceeding level 4 on the standard scale.
(4) A qualifying service court may at any time revoke an order of committal made by it under this
section and, if the offender is in custody, order his discharge.
(5) The following are qualifying service courts for the purposes of this section–
(b) the Summary Appeal Court;
(c) the Service Civilian Court.
(6) A person is within this subsection at any time when–
(a) he is in the United Kingdom; or
(b) he is outside the United Kingdom but is subject to service law or is a civilian subject
to service discipline.
Amendments Pending
Commencement
Extent
Law In Force
310 Power to detain before dealing with section 309 offence

(1) Where a court with power to deal with a person under section 309 does not immediately exercise
that power, it may order a service policeman, an officer of a UK police force or a member of court
staff to take the offender into service custody and detain him in service custody until the rising of
the court.
(2) If at the end of that detention–
(a) the court considers that a decision whether to exercise that power should not be taken
without a further hearing, and
(b) any of the conditions in subsection (4) is satisfied,
the court may give orders for the further detention of the offender in service custody.
(3) An authorisation of detention under subsection (2) ends not more than 48 hours after the time
when the offender was first detained under subsection (1).
(4) The conditions referred to in subsection (2)(b) are–
(a) that the court is satisfied that there are substantial grounds for believing that the offender,
if released from service custody, would–
(i) fail to attend any hearing in the proceedings against him;

(ii) commit an offence while released; or
(iii) interfere with witnesses or otherwise obstruct the course of justice, whether in
relation to himself or any other person;
(b) that the court is satisfied that he should be kept in service custody for his own protection
or, if he is aged under 17, for his own welfare or in his own interests;
(c) that the court is satisfied that it has not been practicable to obtain sufficient information
for the purpose of deciding whether the condition in paragraph (a) or (b) is met.
(5) A person may use reasonable force, if necessary, in the exercise of any power arising from an
order of a court under this section.
Amendments Pending
Commencement
Extent
Law In Force
311 Certification to civil courts

(1) This section applies if, in relation to proceedings before a qualifying service court, a person
within section 309(6) does any act (“the offence”) that would constitute contempt of court if the
proceedings were before a court having power to commit for contempt.
(2) The qualifying service court, unless it has exercised any power conferred by section 309 in
relation to the offence, may certify the offence–
(a) if it took place in a part of the United Kingdom, to any court of law in that part of the
United Kingdom which has power to commit for contempt;
(b) if it took place outside the United Kingdom, to the High Court in England and Wales.
(3) The court to which the offence is certified may inquire into the matter, and after hearing–
(a) any witness who may be produced against or on behalf of the person, and
(b) any statement that may be offered in defence,
may deal with him in any way in which it could deal with him if the offence had taken place in
relation to proceedings before that court.
(4) Where under this section a qualifying service court certifies an offence, it may not exercise any
power conferred by section 309 in relation to the offence.
“qualifying service court”has the same meaning as in section 309;

“act”includes an omission and references to the doing of an act are to be read accordingly.
Amendments Pending
Commencement
Pt 13 c. 2 s. 311(1)-(5) definition of "act": October 31, 2009 (SI 2009/1167 art. 4)
Extent
Pt 13 c. 2 s. 311(1)-(5) definition of "act": United Kingdom (extends to the Isle of Man and the British overseas
Law In Force
312 Decisions of court under section 309: making and effect

(1) Nothing in–
(a) section 149 (findings etc of the SAC), or
(b) section 160 (findings etc of the Court Martial),
applies in relation to a decision of the Summary Appeal Court or the Court Martial under any of
sections 309 to 311.
(2) Any such decision is to be taken by the judge advocate.
(3) Where the Court Martial or the Service Civilian Court commits a person to service custody
under section 309, it may direct that the committal shall take effect from the end of any sentence
of service detention–
(a) that has been passed on the person on a previous occasion; or
(b) (in the case of the Court Martial) that the court passes on the person on the same
occasion.
(4) Where the Summary Appeal Court commits a person to service custody under section 309 it
may direct that the committal shall take effect from the end of any sentence of service detention
that has been passed on the person on a previous occasion.
(5) A court imposing a fine under section 309 may make an order under section 251 (power to
allow payment by instalments), and in relation to such a fine section 251(2) to (7) have effect as if
any reference to a service compensation order were omitted.
(6) In the provisions mentioned in subsection (7)–
(a) any reference to a sentence of service detention includes a reference to a committal to
service custody under section 309; and
(b) references to persons sentenced to service detention are to be read accordingly.
(7) Those provisions are–
section 294 (rank or rate while in custody pursuant to sentence);
section 296 (prohibition of detention in a prison, etc);

section 300 (service custody etc rules);
section 301 (duration of sentences: persons unlawfully at large);
section 302 (remission on passing of custodial sentence);
section 303 (arrest by service police of persons unlawfully at large);
section 318 (arrest by civilian police of persons unlawfully at large).
Amendments Pending
Commencement
Extent
CHAPTER 3
ARREST AND DETENTION BY CIVIL AUTHORITIES
Arrest for service offences
Law In Force
313 Arrest by civilian police under warrant of judge advocate

(1) Where a judge advocate is satisfied by evidence given under oath or affirmation that there are
reasonable grounds for doing so, he may issue a warrant for the arrest of a person who is reasonably
suspected of having committed a service offence.
(2) A warrant issued under this section–
(a) shall be addressed to an officer or officers of a UK police force or British overseas
territory police force; and
(b) shall specify the name of the person for whose arrest it is issued and the offence which
he is alleged to have committed.
(3) The Secretary of State may make rules with respect to the practice and procedure which is to
apply in connection with warrants issued under this section.
(4) A person arrested under a warrant issued under this section must as soon as practicable be
transferred to service custody.
Amendments Pending
Commencement
Pt 13 c. 3 s. 313(1)-(2)(b), (4): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Arrest etc for desertion or absence without leave
Law In Force
314 Arrest by civilian police of deserters and absentees without leave

(1) An officer of a UK police force or British overseas territory police force may arrest without a
warrant a person (“a relevant suspect”) who is reasonably suspected of being a person subject to
service law who has deserted or is absent without leave.
(2) If an authorised person is satisfied by evidence given under oath or affirmation that a relevant
suspect is or is reasonably suspected of being within his jurisdiction, he may issue a warrant for
the arrest of the relevant suspect.
(3) In subsection (2) “authorised person” means a person who has authority in a relevant territory
to issue a warrant for the arrest of a person suspected of an offence.
(4) A person arrested under this section must as soon as practicable be brought before a court of
summary jurisdiction in the relevant territory in which he was arrested.
(a) England and Wales;
(b) Scotland;
(c) Northern Ireland;
(d) the Isle of Man; or
(e) a British overseas territory.
Amendments Pending

Pt 13 c. 3 s. 314(1): words substituted by Armed Forces Bill 2015 (HC Bill 70) Sch. 1 para. 7(2) (date to be appointed)
Pt 13 c. 3 s. 314(4A): added by Armed Forces Bill 2015 (HC Bill 70) Sch. 1 para. 7(3) (date to be appointed)
Pt 13 c. 3 s. 314(5)(e): words inserted by Armed Forces Bill 2015 (HC Bill 70) Sch. 1 para. 7(4) (date to be appointed)
Commencement
Pt 13 c. 3 s. 314(1)-(5)(e): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Pt 13 c. 3 s. 314(1)-(5)(e): United Kingdom (extends to the Isle of Man and the British overseas territories and may
Law In Force
315 Deserters and absentees without leave surrendering to civilian police

(1) Where–
(a) a person surrenders to a civilian policeman as being a person subject to service law who
has deserted or is absent without leave, and
(b) the surrender occurs at a place in a relevant territory which is not a police station,
he must be taken to a police station.
(2) Subsection (3) applies where a person–
(a) is brought to a police station under subsection (1), or
(b) surrenders to a civilian policeman, at a police station in a relevant territory, as being a
person subject to service law who has deserted or is absent without leave.
(3) The person in charge of the police station, or a person authorised by him, must consider the
case.
(4) If it appears to the person considering the case that the person who has surrendered is a person
subject to service law who has deserted or is absent without leave, he may–
(a) arrange for him to be transferred to service custody;
(b) arrange for him to be brought, as soon as practicable, before a court of summary
jurisdiction in the relevant territory in which the police station is situated; or
(c) release him subject to a condition that he reports, at or by such time as may be specified
in the condition, to such place or person as may be so specified for the purpose of enabling
him to be taken into service custody.
(5) In this section “civilian policeman” means an officer of a UK police force or British overseas
territory police force.
(6) In this section “relevant territory”has the same meaning as in section 314.
Amendments Pending

Pt 13 c. 3 s. 315(5): repealed by Armed Forces Bill 2015 (HC Bill 70) Sch. 1 para. 8(2) (date to be appointed)
Pt 13 c. 3 s. 315(6): words substituted by Armed Forces Bill 2015 (HC Bill 70) Sch. 1 para. 8(3) (date to be appointed)
Commencement
Extent
Law In Force
316 Proceedings before civilian court where person suspected of illegal absence
(1) This section applies where a person is brought before a court of summary jurisdiction in a
relevant territory under section 314(4) or 315(4)(b).
(2) Subsection (3) applies if–
(a) the person admits to the court that he is a person subject to service law who has deserted
or is absent without leave; or
(b) the court has in its possession evidence of a description prescribed by regulations made
by the Secretary of State.
(3) Where this subsection applies–
(a) if the person is not in custody for some other cause, the court must either–
(i) arrange for him to be transferred to service custody; or
(ii) release him subject to a condition that he reports, at or by such time as may be
specified in the condition, to such place or person as may be so specified for the
purpose of enabling him to be taken into service custody;
(b) if the person is in custody for some other cause, the court may arrange for him to be
(4) Where subsection (3) does not apply–
(a) if the person is not in custody for some other cause, the court must release him;
(b) if the person is in custody for some other cause, the court may release him.
(5) If there is likely to be a delay before a person can be transferred to service custody under
subsection (3)(a)(i) or (b), the court may commit him to be held in custody pending his transfer–
(a) in a prison,
(b) in a police station, or
(c) in any other place provided for the confinement of persons in custody,
which is situated in the relevant territory in which the court is situated.
(6) The release of a person under subsection (4) does not prevent him from being subsequently
arrested under section 67, or under a warrant issued under section 313, as a person who is reasonably
suspected of having committed an offence under section 8 or 9.
Amendments Pending
Commencement
Pt 13 c. 3 s. 316(1), (4)-(7): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Law In Force
317 Warrant for the arrest of persons released under section 315(4)(c) or 316(3)(a)(ii)
(1) Where a person who is released under section 315(4)(c) or 316(3)(a)(ii) fails to comply with
the condition subject to which he was released, a warrant for his arrest may be issued–
(a) where he was released under section 315(4)(c), by a judge advocate;
(b) where he was released under section 316(3)(a)(ii), by a judge advocate or by a person
who is authorised to issue the warrant by the court that imposed the condition.
(2) A warrant issued under this section–
(a) shall be addressed to an officer or officers of a UK police force or British overseas
(b) shall specify the name of the person for whose arrest it is issued.
(3) The Secretary of State may make rules with respect to the practice and procedure which is to
apply in connection with warrants issued under this section by judge advocates.
(4) A person arrested under a warrant issued under this section must as soon as practicable be
Amendments Pending
Commencement
Extent
Arrest of persons unlawfully at large
Law In Force
318 Arrest by civilian police of persons unlawfully at large

(1) A person who has been sentenced to service detention and who is unlawfully at large–
(a) may be arrested without a warrant by an officer of a UK police force or British overseas
(b) may be taken to the place in which he is required in accordance with law to be detained.
Amendments Pending

Pt 13 c. 3 s. 318(1)(a): words substituted by Armed Forces Bill 2015 (HC Bill 70) Sch. 1 para. 9(2) (date to be appointed)
Pt 13 c. 3 s. 318(3): added by Armed Forces Bill 2015 (HC Bill 70) Sch. 1 para. 9(3) (date to be appointed)
Commencement
Extent
Supplementary
Law In Force
319 Certificates in connection with transfer to service custody etc

(1) The Secretary of State may by regulations make provision requiring a certificate to be supplied
when a person–
(a) is transferred to service custody under this Chapter; or
(b) is released under section 315(4)(c) or 316(3)(a)(ii).
(2) Regulations under this section may in particular make provision with respect to–
(a) the information to be included in a certificate;
(b) the person who is to sign a certificate;
(c) the person to whom a certificate is to be supplied;
(d) the payment of a fee for the supply of a certificate.
Amendments Pending
Commencement
Pt 13 c. 3 s. 319(1)-(2)(d): March 28, 2009 for the purpose of enabling the Secretary of State to make orders, regulations
Extent
Law In Force
320 Power to use reasonable force

Where a power of arrest is conferred on any person by virtue of this Chapter, he may use reasonable
force, if necessary, in the exercise of the power.
Amendments Pending
Commencement
Extent
Pt 13 c. 3 s. 320: United Kingdom (extends to the Isle of Man and the British overseas territories and may extend to
CHAPTER 4
POWERS OF THE CRIMINAL CASES REVIEW COMMISSION
Law In Force
321 Powers of the Criminal Cases Review Commission

Schedule 11 (powers of the Criminal Cases Review Commission) has effect.
Amendments Pending
Commencement
Extent
[ CHAPTER 4A
INSPECTION OF SERVICE POLICE INVESTIGATIONS ] 1
Notes
1
Added by Armed Forces Act 2011 c. 18 s.4 (June 4, 2014)
Law In Force
[ 321A Inspection of service police investigations

(1) Her Majesty's Inspectors of Constabulary (“the inspectors”) are to inspect, and report to the
Secretary of State on, the independence and effectiveness of investigations carried out by each
service police force.
(2) In this section “investigations” means investigations of matters where service offences have or
may have been committed, and includes investigations outside the United Kingdom.
(3) For the purposes of subsection (1) the inspectors may—
(a) undertake such number of inspections as they think appropriate;
(b) undertake inspections when they think it appropriate; and
(c) decide which aspects of, or matters related to, investigations by a service police force
are to be the subject of a particular inspection;
but this is subject to subsection (4).
(4) The Secretary of State may at any time require the inspectors to inspect, and report to the
Secretary of State on, any or all of the following—
(a) the independence of investigations carried out by a particular service police force;
(b) the effectiveness of such investigations;
(c) a particular aspect of, or matter related to, such investigations.
1
]
Notes
1
Amendments Pending
Pt 13 c. 4A s. 321A: repealed by Armed Forces Act 2006 c. 52 Pt 19 c. 4 s. 382 (November 2, 2016: repeal originally
Extent
Pt 13 c. 4A s. 321A(1)-(4)(c): United Kingdom
Law In Force
[ 321B Inspectors' reports to be laid before Parliament

(1) The Secretary of State must lay before Parliament each report made under section 321A.
(2) The Secretary of State may exclude from a report laid before Parliament under this section any
material whose publication, in the Secretary of State's opinion—
(a) would be against the interests of national security; or
(b) might jeopardise the safety of any person.
1
]
Notes
1
Amendments Pending
Pt 13 c. 4A s. 321B: repealed by Armed Forces Act 2006 c. 52 Pt 19 c. 4 s. 382 (November 2, 2016: repeal originally
Extent
Pt 13 c. 4A s. 321B(1)-(2)(b): United Kingdom
CHAPTER 5
SUPPLEMENTARY
Financial penalty enforcement orders
Law In Force
322 Financial penalty enforcement orders

(1) The Secretary of State may by regulations make provision for the purpose of enabling the
Defence Council, or persons authorised by them, to make orders for the enforcement of financial
penalties by prescribed courts in England and Wales, Scotland, Northern Ireland or the Isle of Man.
(a) with respect to the cases in which such orders may be made;
(b) with respect to the form and content of such orders, including the matters to be certified
in such orders;
(c) with respect to the effect of such orders;
(d) conferring functions in relation to such orders on the Defence Council;
(e) for the delegation by the Defence Council of any of their functions in relation to such
orders.
(3) Provision that may be made by the regulations by virtue of subsection (2)(c) includes provision–
(a) that a sum certified in such an order as outstanding is to be treated as if it had been a
fine imposed on a conviction by a court specified in the order;
[ (aa) about the effect, where a sum is certified in such an order, of an order made by the
Court Martial under—
(i) section 269A (fines: fixing of term of imprisonment for default); or
(ii) section 269B (service compensation order: maximum term of imprisonment for
default);
]1
(b) for prescribed enforcement procedures to cease to be available, or to become available,

on the occurrence of prescribed events.
“financial penalty” means–
(a) a fine or service compensation order imposed by virtue of this Act (including
[ a fine imposed by the Court Martial or the Service Civilian Court under paragraph
10(1)(aa) of Schedule 8 to the 2003 Act by virtue of section 184 and Part 2 of
Schedule 5 (breach etc of overseas community order) or ] 2 a fine or service
compensation order with respect to which an order under section 268 (order for
service parent or guardian to pay fine or compensation) has been made);
(b) a sum adjudged to be paid under section 236(3) (forfeiture of recognizance);
(c) an order as to the payment of costs made by virtue of regulations under section
26, or made under section 27, of the Armed Forces Act 2001 (c. 19);
“prescribed” means prescribed, or of a description prescribed, by regulations under this
section.
Notes
1
Added by Armed Forces Act 2011 c. 18 s.16(2) (March 8, 2012)
2
3, 2012)
Amendments Pending
Commencement
Pt 13 c. 5 s. 322(1)-(4) definition of "prescribed": March 28, 2009 for the purpose of enabling the Secretary of State
to make orders, regulations and rules; October 31, 2009 otherwise (SI 2009/812 art. 3(a)(ii); SI 2009/1167 art. 4)
Extent
Pt 13 c. 5 s. 322(1)-(3)(a), (3)(b)-(4) definition of "prescribed": United Kingdom (extends to the Isle of Man and the
British overseas territories and may extend to the any of the Channel Islands as specified by Orders in Council made
under this Act)
Pt 13 c. 5 s. 322(3)(aa)-(3)(aa)(ii): United Kingdom
Power to make provision in consequence of criminal justice enactments
Law In Force
323 Power to make provision in consequence of criminal justice enactments

(1) The Secretary of State may make an order under this section if he considers it appropriate to
do so in consequence of a criminal justice enactment (see section 324).
(2) An order under this section may make provision in relation to–
(a) service policemen,
(b) service courts (see section 324),
(c) persons subject to service law,
(d) civilians subject to service discipline, or
(e) service law proceedings (see section 324),
which is equivalent to that made by a relevant provision, subject to such modifications as the
Secretary of State considers appropriate.
(3) In this section “relevant provision” means–
(a) the criminal justice enactment;
(b) any enactment relating to a criminal justice matter (see section 324) which is amended
by the criminal justice enactment; or
(c) any subordinate legislation made under–
(i) the criminal justice enactment; or
(ii) any Act which is amended by the criminal justice enactment.
(4) An order under this section may make provision in such way as the Secretary of State considers
appropriate and may, in particular–
(a) be made in relation to all or any cases to which the order-making power extends;
(b) apply the relevant provision (with or without modifications);
(c) amend, repeal or revoke any enactment or subordinate legislation (including the relevant
provision and any provision of or made under this Act).
Amendments Pending
Commencement
Extent
Law In Force
324 Section 323: definitions

(1) In section 323 a “criminal justice enactment” means an enactment which–
(a) is contained in an Act passed after 1st January 2001; and
(b) amends the law of England and Wales relating to any criminal justice matter.
(2) In section 323 and subsection (1) “criminal justice matter” means–
(a) the powers of the police in connection with the investigation of offences or the detection
of offenders;
(b) powers of arrest and detention in connection with crime or criminal proceedings;
(c) the functions of any authority in relation to criminal prosecutions;
(d) remand in custody or on bail;
(e) the rights and duties of a defendant in relation to proceedings in civilian courts;
(f) evidence or procedure in civilian courts;
(g) the powers of civilian courts, including powers in relation to sentence;
(h) such other matters relating to criminal justice as the Secretary of State may by order
prescribe for the purposes of this paragraph.
(3) For the purposes of section 323, section 5 of the Criminal Justice (International Co-operation)
Act 1990 (c. 5) (transfer of UK prisoner to give evidence etc overseas) is to be taken to be a criminal
justice enactment.
(4) In section 323“service court” means–
(c) the Service Civilian Court;
(d) the Court Martial Appeal Court; or
(e) the Supreme Court on an appeal brought from the Court Martial Appeal Court.
(5) In section 323“service law proceedings” means proceedings under this Act or the Court Martial
Appeals Act 1968 (c. 20) (and does not include proceedings relating to offences under sections 344
to 346 or under regulations made by virtue of section 328(4)(b) or 343(5)(b)).
Amendments Pending
Commencement
Pt 13 c. 5 s. 324(1)-(1)(b), (3)-(5): October 31, 2009 (SI 2009/1167 art. 4)
Pt 13 c. 5 s. 324(2)-(2)(h): March 28, 2009 for the purpose of enabling the Secretary of State to make orders, regulations
Extent
Other supplementary provisions

Law In Force
325 Evidential burden as respects excuses

(1) This section applies to an offence under any of [ sections 1 to 41, 93A, 93E, 93G107, 229, 232G
and 266 ] 1 which is such that a person who would otherwise commit the offence–
(a) does not do so if he has a lawful excuse; or
(b) does not do so if he has a reasonable excuse.
(2) In proceedings for an offence to which this section applies, the defendant is to be treated as not
having had a lawful excuse or reasonable excuse (as the case may be) unless sufficient evidence
is adduced to raise an issue as to whether he had such an excuse.
Notes
1
Words substituted by Armed Forces Act 2011 c. 18 Sch.4 para.13(b) (November 1, 2013)
Amendments Pending
Commencement
Extent
Law In Force
326 Exclusion of enactments requiring consent of Attorney General or DPP

Subject to section 61(2), no enactment requiring the consent of the Attorney General or the Director
of Public Prosecutions in connection with any proceedings has effect in relation to proceedings
under this Act for a service offence.
Amendments Pending
Commencement
Extent
Law In Force
327 Local probation boards

For section 5A of the Criminal Justice and Court Services Act 2000 (c. 43) (inserted by Schedule
16 to this Act) substitute–
“5A Local probation boards and service justice

(1) A local probation board may, in pursuance of arrangements made with the Secretary of
State, carry out activities anywhere in the world in relation to persons who are or have been
subject to proceedings before the Court Martial, the Summary Appeal Court or the Service
Civilian Court.
(2) Any activities carried out in relation to such persons must correspond to activities which
the board is required or authorised to carry out in relation to persons who have been charged
with or convicted of criminal offences.”
Amendments Pending
Commencement
Extent
PART 14
ENLISTMENT, TERMS OF SERVICE ETC
Enlistment, terms of service etc

Law In Force
328 Enlistment
(1) The Defence Council may by regulations make provision with respect to the enlistment of
persons in the regular forces (including enlistment outside the United Kingdom).
(2) The regulations may in particular make provision–
(a) requiring the enlistment of persons in the regular forces to be undertaken by recruiting
officers;
(b) as to the persons, whether or not members of the regular forces, who may be appointed
as recruiting officers;
(c) prohibiting the enlistment of persons under the age of 18 without the consent of
prescribed persons;
(d) deeming a person, in prescribed circumstances, to have attained (or not to have attained)
that age;
(e) as to the procedure for enlistment (including requiring a recruiting officer to attest the
enlistment);
(f) creating offences relating to knowingly giving false answers during the enlistment
procedure;
(g) as to the approval for service of persons who have enlisted.
(3) The regulations may also in particular make provision in connection with the validity of a
person's enlistment, including provision–
(a) as to when, how and on what basis the validity of a person's enlistment may be
challenged;
(b) deeming a person, in prescribed circumstances, to have been validly enlisted;
(c) conferring on a person a right to discharge in prescribed circumstances;
(d) as to the status of a person until he is discharged.
(4) Where the regulations create an offence they may provide–
(a) that the offence is a service offence and is punishable by any punishment mentioned in
rows 2 to 12 of the Table in section 164; or
(b) that the offence is an offence triable summarily by a civilian court in the United Kingdom
and is punishable by a fine not exceeding level 1 on the standard scale.
(5) In this section and sections 329 to 331“prescribed” means prescribed by regulations made by
the Defence Council.
Amendments Pending
Commencement
Pt 14 s. 328(1)-(5): March 28, 2009 for the purpose of enabling the Defence Council to make regulations; October
Extent
Law In Force
329 Terms and conditions of enlistment and service

(1) The Defence Council may by regulations make provision with respect to the terms and conditions
of enlistment and service of persons enlisting, or who have enlisted, in the regular forces.
(2) The regulations may in particular make provision for the purposes of–
(a) specifying the duration of the term for which a person is enlisted (whether by reference
to a number of years or another criterion or both);
(b) requiring any such term to be one of service with a regular force, or to be in part service
with a regular force and in part service with a reserve force;
(c) enabling a person to end his service with a regular force at a prescribed time, or to
transfer at a prescribed time to a reserve force;
(d) restricting a person, in consideration of the acceptance by him of any benefit or
advantage, from exercising any right referred to in paragraph (c);
(e) enabling a person enlisted for a term of service of a prescribed description to be treated
as if he had enlisted for a term of service of a different description;
(f) enabling a person to extend or reduce the term of his service (whether with a regular
force or a reserve force, or both);
(g) enabling a person to continue in service after completion of the term of his service;
(h) enabling a person in a reserve force to re-enter service with a regular force;
(i) enabling a person to restrict his service to service in a particular area;
(j) requiring a person who has restricted his service to service in a particular area to serve
outside that area for a number of days in any year not exceeding a prescribed maximum.
(3) The exercise of any right conferred on a person by virtue of subsection (2) may be made subject
to prescribed conditions.
(4) The Defence Council may also by regulations make provision enabling–
(a) a member of the regular army of or below the rank of warrant officer, or
(b) a member of the [ Regular Reserve ] 1 of or below the rank of warrant officer who is
in permanent service on call-out under any provision of the Reserve Forces Act 1980 (c. 9)
or the Reserve Forces Act 1996 (c. 14),
to be transferred between corps without his consent in prescribed circumstances.
(5) Regulations under subsection (4) may in particular make provision for varying the terms and
conditions of service of a person transferred between corps.
(6) In this section “corps” means any body of the regular army that may from time to time be
declared by Royal Warrant to be a corps.
Notes
1
Words substituted by Defence Reform Act 2014 c. 20 Pt 3 s.44(3)(a) (October 1, 2014)
Amendments Pending
Commencement
Pt 14 s. 329(6): March 28, 2009 for the purpose of enabling Royal Warrants to be made; October 31, 2009 otherwise
(SI 2009/812 art. 3(a)(iii); SI 2009/1167 art. 4)
Extent
Law In Force
330 Desertion and absence without leave: forfeiture of service etc

(1) The Defence Council may by regulations make provision–
(a) with respect to the making of a confession by a member of the regular forces that he is
guilty of an offence under section 8 (desertion);
(b) for the making of a determination as to whether a trial may be dispensed with in the
case of a person who makes such a confession;
(c) for the forfeiture of a period of service of such a person where a trial is so dispensed
with.
(2) The Defence Council may also by regulations make provision for the forfeiture of a period of
service of a member of the regular forces who is convicted of an offence under section 8.
(3) Regulations under subsection (1) or (2) may include provision for enabling a determination to
be made in prescribed circumstances restoring (in whole or in part) a forfeited period of service.
(4) The Defence Council may also by regulations make provision with respect to–
(a) the issue of a certificate of absence in respect of a member of the regular forces absent
without leave for more than a prescribed period;
(b) the effects of such a certificate (in particular in connection with the pay and allowances
of the person in respect of whom it is issued).
Amendments Pending
Commencement
Extent
Law In Force
331 Discharge etc from the regular forces and transfer to the reserve forces
(1) The Defence Council may by regulations make provision with respect to–
(a) the discharge of members of the regular forces of or below the rank or rate of warrant
officer;
(b) the transfer of such persons to the reserve forces.
(2) The regulations may in particular make provision with respect to–
(a) authorisation of a person's discharge or transfer to a reserve force;
(b) the status of a person who is entitled to be, but has not yet been, discharged or transferred
to a reserve force.
(3) The regulations may also in particular make provision conferring on a warrant officer (other
than an acting warrant officer) a right to be discharged–
(a) following his reduction in rank or rate; or
(b) following his reduction in rank or rate in prescribed circumstances.
(4) The regulations may also in particular make provision enabling–
(a) the discharge of a person from the regular forces (including by virtue of subsection (3)),
or
(b) the transfer of a person to a reserve force,
to be postponed in prescribed circumstances.
Amendments Pending
Commencement
Extent
Law In Force
332 [ Administrative reduction in rank or rate ] 1

[ (1) The rank or rate of a warrant officer or non-commissioned officer may be reduced only by an
order made by that person's commanding officer.
(2) An order of a commanding officer reducing the rank or rate of a warrant officer or
non-commissioned officer (“an order reducing rank or rate”)—
(a) may not be made without the permission of higher authority (but this is subject to
subsection (3));
(b) may not reduce the rank of a person in any of Her Majesty's air forces below the highest
rank that person has held in that force as an airman.
(3) The permission of higher authority is not required for an order reducing rank or rate if—
(a) the person whose rank is to be reduced is a lance corporal or lance bombardier; or
(b) the commanding officer making the order is of or above the rank of rear admiral,
major-general or air vice-marshal.
2
]
(5) Nothing in this section applies to a reduction in rank or rate by virtue of a sentence.
(6) Nothing in this section applies in relation to the reversion of a person, otherwise than on account
of his conduct, from his acting rank or rate to his substantive rank or rate.
Notes
1
Heading substituted by Armed Forces Act 2011 c. 18 s.19(2) (April 2, 2012)
2
S.332(1)-(3) substituted for s.332(1)-(4) by Armed Forces Act 2011 c. 18 s.19(1) (April 2, 2012)
Amendments Pending
Commencement
Extent
Pt 14 s. 332(1)-(3), (4)-(6): United Kingdom (extends to the Isle of Man and the British overseas territories and may
Pt 14 s. 332(3)(a)-(3)(b): United Kingdom
Law In Force
333 Pay, bounty and allowances

(1) Her Majesty may by warrant make provision with respect to pay, bounty and allowances for
members of the regular or reserve forces.
(2) A Royal Warrant made under this section may in particular–

(a) provide for the way in which pay, bounty and allowances are to be paid;
(b) impose conditions or restrictions on the making of such payments;
(c) confer a discretion on any person.
(3) Provision that may be made by virtue of subsection (2)(b) includes in particular provision
authorising the making of a deduction from a payment to a person–
(a) in respect of anything (including any service) supplied to him;
(b) in order to recover any overpayment or advance; or
(c) in order to reclaim any relevant payment.
(4) For the purposes of subsection (3)(c) a payment is “relevant” if–
(a) it was made on condition that it would or might be repayable in specified circumstances;
and
(b) any such circumstance has occurred.
(5) A Royal Warrant under this section may not authorise the forfeiture of pay.
(6) A Royal Warrant under this section may not make provision about money distributable under
the Naval Agency and Distribution Act 1864 (c. 24).
(7) Section 373(5) (power to make supplementary provision etc) applies in relation to Royal Warrants
under this section.
(8) A Royal Warrant under this section may be amended or revoked by a further Royal Warrant
under this section.
(9) Nothing in this section prevents provision as to rates of allowances from being made otherwise
than under this section.
Amendments Pending
Commencement
Pt 14 s. 333(1)-(9): March 28, 2009 for the purpose of enabling Royal Warrants to be made; October 31, 2009 otherwise
(SI 2009/812 art. 3(a)(iii); SI 2009/1167 art. 4)
Extent
Redress of individual grievances

Law In Force
334 Redress of individual grievances: service complaints

(1) If–
(a) a person subject to service law thinks himself wronged in any matter relating to his
service, or
(b) a person who has ceased to be subject to service law thinks himself wronged in any
such matter which occurred while he was so subject,
he may make a complaint about the matter under this section (a “service complaint”).
(2) But a person may not make a service complaint about a matter of a description specified in
regulations made by the Secretary of State.
(3) The Defence Council must by regulations make provision with respect to the procedure for
making and dealing with service complaints.
(4) The regulations must in particular make provision requiring–
(a) a service complaint to be made to an officer of a prescribed description;
(b) the officer to whom a service complaint is made to decide whether to consider the
complaint himself or to refer it to a superior officer of a prescribed description or to the
Defence Council;
(c) a service complaint considered by the officer to whom the complaint is made to be
referred, on the application of the complainant, to a superior officer of a prescribed
description or (if the officer considers it appropriate) to the Defence Council;
(d) a superior officer to whom a service complaint is referred by virtue of paragraph (b) or
(c) to decide whether to consider the complaint himself or to refer it to the Defence Council;
(e) a service complaint considered by a superior officer to whom the complaint is referred
by virtue of paragraph (b) or (c) to be referred, on the application of the complainant, to the
Defence Council.
(5) Without prejudice to the generality of subsections (3) and (4), the regulations may also make
provision–
(a) as to the way in which a service complaint is to be made (including provision as to the
information to be provided by the complainant);
(b) that a service complaint, or an application of a kind mentioned in subsection (4)(c) or
(e), may not be made, except in prescribed circumstances, after the end of a prescribed
period.
(6) A period prescribed under subsection (5)(b) must not be less than three months beginning with
the day on which the matter complained of occurred.
(7) If, under provision made by virtue of subsections (3) and (4)–
(a) an officer decides to consider a service complaint himself, or
(b) a service complaint is referred to the Defence Council,
the officer or the Defence Council (“the appropriate person”) must decide whether the complaint
is well-founded.
(8) If the appropriate person decides that the complaint is well-founded, he must–
(a) decide what redress (if any), within his authority, would be appropriate; and
(b) grant any such redress.
(9) In this section “prescribed” means prescribed by regulations made by the Defence Council.
Amendments Pending
Pt 14 s. 334: repealed by Armed Forces (Service Complaints and Financial Assistance) Act 2015 c. 19 s. 2(2) (date
to be appointed)
Commencement
Pt 14 s. 334(1)-(9): January 1, 2008 (SI 2007/2913 art. 3)
Extent
Law In Force
335 Service complaints: role of Defence Council and service complaint panels
(1) The Defence Council may, [ in the case of a service complaint and ] 1 to such extent and subject
to such conditions as they consider appropriate, delegate to a panel of persons (a “service complaint
panel”) all or any of the functions conferred on the Defence Council by or under section 334.
(2) [ A decision by the Defence Council to delegate under subsection (1) ] 2 may relate to–
(a) a particular service complaint; or
(b) any service complaint of a description determined by the Defence Council.
[ (3) The Defence Council—
(a) must determine the size of a service complaint panel (subject to section 336(2) and any
provision made by virtue of section 336(6) relating to the size of a panel); and
(b) must appoint the members of a service complaint panel, other than any members
appointed by the Secretary of State by virtue of section 336 or 336A.
]3
(4) The Defence Council may, to such extent and subject to such conditions as they consider
appropriate, delegate to a person employed in the civil service of the State or an officer–
(a) their function of deciding whether, and if so to what extent and subject to what
conditions, they should delegate any of their functions to a service complaint panel under
subsection (1);
(b) their [ functions ] 4 under subsection (3).
(5) The delegation under subsection (4) of a function may relate to–
(a) a particular service complaint;
(b) any service complaint of a description determined by the Defence Council; or
(c) all service complaints.
(6) The Defence Council may require a service complaint panel to assist them in carrying out any
of the functions conferred on them by or under section 334.
(7) The Defence Council may authorise a person (whether or not a service complaint panel or a
member of such a panel) to investigate on their behalf–
(b) any service complaint of a description determined by them.
(8) In this section “service complaint”has the same meaning as in section 334.
(9) Nothing in this section affects the application of section 1(5) or (7) of the Defence (Transfer of
Functions) Act 1964 (c. 15) (discharge by Service Boards of Defence Council's functions under
any enactment etc) to the functions of the Defence Council (in particular, the functions conferred
on them by or under section 334 and this section).
Notes
1
Words inserted by Armed Forces Act 2011 c. 18 s.20(1)(a) (April 2, 2012)
2
Words substituted by Armed Forces Act 2011 c. 18 s.20(1)(b) (April 2, 2012)
3
Substituted by Armed Forces Act 2011 c. 18 s.20(1)(c) (April 2, 2012)
4
Words substituted by Armed Forces Act 2011 c. 18 s.20(1)(d) (April 2, 2012)
Amendments Pending
to be appointed)
Commencement
Pt 14 s. 335(1)-(9): January 1, 2008 (SI 2007/2913 art. 3)
Extent
Pt 14 s. 335(1)-(3), (4)-(9): United Kingdom (extends to the Isle of Man and the British overseas territories and may
Pt 14 s. 335(3)(a)-(3)(b): United Kingdom
Law In Force
336 Composition and procedure of service complaint panels

(1) A person may not be a member of a service complaint panel unless he is–
(a) a senior officer (see subsection (4)); or
(b) a person employed in the civil service of the State;
but this is subject to any [ determination under this section, or regulations under this section or
section 336A, relating to independent members. ] 1
(2) A service complaint panel must consist of at least two members.
(3) […]2
(4) In this section “senior officer” means an officer who is–
(a) subject to service law; and
(b) of or above the rank of commodore, brigadier or air commodore.
[ (4A) The Defence Council may determine—
(a) that a service complaint panel is to include a specified number of independent members;
(b) that specified functions are to be exercised by independent members of a service
complaint panel.
(4B) A determination under subsection (4A) may relate to—
(b) any service complaint of a description determined by the Defence Council.
(4C) The Defence Council may, to such extent and subject to such conditions as they consider
appropriate, delegate to a person employed in the civil service of the State or an officer their function
under subsection (4A) of determining—
(a) whether a service complaint panel is to include independent members (and, if so, how
many);
(b) whether particular functions are to be exercised by independent members of a service
complaint panel.
(4D) A delegation under subsection (4C) may relate to—
(a) a particular service complaint;
(b) any service complaint of a description determined by the Defence Council; or
(c) all service complaints.
(4E) The Defence Council may not—
(a) make a determination under subsection (4A)(a) where a requirement mentioned in
subsection (6)(a)(i) or (ii) or section 336A(2)(a) applies;
(b) make a determination under subsection (4A)(b) where a requirement mentioned in
subsection (6)(a)(iii) or section 336A(2)(b) applies.
3
]
(5) The Secretary of State may by regulations–
(a) make further provision with respect to the composition of service complaint panels;
(b) make provision as to the procedure of service complaint panels (either generally or in
prescribed circumstances).
(6) [ Regulations under subsection (5)(a) ] 4 may in particular–
[ (a) impose, in the case of any service complaint of a prescribed description, one or more
of the following requirements—
(i) a requirement for a service complaint panel to include a prescribed number of
independent members;
(ii) a requirement for all or a prescribed majority of the members of a service
complaint panel to be independent members;
(iii) a requirement for prescribed functions to be exercised by independent members
of a service complaint panel;
]5
(b) impose, in the case of all service complaints or any service complaint of a prescribed
description, any requirement in addition to those imposed by subsections (1) to (4);
(c) impose, in the case of any service complaint of a prescribed description, a greater
requirement than that imposed by any provision of those subsections (for example, requiring
an officer to be of or above a higher rank than those specified in subsection (4) in order to
be a senior officer for the purposes of this section).
“independent member” means a person appointed by the Secretary of State who is not–
(b) a person employed in the civil service of the State;
“prescribed” means prescribed by regulations under this section;
“service complaint”has the same meaning as in section 334;
“service complaint panel”has the same meaning as in section 335.
Notes
1
Words substituted by Armed Forces Act 2011 c. 18 s.20(3) (April 2, 2012)
2
Repealed by Armed Forces Act 2011 c. 18 s.20(4) (April 2, 2012)
3
Added by Armed Forces Act 2011 c. 18 s.20(5) (April 2, 2012)
4
Words substituted by Armed Forces Act 2011 c. 18 s.20(6)(a) (April 2, 2012)
5
Substituted by Armed Forces Act 2011 c. 18 s.20(6)(b) (April 2, 2012)
Amendments Pending
to be appointed)
Commencement
Pt 14 s. 336(1)-(7) definition of "service complaint panel": January 1, 2008 (SI 2007/2913 art. 3)
Extent
Pt 14 s. 336(1)-(4)(b), (5)-(6)(a), (6)(b)-(7) definition of "service complaint panel": United Kingdom (extends to the
Isle of Man and the British overseas territories and may extend to the any of the Channel Islands as specified by Orders
in Council made under this Act)
Pt 14 s. 336(4A)-(4E)(b), (6)(a)(i)-(6)(a)(iii): United Kingdom
Law In Force
[ 336A Requirement to delegate to service complaint panel

(1) Regulations made by the Secretary of State may, in relation to any service complaint of a
prescribed description, make provision—
(a) requiring the Defence Council to exercise their power under section 335(1) to delegate
to a service complaint panel all or any of the functions conferred on them by or under section
334; and
(b) imposing one or more of the requirements mentioned in subsection (2).
(2) Those requirements are—

(a) a requirement for all or a prescribed majority of the members of the service complaint
panel to be independent members;
(b) a requirement for prescribed functions to be exercised by independent members of the
service complaint panel.
“independent member”has the same meaning as in section 336;
“prescribed” means prescribed by regulations under this section;
]1
Notes
1
Added by Armed Forces Act 2011 c. 18 s.20(7) (April 2, 2012)
Amendments Pending
Pt 14 s. 336A: repealed by Armed Forces (Service Complaints and Financial Assistance) Act 2015 c. 19 s. 2(2) (date
to be appointed)
Extent
Pt 14 s. 336A(1)-(3) definition of "service complaint panel": United Kingdom
Law In Force
337 Reference of individual grievance to Her Majesty

(1) This section applies if conditions A to C are met.
(2) Condition A is that a service complaint is made about a matter by–
(a) an officer; or
(b) a person who was an officer at the time the matter occurred.
(3) Condition B is that–
(a) a decision on the complaint is taken by the Defence Council under section 334; and
(b) the Defence Council's function of taking that decision is not delegated to a service
complaint panel to any extent.
(4) Condition C is that the complainant makes an application to the Defence Council stating why,
in his view–
(a) he should be given redress; or
(b) he should be given different or additional redress.
(5) The Defence Council must make a report on the complaint to Her Majesty, in order to receive
the directions of Her Majesty on the complaint.

Amendments Pending
to be appointed)
Commencement
Pt 14 s. 337(1)-(6) definition of "service complaint panel": January 1, 2008 (SI 2007/2913 art. 3)
Extent
Pt 14 s. 337(1)-(6) definition of "service complaint panel": United Kingdom (extends to the Isle of Man and the British
this Act)
Role of Service Complaints Commissioner
Law In Force
338 Referral by Service Complaints Commissioner of certain allegations

(1) This section applies where the Service Complaints Commissioner (“the Commissioner”) considers
that any communication made to him contains an allegation that a person named in such a
communication–
(a) is subject to service law and has been wronged in a prescribed way; or
(b) was wronged in such a way while he was so subject.
(2) The Commissioner may refer the allegation to the officer whom he considers to be the relevant
officer.
(3) If the allegation is referred under subsection (2), the officer to whom it is referred must as soon
as is reasonably practicable–
(a) inform the person that the allegation has been so referred;
(b) ensure that the person is aware of–
(i) the procedure for making a service complaint; and
(ii) the effect on the making of service complaints of any regulations made by virtue
of section 334(5)(b) (time limits for service complaints); and
(c) ascertain whether he wishes to make a service complaint in respect of the alleged wrong.
(4) Regulations made by the Secretary of State must provide that where the allegation is referred
under subsection (2), the prescribed person must within the prescribed period notify the
Commissioner of prescribed matters.

“prescribed” means prescribed by regulations made by the Secretary of State;
“relevant officer” means the officer to whom a service complaint made by the person in
respect of the alleged wrong is (under regulations made under section 334) to be made;
“service complaint”has the same meaning as in that section.
Amendments Pending
to be appointed)
Commencement
Pt 14 s. 338(1)-(5) definition of "service complaint": January 1, 2008 (SI 2007/2913 art. 3)
Extent
Pt 14 s. 338(1)-(5) definition of "service complaint": United Kingdom (extends to the Isle of Man and the British
this Act)
Law In Force
339 Reports by Commissioner on system for dealing with service complaints etc
(1) The Service Complaints Commissioner (“the Commissioner”) must prepare and give to the
Secretary of State, as soon as practicable after the end of each relevant period, a report as to–
(a) the efficiency, effectiveness and fairness with which the system under this Part for
dealing with service complaints has operated during that period;
(b) the exercise by the Commissioner during that period of his function under section 338
of referring allegations; and
(c) such other aspects of the system mentioned in paragraph (a), and such matters relating
to the function mentioned in paragraph (b), as the Commissioner considers appropriate or
the Secretary of State may direct.
(2) The Secretary of State must lay before Parliament each report under subsection (1) received by
him.
(3) The Secretary of State may exclude from any report laid under subsection (2) any material
whose publication he considers–
(a) would be against the interests of national security; or
(b) might jeopardise the safety of any person.
(4) The Secretary of State may require the Commissioner to prepare and give to him a report on–
(a) any aspect of the system mentioned in subsection (1)(a);
(b) any matter relating to the function mentioned in subsection (1)(b).
“relevant period” means a period of one year beginning with–

(a) the date this section comes into force; or
(b) an anniversary of that date;
“service complaint”has the same meaning as in section 334.
Amendments Pending
to be appointed)
Commencement
Pt 14 s. 339(1)-(5) definition of "service complaint": January 1, 2008 (SI 2007/2913 art. 3)
Extent
Pt 14 s. 339(1)-(5) definition of "service complaint": United Kingdom (extends to the Isle of Man and the British
this Act)
Restriction on aliens
Law In Force
340 Restriction on aliens in regular forces etc

(1) An alien may not be a member of–
(a) the regular forces; or
(b) any of Her Majesty's forces raised under the law of a British overseas territory.
(2) But the Defence Council may make regulations providing for subsection (1) not to apply to an
alien who satisfies prescribed conditions.
(3) Such a condition may require the alien–
(a) to be of a prescribed nationality; and
(b) to serve in a prescribed unit.
(4) Section 3 of the Act of Settlement (1700 c. 2) does not prevent any person from being a member
of any of Her Majesty's forces.
(5) In this section “prescribed” means prescribed by regulations made by the Defence Council.
Amendments Pending

Pt 14 s. 340(1)(b): words inserted by Armed Forces Bill 2015 (HC Bill 70) Sch. 1 para. 10 (date to be appointed)
Commencement
Extent
PART 15
FORFEITURES AND DEDUCTIONS
Law In Force
341 Forfeitures and deductions: general provisions

(1) No forfeiture of the pay of a person subject to service law may be imposed unless authorised
by or under this Act or any other Act.
(2) No deduction from the pay of a person subject to service law may be made unless authorised
by or under this Act or any other Act.
(3) Subsections (1) and (2) do not prevent the making by a Royal Warrant under section 333, or
by any regulation, order or instruction of the Defence Council, of provision–
(a) for the imposition of any forfeiture authorised by or under an Act;
(b) for the making of any deduction so authorised;
(c) for the time at which and the way in which amounts may be deducted from pay to give
effect to authorised deductions;
(d) as to the appropriation of amounts deducted;
(e) for the determination of questions relating to forfeitures and deductions.
(4) A person subject to service law shall, notwithstanding any deduction from his pay but subject
to any forfeiture, remain in receipt of pay at not less than such minimum rate as may be prescribed
by regulations made by the Defence Council.
(5) Notwithstanding the forfeiture of the pay of a person subject to service law for any period, he
may remain in receipt of pay at such minimum rate as may be prescribed by regulations made by
the Defence Council; but the amount received for that period may be recovered from him by
deduction from pay.
(6) Any amount authorised to be deducted from the pay of a person subject to service law may also
be deducted from any bounty, allowance or grant which may be due to him; and references in this
section and section 342 to the making of deductions from pay are to be read accordingly.
Amendments Pending
Commencement
Pt 15 s. 341(1)-(6): March 28, 2009 for the purpose of enabling the Defence Council to make regulations and Royal
Warrants to be made; October 31, 2009 otherwise (SI 2009/812 art. 3(a)(i), art. 3(a)(iii); SI 2009/1167 art. 4)
Extent
Law In Force
342 Permitted forfeitures and deductions

(1) The Secretary of State may by regulations make provision for the purpose of enabling the
Defence Council, or officers authorised by them, to make orders–
(a) authorising the pay of a person subject to service law to be forfeited for or in respect
of any period of prescribed absence from duty;
(b) authorising deductions to be made from the pay of a relevant person and to be
appropriated in or towards satisfaction of any amount paid by or on behalf of a service
authority to meet the whole or part of a sum that the person has been ordered to pay by a
civilian court (anywhere);
(c) authorising deductions to be made from the pay of a relevant person and to be
appropriated as or towards compensation for any loss of, or damage to, public or service
property which a prescribed person is satisfied has been caused by the relevant person's
wrongful act or negligence;
(d) authorising deductions to be made from the pay of a person subject to service law and
to be appropriated in or towards satisfaction of any payment which he is required to make
in respect of a financial penalty;
(e) authorising deductions to be made from the pay of a relevant person and to be
appropriated in or towards satisfaction of–
(i) any prescribed payment which he is required to make under, or in connection
with, a prescribed maintenance order;
(ii) any obligation on his part to make periodical payments in accordance with a
prescribed maintenance assessment or maintenance calculation; or
(iii) any amount required to be paid by him by virtue of any judgment or order
enforceable by a court in the United Kingdom;
(f) authorising deductions to be made from the pay of a relevant person and to be
appropriated towards the maintenance of a spouse, civil partner, former spouse, former civil
partner, child or prescribed person.
(a) with respect to the duration, variation, revocation, continuation or suspension of such
orders;
(b) conferring functions in relation to such orders on the Defence Council;
(c) for the delegation by the Defence Council of any of their functions in relation to such
orders;
(d) limiting the amount which may be deducted from a person's pay;
(e) requiring prescribed persons to provide prescribed information, or to supply copies of
prescribed documents, to the Defence Council or persons authorised by them;
(f) with respect to the computation of time for the purposes of orders made by virtue of
subsection (1)(a);
(g) with respect to the carrying out of investigations in connection with orders made by
virtue of subsection (1)(c);
(h) with respect to the standard of proof which is to apply in connection with orders made
by virtue of subsection (1)(c);
(i) for any prescribed forfeiture of a person's pay to apply only to so much of his pay as
remains after any deduction from that pay in accordance with an order made by virtue of
subsection (1)(e) or (f);
(j) with respect to the procedure which is to apply in connection with orders made by virtue
of subsection (1)(f).
(3) Any forfeiture or deduction imposed by virtue of subsection (1)(a), (b) or (c) may be remitted–
(a) by the Defence Council; or
(b) by an officer authorised by the Defence Council.
“financial penalty” means–
(a) a fine or service compensation order imposed by virtue of this Act (including a
fine or service compensation order with respect to which an order under section 268
(order for service parent or guardian to pay fine or compensation) has been made);
(b) a sum adjudged to be paid under section 236(3) (forfeiture of recognizance); or
(c) an order as to the payment of costs made by virtue of regulations under section
26, or made under section 27, of the Armed Forces Act 2001 (c. 19);
“prescribed” means prescribed, or of a description prescribed, by regulations under this
section;
“public property”has the meaning given by section 26(2);
“relevant person” means a person subject to service law by reason of section 367(1) or
(2)(a), (b), (c) or (e);
“service property”has the meaning given by section 26(3).
(5) The reference in subsection (1)(e)(iii) to a judgment or order enforceable by a court in the United
Kingdom includes a judgment enforceable by the Enforcement of Judgments Office.
Amendments Pending
Commencement
Pt 15 s. 342(1)-(5): March 28, 2009 for the purpose of enabling the Secretary of State to make orders, regulations and
Extent
PART 16
INQUIRIES
Law In Force
343 Service inquiries

(1) The Secretary of State may make regulations for causing inquiries, to be known as service
inquiries, to be held (whether or not in the United Kingdom) in prescribed circumstances in relation
to matters connected with any of Her Majesty's forces.
(2) The regulations may in particular make provision with respect to–
(a) the persons, to be known as a service inquiry panel, who are to conduct a service inquiry;
(b) the functions of a service inquiry panel;
(c) the matters that may, or must, be referred to a service inquiry panel;
(d) the persons who may convene, and refer matters to, a service inquiry panel;
(e) the procedure of service inquiry panels;
(f) evidence, including the admissibility of evidence;
(g) the representation of witnesses and other persons.
(3) Without prejudice to the generality of subsections (1) and (2), the regulations may make
provision–
(a) conferring on a person designated for the purpose by the Secretary of State power to
determine, in prescribed circumstances, that a matter of a kind that must be referred to a
service inquiry panel need not be so referred (and as to the recording of such a determination);
(b) as to oaths and affirmations for witnesses and other persons;
(c) conferring on prescribed persons a right, subject to such exceptions as may be prescribed,
to be present at proceedings of a service inquiry panel;
(d) for procuring the attendance of witnesses and other persons and the production of
documents and other things (including the giving of notices by judge advocates);
(e) about the payment of expenses to persons attending proceedings of service inquiry
panels;
(f) for the making and retention of records of the proceedings of service inquiry panels;
(g) for the supply of copies of such records, including provision about the fees payable for
(h) for evidence given before service inquiry panels not to be admissible at a summary
hearing or in proceedings before a court of a prescribed description, except in the case of
proceedings for an offence of a prescribed description.
(4) The regulations may also make provision which is equivalent to that made by any provision of
section 35 of the Inquiries Act 2005 (c. 12) (offences in connection with inquiries), subject to such
modifications as the Secretary of State considers appropriate.
(5) Where the regulations create an offence they may provide–
(a) that the offence is a service offence and is punishable by any punishment mentioned in
rows 7 to 12 of the Table in section 164; or
(b) that the offence is an offence triable summarily by a civilian court in the United
Kingdom, the Isle of Man or a British overseas territory and is punishable by a fine not
exceeding level 3 on the standard scale.
(6) In this section “prescribed” means prescribed by regulations under this section.
Amendments Pending

Pt 16 s. 343(5)(b): words inserted by Armed Forces Bill 2015 (HC Bill 70) Sch. 1 para. 11 (date to be appointed)
Commencement
Pt 16 s. 343(1)-(6): October 1, 2008 (SI 2008/1650 art. 2(a))
Extent
[ PART 16A
ARMED FORCES COVENANT REPORT
]1
Notes
1
Law In Force
[ 343A Armed forces covenant report

(1) The Secretary of State must in each calendar year—
(a) prepare an armed forces covenant report; and
(b) lay a copy of the report before Parliament.
(2) An armed forces covenant report is a report about effects of membership, or former membership,
of the armed forces on service people, or particular descriptions of such people—
(a) in the fields of healthcare, education and housing;
(b) in the operation of inquests; and
(c) in such other fields as the Secretary of State may determine.
(3) In preparing an armed forces covenant report the Secretary of State must have regard in particular
to—
(a) the unique obligations of, and sacrifices made by, the armed forces;
(b) the principle that it is desirable to remove disadvantages arising for service people from
membership, or former membership, of the armed forces; and
(c) the principle that special provision for service people may be justified by the effects on
such people of membership, or former membership, of the armed forces.
(4) For the purposes of preparing an armed forces covenant report, the Secretary of State must
obtain the views of any relevant government department, and seek the views of any relevant devolved
administration, in relation to the effects to be covered by the report.
(5) An armed forces covenant report must—
(a) set out in full or summarise the views of a relevant government department or relevant
devolved administration obtained pursuant to subsection (4); and
(b) where the views of a relevant devolved administration have been sought but not obtained,
state that fact.
(6) The Secretary of State may not include in an armed forces covenant report a summary under
subsection (5)(a) unless the relevant government department or relevant devolved administration
has approved the summary.
(7) An armed forces covenant report must state whether, in the Secretary of State's opinion, any
effects covered by the report are such that service people or particular descriptions of service people
are at a disadvantage as regards the field or fields in question, when compared with other persons
or such descriptions of other persons as the Secretary of State considers appropriate.
(8) Where the Secretary of State's opinion is that service people or particular descriptions of service
people are at a disadvantage as mentioned in subsection (7), the report must set out the Secretary
of State's response to that.
(9) As regards effects covered by an armed forces covenant report—
(a) the Secretary of State must consider whether the making of special provision for service
people or particular descriptions of service people would be justified; and
(b) where the Secretary of State considers that such provision would be justified, the report
must contain a reference to that fact.
(10) In relation to any particular description of service people covered by a report, the reference in
subsection (2)(a) to the fields of healthcare, education and housing is to such of those fields as the
Secretary of State considers are ones in which people of that description are affected by membership
or former membership of the armed forces.
]1
Notes
1
Amendments Pending
Pt 16A s. 343A: repealed by Armed Forces Act 2006 c. 52 Pt 19 c. 4 s. 382 (November 2, 2016: repeal originally
Extent
Pt 16A s. 343A(1)-(10): United Kingdom
Law In Force
[ 343B Interpretation of Part

(1) In section 343A“service people” means—
(a) members of the regular forces and the reserve forces;
(b) members of British overseas territory forces who are subject to service law;
(c) former members of any of Her Majesty's forces who are ordinarily resident in the United
Kingdom; and
(d) relevant family members.
(2) In section 343A“relevant government department”, in relation to an effect to be covered by an
armed forces covenant report, means a department of the Government of the United Kingdom (apart
from the Ministry of Defence) which the Secretary of State considers has functions relevant to that
effect.
(3) In section 343A“relevant devolved administration”, in relation to an effect to be covered by an
armed forces covenant report, means whichever of the following the Secretary of State considers
to have functions relevant to that effect—
(a) the Scottish Executive;
(b) the Northern Ireland departments;
(c) the [ Welsh Government ] 2 .
(4) In this Part—
“British overseas territory force” means any of Her Majesty's forces that is raised under the
law of a British overseas territory;
“membership or former membership” of a force, in relation to a person, includes any service

in that force that that person is undertaking, undertook or may be expected to be called on
to undertake;
“relevant family members” means such descriptions of persons connected with service
members, or with persons who were service members, as the Secretary of State considers
should be covered by a report or part of a report;
“service member” means a person who falls within any of paragraphs (a) to (c) of subsection
(1).
(5) Any reference in this Part to membership or former membership of the armed forces is to be
read, in relation to a person who is—
(a) a service member, or
(b) a relevant family member by reason of connection with a person who is or was a service
member,
as a reference to the service member's membership or former membership of a force mentioned in
subsection (1).
]1
Notes
1
2
Words substituted by Wales Act 2014 c. 29 Pt 1 s.4(4)(a) (February 17, 2015)
Amendments Pending
Pt 16A s. 343B: repealed by Armed Forces Act 2006 c. 52 Pt 19 c. 4 s. 382 (November 2, 2016: repeal originally came
Extent
Pt 16A s. 343B(1)-(5)(b): United Kingdom
PART 17
MISCELLANEOUS
Offences relating to service matters punishable by civilian courts
Law In Force
344 Aiding or abetting etc desertion or absence without leave

(1) A person commits an offence if he aids, abets, counsels or procures the commission by another
person of an offence under section 8 (desertion) or 9 (absence without leave).
(2) A person commits an offence if–

(a) he knows that another person (“B”) is subject to service law;
(b) he does an act intending to cause B to be absent without leave; and
(c) it causes B to be absent without leave.
(3) A person (“A”) commits an offence if–
(a) another person (“B”) has committed an offence under section 8 or 9;
(b) A knows or believes B to be guilty of that offence; and
(c) A does an act intending to impede B's apprehension or prosecution.
(4) Subsections (1) to (3) apply to any aiding, abetting, counselling or procuring, or (as the case
may be) any act, done–
(a) in a relevant territory;
(b) otherwise than in a relevant territory, by a United Kingdom national (see section 347)
or a person resident in a relevant territory.
(5) In subsection (4) “relevant territory” means–
(a) the United Kingdom;
(b) the Isle of Man; or
(c) a British overseas territory.
(6) In subsection (2) (and subsection (4) so far as relating to that subsection) “act”includes an
omission, and the references to the doing of an act are to be read accordingly.
(7) A person guilty of an offence under this section is liable–
(a) on summary conviction, to imprisonment for a term not exceeding the relevant maximum
or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to
a fine, or to both.
(8) In subsection (7) “the relevant maximum” is–
(a) in relation to England and Wales, 12 months;
(b) otherwise, 6 months.
Amendments Pending
Commencement
Extent
Law In Force
345 Aiding or abetting etc malingering

(1) A person commits an offence if he aids, abets, counsels or procures the commission by another
person of an offence under section 16 (malingering).
(a) he knows that a person (“B”) is subject to service law; and
(b) intending to cause B to avoid service, by any act–
(i) he causes B an injury; or
(ii) he aggravates or prolongs any injury of B's.
(a) he knows that a person (“B”) is subject to service law; and
(b) intending to cause B to avoid service, by any act–
(i) he causes B to believe that B has an injury; or
(ii) he causes another person to believe that B has an injury.
(4) Subsections (1) to (3) apply to any aiding, abetting, counselling or procuring, or (as the case
may be) any act, done–
(a) in a relevant territory;
(b) otherwise than in a relevant territory, by a United Kingdom national (see section 347)
or a person resident in a relevant territory.
(5) In subsection (4) “relevant territory” means–
(6) In this section “injury” and “service”have the same meanings as in section 16.
(7) A person guilty of an offence under this section is liable–
(a) on summary conviction, to imprisonment for a term not exceeding the relevant maximum
or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to
a fine, or to both.
(8) In subsection (7) “the relevant maximum”is–
(a) in relation to England and Wales, 12 months;
Amendments Pending
Commencement
Extent
Law In Force
346 Obstructing persons subject to service law in course of duty

(a) he intentionally obstructs a person (“B”);
(b) B is a person subject to service law acting in the course of his duty; and
(c) he knows or has reasonable cause to believe that B is subject to service law.
(2) Subsection (1) applies to anything done in–
(3) A person guilty of an offence under this section is liable on summary conviction to imprisonment
for a term not exceeding the relevant maximum, or to a fine not exceeding level 3 on the standard
scale, or to both.
(4) In subsection (3) “the relevant maximum”is–
(a) in relation to England and Wales, 51 weeks;
Amendments Pending
Commencement
Extent
Law In Force
347 Sections 344 to 346: supplementary provisions

(1) If an offence under section 344 or 345 is committed in a British overseas territory–
(a) proceedings may be taken, and
(b) the offence may for incidental purposes be treated as having been committed,
in any place in the United Kingdom or the Isle of Man (without prejudice to the right to take
proceedings in that British overseas territory).
(2) If an offence under section 344 or 345 is committed otherwise than in the United Kingdom, the
Isle of Man or a British overseas territory–
(a) proceedings may be taken, and
(b) the offence may for incidental purposes be treated as having been committed,
in any place in the United Kingdom, the Isle of Man or a British overseas territory.
(3) In sections 344 and 345 a “United Kingdom national” means an individual who is–
(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or
a British Overseas citizen;
(b) a person who under the British Nationality Act 1981 (c. 61) is a British subject; or
(c) a British protected person within the meaning of that Act.
(4) In sections 344 to 346 any reference to a person knowing or having reasonable cause to believe
that another person is subject to service law is a reference to–
(a) his knowing the circumstances by virtue of which that other person is subject to service
law; or
(b) (as the case may be) his having reasonable cause to believe that those circumstances
exist.
Amendments Pending
Commencement
Extent
Law In Force
348 British overseas territories: references to maximum penalties

(1) This section applies in relation to any provision of–
(a) section 344, 345 or 346, or
(b) regulations made by virtue of section 343(5)(b),
specifying the maximum term of imprisonment, or the maximum fine, to which a person guilty of
an offence under that section, or under those regulations, is liable.
(2) In relation to any such provision as it extends to a British overseas territory, the law of the
British overseas territory may–
(a) provide for the maximum term of imprisonment to be longer or shorter than that provided
for by the provision;
(b) provide for the maximum fine to be higher or lower than that provided for by the
provision;
(c) specify the amount of the local currency that is to be treated as equivalent to the
maximum fine provided for by the provision or provided for by virtue of paragraph (b).
Amendments Pending
Commencement
Extent
Exemptions from certain civil matters
Law In Force
349 Exemption from tolls and charges

(1) No toll or charge within subsection (2) is payable in respect of a vehicle which–
(2) A toll or charge is within this subsection if it is payable–
(a) for passing over a road or bridge, or through a tunnel, in the United Kingdom or the
Isle of Man; or
(b) under a scheme for imposing charges in respect of the keeping or use of vehicles on
particular roads in the United Kingdom or the Isle of Man.
Amendments Pending
Commencement
Extent
Law In Force
350 Exemption of property used for service purposes from execution

A judgment or order given or made by a court in–
(a) any part of the United Kingdom,
(b) the Isle of Man, or
(c) a British overseas territory,
against a member of any of Her Majesty's forces may not be enforced by the levying of execution
on, or (in Scotland) the execution of diligence on, any weapon, equipment, instrument or clothing
of his which is used by him in the course of his service in that force.
Amendments Pending
Commencement
Pt 17 s. 350(a)-(c): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Pt 17 s. 350(a)-(c): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend to
Powers of officers etc
N Not Yet In Force

351 Detention etc of persons in overseas service hospitals

Schedule 12 (powers to admit persons to and detain them in overseas service hospitals etc) has
effect.
Amendments Pending
Commencement
Pt 17 s. 351: Date to be appointed (not yet in force)
Extent
Law In Force
352 Power to take affidavits and declarations

(1) An authorised officer may, at a place outside the British Islands, take an affidavit or declaration
from a person subject to service law or a civilian subject to service discipline.
(2) An authorised officer before whom such an affidavit or declaration is taken must state in the
jurat or attestation his full name and rank and the date on which and the place at which the affidavit
or declaration was taken.
(3) A document containing such a statement and purporting to be signed by an authorised officer
shall be admitted in evidence without proof of the signature or of the facts set out in the statement.
(4) For the purposes of this section an officer is “authorised” if he is subject to service law and–
(a) is of or above the rank of lieutenant commander, major or squadron leader; or
(b) is of the rank of naval lieutenant, military or marine captain or flight lieutenant and–
(i) has a general qualification within the meaning of section 71 of the Courts and
Legal Services Act 1990 (c. 41);
(ii) is an advocate or solicitor in Scotland;
(iii) is a member of the Bar of Northern Ireland or a solicitor of the Court of
Judicature of Northern Ireland; or
(iv) has in a relevant territory rights and duties similar to those of a barrister or
solicitor in England and Wales, and is subject to punishment or disability for breach
of professional rules.
Amendments Pending
Commencement
Pt 17 s. 352(1)-(5)(d): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Pt 17 s. 352(1)-(5)(d): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend
Protection of children of service families
Law In Force
353 Protection of children of service families

Schedule 13 (amendments relating to protection of children of service families) has effect.
Amendments Pending
Commencement
Extent
Miscellaneous
Law In Force
354 Extension of powers of command dependent on rank or rate

An officer, warrant officer or non-commissioned officer of a regular or reserve force who is subject
to service law (“A”) has, over members of any other such force who are of inferior rank or rate to
A, such powers of command as are dependent on rank or rate.
Amendments Pending
Commencement
Extent
Law In Force
355 Service of process

(1) The Secretary of State may by regulations make provision with respect to the service of process
on a relevant person in connection with proceedings of a description prescribed by the regulations.
(a) for any process served on a person's commanding officer to be treated as duly served
on the person;
(b) with respect to cases in which service of process is to be of no effect.
(3) In this section “relevant person” means–
(a) a person subject to service law by reason of section 367(1) or (2)(a), (b), (c) or (e); or
Amendments Pending
Commencement
Pt 17 s. 355(1)-(3)(b): March 28, 2009 for the purpose of enabling the Secretary of State to make orders, regulations
Extent
Law In Force
356 Avoidance of assignment of or charge on pay and pensions etc

(1) Each of the following shall be void–
(a) every assignment (or, in Scotland, assignation) of any relevant pay or pension;
(b) every charge on any relevant pay or pension;
(c) every agreement to assign or charge any relevant pay or pension.
(2) In this section “relevant pay or pension” means any pay, pension, benefit, bounty, grant or
allowance payable to any person in respect of his or any other person's service in Her Majesty's
forces.
(3) No order may be made by a court the effect of which would be–
(a) to prevent any person from receiving any relevant pay or pension; and
(b) to direct payment of it to another person.
(4) Nothing in this section–
(a) applies to the making or variation of attachment of earnings orders or of earnings
arrestments; or
(b) prejudices any enactment or subordinate legislation providing for the payment of any
sum to–
(i) a bankrupt's trustee in bankruptcy, or
(ii) a permanent trustee in a sequestration under the Bankruptcy (Scotland) Act
1985 (c. 66),
for distribution among creditors.
(a) “enactment”includes any provision of an Act of the Scottish Parliament or Northern
Ireland legislation;
(b) the reference to subordinate legislation includes an instrument made under such an Act
or under Northern Ireland legislation.
Amendments Pending
Commencement
Extent
Law In Force
357 Power of British overseas territory to apply Act, etc

Where any of Her Majesty's forces is raised under the law of a British overseas territory, any such
law–
(a) may make provision in relation to that force and its members so as to have effect when
they are outside that territory (as well as when they are within it); and
(b) may apply in relation to the force and its members all or any of the provisions of this
Act, with or without modifications.
Amendments Pending
Commencement
Pt 17 s. 357(a)-(b): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Pt 17 s. 357(a)-(b): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend
Law In Force
358 Amendments relating to reserve forces

Schedule 14 (amendments relating to the reserve forces) has effect.
Amendments Pending
Commencement
Pt 17 s. 358: October 15, 2007 for provisions specified in SI 2007/2913 art.2; October 31, 2009 otherwise (SI 2007/2913
art. 2; SI 2009/1167 art. 4)
Extent
Law In Force
359 Pardons for servicemen executed for disciplinary offences: recognition as victims of
First World War
(1) This section applies in relation to any person who was executed for a relevant offence committed
during the period beginning with 4 August 1914 and ending with 11 November 1918.
(2) Each such person is to be taken to be pardoned under this section in respect of the relevant
offence (or relevant offences) for which he was executed.
(3) In this section “relevant offence” means any of the following–
(a) an offence under any of the following provisions of the Army Act 1881 (c. 58)–
(i) section 4(2) (casting away arms etc);

(ii) section 4(7) (cowardice);
(iii) section 6(1)(b) (leaving post etc without orders);
(iv) section 6(1)(k) (sentinel sleeping etc on post or leaving post);
(v) section 7 (mutiny and sedition);
(vi) section 8(1) (striking etc superior officer);
(vii) section 9(1) (disobedience in defiance of authority);
(viii) section 12(1) (desertion or attempt etc to desert);
(b) an offence under any of the following provisions of the Indian Army Act 1911 (Indian
Act, No 8 of 1911)–
(i) section 25(b) (casting away arms, cowardice, etc);
(ii) section 25(g) (sentry sleeping on post or quitting post);
(iii) section 25(i) (quitting guard etc);
(iv) section 27 (mutiny, disobedience, etc);
(v) section 29 (desertion or attempt to desert).
(4) This section does not–
(a) affect any conviction or sentence;
(b) give rise to any right, entitlement or liability; or
(c) affect the prerogative of mercy.
(5) Any reference in this section to a provision of the Army Act 1881 (c. 58) includes a reference
to that provision as applied by any enactment, wherever enacted.
Amendments Pending
Commencement
Pt 17 s. 359(1)-(5): November 8, 2006 (2006 c. 52 Pt 19 c. 4 s. 383(1))
Extent
PART 18
COMMANDING OFFICER AND OTHER PERSONS WITH FUNCTIONS UNDER ACT
Officers
Law In Force
360 Meaning of “commanding officer”

The officer who is the “commanding officer” of a person for the purposes of any provision made
by or under this Act shall be determined by or under regulations made by the Defence Council.
Amendments Pending
Commencement
Extent
Law In Force
361 Meaning of “higher authority”

In this Act “higher authority”, in relation to a commanding officer, means any officer in the
commanding officer's disciplinary chain of command who is superior in that chain of command to
the commanding officer.
Amendments Pending
Commencement
Extent
Court officials
Law In Force
362 Judge advocates

In this Act “judge advocate” means–
(a) the Judge Advocate General;
(b) a person appointed under section 30(1)(a) or (b) or (2) of the Courts– Martial (Appeals)
Act 1951 (c. 46) (assistants to the Judge Advocate General); or
(c) a puisne judge of the High Court in England and Wales who (following a request by
the Judge Advocate General) is nominated by or on behalf of the Lord Chief Justice of
England and Wales to sit as a judge advocate.
Amendments Pending
Commencement
Pt 18 s. 362(a)-(c): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Pt 18 s. 362(a)-(c): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend to
Law In Force
363 Court administration officer

(1) There shall be a court administration officer for the Court Martial, the Service Civilian Court
and the Summary Appeal Court.
(2) The court administration officer is to be appointed by the Defence Council.
Amendments Pending
Commencement
Pt 18 s. 363(1)-(2): March 28, 2009 for the purpose of enabling the Defence Council to make appointments; October
31, 2009 otherwise (SI 2009/812 art. 3(b); SI 2009/1167 art. 4)
Extent
Service Prosecuting Authority
Law In Force
364 Director of Service Prosecutions

(1) Her Majesty may appoint a person as the Director of Service Prosecutions.
(2) A person may be appointed as the Director of Service Prosecutions only if he–
(a) has a ten year general qualification within the meaning of section 71 of the Courts and
Legal Services Act 1990 (c. 41);
(b) is an advocate or solicitor in Scotland of at least ten years' standing;
(c) is a member of the Bar of Northern Ireland, or a solicitor of the Court of Judicature of
Northern Ireland, of at least ten years' standing; or
(d) has in a relevant territory rights and duties similar to those of a barrister or solicitor in
England and Wales, has had those rights and duties for at least ten years, and is subject to
punishment or disability for breach of professional rules.
(3) The Director of Service Prosecutions shall hold and vacate office in accordance with the terms
of his appointment.
Amendments Pending
Commencement
Pt 18 s. 364(1)-(4)(d): October 1, 2008 (SI 2008/1650 art. 4(b))
Extent
Pt 18 s. 364(1)-(4)(d): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend
Law In Force
365 Prosecuting officers

(1) The Director of Service Prosecutions (“the Director”) may appoint officers to be prosecuting
officers.
(2) An officer may be appointed as a prosecuting officer only if he–

(a) has a general qualification within the meaning of section 71 of the Courts and Legal
Services Act 1990;
(b) is an advocate or solicitor in Scotland;
(c) is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of
Northern Ireland; or
(d) has in a relevant territory rights and duties similar to those of a barrister or solicitor in
England and Wales, and is subject to punishment or disability for breach of professional
rules.
(3) A prosecuting officer shall hold and vacate office in accordance with the terms of his
appointment.
(4) A prosecuting officer may, unless the Director otherwise directs, exercise any function of the
Director.
Amendments Pending
Pt 18 s. 365(1): word substituted by Armed Forces Act 2011 c. 18 s. 21(a) (date to be appointed)
Pt 18 s. 365(2): words substituted by Armed Forces Act 2011 c. 18 s. 21(b) (date to be appointed)
Commencement
Pt 18 s. 365(1)-(5): May 6, 2009 for the purpose of enabling the Director of Service Prosecutions to appoint prosecuting
officers; October 31, 2009 otherwise (SI 2009/1167 art. 3(a), art. 4)
Extent
[ Provost Marshals ] 1
Notes
1
Law In Force
[ 365A Provost Marshals: appointment

(1) No appointment of a person to be Provost Marshal of a service police force may be made except
by Her Majesty.
(2) To be eligible for appointment as a Provost Marshal, a person must be a provost officer.
]1
Notes
1
Amendments Pending
Extent
Pt 18 s. 365A(1)-(2): United Kingdom
Service Complaints Commissioner
Law In Force
366 Service Complaints Commissioner

(1) There shall be a Service Complaints Commissioner.
(2) The Service Complaints Commissioner is to be appointed by the Secretary of State.
(3) A person may not be appointed as the Service Complaints Commissioner if he is–
(b) a person employed in the civil service of the State.
(4) The Service Complaints Commissioner shall hold and vacate office in accordance with the
terms of his appointment.
(5) The Service Complaints Commissioner is not to be regarded–
(a) as the servant or agent of the Crown; or
(b) as enjoying any status, immunity or privilege of the Crown.
Amendments Pending
to be appointed)
Commencement
Pt 18 s. 366(1)-(5)(b): January 1, 2008 (SI 2007/2913 art. 3)
Extent
PART 19
SUPPLEMENTARY
CHAPTER 1
APPLICATION OF ACT
Persons subject to service law
Law In Force
367 Persons subject to service law: regular and reserve forces

(1) Every member of the regular forces is subject to service law at all times.
(2) Every member of the reserve forces is subject to service law while–
(a) in permanent service on call-out under any provision of the Reserve Forces Act 1980
(c. 9) or the Reserve Forces Act 1996 (c. 14) or under any other call-out obligation of an
officer;
(b) in home defence service on call-out under section 22 of the Reserve Forces Act 1980;
(c) in full-time service under a commitment entered into under section 24 of the Reserve
Forces Act 1996;
(d) undertaking any training or duty (whether or not in pursuance of an obligation); or
(e) serving on the permanent staff of a reserve force.
Amendments Pending
Commencement
Pt 19 c. 1 s. 367(1)-(2)(e): January 1, 2008 for purposes specified in SI 2007/2913 art.3; October 1, 2008 for the
purpose specified in SI 2008/1650 art.2(c); October 31, 2009 otherwise (SI 2007/2913 art. 3; SI 2008/1650 art. 2(c);
SI 2009/1167 art. 4)
Extent
Pt 19 c. 1 s. 367(1)-(2)(e): United Kingdom (extends to the Isle of Man and the British overseas territories and may
Law In Force
368 References to members of the regular forces

(1) Subsections (2) and (3) apply for the purposes of this Act.
(2) A person recalled to service under–
(a) any provision of the Reserve Forces Act 1980 or the Reserve Forces Act 1996, or
(b) any other recall obligation of an officer,
is to be regarded as being a member of the regular forces from acceptance into service to release
or discharge.
(3) Subject to subsection (2), an officer who is not on the active list is not to be regarded as being
a member of the regular forces.
(4) For the purposes of subsection (3), an officer is on the active list if (and only if) any of the
following provides that an officer of his description is on such a list–
(a) Queen's Regulations;
(b) Royal Warrant;
(c) an order under section 2 of the Air Force (Constitution) Act 1917 (c. 51).
Amendments Pending
Commencement
Pt 19 c. 1 s. 368(1)-(4)(c): January 1, 2008 (SI 2007/2913 art. 3)
Extent
Law In Force
369 Members of British overseas territories' forces serving with UK forces

(1) While a member of a British overseas territory force is undertaking any duty with or training
with a regular or reserve force (“the relevant force”)–
(a) subsection (2) applies to him; and
(b) nothing in section 357 (power of British overseas territory to apply this Act, etc) applies
in relation to him.
(2) A person to whom this subsection applies–
(a) is subject to service law; and
(b) shall (subject to subsection (3)) be treated as if he were a member of the relevant force
of relative rank or rate.
(3) The Secretary of State may by order modify any provision of this Act in its application to a
member of a British overseas territory force who is or has been within subsection (1).
“British overseas territory force” means any of Her Majesty's forces that is raised under the
law of a British overseas territory;
“relative rank or rate”, in relation to a person to whom subsection (2) applies, means such
rank or rate of the relevant force as may be prescribed by Queen's Regulations for a person
of his description.
Amendments Pending
Commencement
Pt 19 c. 1 s. 369(1)-(4) definition of "relative rank or rate": January 1, 2008 (SI 2007/2913 art. 3)
Extent
Pt 19 c. 1 s. 369(1)-(4) definition of "relative rank or rate": United Kingdom (extends to the Isle of Man and the British
this Act)
Civilians subject to service discipline
Law In Force
370 Civilians subject to service discipline

(1) In this Act “civilian subject to service discipline” means a person who–
(a) is not subject to service law; and
(b) is within any paragraph of Part 1 of Schedule 15.
(2) Part 2 of Schedule 15 (exclusion and definitions relating to Part 1) has effect.
Amendments Pending
Commencement
Pt 19 c. 1 s. 370(1)-(2): March 28, 2009 for the purpose March 28, 2009 for the purpose of enabling the Defence
Council, or an officer authorised by the Defence Council, to make designations for the purposes of 2006 c.52 Sch.15
para.7; October 31, 2009 otherwise (SI 2009/812 art. 3(c); SI 2009/1167 art. 4)
Extent
Naval chaplains
Law In Force
371 Naval chaplains

(1) The Secretary of State may by regulations provide that such references in this Act–
(a) to an officer, or
(b) to an officer of a particular description,
as may be prescribed by the regulations include references to a naval chaplain or to a naval chaplain
of a description prescribed by the regulations.
(2) The regulations may make such modifications of this Act as appear appropriate in consequence
of the fact that naval chaplains do not have a rank.
(3) In this section “naval chaplain” means a chaplain in the Royal Navy, the Royal Fleet Reserve
or the Royal Naval Reserve.
Amendments Pending
Commencement
Extent
[ Protected prisoners of war ] 1
Notes
1
Law In Force
[ 371A Power to make provision in relation to protected prisoners of war

(1) Her Majesty may by warrant make provision with respect to protected prisoners of war.
(2) A Royal Warrant made under this section may in particular make provision in relation to
protected prisoners of war which—
(a) applies any relevant provision, or
(b) is equivalent to that made by any relevant provision,
subject to such modifications as may be contained in the Royal Warrant.
(3) In subsection (2) “relevant provision” means any provision of or made under this Act (including
any provision creating a service offence), other than any provision of or made under Part 14, 15 or
16.
(4) The Secretary of State must publish a Royal Warrant made under this section in such a way as
appears to the Secretary of State to be appropriate.
(5) Section 373(5) (power to make supplementary provision etc) applies in relation to Royal Warrants
under this section.
(6) In this section “protected prisoner of war” means a person—
(a) who is a protected prisoner of war within the meaning given by section 7 of the Geneva
Conventions Act 1957; and
(b) as respects whom the United Kingdom is the detaining power for the purposes of the
Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949 (set
out in the Third Schedule to that Act).
1
]
Notes
1
Amendments Pending
Extent
CHAPTER 2
OTHER SUPPLEMENTARY PROVISIONS
Law In Force
372 Evidence in proceedings before civilian courts

The Secretary of State may by regulations make provision with respect to evidence, including the
admissibility of evidence, in proceedings for an offence created by or under this Act before a civilian
court in–
(a) any part of the United Kingdom;
Amendments Pending

Pt 19 c. 2 s. 372(c): words inserted by Armed Forces Bill 2015 (HC Bill 70) Sch. 1 para. 12 (date to be appointed)
Commencement
Pt 19 c. 2 s. 372(a)-(c): March 28, 2009 for the purpose of enabling the Secretary of State to make orders, regulations
Extent
Pt 19 c. 2 s. 372(a)-(c): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend
Law In Force
373 Orders, regulations and rules

(1) Any power to make orders, regulations or rules conferred by this Act on the Secretary of State
is exercisable by statutory instrument.
[ (1A) The powers conferred by paragraphs 6 and 7 of Schedule 2A on the Lord Chancellor to make
regulations are exercisable by statutory instrument. ] 1
(2) The powers conferred by [ sections 20A, 36, 93F, 132, 135, 164, 173, 174, 328 to 331 and
340 ] 2 on the Defence Council to make regulations are exercisable by statutory instrument; and
the Statutory Instruments Act 1946 (c. 36) applies in relation to those powers as if the Defence
Council were a Minister of the Crown.
(3) A statutory instrument containing–
(a) an order under [ section 53, 89, 113, 276A(7), 324(2)(h), 379 or 381 ] 3 ,
(b) an order under section 323 which by virtue of section 323(4)(c) makes any provision
adding to, replacing or omitting any part of the text of an Act,
(c) regulations under section 128 which make provision of a kind mentioned in section
128(2)(c) or (e) or prescribe documents for the purposes of section 118(2)(b),
(d) regulations under [ section 20A, 271, 334(2), 336(5)(a), 336A or 338 ] 4 ,
(e) regulations under section 328 which make provision of a kind mentioned in section
328(2)(c),
(f) rules under section 163 which–
(i) by virtue of section 155 make provision about the constitution of the Court
Martial, or
(ii) make provision authorised by section 165, or
(g) rules under [ section 232F ] 5 ,
may not be made unless a draft of the instrument has been laid before, and approved by resolution
of, each House of Parliament.
(4) Any other statutory instrument under this Act, except one containing only an order under any
of sections 382 to 384, shall be subject to annulment in pursuance of a resolution of either House
of Parliament.
(5) Any order, regulations or rules made under this Act may–
(a) contain incidental, supplemental, consequential, transitional, transitory and saving
provision;
(b) make different provision for different cases.
(6) Where a provision of this Act confers a power to make an order containing provision equivalent
to a provision of PACE, the order may apply that provision of PACE with modifications.
Notes
1
2
Word inserted by Armed Forces Act 2011 c. 18 Sch.4 para.14(2)(b) (March 8, 2012)
3
Words inserted by Criminal Justice and Immigration Act 2008 c. 4 Sch.25(2) para.31 (October 31, 2009)
4
Word inserted by Armed Forces Act 2011 c. 18 Sch.4 para.14(3)(b) (March 8, 2012)
5
Words repealed by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.13(1) para.4 (December
3, 2012: repeal has effect as SI 2012/2906 subject to transitional and transitory provisions specified in 2012 c.12
Sch.15)
Amendments Pending
Pt 19 c. 2 s. 373(2): words substituted by Armed Forces (Service Complaints and Financial Assistance) Act 2015 c.
19 Sch. 1 para. 10(a) (date to be appointed)
Pt 19 c. 2 s. 373(3)(d): words substituted by Armed Forces (Service Complaints and Financial Assistance) Act 2015
c. 19 Sch. 1 para. 10(b) (date to be appointed)

Pt 19 c. 2 s. 373(2): word inserted by Armed Forces Bill 2015 (HC Bill 70) s. 2(8)(a) (date to be appointed)
Pt 19 c. 2 s. 373(3)(d): word inserted by Armed Forces Bill 2015 (HC Bill 70) s. 2(8)(b) (date to be appointed)
Commencement
Pt 19 c. 2 s. 373(1)-(6): November 8, 2006 (2006 c. 52 Pt 19 c. 4 s. 383(1))
Extent
CHAPTER 3
INTERPRETATION
Law In Force
374 Definitions applying for purposes of whole Act

In this Act, unless the context otherwise requires–
“the 2003 Act” means the Criminal Justice Act 2003 (c. 44);
“absolute discharge”has the meaning given by section 185;
“additional duties commitment” means a commitment entered into under section 25 of the
Reserve Forces Act 1996 (c. 14), and references to a person being subject to such a
commitment are to be read in accordance with section 377(4) of this Act;
“aircraft” means any machine capable of flight (whether or not propelled by mechanical
means), including any description of balloon;
“airman” means a person whose rank is junior technician, senior aircraftman, leading
aircraftman or aircraftman;
“associated”, in relation to offences, is to be read in accordance with section 161(1) of the
Sentencing Act;
“British overseas territory police force”has the meaning given by section 375;
“capable of being heard summarily”, in relation to a charge, is to be read in accordance
with section 52;
“civilian court” means a court of ordinary criminal jurisdiction;
“civilian subject to service discipline”has the meaning given by section 370;
“commanding officer”is to be read in accordance with section 360;
“Commonwealth country” means a country, other than the United Kingdom, that is a member
of the Commonwealth;
“Commonwealth force” means a force of a Commonwealth country;
“community punishment” means–
(a) a service community order; or
(b) an overseas community order;
“conditional discharge”has the meaning given by section 185;

“the corresponding offence under the law of England and Wales”, in relation to an offence
under section 42, has the meaning given by that section;
“the court administration officer” means the court administration officer for the Court
Martial, the Service Civilian Court and the Summary Appeal Court appointed under section
363;
“Court Martial rules”has the meaning given by section 163(1);
“the Crown Court” means the Crown Court in England and Wales;
“custodial sentence” means–
(a) a sentence of imprisonment (as to which, see section 208);
(b) a sentence of detention under section 209 (certain young offenders);
(c) an order under section 211 (detention and training for young offenders);
(d) a sentence of detention during Her Majesty's pleasure under section 218;
(e) a sentence of detention for public protection under section 226 of the 2003 Act
passed as a result of section 221 of this Act; […]1
[ (ea) a sentence of detention under section 226B of that Act passed as a result of
section 221A of this Act; or ] 1
(f) a sentence of detention under section 228 of that Act passed as a result of section
222 of this Act;
“deserting”has the meaning given by section 8, and references to desertion are to be read
accordingly;
“the Director of Service Prosecutions” means the person appointed under section 364;
“enemy”includes–
(a) all persons engaged in armed operations against any of Her Majesty's forces or
against any force co-operating with any of Her Majesty's forces;
(b) all pirates; and
(c) all armed mutineers, armed rebels and armed rioters;
“an ex-regular reserve force” means the Royal Fleet Reserve, the [ Regular Reserve ] 2 or
the Royal Air Force Reserve ;
“fit to stand trial”is to be read in accordance with section 166(2);
“guardian”has the same meaning as in the Children and Young Persons Act 1933 (c. 12);
“Her Majesty's air forces”, “Her Majesty's forces” and “Her Majesty's military forces”do
not include any Commonwealth force;
“higher authority”has the meaning given by section 361;
“judge advocate”has the meaning given by section 362;
“mental disorder”has the same meaning as in the Mental Health Act 1983 (c. 20) and
“mentally disordered”is to be read accordingly;
“minor punishment” means a punishment under row 7 of the Table in section 132 or row
11 of the Table in section 164;
“non-commissioned officer”includes a person whose rate is chief petty officer, petty officer
or leading rate;
“officer”includes a midshipman;
“overseas community order”has the meaning given by section 182;
“overseas police force”has the meaning given by section 375;
“PACE” means the Police and Criminal Evidence Act 1984 (c. 60);
“the prescribed sum”has the meaning given by section 32(9) of the Magistrates' Courts Act
1980 (c. 43);
“property”includes– s
(a) real property in England, Wales or Northern Ireland;
(b) heritable property in Scotland;
(c) property outside the United Kingdom in the nature of real property;
“provost officer” means an officer who is a service policeman;
“the regular army” means any of Her Majesty's military forces other than–
(a) the [ Regular Reserve ] 2 ;
(b) the [ Army Reserve ] 3 ; and
(c) forces raised under the law of a British overseas territory;
“the regular forces” means the Royal Navy, the Royal Marines, the regular army or the
Royal Air Force, and references to “a regular force”are to be read accordingly;
“the reserve forces” means the Royal Fleet Reserve, the Royal Naval Reserve, the Royal
Marines Reserve, the [ Regular Reserve ] 2 , the [ Army Reserve ] 3 , the Royal Air Force
Reserve or the Royal Auxiliary Air Force , and references to “a reserve force”are to be read
accordingly;
“SAC rules”has the meaning given by section 151(1);
“SCC rules”has the meaning given by section 288(1);
“the Sentencing Act” means the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6);
“service community order”has the meaning given by section 178;
“service compensation order”has the meaning given by section 175;
“the Service Complaints Commissioner” means the person appointed under section 366;
“service detention” means detention under row 1 of the Table in section 132 or row 4 of
the Table in section 164;
“service offence”has the meaning given by section 50;
“service police force” and “service policeman”have the meanings given by section 375;
“the Service Prosecuting Authority” means the Director of Service Prosecutions and the
persons appointed under section 365 (prosecuting officers);
“service supervision and punishment order”has the meaning given by section 173;
“ship”includes a hovercraft and any description of vessel;
“standard scale”is to be read in accordance with section 377(5) and (7);
“statutory maximum”is to be read in accordance with section 377(6) and (7);
“subject to service law”is to be read in accordance with sections 367 to 369 of this Act and
section 4(3)(a) (attached Commonwealth personnel) of the Visiting Forces (British
Commonwealth) Act 1933 (c. 6);
“superior officer”, in relation to a person (“A”), means an officer, warrant officer or
non-commissioned officer who is subject to service law and–
(a) is of superior rank or rate to A; or
(b) is of equal rank or rate to A and is exercising authority as A's superior;
“suspended sentence of imprisonment” means a sentence to which an order under section
189(1) of the 2003 Act relates;
“suspended sentence of service detention”has the meaning given by section 190;
“UK police force”has the meaning given by section 375;
“unfit to stand trial”is to be read in accordance with section 166(2);
“a volunteer reserve force” means the Royal Naval Reserve, the Royal Marines Reserve,
the [ Army Reserve ] 3 or the Royal Auxiliary Air Force .
Notes
1
2012)
2
3
Words substituted by Defence Reform Act 2014 c. 20 Pt 3 s.44(3)(b) (October 1, 2014)
Amendments Pending
Pt 19 c. 3 s. 374 definition of "the Service Complaints Commissioner": definition repealed by Armed Forces (Service
Complaints and Financial Assistance) Act 2015 c. 19 Sch. 1 para. 11(a) (date to be appointed)
Pt 19 c. 3 s. 374 definition of "the Service Complaints Ombudsman": definition inserted by Armed Forces (Service
Complaints and Financial Assistance) Act 2015 c. 19 Sch. 1 para. 11(b) (date to be appointed)
Commencement
Pt 19 c. 3 s. 374 definition of "the 2003 Act"- definition of "associated", definition of "capable of being heard summarily",
definition of "civilian subject to service disciplin"- definition of "guardian", definition of "higher authority"- definition
of "non commissioned officer", definition of "overseas community order", definition of "PACE"- definition of "the
regular army" (c), definition of "SAC rules"- definition of "service offence", definition of "the Service Prosecuting
Authority"- definition of "statutory maximum", definition of "superior officer"- definition of "suspended sentence of
service detenti", definition of "unfit to stand trial"- definition of "a volunteer reserve force": October 31, 2009 (SI
2009/1167 art. 4)
Pt 19 c. 3 s. 374 definition of "British overseas territory police for", definition of "civilian court", definition of "overseas
police force", definition of "UK police force": October 1, 2008 (SI 2008/1650 art. 2(b))
Pt 19 c. 3 s. 374 definition of "Her Majesty": October 1, 2008 for the purpose specified in SI 2008/1650 art.2(b);
October 31, 2009 otherwise (SI 2008/1650 art. 2(b); SI 2009/1167 art. 4)
Pt 19 c. 3 s. 374 definition of "officer", definition of "the regular forces"- definition of "the reserve forces", definition
of "service police force", definition of "subject to service law": January 1, 2008 (SI 2007/2913 art. 3)
Extent
Pt 19 c. 3 s. 374 definition of "the 2003 Act"- definition of "custodial sentence" (e), definition of "custodial sentence"
(f)- definition of "a volunteer reserve force": United Kingdom (extends to the Isle of Man and the British overseas
Pt 19 c. 3 s. 374 definition of "custodial sentence" (ea): United Kingdom
Law In Force
375 Definitions relating to police forces

(1) In this Act “service police force” means–
(a) the Royal Navy Police;
(b) the Royal Military Police; or
(c) the Royal Air Force Police;
and “service policeman” means a member of a service police force.
(2) In this Act “UK police force” means–

(a) the Ministry of Defence Police;
(b) any police force maintained under section 2 of the Police Act 1996 (c. 16) (police forces
in England and Wales outside London);
(c) the metropolitan police force;
(d) the City of London police force;
[ (e) the Police Service of Scotland; ] 1
(f) the Police Service of Northern Ireland; or
(g) the Isle of Man Constabulary.
(3) In this Act “British overseas territory police force” means any force or body which–
(a) is constituted in a British overseas territory; and
(b) is engaged in the carrying on of activities similar to any carried on by a service police
force or UK police force.
(4) In this Act “overseas police force” means any force or body which–
(a) is constituted outside the United Kingdom and the Isle of Man; and
(b) is engaged in the carrying on of activities similar to any carried on by a service police
force or UK police force.
(5) […]2
Notes
1
Substituted by Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order
2013/602 Sch.2(1) para.56 (April 1, 2013: substitution has effect subject to transitional provisions specified in SI
2013/602 Sch.3 para.9(1))
2
Amendments Pending
Commencement
Pt 19 c. 3 s. 375(1)-(1)(c), (5)-(5)(b): January 1, 2008 (SI 2007/2913 art. 3)
Pt 19 c. 3 s. 375(2)-(4)(b): October 1, 2008 (SI 2008/1650 art. 2(d))
Extent
Law In Force
376 “Conviction”, “sentence” etc in relation to summary hearings and the SAC
(1) Where a charge against a person in respect of an offence is heard summarily by an officer,
subsections (2) to (4) apply for the purposes of references in this Act to conviction, acquittal,
sentence or passing sentence, or to any related expressions.
(2) If the officer records a finding that the charge has been proved, or the Summary Appeal Court
substitutes a finding that a charge in respect of another offence has been proved, that shall be treated
as a conviction.
(3) Any punishment awarded by the officer, or by the Summary Appeal Court, shall be treated as
a sentence.
(4) If the officer dismisses the charge under section 131, or the Summary Appeal Court quashes a
finding that the charge has been proved, that shall be treated as an acquittal.
(5) In this Act “in open court”, in relation to a summary hearing by an officer, means in the presence
of the offender.
Amendments Pending
Commencement
Extent
Law In Force
377 Further interpretive provisions

(1) For the purposes of any provision of this Act which requires the determination of the age of a
person by the court, an officer or a judge advocate, his age is to be taken to be that which it appears
to the court, officer or judge advocate to be after considering any available evidence.
(2) Any reference in this Act to an offence punishable with imprisonment shall be construed without
regard to any prohibition or restriction imposed on the imprisonment of young offenders.
(3) The question whether a member of a regular or reserve force (“force A”) is for the purposes of
any provision of this Act of inferior, equal or superior rank or rate to a member of any other such
force (“force B”) is to be decided by reference to any provision made by Queen's Regulations which
lays down how the ranks or rates in force A relate to the ranks or rates in force B.
(4) For the purposes of this Act, a person is subject to an additional duties commitment if–
(a) he has entered into such a commitment; and

(b) the commitment is still in force.
(5) Any reference in this Act to a specified level on the standard scale is to the amount specified,
in relation to that level, in the standard scale for the time being set out in section 37 of the Criminal
Justice Act 1982 (c. 48).
(6) Any reference in this Act to the statutory maximum is to the prescribed sum within the meaning
of section 32 of the Magistrates' Courts Act 1980 (c. 43).
(7) But subsections (5) and (6) do not apply in relation to any offence in Scotland or Northern
Ireland under–
(a) section 344, 345 or 346; or
(b) regulations made by virtue of section 328(4)(b) or 343(5)(b).
Amendments Pending
Commencement
Extent
CHAPTER 4
FINAL PROVISIONS
Law In Force
378 Minor and consequential amendments and repeals

(1) Schedule 16 (minor and consequential amendments) has effect.
(2) The provisions specified in Schedule 17 are hereby repealed or revoked to the extent specified
there.
Amendments Pending
Commencement
Pt 19 c. 4 s. 378(1): June 4, 2007 for provisions specified in SI 2007/1442 art.2(1); October 15, 2007 for provisions
specified in SI 2007/2913 art.2; January 1, 2008 for provisions specified in SI 2007/2913 art.3; October 31, 2009
otherwise (SI 2007/1442 art. 2(1); SI 2007/2913 art. 2, art. 3; SI 2009/1167 art. 4)
Pt 19 c. 4 s. 378(2): November 8, 2006 for the repeal specified in 2006 c.52 s.383(1); January 1, 2008 for repeals
specified in SI 2007/2913 art.3; October 1, 2008 for repeals specified in SI 2008/1650 arts 2(e) and 4(c); October 31,
2009 otherwise (SI 2007/2913 art. 3; SI 2008/1650 art. 2(e), art. 4(c); SI 2009/1167 art. 4; 2006 c. 52 Pt 19 c. 4 s.
383(1))
Extent
Pt 19 c. 4 s. 378(1)-(2): United Kingdom (s.378(1) is extended to Jersey by SI 2010/765 art.5)
Law In Force
379 Power to make further amendments and repeals

(a) amend or repeal any enactment passed before or in the same session as this Act;
(b) amend or revoke subordinate legislation made before the passing of this Act.
(a) “enactment”includes an Act of the Scottish Parliament and Northern Ireland legislation;
(b) the reference to subordinate legislation includes an instrument made under such an Act
or under Northern Ireland legislation.
(3) An order under subsection (1) may be made only for the purposes of–
(a) supplementing or giving full effect to this Act; or
(b) making provision consequential on the passing of this Act.
Amendments Pending
Commencement
Pt 19 c. 4 s. 379(1)-(3)(b): June 4, 2007 (SI 2007/1442 art. 2(2))
Extent
Law In Force
380 Power to make transitional and transitory provision

(1) The Secretary of State may by order make transitional provision in connection with the coming
into force of any provision made by or under this Act, including savings from the effect of any
repeal or revocation so made.
(2) An order under subsection (1) may in particular make provision–
(a) about the effect of liabilities incurred and other things done before commencement,
including provision for and about the investigation, trial and punishment of offences
committed before commencement;
(b) for and about the continuation of any proceedings begun before commencement;
(c) about the punishments and orders available to courts or other persons before whom
proceedings take place in respect of offences committed before commencement;
(d) about the effect of punishments awarded and orders made in respect of offences
committed before commencement.
(3) An order under subsection (1) may–
(a) confer jurisdiction on any court;
(b) confer functions on a person's commanding officer, the Director of Service Prosecutions,
the prosecuting authority within the meaning of any of the Army Act 1955 (3 & 4 Eliz. 2
c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c.
53), or on service policemen;
(c) confer powers of arrest, search and entry;
(d) authorise the keeping of persons in service custody, and the imposition of requirements
(4) The Secretary of State may by order provide that–
(a) until the coming into force of any enactment specified in the order, or
(b) in relation to any offence committed or other thing done before the coming into force
of such an enactment,
any provision of this Act or amended by or under this Act has effect with such modifications as
may be specified by the order.
(5) In subsection (4)(a) and (b) “enactment”includes any provision of this Act.
(6) If any provision made by or under this Act is to come into force before the day on which section
61 of the Criminal Justice and Court Services Act 2000 (c. 43) (abolition of certain custodial
sentences for young offenders) comes into force (or fully into force), an order under subsection (4)
may provide for custodial punishments specified in the order to be available in respect of offenders
who are convicted aged 18 or over but under 21.
(7) The powers conferred by this section may not be exercised so as to allow the imposition in
respect of an offence of a punishment more severe than that which was applicable when the offence
was committed.
(8) An order under this section may modify, exclude or apply (with or without modifications) any
enactment or subordinate legislation, including–
(a) any provision of or made under this Act;
(b) any provision of or made under an enactment repealed by this Act.
[ (8A) The power under subsection (1) to make transitional provision in connection with the coming
into force of any provision made by or under this Act includes power, where this Act or any provision
made under it is amended, to amend any earlier order under this section. ] 1
(9) […]2
(10) In this section “commencement” means the commencement of such provisions of this Act as
may be specified by the order.
Notes
1
Added by Armed Forces Act 2011 c. 18 Sch.3 para.23 (March 8, 2012)
2
Repealed by Armed Forces Act 2011 c. 18 Sch.4 para.15 (March 8, 2012)
Amendments Pending

Pt 19 c. 4 s. 380(8A): words inserted by Armed Forces Bill 2015 (HC Bill 70) s. 17(6) (date to be appointed)
Commencement
Extent
Pt 19 c. 4 s. 380(1)-(8)(b), (9)-(10): United Kingdom (extends to the Isle of Man and the British overseas territories
Law In Force
381 Alignment of SDAs etc with this Act

(1) The Secretary of State may by order amend or repeal any provision of an enactment within
subsection (3) for the purpose of reducing or eliminating any difference between the effect of the
enactments within that subsection and the effect of this Act.
(2) An order under subsection (1) may amend an enactment within subsection (3) in such a way as
to confer on any person a power to make subordinate legislation.
(3) The enactments are–
(a) the Army Act 1955;
(b) the Air Force Act 1955;

(c) the Naval Discipline Act 1957;
(d) the Army and Air Force Act 1961 (c. 52);
(e) the Armed Forces Act 1966 (c. 45);
(f) such provisions of the following Acts as are repealed by this Act–
(i) the Armed Forces Act 1976 (c. 52);
(ii) the Reserve Forces Act 1980 (c. 9);
(iii) the Armed Forces Act 1981 (c. 55);
(iv) the Armed Forces Act 1991 (c. 62);
(v) the Reserve Forces Act 1996 (c. 14);
(vi) the Armed Forces Act 2001 (c. 19).
Amendments Pending
Commencement
Pt 19 c. 4 s. 381(1)-(3)(f)(vi): June 4, 2007 (SI 2007/1442 art. 2(2))
Extent
Pt 19 c. 4 s. 381(1)-(3)(f)(vi): United Kingdom (extends to the Isle of Man and the British overseas territories and may
Law In Force
[ 382 Duration of this Act

(1) This Act expires at the end of one year beginning with the day on which the Armed Forces Act
2011 is passed (but this is subject to subsection (2)).
(2) Her Majesty may by Order in Council provide that, instead of expiring at the time it would
otherwise expire, this Act shall expire at the end of a period of not more than one year from that
time.
(3) Such an Order may not provide for the continuation of this Act beyond the end of the year 2016.
(4) No recommendation may be made to Her Majesty in Council to make an Order under subsection
(2) unless a draft of the Order has been laid before, and approved by resolution of, each House of
Parliament.
]1
Notes
1
Substituted by Armed Forces Act 2011 c. 18 s.1 (November 3, 2011)
Amendments Pending

Pt 19 c. 4 s. 382: substituted by Armed Forces Bill 2015 (HC Bill 70) s. 1(1) (date to be appointed)
Commencement
Pt 19 c. 4 s. 382(1)-(6): November 8, 2006 (2006 c. 52 Pt 19 c. 4 s. 383(1))
Extent
Law In Force
383 Commencement
(1) This section and sections 359, 373, 382, 384 and 386, and the repeal by this Act of section 1 of
the Armed Forces Act 2001 (c. 19), come into force on the day on which this Act is passed.
(2) The other provisions of this Act come into force on such day as the Secretary of State may by
order appoint (and different days may be appointed for different purposes).
Amendments Pending
Commencement
Pt 19 c. 4 s. 383(1)-(2): November 8, 2006
Extent
Law In Force
384 Extent to Channel Islands, Isle of Man and British overseas territories
(1) Her Majesty may by Order in Council provide for all or any of the provisions of this Act to
extend to any of the Channel Islands with such modifications as may be specified in the Order.
(2) This Act extends to–
(a) the Isle of Man, and

(b) the British overseas territories,
subject to such modifications as Her Majesty may by Order in Council specify.
[ (3) Paragraph 5(ba) of Schedule 9 does not extend to the Isle of Man or the British overseas
territories. ] 1
Notes
1
Added by Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012/2404 Sch.2
para.59(2) (October 1, 2012: insertion has effect subject to transitional provisions specified in SI 2012/2404 art.5)
Amendments Pending

Pt 19 c. 4 s. 384(2)(b): words inserted by Armed Forces Bill 2015 (HC Bill 70) s. 13(3) (date to be appointed)
Commencement
Pt 19 c. 4 s. 384(1)-(2)(b): November 8, 2006 (2006 c. 52 Pt 19 c. 4 s. 383(1))
Extent
Law In Force
385 Extent of applied enactments

(1) Where a provision of or made under an Act is applied by or under this Act (by whatever words),
the extent of the provision as so applied is not affected by anything that limits the extent of the
provision as it applies apart from this Act.
(2) The provision as so applied is to be treated for the purposes of section 384 as if it were contained
in this Act.
Amendments Pending
Commencement
Extent
Law In Force
386 Short title

This Act may be cited as the Armed Forces Act 2006.
Amendments Pending
Commencement
Pt 19 c. 4 s. 386: November 8, 2006 (2006 c. 52 Pt 19 c. 4 s. 383(1))
Extent
SCHEDULE 1
CRIMINAL CONDUCT OFFENCES THAT MAY BE DEALT WITH AT A SUMMARY

HEARING
Sections 53, 54
PART 1
OFFENCES THAT MAY BE DEALT WITH WITHOUT PERMISSION
Law In Force
1
An offence under section 1 of the Theft Act 1968 (c. 60) (theft).
Amendments Pending
Sch. 1(1) para. 1: repealed by Armed Forces Act 2006 c. 52 Pt 19 c. 4 s. 382 (November 2, 2016: repeal originally
Commencement
Sch. 1(1) para. 1: October 31, 2009 (SI 2009/1167 art. 4)
Extent
Sch. 1(1) para. 1: United Kingdom (extends to the Isle of Man and the British overseas territories and may extend to
Law In Force
2
An offence under section 12 of that Act (taking vehicle etc without consent).
Amendments Pending
Commencement
Extent
Law In Force
3
An offence under section 5(2) of the Misuse of Drugs Act 1971 (c. 38) (possession of controlled
drug).
Amendments Pending
Commencement
Extent
Law In Force
4
An offence under section 1(1) of the Criminal Damage Act 1971 (c. 48) (criminal damage).
Amendments Pending
Commencement
Extent
Law In Force
5
An offence under section 3 of the Theft Act 1978 (c. 31) (making off without payment) where the
payment required or expected did not exceed £100.
Amendments Pending
Commencement
Extent
Law In Force
6
An offence under section 9 of the Criminal Attempts Act 1981 (c. 47) (interference with vehicles).
Amendments Pending
Commencement
Extent
Law In Force
7
An offence under section 39 of the Criminal Justice Act 1988 (c. 33) (assault and battery).
Amendments Pending
Commencement
Extent
Law In Force
8
An offence under section 3 of the Road Traffic Act 1988 (c. 52) (careless driving etc).
Amendments Pending
Commencement
Extent
Law In Force
9
An offence under section 5 of that Act (driving a vehicle where driver has consumed excessive
amount of alcohol etc).
Amendments Pending
Commencement
Extent
Scotland and Northern Ireland | England and Wales
[NOTE: not yet in force otherwise.]

England and Wales
[ 9A
An offence under section 5A of that Act (driving a vehicle with concentration of specified controlled
drug above specified limit).
]1
Notes
1
Added by Crime and Courts Act 2013 c. 22 Sch.22 para.17 (March 2, 2015: insertion has effect as SI 2014/3268
subject to savings and transitional provisions as specified in 2013 c.22 s.15 and Sch.8)
Amendments Pending
Sch. 1(1) para. 9A: repealed by Armed Forces Act 2006 c. 52 Pt 19 c. 4 s. 382 (November 2, 2016: repeal originally
Sch. 1(1) para. 9A: added by Crime and Courts Act 2013 c. 22 Sch. 22 para. 17 (date to be appointed: insertion has
effect subject to savings and transitional provisions as specified in 2013 c.22 s.15 and Sch.8)
Extent
Sch. 1(1) para. 9A: United Kingdom
Law In Force
10
An offence under section 25 of that Act (tampering with vehicles etc) where the vehicle was on a
road.
Amendments Pending
Commencement
Extent
Law In Force
11
An offence under section 28 of that Act (dangerous cycling).
Amendments Pending
Commencement
Extent
Law In Force
12
An offence under section 29 of that Act (careless cycling etc).
Amendments Pending
Commencement
Extent
PART 2
OFFENCES THAT MAY BE DEALT WITH ONLY WITH PERMISSION

Law In Force
13
An offence under section 47 of the Offences against the Person Act 1861 (c. 100) (assault occasioning
actual bodily harm).
Amendments Pending
Commencement
Extent
Law In Force
14
An offence under section 1 of the Prevention of Crime Act 1953 (c. 14) (possession in public place
of offensive weapon).
Amendments Pending
Commencement
Extent
Law In Force
15
An offence under section 13 of the Theft Act 1968 (c. 60) (abstracting of electricity).
Amendments Pending
Commencement
Extent
Law In Force
16
An offence under section 139 of the Criminal Justice Act 1988 (c. 33) (possession in public place
of point or blade).
Amendments Pending
Commencement
Extent
Law In Force
17
An offence under section 125 of the Communications Act 2003 (c. 21) (dishonestly obtaining
electronic communications services).
Amendments Pending
Commencement
Extent
Law In Force
18
An offence under section 126 of that Act (possession or supply of apparatus etc for contravening
s.125 of that Act).
Amendments Pending
Commencement
Extent
Law In Force
19
An offence under section 1 of the Fraud Act 2006 (fraud).
Amendments Pending
Commencement
Extent
Law In Force
20
An offence under section 11 of that Act (dishonestly obtaining services).
Amendments Pending
Commencement
Extent
SCHEDULE 2
“SCHEDULE 2 OFFENCES”
Sections 113, 116
Law In Force
1
An offence under section 1 (assisting an enemy).
Amendments Pending
Sch. 2 para. 1: repealed by Armed Forces Act 2006 c. 52 Pt 19 c. 4 s. 382 (November 2, 2016: repeal originally came

Sch. 2 para. 1: words substituted by Armed Forces Bill 2015 (HC Bill 70) s. 3(8) (date to be appointed)
Commencement
Sch. 2 para. 1: October 31, 2009 (SI 2009/1167 art. 4)
Extent
Sch. 2 para. 1: United Kingdom (extends to the Isle of Man and the British overseas territories and may extend to the
Law In Force
2
An offence under section 2(1) (misconduct on operations).
Amendments Pending

Commencement
Extent
Law In Force
3
An offence under section 3 (obstructing operations) which relates to an action or operation against
an enemy.
Amendments Pending

Commencement
Extent
Law In Force
4
An offence under section 4(1) or (2) (looting).
Amendments Pending

Commencement
Extent
Law In Force
5
An offence under section 6 (mutiny).
Amendments Pending

Commencement
Extent
Law In Force
6
An offence under section 7 (failure to suppress mutiny).
Amendments Pending

Commencement
Extent
Law In Force
7
An offence under section 8 (desertion) where the accused intended to avoid a period of active
service (within the meaning of that section).
Amendments Pending

Commencement
Extent
Law In Force
8
An offence under section 31(1) (hazarding of ship).
Amendments Pending

Commencement
Extent
Law In Force
9
An offence under section 33(1) (dangerous flying etc).
Amendments Pending

Commencement
Extent
Law In Force
10
An offence under section 39 of attempting to commit an offence within any of paragraphs 1 to 9.
Amendments Pending

Commencement
Extent
Law In Force
11
An offence under section 40 of [ encouraging or assisting the commission of ] 1 an offence within
any of paragraphs 1 to 9.
Notes
1
Words substituted by Serious Crime Act 2007 c. 27 Sch.5 para.13(a) (October 31, 2009: substitution came into
force on October 1, 2008 but could not take effect until the commencement of 2006 c.52 sch.2 para.11 on October
31, 2009)
Amendments Pending

Commencement
Extent
Law In Force
12
An offence under section 42 (criminal conduct) as respects which the corresponding offence under
the law of England and Wales is–
(a) murder;
(b) manslaughter;
(c) kidnapping;
(d) high treason;
(e) piracy;
(f) cheating the public revenue;
(g) an offence under section 2 of the Treason Act 1842 (c. 51) (attempt to injure or alarm
the Sovereign);
(h) an offence under section 3 of the Treason Felony Act 1848 (c. 12) (compassing the
deposition of the Sovereign etc);
(i) an offence under section 4, 18, 22, 23, 28 or 29 of the Offences against the Person Act
1861 (c. 100) (soliciting murder, wounding with intent, using chloroform etc to commit
indictable offence, administering poison, causing injury by explosives, using explosives
etc with intent);
(j) an offence under section 20 of that Act of inflicting grievous bodily harm;
(k) an offence under section 2 or 3 of the Explosive Substances Act 1883 (c. 3) (causing
explosion likely to endanger life or property etc);
(l)-(m) […]1
(n) an offence under section 1 or 2 of the Perjury Act 1911 (c. 6) (perjury or false statements
on oath);
(o) an offence under section 1 or 7 of the Official Secrets Act 1911 (c. 28) (spying or
harbouring spies);
(p) an offence under section 1 of the Infant Life (Preservation) Act 1929 (c. 34) (child
destruction);
(q) an offence under section 1 of the Children and Young Persons Act 1933 (c. 12) (cruelty
to children);
(r) an offence under section 1 of the Infanticide Act 1938 (c. 36) (infanticide);
[ (ra) an offence under section 1A of the Prevention of Crime Act 1953 (threatening with
offensive weapon in public); ] 2
(s) an offence under section 33 or 33A of the Sexual Offences Act 1956 (c. 69) (keeping
a brothel etc);
(t) an offence under section 1 of the Geneva Conventions Act 1957 (c. 52) (grave breaches
of conventions);
(u) an offence under section 2 of the Suicide Act 1961 (c. 60) (assisting suicide etc);
(v) an offence under section 5, 16, 16A, 17, 18 or 20 of the Firearms Act 1968 (c. 27)
(unlawful possession or use of firearm etc);
(w) an offence under section 8, 10 or 21 of the Theft Act 1968 (c. 60) (robbery, aggravated
burglary, blackmail);
(x) an offence under section 12A of that Act (aggravated vehicle taking) involving an
accident which caused the death of any person;
(y) an offence under section 4, 5(3) or 8 of the Misuse of Drugs Act 1971 (c. 38) (production
and supply of controlled drugs, possession of such drugs with intent to supply, permitting
production of such drugs);
(z) an offence under section 1(2) of the Criminal Damage Act 1971 (c. 48) (destroying or
damaging property with intent to endanger life);
(aa) an offence under section 1 of the Biological Weapons Act 1974 (c. 6) (developing
biological agents etc);
(ab) an offence under section 51 of the Criminal Law Act 1977 (c. 45) (bomb hoaxes);
(ac) an offence under section 1 of the Protection of Children Act 1978 (c. 37) (indecent
photographs of children);
(ad) an offence under section 170 of the Customs and Excise Management Act 1979 (c. 2)
(fraudulent evasion of duty etc);
(ae) an offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking);
(af) an offence under any of sections 1 to 4 of the Aviation Security Act 1982 (c. 36)
(hijacking, destroying, damaging or endangering safety of aircraft etc);
(ag) an offence under section 1 or 2 of the Child Abduction Act 1984 (c. 37) (abduction
of child);
(ah) an offence under any of [ sections 1, 18 to 23 and 29B to 29G of the Public Order Act
1986 (c. 64) ] 3 (riot, stirring up [ hatred by reference to race etc ] 4 , possession of
inflammatory material);
(ai) an offence under [ section 134, 139AA or 160 of the Criminal Justice Act 1988 (c.
33) ] 5 (torture, [ threatening with article with blade or point or offensive weapon, ] 6
possession of indecent photograph of child);
(aj) an offence under [ section 1, 1A, 3A or 22A of the Road Traffic Act 1988 (c. 52) ] 7
(causing death by dangerous driving, [ causing serious injury by dangerous driving, ] 8
causing death by careless driving when under the influence of drink or drugs, causing danger
to road-users);
(ak) an offence under any of sections 1 to 6 or 8(6) of the Official Secrets Act 1989 (c. 6)
(disclosure of information relating to security, intelligence, defence, international relations
etc);
[ (aka) an offence under section 3ZA of the Computer Misuse Act 1990 (unauthorised acts
causing, or creating risk of, serious damage); ] 9
(al) an offence under any of sections 1 or 9 to 13 of the Aviation and Maritime Security
Act 1990 (c. 31) (endangering safety at aerodromes, offences against the safety of ships
and fixed platforms);
(am) an offence under section 72 of the Value Added Tax Act 1994 (c. 23) (evasion of
VAT);
(an) an offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570)
(offences relating to Channel Tunnel trains and the tunnel system);
(ao) an offence under section 2 of the Chemical Weapons Act 1996 (c. 6) (use etc of
chemical weapons);
(ap) an offence under section 11, 12, 15, 16, 17, 18, 38B, 39, 54, 56, 57 or 58 of the
Terrorism Act 2000 (c.11);
(aq) an offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17)
(genocide, crimes against humanity, war crimes etc);
(ar) an offence under section 47, 79, 80, 113 or 114 of the Anti-terrorism, Crime and
Security Act 2001 (c. 24);
(as) an offence under section 1 of the Dealing in Cultural Objects (Offences) Act 2003 (c.
27) (dealing in tainted cultural objects);
(at) any offence under Part 1 of the Sexual Offences Act 2003 (c. 42) except one under
section 3, 66, 67 or 71;
(au) an offence under any of sections 1, 2, 5, 6 or 8 to 11 of the Terrorism Act 2006 [ ; ] 10
[ (av) an offence under section 62(1) of the Coroners and Justice Act 2009 (possession of
prohibited images of children) [ ; ] 11 ] 10
[ (aw) an offence under section 1, 2 or 6 of the Bribery Act 2010 [ ; ] 12 ] 11
[ (ax) an offence under section 69 of the Serious Crime Act 2015 (possession of paedophile
manual). ] 12
Notes
1
Repealed by Bribery Act 2010 c. 23 Sch.2 para.1 (July 1, 2011)
2
Added by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.26 para.30(2) (December 3,
2012)
3
Words substituted by Criminal Justice and Immigration Act 2008 c. 4 Sch.26(2) para.82(2)(a) (October 31, 2009)
4
Words substituted by Criminal Justice and Immigration Act 2008 c. 4 Sch.26(2) para.82(2)(b) (October 31, 2009)
5
Word inserted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.26 para.30(3)(a)
(December 3, 2012)
6
Words inserted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.26 para.30(3)(b)
(December 3, 2012)
7
Word inserted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.27 para.11(a) (December
3, 2012)
8
Words inserted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.27 para.11(b) (December
3, 2012)
9
Added by Serious Crime Act 2015 c. 9 Sch.4 para.75(a) (May 3, 2015)
10
Added by Coroners and Justice Act 2009 c. 25 Sch.21(3) para.64 (April 6, 2010)
11
Added by Bribery Act 2010 c. 23 Sch.1 para.11 (July 1, 2011)
12
Added by Serious Crime Act 2015 c. 9 Sch.4 para.75(b) (May 3, 2015)
Amendments Pending

Commencement
Sch. 2 para. 12(a)-(au): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Sch. 2 para. 12(a)-(r), (s)-(ak), (al)-(au): United Kingdom (extends to the Isle of Man and the British overseas territories
Sch. 2 para. 12(ra), (aka), (av)-(ax): United Kingdom
Law In Force
13
An offence under section 42 as respects which the corresponding offence under the law of England
and Wales is–
(a) an offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to
commit an offence within a sub-paragraph of paragraph 12;
(b) an offence under section 1 of the Criminal Law Act 1977 (c. 45) of conspiracy to commit
such an offence;
(c) an offence [ under Part 2 of the Serious Crime Act 2007 of encouraging or assisting
the commission of ] 1 such an offence.
Notes
1
Words substituted by Serious Crime Act 2007 c. 27 Sch.5 para.13(b) (October 31, 2009: substitution came into
force on October 1, 2008 but could not take effect until the commencement of 2006 c.52 Sch.2 para.13 on October
31, 2010)
Amendments Pending

Commencement
Sch. 2 para. 13(a)-(c): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Sch. 2 para. 13(a)-(c): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend
Law In Force
[ 14.
An offence under paragraph 4 of Schedule 2A (lay member of the Court Martial engaging in
prohibited conduct).
]1
Notes
1
Amendments Pending

Extent
Sch. 2 para. 14: United Kingdom
Law In Force
[ 15.
An offence under paragraph 5 of Schedule 2A (disclosing information about the deliberations of
members of the Court Martial) committed by a person described in sub-paragraph (2) of that
paragraph.
]1
Notes
1
Amendments Pending

Extent
Sch. 2 para. 15: United Kingdom
[ SCHEDULE 2A
OFFENCES RELATING TO MEMBERS OF THE COURT MARTIAL
Section 163A
]1
Notes
1
2015/778 subject to transitional provisions specified in SI 2018/778 art.4 and Sch.2 para.3(c) and 4(c))
Law In Force
[ 1.— Interpretation
(1) In this Schedule, “lay member” means a member of the Court Martial other than a judge advocate.
(2) References in this Schedule to a member, or lay member, of the Court Martial are to any member,
or lay member, whether or not the person is a person subject to service law or a civilian subject to
service discipline.
(3) In this Schedule, “the trial period”, in relation to a person specified as a lay member of the Court
Martial for proceedings, is the period—
(a) beginning when the person is sworn to try the case, and
(b) ending when the proceedings terminate or, if earlier, when the lay member is discharged
by the judge advocate.
]1
Notes
1
Amendments Pending
Sch. 2A para. 1: repealed by Armed Forces Act 2006 c. 52 Pt 19 c. 4 s. 382 (November 2, 2016: repeal originally
Extent
Sch. 2A para. 1(1)-(3)(b): United Kingdom
Law In Force
[ 2.— Research by lay members

(1) It is an offence for a lay member of the Court Martial for proceedings to research the case that
is the subject of the proceedings during the trial period, subject to the exceptions in sub-paragraphs
(5) and (6).
(2) A person researches a case if (and only if) the person—
(a) intentionally seeks information, and
(b) when doing so, knows or ought reasonably to know that the information is or may be
relevant to the case.
(3) The ways in which a person may seek information include—
(a) asking a question,
(b) searching an electronic database, including by means of the internet,
(c) visiting or inspecting a place or object,
(d) conducting an experiment, and
(e) asking another person to seek the information.
(4) Information relevant to the case includes information about—
(a) a person involved in events relevant to the case,
(b) the judge advocate for the proceedings,
(c) any other person involved in the trial, whether as a lawyer, a witness or otherwise,
(d) the law relating to the case,
(e) the law of evidence, and
(f) Court Martial procedure.
(5) It is not an offence under this paragraph for a person to seek information if the person needs
the information for a reason which is not connected with the case.
(6) It is not an offence under this paragraph for a person—
(a) to attend the proceedings in question;
(b) to seek information from the judge advocate for the proceedings;
(c) to seek information from the court administration officer or from a member of the
Military Court Service;
(d) to do anything which the Judge Advocate General directs or authorises the person to
do;
(e) to do anything which the judge advocate dealing with the issue directs or authorises the
person to do;
(f) to seek information from another lay member of the Court Martial for the proceedings,
unless the person knows or ought reasonably to know that the other lay member contravened
this paragraph in the process of obtaining the information;
(g) to do anything else which is reasonably necessary in order for the Court Martial to make
a finding on a charge or pass a sentence.
(7) A person guilty of an offence under this paragraph is liable to any punishment mentioned in
the Table in section 164, but a sentence of imprisonment imposed in respect of the offence must
not exceed two years.
]1
Notes
1
Amendments Pending
Extent
Sch. 2A para. 2(1)-(7): United Kingdom
Law In Force
[ 3.— Sharing research with other lay members

(1) It is an offence for a lay member of the Court Martial for proceedings intentionally to disclose
information to another lay member of that court for the proceedings during the trial period if—
(a) the lay member contravened paragraph 2 in the process of obtaining the information,
and
(b) the information has not been provided to the Court Martial during the course of the
proceedings.
(2) Information has been provided to the Court Martial during the course of the proceedings if (and
only if) it has been provided as part of—
(a) evidence presented in the proceedings,
(b) information provided to a lay member or the lay members during the trial period by the
court administration officer or a member of the Military Court Service, or
(c) other information provided to a lay member or the lay members during the trial period
by, or with the permission of, the judge advocate dealing with the issue.
]1
Notes
1
Amendments Pending
Extent
Law In Force
[ 4.— Engaging in other prohibited conduct

(1) It is an offence for a lay member of the Court Martial for proceedings intentionally to engage
in prohibited conduct during the trial period, subject to the exceptions in sub-paragraphs (4) and
(5).
(2) “Prohibited conduct” means conduct from which it may reasonably be concluded that the person
intends to make a finding on a charge or a decision about a sentence otherwise than on the basis
of the evidence presented in the proceedings.
(3) An offence under this paragraph is committed whether or not the person knows that the conduct
is prohibited conduct.
(4) It is not an offence under this paragraph for a person to research the case that is the subject of
the proceedings (as defined in paragraph 2(2) to (4)).
(5) It is not an offence under this paragraph for a person to disclose information to another lay
member of the Court Martial.
]1
Notes
1
Amendments Pending
Extent
Law In Force
[ 5.— Disclosing information about members’ deliberations etc

(1) It is an offence for a person intentionally—
(a) to disclose information about statements made, opinions expressed, arguments advanced
or votes cast by members of the Court Martial for proceedings in the course of their
deliberations, or
(b) to solicit or obtain such information,
subject to the exceptions in paragraphs 6 to 8.
(2) Where a person guilty of an offence under this paragraph—
(a) was a member of the Court Martial for the proceedings, or
(b) at the time the offence was committed, was a person subject to service law or a civilian
subject to service discipline,
the person is liable to any punishment mentioned in the Table in section 164, but any sentence of
imprisonment imposed in respect of the offence must not exceed two years.
(3) Where any other person is guilty of an offence under this paragraph—
(a) the person is liable, on conviction on indictment, to imprisonment for a term not
exceeding two years or a fine (or both), and
(b) proceedings for the offence may not be instituted except by or with the consent of the
Attorney General.
(4) The Crown Court has jurisdiction to try an offence under this paragraph committed in England
and Wales other than by a person described in sub-paragraph (2), including an offence committed
in respect of deliberations of members of the Court Martial sitting outside England and Wales.
]1
Notes
1
Amendments Pending
Extent
Law In Force
[ 6.— Disclosing information about members’ deliberations etc: initial exceptions

(1) It is not an offence under paragraph 5 for a person to disclose information in the proceedings
mentioned in paragraph 5(1)—
(a) for the purposes of enabling the Court Martial to make a finding on a charge or pass a
sentence, or
(b) in connection with the delivery of the findings or sentence.
(2) It is not an offence under paragraph 5 for the judge advocate for those proceedings to disclose
information—
(a) for the purposes of dealing with the proceedings, or
(b) for the purposes of an investigation by a relevant investigator into whether an offence
or contempt of court has been committed by or in relation to a lay member in the proceedings
mentioned in paragraph 5(1).
(3) It is not an offence under paragraph 5 for a person who reasonably believes that a disclosure
described in sub-paragraph (2)(b) has been made to disclose information for the purposes of the
investigation.
(4) It is not an offence under paragraph 5 to publish information disclosed as described in
sub-paragraph (1) or (2)(a) in the proceedings mentioned in paragraph 5(1).
(5) In this paragraph—
“publish” means make available to the public or a section of the public;
“relevant investigator” means—
(a) a police force listed in section 375;
(b) the Attorney General;
(c) any other person or class of person specified by the Lord Chancellor for the
purposes of this paragraph by regulations.
(6) The Lord Chancellor must obtain the consent of the Lord Chief Justice of England and Wales
before making regulations under this paragraph.
]1
Notes
1
Amendments Pending
Extent
Law In Force
[ 7.— Disclosing information about members’ deliberations etc: further exceptions

(1) It is not an offence under paragraph 5 for a person to disclose information to a person listed in
sub-paragraph (2) if—
(a) the disclosure is made after the proceedings mentioned in paragraph 5(1) terminate,
and
(b) the person making the disclosure reasonably believes that—
(i) an offence or contempt of court has been, or may have been, committed by or
in relation to a lay member in connection with those proceedings, or
(ii) conduct of a lay member in connection with those proceedings may provide
grounds for an appeal against conviction or sentence.
(2) Those persons are—
(a) a member of a police force listed in section 375;
(b) a judge of the Court of Appeal;
(c) a judge of the Court Martial Appeal Court;
(d) the registrar of criminal appeals;
(e) the judge advocate who dealt with the proceedings mentioned in paragraph 5(1);
(f) the court administration officer for the Court Martial;
(g) a member of the Military Court Service who would reasonably be expected to disclose
the information only to a person mentioned in paragraphs (b) to (f).
(3) It is not an offence under paragraph 5 for a member of a police force listed in section 375 to
disclose information for the purposes of obtaining assistance in deciding whether to submit the
information to—
(a) a judge of the Court of Appeal,
(b) a judge of the Court Martial Appeal Court, or
(c) the registrar of criminal appeals,
provided that the disclosure does not involve publishing the information.
(4) It is not an offence under paragraph 5 for a judge of the Court of Appeal, a judge of the Court
Martial Appeal Court or the registrar of criminal appeals to disclose information for the purposes
of an investigation by a relevant investigator into—
(a) whether an offence or contempt of court has been committed by or in relation to a lay
member in connection with the proceedings mentioned in paragraph 5(1), or
(b) whether conduct of a lay member in connection with those proceedings may provide
(5) It is not an offence under paragraph 5 for a judge of the Court of Appeal, a judge of the Court
Martial Appeal Court or the registrar of criminal appeals to disclose information for the purposes
of enabling or assisting—
(a) a person who was the defendant in the proceedings mentioned in paragraph 5(1), or
(b) a legal representative of such a person,

to consider whether conduct of a lay member in connection with those proceedings may provide
(6) It is not an offence under paragraph 5 for a person who reasonably believes that a disclosure
described in sub-paragraph (4) or (5) has been made to disclose information for the purposes of
the investigation or consideration in question.
(7) It is not an offence under paragraph 5 for a person to disclose information in evidence in—
(a) proceedings for an offence or contempt of court alleged to have been committed by or
in relation to a lay member in connection with the proceedings mentioned in paragraph
5(1),
(b) proceedings on an appeal, or an application for leave to appeal, against a decision in
the proceedings mentioned in paragraph 5(1) where an allegation relating to conduct of or
in relation to a lay member forms part of the grounds of appeal, or
(c) proceedings on any further appeal or reference arising out of proceedings mentioned
in paragraph (a) or (b).
(8) It is not an offence under paragraph 5 for a person to disclose information in the course of taking
reasonable steps to prepare for proceedings described in sub-paragraph (7)(a) to (c).
(9) It is not an offence under paragraph 5 to publish information disclosed as described in
sub-paragraph (7).
(10) In this paragraph—
“publish” means make available to the public or a section of the public;
“relevant investigator” means—
(a) a police force listed in section 375;
(b) the Attorney General;
(c) the Criminal Cases Review Commission;
(d) the Crown Prosecution Service;
(e) the Service Prosecuting Authority;
(f) any other person or class of person specified by the Lord Chancellor for the
purposes of this paragraph by regulations.
(11) The Lord Chancellor must obtain the consent of the Lord Chief Justice of England and Wales
before making regulations under this paragraph.
]1
Notes
1
Amendments Pending
Extent
Law In Force
[ 8.— Disclosing information about members’ deliberations: exceptions for soliciting disclosures
or obtaining information
(1) It is not an offence under paragraph 5 to solicit a disclosure described in paragraph 6(1) to (4)
or paragraph 7(1) to (9).
(2) It is not an offence under paragraph 5 to obtain information—
(a) by means of a disclosure described in paragraph 6(1) to (4) or paragraph 7(1) to (9), or
(b) from a document that is available to the public or a section of the public.
]1
Notes
1
Amendments Pending
Extent
Sch. 2A para. 8(1)-(2)(b): United Kingdom
Law In Force
[ 9. Saving for contempt of court

Nothing in paragraph 2, 3 or 4 affects what constitutes contempt of court at common law or what
may be certified under section 311.
]1
Notes
1
Amendments Pending
Extent
Sch. 2A para. 9: United Kingdom
SCHEDULE 3
CIVILIANS ETC: MODIFICATIONS OF COURT MARTIAL SENTENCING POWERS
Section 164
PART 1
CIVILIAN OFFENDERS
Law In Force
1
(1) In relation to a civilian offender, section 164 (punishments available to Court Martial) has effect
as if subsections (4), (6) and (7) were omitted and as if for the Table there were substituted–
“TABLE

Number
1 imprisonment
2 a fine
3 a service community order (defined by section only if subsection (5) permits
178)
4 an overseas community order (defined by only if it appears to the court that the offender
section 182) will reside outside the United Kingdom when
the order is in force
5 a conditional discharge (defined by section 185)
6 an absolute discharge (defined by section 185)
section 175)”
(2) A person is a “civilian offender” for the purposes of this Part of this Schedule if he has committed
a service offence and–
(a) he was a civilian when he committed the offence;
(b) he is a civilian when sentenced for the offence; and
(c) he remained a civilian throughout the period between committing the offence and being
sentenced.
(3) In sub-paragraph (2) “a civilian” means a person who is–
(a) not a member of the regular forces;
(b) not a member of the reserve forces; and
(c) not liable to recall.

(4) For the purposes of this paragraph a person is “liable to recall” if–
(a) under section 65(1) of the Reserve Forces Act 1996 (c. 14) he is liable to be recalled
for service; or
(b) he is liable to be recalled as mentioned in section 35(1) of the Reserve Forces Act 1980
(c. 9).
Amendments Pending
Commencement
Sch. 3(1) para. 1(1)-(4)(b): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Sch. 3(1) para. 1(1)-(4)(b): United Kingdom (extends to the Isle of Man and the British overseas territories and may
Law In Force
2
For the purposes of determining the Court Martial's powers when sentencing a civilian offender
for an offence under section 42, section 42(3) (maximum penalties) has effect as if the reference
to rows 5 to 12 were to rows 2 to 7.
Amendments Pending
Commencement
Extent
PART 2
EX-SERVICEMEN ETC
Law In Force
3
(1) In relation to an offender to whom this Part of this Schedule applies, section 164 (punishments
available to Court Martial) has effect as if subsections (6) and (7) were omitted and as if for the
Table there were substituted–
“TABLE

Number
1 imprisonment
2 dismissal with disgrace from Her Majesty's only if the person being sentenced is an officer
service or a member of the reserve forces
3 dismissal from Her Majesty's service only if the person being sentenced is an officer
or a member of the reserve forces
4 detention for a term not exceeding two years not if the person being sentenced is an officer,
or was an officer when last a member of Her
Majesty's forces
5 reduction in rank, or disrating only if the person being sentenced is a warrant
officer or non-commissioned officer, and not to
an extent prohibited by regulations under
subsection (4)
6 a fine
7 a service community order (defined by section only if subsection (5) permits
178)
8 a severe reprimand or a reprimand only if the person being sentenced is, or was at
the time of the offence, an officer, warrant
officer or non-commissioned officer
9 an absolute discharge (defined by section 185)
section 175)”
(2) A person is an offender to whom this Part of this Schedule applies if when sentenced he is–
(a) not subject to service law;
(b) not a member of a volunteer reserve force;
(c) not a member of an ex-regular reserve force who is subject to an additional duties
commitment; and
(d) not a civilian offender for the purposes of Part 1 of this Schedule.
Amendments Pending
Commencement
Sch. 3(2) para. 3(1)-(2)(d): March 28, 2009 for the purpose of enabling the Defence Council to make regulations;
October 31, 2009 otherwise (SI 2009/812 art. 3(a)(i); SI 2009/1167 art. 4)
Extent
Sch. 3(2) para. 3(1)-(2)(d): United Kingdom (extends to the Isle of Man and the British overseas territories and may
Law In Force
4
For the purposes of determining the Court Martial's powers when sentencing an offender to whom
this Part of this Schedule applies–
(a) section 25(2) (penalty for misapplying public property etc) has effect as if the reference
to rows 2 to 12 were to rows 2 to 10;
(b) section 35(3) (penalty for annoyance by flying) has effect as if the reference to rows 3
to 12 were to rows 3 to 10;
(c) section 42(3) (penalties for criminal conduct offences) has effect as if the reference to
rows 5 to 12 were to rows 5 to 10;
(d) any provision of regulations under section 328 (enlistment) which provides that an
offence is punishable by any punishment mentioned in rows 2 to 12 of the Table in section
164 has effect as if the reference to rows 2 to 12 were to rows 2 to 10;
(e) any provision of regulations under section 343 (service inquiries) which provides that
an offence is punishable by any punishment mentioned in rows 7 to 12 of the Table in
section 164 has effect as if the reference to rows 7 to 12 were to rows 6 to 10.
Amendments Pending
Commencement
Sch. 3(2) para. 4(a)-(e): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Sch. 3(2) para. 4(a)-(e): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend
[ SCHEDULE 3A
COURT MARTIAL SENTENCING POWERS WHERE ELECTION FOR TRIAL BY THAT

COURT INSTEAD OF CO
Section 165
]1
Notes
1
[ PART 1
RELEVANT OFFENCES
]1
Notes
1
Law In Force
[1
For the purposes of this Schedule an offence is “relevant” if it falls within any of cases A to D (see
paragraphs 2 to 5); and references in this Schedule to a particular case of offence are to be read
accordingly.
]1
Notes
1
Amendments Pending
Sch. 3A(1) para. 1: repealed by Armed Forces Act 2006 c. 52 Pt 19 c. 4 s. 382 (November 2, 2016: repeal originally
Extent
Sch. 3A(1) para. 1: United Kingdom
Law In Force
[2
An offence of which a person is convicted falls within case A if the charge in respect of the offence
is one in respect of which the person elected Court Martial trial under section 129 (whether or not
the charge was amended after election).
]1
Notes
1
Amendments Pending
Extent
Law In Force
[3
An offence of which a person (“the accused”) is convicted falls within case B if—
(a) the charge in respect of the offence was substituted under section 125(2)(b) for a charge
in respect of which the accused elected Court Martial trial under section 129; and
(b) the substitution was not one for which the accused's written consent was required by
section 130A(2).
]1
Notes
1
Amendments Pending
Extent
Sch. 3A(1) para. 3(a)-(b): United Kingdom
Law In Force
[4
Where—
(a) a person (“the accused”) elects Court Martial trial under section 129 in respect of a
charge,
(b) at the time of the election, another charge brought against the accused (“the relevant
charge”) is regarded for the purposes of Part 5 as allocated for summary hearing,
(c) the relevant charge is referred to the Director of Service Prosecutions under section
123(2)(e) without the accused having been given the opportunity to elect Court Martial trial
of the charge, and
(d) the Court Martial convicts the accused of an offence alleged in the relevant charge,
that offence falls within case C.
]1
Notes
1
Amendments Pending
Extent
Sch. 3A(1) para. 4(a)-(d): United Kingdom
Law In Force
[5
Where—
(a) a person (“the accused”) is charged with an offence which, if the accused were convicted
of it, would fall within case C,
(b) another charge (“the new charge”) is substituted under section 125(2)(b) for the charge,
(c) the substitution is not one for which the accused's written consent is required by section
130A(2), and
(d) the Court Martial convicts the accused of an offence alleged in the new charge,
that offence falls within case D.
]1
Notes
1
Amendments Pending
Extent
Sch. 3A(1) para. 5(a)-(d): United Kingdom
[ PART 2
SENTENCING POWERS ETC
]1
Notes
1
[ Sentencing powers: single relevant offence ] 1
Notes
1
Law In Force
[6
(1) This paragraph applies where—
(a) the Court Martial convicts a person (“the offender”) of a case A offence or a case B
offence; and
(b) paragraph 8 (multiple relevant offences) does not apply.
(2) The sentence passed in respect of the offence must be such that the offender's commanding
officer could have awarded the punishments awarded by that sentence if the commanding officer—
(a) had heard summarily the charge in respect of which the offender elected Court Martial
trial; and
(b) had recorded a finding that the charge had been proved.
]1
Notes
1
Amendments Pending
Extent
Sch. 3A(2) para. 6(1)-(2)(b): United Kingdom
Law In Force
[7
(a) the Court Martial convicts a person (“the offender”) of a case C offence or a case D
offence; and
(b) paragraph 8 does not apply.
(2) The sentence passed in respect of the offence must be such that the offender's commanding
officer could have awarded the punishments awarded by that sentence if the commanding officer—
(a) had heard summarily the charge referred as mentioned in paragraph 4(c); and
(b) had recorded a finding that the charge had been proved.
1
]
Notes
1
Amendments Pending
Extent
[ Multiple relevant offences ] 1
Notes
1
Law In Force
[8
(a) the Court Martial convicts a person (“the offender”) of two or more relevant offences;
and
(b) condition 1 or 2 is met in relation to any two or more of the offences.
(2) Condition 1, in relation to any two or more offences, is that—
(a) each of the offences is a case A offence or a case B offence; and
(b) the relevant charges would have been heard summarily together if the offender had not
elected Court Martial trial.
(3) In sub-paragraph (2) “relevant charge” means—
(a) in relation to a case A offence, the charge in respect of that offence; and
(b) in relation to a case B offence, the charge in respect of which the offender elected Court
Martial trial and for which the charge in respect of the case B offence was substituted.
(4) Condition 2, in relation to any two or more offences, is that—
(a) each of the offences is a case C offence or a case D offence; and
(b) the referred charges would have been heard summarily together if they had not been
referred as mentioned in paragraph 4(c).
(5) In sub-paragraph (4) “referred charge” means—
(a) in relation to a case C offence, the charge in respect of that offence; and
(b) in relation to a case D offence, the charge referred as mentioned in paragraph 4(c) for
which the charge in respect of the case D offence was substituted.
1
]
Notes
1
Amendments Pending
Extent
[ Sentencing powers: multiple relevant offences ] 1
Notes
1
Law In Force
[9
(1) This paragraph applies where paragraph 8 applies by virtue of a condition in that paragraph
being met in relation to any two or more relevant offences.
(2) The offences in relation to which the condition is met (“the joined offences”) are to be treated
for the purposes of section 255 (individual sentence for each offence) as a single offence; and
references in this paragraph to “the sentence” are to the sentence passed by the Court Martial in
respect of the joined offences.
(3) Where condition 1 in paragraph 8 is met in relation to the joined offences, the sentence must
be such that the offender's commanding officer could have awarded the punishments awarded by
that sentence if the commanding officer—
(a) had heard the relevant charges (as defined by paragraph 8(3)) summarily together; and
(b) had recorded findings that the charges had been proved.
(4) Where condition 2 in paragraph 8 is met in relation to the joined offences, the sentence must
be such that the offender's commanding officer could have awarded the punishments awarded by
that sentence if the commanding officer—
(a) had heard the referred charges (as defined by paragraph 8(5)) summarily together; and
(b) had recorded findings that the charges had been proved.
1
]
Notes
1
Amendments Pending
Extent
[ Further provision about sentencing ] 1
Notes
1
Law In Force
[ 10
Where paragraph 9 applies, the following provisions apply in relation to the sentence as if it were
a sentence being passed by an officer at a summary hearing—
section 242 (service detention: general restriction);
section 243 (length of term of service detention);
section 248 (forfeiture of seniority, reduction in rank or disrating).
]1
Notes
1
Amendments Pending
Extent
Law In Force
[ 11
Where the Court Martial is dealing with an offender for an offence with which a relevant offence
is associated, the offences are to be treated for the purposes of Part 9 (sentencing: principles and
procedures) as not being associated.
]1
Notes
1
Amendments Pending
Extent
[ Activation of suspended sentence of detention ] 1
Notes
1
Law In Force
[ 12
(a) the Court Martial, on convicting a person (“the offender”) of a relevant offence, makes
an order under section 191(3) in relation to a suspended sentence of service detention passed
on the offender; and
(b) the suspended sentence was passed by an officer or the Summary Appeal Court.
(2) The term of the suspended sentence as it takes effect by virtue of the order must not exceed 28
days unless the offender's commanding officer would have had extended powers for the purposes
of section 194 if—
(a) where the offence is a case A offence or a case B offence, the offender had not elected
Court Martial trial; or
(b) where the offence is a case C offence or a case D offence, the charge referred as
mentioned in paragraph 4(c) had not been so referred.
(3) If—
(a) the Court Martial awards a term of service detention (“the new sentence”) in respect of
the offence (or, where paragraph 9 applies, in respect of the offence and one or more other
relevant offences), and
(b) the order under section 191(3) provides for the suspended sentence to take effect from
the end of the new sentence,
the aggregate of the terms of the two sentences must not exceed 28 days or, where the extended
powers condition is met, 90 days.
(4) The extended powers condition is—
(a) where the offence is a case A offence or a case B offence, that the offender's commanding
officer would have had extended powers for the purposes of section 194 if the offender had
not elected Court Martial trial;
(b) where the offence is a case C offence or a case D offence, that the offender's commanding
officer would have had extended powers for the purposes of section 194 if the charge referred
as mentioned in paragraph 4(c) had not been so referred.
(5) In determining for the purposes of sub-paragraph (2) or (4) whether the offender's commanding
officer would have had extended powers for the purposes of section 194 if, as the case may be—
(a) the offender had not elected Court Martial trial, or
(b) the charge referred as mentioned in paragraph 4(c) had not been so referred,
no account is to be taken of any of the matters mentioned in subparagraph (6).
(6) Those matters are—
(a) any change in the commanding officer's rank after the election or referral;
(b) in the case of sub-paragraph (2)(a) or (4)(a), any possibility that, if the offender had
declined Court Martial trial, the commanding officer might subsequently have been granted
extended powers for the purposes of section 194; and
(c) in the case of sub-paragraph (2)(b) or (4)(b), any possibility that, if the charge referred
as mentioned in paragraph 4(c) had not been so referred, the commanding officer might
have been granted extended powers for those purposes after the time when the charge was
in fact referred.
]1
Notes
1
Amendments Pending
Extent
Sch. 3A(2) para. 12(1)-(6)(c): United Kingdom
[ Court orders other than sentences ] 1
Notes
1
Law In Force
[ 13
(1) The Court Martial may not make an order under section 229 (service restraining order) by virtue
of—
(a) convicting a person of a relevant offence; or
(b) acquitting a person of an offence which would be a relevant offence if the person were
convicted of it.
(2)-(3) […]2
]1
Notes
1
2
Repealed by Anti-social Behaviour, Crime and Policing Act 2014 c. 12 Sch.11(2) para.81 (March 8, 2015)
Amendments Pending
Extent
Sch. 3A(2) para. 13(1)-(3): United Kingdom
[ Review of unduly lenient sentences ] 1
Notes
1
Law In Force
[ 14
In section 273 (review of unduly lenient sentence by Court Martial Appeal Court), the reference
in subsection (1)(a) to an offence under section 42 does not include a relevant offence.
]1
Notes
1
Amendments Pending
Extent
[ Appeals: application of Court Martial Appeals Act 1968 to multiple relevant offences ] 1
Notes
1
Law In Force
[ 15
(1) This paragraph applies where, by virtue of paragraph 9(2), the Court Martial passed a single
sentence in respect of two or more relevant offences (“the joined offences”); and references in this
paragraph to “the 1968 Act” are to the Court Martial Appeals Act 1968.
(2) Where—
(a) section 13 of the 1968 Act (power to re-sentence when some but not all convictions
successfully appealed) applies in relation to the sentence, but
(b) the appellant remains convicted of two or more of the joined offences,
those offences are to be treated for the purposes of section 13(2) of the 1968 Act as a single offence.
(3) Sub-paragraph (4) applies where section 14 of the 1968 Act (substitution of conviction on
different charge after plea of not guilty) applies in relation to a conviction of any of the joined
offences.
(4) The reference in section 14(2)(b) to a sentence that the Court Martial would have had power to
pass in respect of the offence mentioned in section 14(1)(b) is to be read as a reference to a sentence
that the Court Martial would have had power to pass in respect of all the applicable offences.
(5) For the purposes of sub-paragraph (4) an offence is an “applicable offence” if it is—
(a) a joined offence of which the appellant remains convicted;
(b) an offence a finding of guilty of which has been substituted under section 14 of the
1968 Act for a finding of guilty of a joined offence; or
(c) an offence a plea of guilty of which has been substituted under section 14A of that Act
for a plea of guilty of a joined offence.
(6) Sub-paragraph (7) applies where—
(a) section 14A of the 1968 Act (substitution of conviction on different charge after guilty
plea) applies in relation to a conviction of any of the joined offences; and
(b) section 14 of that Act does not so apply.
(7) The reference in section 14A(2)(b) to a sentence that the Court Martial would have had power
to pass in respect of the offence mentioned in section 14A(1)(b) is to be read as a reference to a
sentence that the Court Martial would have had power to pass in respect of—
(a) all the joined offences of which the appellant remains convicted; and
(b) the offence a plea of guilty of which has been substituted under section 14A for a plea
of guilty of a joined offence.
(8) Where sub-paragraph (4) or (7) applies and the case also falls within section 13(1) of the 1968
Act, section 13 of that Act shall not apply.
(9) In section 16A of the 1968 Act (appeals against sentence), the reference in subsection (2)(b) to
the offence is to be read as a reference to the joined offences.
]1
Notes
1
Amendments Pending
Extent
Sch. 3A(2) para. 15(1)-(9): United Kingdom
[ PART 3
INTERPRETATION
]1
Notes
1
[ “Commanding officer” ] 1
Notes
1
Law In Force
[ 16
(1) References in this Schedule to a person's commanding officer are to the person's commanding
officer at the time the person elected Court Martial trial.
(2) In determining for the purposes of paragraph 6(2), 7(2) or 9(3) or (4) the punishments that a
person's commanding officer could have awarded in respect of a charge or charges, no account is
to be taken of—
(a) any change in the commanding officer's rank after the person elected Court Martial trial
or (as the case may be) after the charge or charges referred as mentioned in paragraph 4(c)
were so referred;
(b) in the case of paragraph 6(2) or 9(3), any possibility that, if the person had declined
Court Martial trial, the commanding officer might subsequently have been granted extended
powers for the purposes of any provision of Chapter 1 of Part 6; or
(c) in the case of paragraph 7(2) or 9(4), any possibility that, if the charge or charges referred
as mentioned in paragraph 4(c) had not been so referred, the commanding officer might
have been granted extended powers for the purposes of any provision of Chapter 1 of Part
6 after the time when the referral in fact took place.
]1
Notes
1
Amendments Pending
Extent
Sch. 3A(3) para. 16(1)-(2)(c): United Kingdom
[ Substituted charges ] 1
Notes
1
Law In Force
[ 17
References in this Schedule to a charge substituted under section 125(2)(b) for another charge (“the
original charge”) include—
(a) a charge substituted for a charge that was itself substituted for the original charge,
(b) a charge substituted for a charge within paragraph (a),
and so on.
]1
Notes
1
Amendments Pending
Extent
Sch. 3A(3) para. 17(a)-(b): United Kingdom
SCHEDULE 4
UNFITNESS AND INSANITY: MODIFICATIONS OF MENTAL HEALTH ACT 1983
Section 169
Hospital orders
Law In Force
1
For the purposes of section 169(2)(a) of this Act, section 37 of the Mental Health Act 1983 (c. 20)
(“the 1983 Act”) has effect as if–
(a) for subsection (1) there were substituted–
“(1) Where–
(a) section 169 of the Armed Forces Act 2006 applies,
(b) the offence to which the finding relates is an offence punishable with
imprisonment, and
(c) the conditions in subsection (2) below are satisfied,
the court may by order authorise the defendant's admission to and detention in such
hospital as may be specified in the order.”;
(b) subsections (1A), (1B), (3), (5), (6) and (8) were omitted;
(c) in subsection (2)(a) there were omitted–
(i) the word “either” before sub-paragraph (i);
(ii) the word “or” at the end of that sub-paragraph; and
(iii) sub-paragraph (ii) (but not the word “and” at the end of it);
(d) for subsection (4) there were substituted–
“(4) Where an order is made under this section requiring a person to be admitted to
a hospital (“a hospital order”), it shall be the duty of the managers of the hospital
specified in the order to admit him in accordance with it.”;
(e) in subsection (7) the reference to a guardianship order were omitted; and
(f) any reference to the offender were to the defendant (the reference in subsection (2)(b)
to the offence being construed accordingly).
Amendments Pending
Commencement
Sch. 4 para. 1(a)-(f): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Sch. 4 para. 1(a)-(f): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend
Restriction orders
Law In Force
2
For the purposes of section 169(2)(a) of this Act, section 41(1) of the 1983 Act (power to make a
restriction order) has effect as if–
(a) the reference to the Crown Court were to the Court Martial; and
(b) any reference to an offender were to a person in whose case section 169 applies
(references to an offence being construed accordingly).
Amendments Pending
Commencement
Sch. 4 para. 2(a)-(b): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Sch. 4 para. 2(a)-(b): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend
Remand orders
Law In Force
3
In relation to a case where section 169 applies but the court has not yet made one of the disposals
mentioned in section 169(2), section 35 of the 1983 Act (remand to hospital for report on mental
condition) has effect as if–
(a) the reference in subsection (1) to the Crown Court or a magistrates' court were to the
Court Martial;
(b) for the purposes of that section an “accused person”meant a person in whose case this
paragraph applies;
(c) subsection (2) and the words after paragraph (b) in subsection (3) were omitted;
(d) in subsection (3)(b) for the words “if he were remanded on bail” there were substituted
“if he were not remanded under this section”;
(e) in subsection (4) the reference to a place of safety were to any place that the court may
direct; and
(f) the reference in subsection (10) to a constable included a reference to a service policeman.
Amendments Pending
Commencement
Sch. 4 para. 3(a)-(f): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Sch. 4 para. 3(a)-(f): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend
Law In Force
4
In relation to a case where section 169 applies but the court has not yet made one of the disposals
mentioned in section 169(2), section 36 of the 1983 Act (remand to hospital for treatment) has
effect as if–
(a) in subsection (1) for the words “the Crown Court may, instead of remanding an accused
person in custody, remand him” there were substituted “the Court Martial may remand an
accused person”;
(b) for the purposes of that section an “accused person”meant a person in whose case this
paragraph applies;
(c) subsection (2) were omitted; and
(d) in subsection (3) the reference to a place of safety were to any place that the court may
direct.
Amendments Pending
Commencement
Sch. 4 para. 4(a)-(d): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Sch. 4 para. 4(a)-(d): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend
Interim hospital orders
Law In Force
5
(1) In relation to a case where section 169 applies but the court has not yet made one of the disposals
mentioned in section 169(2), section 38 of the 1983 Act (interim hospital orders) has effect as if–
(a) in subsection (1) for the words from the beginning to “he is convicted” there were
substituted “Where section 169 of the Armed Forces Act 2006 applies, the offence to which
the finding relates is an offence punishable with imprisonment and the court”;
(b) any reference to an offender were to a person in whose case this paragraph applies;
(c) in subsection (4) the reference to a place of safety were to any place that the court may
direct; and
(d) in subsection (7) the reference to a constable included a service policeman.
(2) Where an interim hospital order is made under section 38 of the 1983 Act as modified by this
paragraph, the references in section 40(3) of that Act to an offender are to be read in accordance
with sub-paragraph (1)(b) above.
Amendments Pending
Commencement
Sch. 4 para. 5(1)-(2): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Sch. 4 para. 5(1)-(2): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend
SCHEDULE 5
BREACH, REVOCATION AND AMENDMENT OF COMMUNITY PUNISHMENTS
Sections 181, 184

PART 1
SERVICE COMMUNITY ORDERS
General
Law In Force
1
(1) In Schedule 8 to the 2003 Act (breach, revocation or amendment of community order),
“community order”includes a service community order under this Act.
(2) In its application to such an order, that Schedule has effect as if [ paragraphs 2(b), 4, 5(4), 6(2),
6A(2), 7, 9, 13, 16(4), 17(6), 18(4), 19A(5), 20(2), 21, 25A and 27(1)(b)(ii) and (d), (2) and (3)(a) ] 1
were omitted.
Notes
1
Word substituted by Offender Rehabilitation Act 2014 c. 11 Sch.6 para.10 (February 1, 2015)
Amendments Pending
Commencement
Sch. 5(1) para. 1(1)-(2): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Sch. 5(1) para. 1(1)-(2): United Kingdom (extends to the Isle of Man and the British overseas territories and may
Breach of requirement of order
R Repealed
2 […]1
Notes
1
Law In Force
[ 2A
Paragraph 6A(1) of that Schedule (role of enforcement officer) has effect in relation to a service
community order under this Act as if the reference to a justice of the peace were to the Crown
Court.
]1
Notes
1
Amendments Pending
Extent
Law In Force
3
Paragraph 8 of that Schedule (issue of summons or warrant for breach) applies to such an order as
it applies to an order mentioned in subparagraph (1) of that paragraph.
Amendments Pending
Commencement
Extent
Revocation of order
Law In Force
4
Paragraph 14 of that Schedule (Crown Court's powers of revocation) has effect as if the reference
in sub-paragraph (1)(a) to a community order as there mentioned included a service community
order under this Act.
Amendments Pending
Commencement
Extent
Amendment of order
Law In Force
5
In Part 4 of that Schedule (amendment of order) as it applies to a service community order under
this Act, “the appropriate court” means the Crown Court.
Amendments Pending
Commencement
Extent
Law In Force
6
In paragraph 19 of that Schedule (amendment in relation to review of drug rehabilitation requirement)
as it applies to such an order, “the court responsible for the order” means the Crown Court.
Amendments Pending
Commencement
Extent
Powers of civilian courts in relation to order following subsequent conviction
Law In Force
7
Paragraph 22 of that Schedule (committal to Crown Court on subsequent conviction by magistrates'
court in England or Wales) has effect as if the reference in sub-paragraph (1) to a community order
made by the Crown Court included a service community order under this Act.
Amendments Pending
Commencement
Extent
Re-sentencing powers
Law In Force
8
(1) This paragraph applies for the purposes of construing the powers conferred on the Crown Court
by paragraphs 10(1)(b), 14(2)(b)(ii), 17(3)(b) and 23(2)(b)(ii) of Schedule 8 to the 2003 Act to deal
with the offender, for the offence in respect of which the order was made, in any way in which he
could have been dealt with for that offence by the court which made the order.
(2) Each of those powers shall be construed in relation to a service community order under this Act
as a power to deal with the offender, for the offence in respect of which the order was made–
(a) if that offence is an offence punishable with imprisonment, in any way in which the
Crown Court could deal with him if he had just been convicted before that court of an
offence punishable with imprisonment;
(b) if it is not an offence punishable with imprisonment, in any way in which the Crown
Court could deal with him if he had just been convicted before that court of an offence not
punishable with imprisonment.
(3) A term of imprisonment or fine imposed by virtue of this paragraph–
(a) must not exceed the maximum permitted for the offence in respect of which the order
was made; and
(b) where the order was made by the Service Civilian Court, must not exceed–
(ii) in the case of a fine, the prescribed sum.
(4) […]2
Notes
1
Words substituted by Armed Forces Act 2006 (Transitional Provisions etc) Order 2009/1059 Sch.2 para.3(a)
of 2006 c.52 Sch.5 para.8(3)(b)(i) on October 31, 2009)
2
Repealed by Armed Forces Act 2006 (Transitional Provisions etc) Order 2009/1059 Sch.2 para.14(2)(b) (October
31, 2009: repeal came into force on April 24, 2009 but cannot take effect until the commencement of 2006 c.52
Sch.5, para.8(4) on October 31, 2009)
Amendments Pending
Sch. 5(1) para. 8(4): added by Armed Forces Act 2006 (Transitional Provisions etc) Order 2009/1059, Sch. 2 para.
14(2)(b) (date to be appointed: insertion shall come into force upon the coming into force of the Criminal Justice and
Court Services Act 2000 c.43, s.61)
Sch. 5(1) para. 8(3)(b)(i): words substituted by Armed Forces Act 2006 (Transitional Provisions etc) Order 2009/1059,
Sch. 2 para. 3(a) (date to be appointed: substitution shall come into force upon the coming into force of the Powers of
Criminal Courts (Sentencing) Act 2000 c.6, s.78)
Commencement
Extent
Law In Force
9
Where a sentence is passed by virtue of paragraph 8 above, section 9 of the Criminal Appeal Act
1968 (c. 19) (appeal against sentence) applies as if the offender had been convicted on indictment
of the offence for which the sentence was passed.
Amendments Pending
Commencement
Extent
PART 2
OVERSEAS COMMUNITY ORDERS
General
Law In Force
10
(1) In Schedule 8 to the 2003 Act (breach, revocation or amendment of community order),
“community order”includes an overseas community order.
(2) In its application to such an order, that Schedule has effect as if there were omitted–
(a) in paragraph 1, the definitions of “the local justice area concerned” and “the responsible
officer”; and
(b) [ paragraphs 1A, 2, 3(b), 4, 5(4), 6(2), 6A, 7, 9, 10(6), 13, 16, 16A, 17(6), 18(4), 19,
19A(5), 20(2), 21(4), 22, 23(1)(a)(ii) and 25A ] 1 .
Notes
1
Amendments Pending
Commencement
Sch. 5(2) para. 10(1)-(2)(b): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Law In Force
11
(1) For the purposes of that Schedule as it applies in relation to an overseas community order,
“court”includes–
(b) the Service Civilian Court.
(2) For the purposes of that Schedule as it applies in relation to such an order, and for the purposes
of this Part of this Schedule, an overseas community order made on appeal is to be treated as having
been made by the Court Martial.
Amendments Pending
Commencement
Extent
Breach of requirement of order
R Repealed
12 […]1
Notes
1
Sch.5 paras 12A and 12B substituted for sch.5 para.12 by Offender Rehabilitation Act 2014 c. 11 Sch.6 para.6(3)
(June 1, 2014)
Law In Force
[ 12A
Paragraph 5(1) of that Schedule (duty to give warning) has effect as if for paragraph (b) there were
substituted—
“(b) the officer applies to the court that made the order for the exercise of its powers
in relation to the failure.”
]1
Notes
1
(June 1, 2014)
Amendments Pending
Extent
Law In Force
[ 12B
Paragraph 6(1) of that Schedule (breach of order after warning) has effect as if for the words from
“must refer” to the end there were substituted “must apply to the court that made the order for the
exercise of its powers in relation to the failure in question”.
]1
Notes
1
(June 1, 2014)
Amendments Pending
Sch. 5(2) para. 12B: repealed by Armed Forces Act 2006 c. 52 Pt 19 c. 4 s. 382 (November 2, 2016: repeal originally
Extent
Sch. 5(2) para. 12B: United Kingdom
Law In Force
13
Paragraph 8 of that Schedule (issue of summons or warrant for breach) has effect in relation to
such an order as if for it and the cross-heading before it there were substituted–
“Issue of summons or warrant
8
(1) If at any time while an overseas community order under the Armed Forces Act 2006
is in force it appears to the appropriate court, on an application by the responsible officer,
that the offender has failed to comply with any of the requirements of the order, that court
may–
(a) issue a summons requiring the offender to appear at the time and place specified
in it, or
(b) issue a warrant for his arrest.
(2) In sub-paragraph (1) “the appropriate court” means the court that made the order.
(3) Any summons or warrant issued under this paragraph must direct the offender to appear
or be brought before the court issuing the summons or warrant.
(4) Where a summons issued under sub-paragraph (1)(a) requires the offender to appear
before the court and he does not appear in answer to the summons, the court may issue a
warrant for his arrest.”
Amendments Pending
Commencement
Extent
Law In Force
14
Paragraph 10 of that Schedule (powers of Crown Court on breach of community order) has effect
in relation to an overseas community order as if–
(a) the cross-heading before it were “Powers of court that made the order”;
(b) any reference to the Crown Court in [ sub-paragraphs (1) to (3A) and (5) ] 1 were to
the court that made the overseas community order; and
(c) for sub-paragraph (4) there were substituted–
“(4) In dealing with an offender under sub-paragraph (1)(b) the court may, in the
case of an offender who has wilfully and persistently failed to comply with the
requirements of the order, impose a custodial sentence within the meaning of the
Armed Forces Act 2006 (where the order was made in respect of an offence
punishable with such a sentence) notwithstanding anything in section 260(2) of that
Act.”
Notes
1
Word substituted by Criminal Justice and Immigration Act 2008 c. 4 Sch.25(2) para.32 (October 31, 2009)
Amendments Pending
Commencement
Sch. 5(2) para. 14(a)-(c): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Sch. 5(2) para. 14(a)-(c): United Kingdom (extends to the Isle of Man and the British overseas territories and may
Law In Force
[ 14A
(1) The following provisions apply where the Court Martial or the Service Civilian Court imposes
a fine under paragraph 10(1)(aa) of that Schedule as applied by this Part of this Schedule.
(2) Section 251 of this Act (power to order payment of fine by instalments) applies in relation to
the fine as it applies in relation to a fine imposed by a court for a service offence.
(3) Where the offender is aged under 18 when the fine is imposed and has a service parent or service
guardian (within the meaning of section 268 of this Act), subsections (2) to (4) of that section
(payment of fine by service parent or service guardian) apply in relation to the fine as they apply
in relation to a fine imposed in the circumstances mentioned in subsection (1) of that section.
(4) In the application of subsection (2) of section 268 by virtue of sub-paragraph (3) of this paragraph,
the reference in that subsection to the time of conviction is to be read as a reference to the time the
fine is imposed.
(5) Section 269(2) of this Act (power of court to make financial statement order before making
order under section 268) does not apply in relation to an order under section 268 which is made by
virtue of sub-paragraph (3) of this paragraph.
]1
Notes
1
Added by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Pt 3 c.1 s.78(9) (December 3, 2012)
Amendments Pending
Extent
Sch. 5(2) para. 14A(1)-(5): United Kingdom
Revocation of order
Law In Force
15
Paragraph 14 of that Schedule (Crown Court's powers of revocation) has effect in relation to an
overseas community order as if–
(a) the reference in sub-paragraph (1)(a) to a community order as there mentioned were to
an overseas community order; and
(b) in the other provisions of paragraph 14, and in the cross-heading before it, any reference
to the Crown Court were to the court that made the overseas community order.
Amendments Pending
Commencement
Sch. 5(2) para. 15(a)-(b): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Sch. 5(2) para. 15(a)-(b): United Kingdom (extends to the Isle of Man and the British overseas territories and may
Amendment of order
Law In Force
16
In Part 4 of that Schedule (amendment of order) as it applies to an overseas community order, “the
appropriate court” means the court that made the order.
Amendments Pending
Commencement
Extent
Law In Force
17
Paragraph 17 of that Schedule has effect in relation to an overseas community order as if for
sub-paragraph (4)(b) there were substituted–
“(b) may impose a custodial sentence within the meaning of the Armed Forces Act
2006 (where the order was made in respect of an offence punishable with such a
sentence) notwithstanding anything in section 260(2) of that Act.”
Amendments Pending
Commencement
Extent
Powers in relation to order following subsequent conviction
Law In Force
18
Paragraph 21 of that Schedule (powers of magistrates' court on subsequent conviction) has effect
in relation to an overseas community order as if–
(a) the cross-heading before it were “Powers of Service Civilian Court on subsequent
conviction”; and
(b) any reference in that paragraph to a magistrates' court were to the Service Civilian
Court.
Amendments Pending
Commencement
Extent
Law In Force
19
Paragraph 23 of that Schedule (powers of Crown Court on subsequent conviction) has effect in
relation to an overseas community order as if–
(a) the cross-heading before it were “Powers of Court Martial on subsequent conviction”;
and
(b) any reference in that paragraph to the Crown Court (except the references in
sub-paragraph (1)(a)(ii), which is treated as omitted) were to the Court Martial.
Amendments Pending
Commencement
Extent
Supplementary provisions relating to orders
Law In Force
20
In paragraph 26 of that Schedule as it applies to an overseas community order, the reference to
section 177(3) of the 2003 Act shall be treated as omitted.
Amendments Pending
Commencement
Extent
Law In Force
21
Paragraph 27 of that Schedule has effect in relation to an overseas community order as if it read–
“27
On the making under this Schedule of an order revoking or amending an overseas community
order, the court administration officer (within the meaning of the Armed Forces Act 2006)
must–
(a) provide copies of the revoking or amending order–
(i) to the offender;
(ii) to the responsible officer;
(iii) to the offender's commanding officer; and
(iv) if the offender is aged under 14, to his parent or guardian;
(b) in the case of an amending order which imposes or amends a requirement
specified in the first column of Schedule 14, provide a copy of so much of the
amending order as relates to that requirement to the person specified in relation to
that requirement in the second column of that Schedule; and
(c) in the case of an amending order which imposes or amends an education
requirement, provide to Service Children's Education a copy of so much of the
amending order as relates to that requirement.”
Amendments Pending
Commencement
Extent
Court Martial rules
Law In Force
22
If Court Martial rules provide that powers of the Court Martial under Schedule 8 to the 2003 Act
as applied by this Part of this Schedule are to be exercised by a judge advocate, the rules may also
disapply section 160 of this Act in relation to sentences passed under that Schedule.
Amendments Pending
Commencement
Sch. 5(2) para. 22: March 28, 2009 for the purpose of enabling the Secretary of State to make orders, regulations and
Extent
Appeals
Law In Force
23
A person who–
(a) is sentenced by the Court Martial under paragraph 23(2)(b)(ii) of Schedule 8 to the
2003 Act as applied by this Part of this Schedule, and
(b) was not convicted by the Court Martial of the offence in respect of which the sentence
is passed,
is to be treated, for the purpose of enabling him to appeal under the Court Martial Appeals Act
1968 (c. 20) against the sentence, as if he had been so convicted.
Amendments Pending
Commencement
Extent
SCHEDULE 6
OVERSEAS COMMUNITY ORDERS: YOUNG OFFENDERS
Section 182
Law In Force
1 Unpaid work requirement

An unpaid work requirement, as defined by section 199 of the 2003 Act, may not be included in
an overseas community order if the offender is aged under 16 on conviction.
Amendments Pending
Commencement
Extent
Law In Force
2 Exclusion requirement
Where an exclusion requirement, as defined by section 205 of the 2003 Act, is included in an
overseas community order made in respect of an offender aged under 18 on conviction, the period
specified in the order must not exceed three months.
Amendments Pending
Commencement
Extent
Law In Force
3 Residence requirement
(1) In relation to an overseas community order made in respect of an offender aged under 18 on
conviction, section 206(1) of the 2003 Act (residence requirement) has effect as if after the words
“at a place specified in the order” there were added “or with an individual so specified”.
(2) A requirement that a person reside with an individual must not be included in an overseas
community order unless the individual has consented to the requirement.
(3) Nothing in section 206(2) to (4) of the 2003 Act applies in relation to a requirement in an
overseas community order that a person reside with an individual.
(4) A requirement that a person reside at a specified place must not be included in an overseas
community order if the offender is aged under 16 on conviction.
(5) In sub-paragraphs (2) to (4), references to a requirement are to a requirement under section
206(1) of the 2003 Act as modified by this paragraph.
Amendments Pending
Commencement
Extent
Law In Force
4 Mental health requirement

(1) In section 207(3) of the 2003 Act as it applies in relation to an overseas community order,
paragraph (c) (consent of offender to mental health requirement) does not apply if the offender is
aged under 14.
(2) In section 208(1) of the 2003 Act as it applies in relation to an overseas community order (mental
health treatment at place not specified in order), the words “with the consent of the offender” do
not apply if the offender is aged under 14.
Amendments Pending
Commencement
Extent
Law In Force
5 Drug rehabilitation requirement

(1) In relation to an overseas community order made in respect of an offender aged under 18 on
conviction, section 209(1) of the 2003 Act (drug rehabilitation requirement) has effect as if paragraph
(b) (requirement to provide samples) were omitted.
(2) But sub-paragraph (1) does not apply where–
(a) the offender is aged 14 or over; and
(b) has expressed his willingness to provide samples as mentioned in section 209(1)(b) of
the 2003 Act.
(3) In section 209(2) of the 2003 Act as it applies in relation to an overseas community order,
paragraph (d) (consent of offender to drug rehabilitation requirement) does not apply if the offender
is aged under 14.
(4) […]1
Notes
1
Repealed by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Pt 3 c.1 s.78(10) (December 3,
2012)
Amendments Pending
Commencement
Extent
Law In Force
6 Alcohol treatment requirement

An alcohol treatment requirement, as defined by section 212 of the 2003 Act, may not be included
in an overseas community order if the offender is aged under 18 on conviction.
Amendments Pending
Commencement
Extent
Law In Force
7 Education requirement
(1) An overseas community order made in respect of an offender aged under 18 on conviction may
include a requirement (an “education requirement”) requiring the offender to comply, during a
period or periods specified in the order, with arrangements for his education–
(a) made for the time being by his parent or guardian; and
(b) approved by Service Children's Education (“SCE”).
(2) A court may not include an education requirement in an overseas community order unless it
has consulted SCE and is satisfied–
(a) that, in the view of SCE, arrangements exist for the offender to receive efficient full-time
education suitable to his age, ability and aptitude and to any special educational need he
may have; and
(b) that, having regard to the circumstances of the case, the inclusion of the requirement
is necessary for securing the good conduct of the offender or for preventing the commission
of further offences.
(3) Any period specified in an overseas community order as one during which the offender must
comply with arrangements made for his education must not include any period after he has ceased
to be of compulsory school age (within the meaning of section 8 of the Education Act 1996 (c.
56)).
(4) An education requirement under this paragraph may (despite section 182(1)(a)) be the only
requirement imposed by an overseas community order.
Amendments Pending
Commencement
Extent
Law In Force
8 Power to amend
The powers of the Secretary of State under section 223 of the 2003 Act (powers to amend limits)
include power by order to amend paragraph 2 of this Schedule by substituting for the maximum
period for the time being specified in that paragraph such other period as may be specified in the
order.
Amendments Pending
Commencement
Extent
SCHEDULE 7
SUSPENDED PRISON SENTENCE: FURTHER CONVICTION OR BREACH OF

REQUIREMENT
Section 206
PART 1
INTRODUCTORY
Law In Force
1 [ Modifications of Part 2 of Schedule 12 to the 2003 Act ] 1

Part 2 of Schedule 12 to the 2003 Act (breach of community requirement, or further conviction)
has effect in its application to a suspended sentence order […]2 made by a relevant service court–
(a) as if [ paragraphs 3, 4(4), 5(2), 5A(2), 6, 8(4A), (6) and (7) and 12(4) ] 3 of that Schedule
were omitted; and
(b) with the modifications in paragraphs 4 to 9 of this Schedule.
Notes
1
Heading substituted by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.9(1) para.18(2)
(December 3, 2012)
2
(December 3, 2012)
3
Word inserted by Offender Rehabilitation Act 2014 c. 11 Sch.6 para.7(2) (June 1, 2014)
Amendments Pending
Commencement
Extent
Sch. 7(1) para. 1(a)-(b): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend
R Repealed
2 […]1
Notes
1
Repealed by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.9(1) para.18(4) (December
3, 2012)
Law In Force
3 Meaning of “court”
A relevant service court is a “court” for the purposes of–
(a) Part 2 of Schedule 12 to the 2003 Act as it applies in relation to a suspended sentence
passed by a relevant service court;
(b) paragraph 22 of that Schedule (as modified by section 205(1) of this Act) as it applies
to an order under Part 2 of that Schedule amending a suspended sentence order with
community requirements made by a relevant service court.
Amendments Pending
Commencement
Extent
Sch. 7(1) para. 3(a)-(b): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend
PART 2
MODIFICATIONS REFERRED TO IN PART 1
Breach of community requirements
R Repealed
4 […]1
Notes
1
Law In Force
[ 4A
Paragraph 5A(1) of Schedule 12 to the 2003 Act (role of enforcement officer) has effect in relation
to a suspended sentence order with community requirements made by a relevant service court as
if the reference to a justice of the peace were to the Crown Court.
]1
Notes
1
Amendments Pending
Extent
Law In Force
5
Paragraph 7 of that Schedule (issue of summons or warrant for breach) applies to such an order as
it applies to an order mentioned in subparagraph (1) of that paragraph.
Amendments Pending
Commencement
Extent
Conviction of further offence

Law In Force
6
[ (1) Paragraph 8(1)(b) of that Schedule (powers on conviction of further offence) has effect in
relation to a suspended sentence passed by a relevant service court as if–
(a) the reference to an offence were to a service offence or an offence under the law of any
part of the British Islands;
(b) in sub-paragraph (i) the reference to a court having power under paragraph 11 to deal
with the offender in respect of the suspended sentence were to the Crown Court, the Court
Martial or the Service Civilian Court;
(c) in sub-paragraph (ii) the reference to such a court were to the Court Martial.
]1
[ (2) Anything that under section 376(1) and (2) of this Act is to be treated as a conviction for the
purposes of this Act is also to be treated as a conviction for the purposes of paragraph 8(1)(b) of
that Schedule as modified by this paragraph. ] 1
Notes
1
Para.6 renumbered as para.6(1), words substituted and para.6(2) is inserted by Armed Forces Act 2011 c. 18 Sch.3
para.24 (April 2, 2012)
Amendments Pending
Commencement
Sch. 7(2) para. 6(a)-(c): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Sch. 7(2) para. 6(a)-(c): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend
Sch. 7(2) para. 6(1)-(2): United Kingdom
Law In Force
[ 6A
Paragraph 8(2)(ba) of that Schedule has effect as if at the beginning there were inserted “where the
court dealing with the offender is the Crown Court,”.
]1
Notes
1
2012)
Amendments Pending
Extent
Law In Force
7
Paragraph 11 of that Schedule (courts with powers under paragraph 8(1)(b), etc) has effect in
relation to a suspended sentence passed by a relevant service court as if for it and the heading before
it there were substituted–
“11 Conviction by magistrates' court of further offence

Where a magistrates' court in England or Wales convicts an offender of any offence and is
satisfied that the offence was committed during the operational period of a suspended
sentence passed by a relevant service court (within the meaning of the Armed Forces Act
2006), it must notify the appropriate officer of the Court Martial of the conviction.”
Amendments Pending
Commencement
Extent
Law In Force
8
(1) Paragraph 12 of that Schedule (procedure where convicting court does not deal with suspended
sentence) has effect in relation to a suspended sentence passed by a relevant service court as if for
sub-paragraphs (1) and (2) there were substituted–
“(2A) If it appears to the Court Martial–

(a) that an offender has been convicted in the British Islands of an offence committed
during the operational period of a suspended sentence passed by a relevant service
court, or has been convicted of a service offence committed during that period, and
(b) that he has not been dealt with in respect of the suspended sentence,
the court may issue a summons requiring him to appear at the place and time specified in
it, or a warrant for his arrest.
(2B) In sub-paragraph (2A) “relevant service court” and “service offence”have the same
meanings as in the Armed Forces Act 2006.”
(2) In paragraph 12(3) of that Schedule (Scottish or Northern Ireland court convicting of further
offence must notify English court)–
(a) the reference to a suspended sentence passed in England or Wales includes a reference
to a suspended sentence passed (anywhere) by a relevant service court; and
(b) the reference to the court by which the suspended sentence was passed has effect, in
relation to a suspended sentence passed by any relevant service court, as a reference to the
Court Martial.
(3) Paragraph 12(5) of that Schedule has effect in relation to a summons or warrant issued under
paragraph 12(2A) as if the reference to the court by which the suspended sentence was passed were
a reference to the Court Martial.
Amendments Pending
Commencement
Extent
Activation of suspended sentence: appeals etc
Law In Force
9
(1) Where an order under paragraph 8(2)(a) or (b) of that Schedule is made by the Court Martial
or the Service Civilian Court, paragraph 9 of that Schedule has effect as if–
(a) […]1
(b) for sub-paragraphs (2) and (3) there were substituted–
“(2) The reference in sub-paragraph (1)(b) to another term of imprisonment does

not include a term from which the offender has been released early under Chapter
6 of Part 12 [ of this Act or under Part 2 of the Criminal Justice Act 1991 ] 2 .
(3) For the purposes of sections 285 to 287 [ of the Armed Forces Act 2006 ] 2
(appeals from Service Civilian Court) or, as the case may be, the Court Martial
Appeals Act 1968 (c. 20)–
(a) an order made by the Court Martial or the Service Civilian Court under
paragraph 8(2)(a) or (b) is to be treated as a sentence passed on the offender,
by the court that made that order, for the offence for which the suspended
sentence was passed; and
(b) if the offender was not convicted of that offence by that court he is to
be treated for the purpose of enabling him to appeal against the order as if
he had been so convicted.
(4) For the purposes of any appeal against the order, references in section 16A of
the Court Martial Appeals Act 1968 to passing a sentence include making an order.”
(2) Where an order under paragraph 8(2)(a) or (b) of that Schedule is made by the Crown Court in
relation to a suspended sentence passed by a relevant service court, paragraph 9 of that Schedule
has effect as if for sub-paragraph (3) there were substituted–
“(3) For the purposes of any enactment conferring rights of appeal against sentence in
criminal cases–
(a) an order made by the Crown Court under paragraph 8(2)(a) or (b) is to be treated
as a sentence passed on the offender by the Crown Court for the offence for which
the suspended sentence was passed; and
(b) the offender is to be treated as if he had been convicted on indictment of that
offence.”
Notes
1
2012)
2
Amended by Criminal Justice and Immigration Act 2008 c. 4 Sch.25(2) para.33 (October 31, 2009)
Amendments Pending
Commencement
Extent
SCHEDULE 8
AMENDMENT OF THE COURTS-MARTIAL (APPEALS) ACT 1968
Section 272
Law In Force
1
The Courts-Martial (Appeals) Act 1968 (c. 20) is amended as follows.
Amendments Pending
Commencement
Extent
Law In Force
2
For the heading to Part 1 substitute “THE COURT MARTIAL APPEAL COURT”.
Amendments Pending
Commencement
Extent
Law In Force
3
In section 1(1) (the court) for the words from the beginning to “air-force courts-martial,” substitute
“The Court Martial Appeal Court”.
Amendments Pending
Commencement
Extent
Law In Force
4
In section 4 (sittings) omit subsection (2).
Amendments Pending
Commencement
Extent
Law In Force
5
In section 5 (constitution of court for particular sittings), in subsection (3)(a)(iii) at the end insert
“or that the defendant did the act or made the omission charged against him”.
Amendments Pending
Commencement
Extent
Law In Force
6
For the heading to Part 2 substitute “APPEALS FROM THE COURT MARTIAL”.
Amendments Pending
Commencement
Extent
Law In Force
7
In section 8 (right of appeal against conviction or sentence)–
(a) in subsection (1)–
(i) for “court-martial” substitute “the Court Martial”;
(ii) in paragraph (b) at the end add “, whether passed on conviction or in subsequent
proceedings”;
(b) omit subsections (1A) to (4).
Amendments Pending
Commencement
Extent
Law In Force
8
Omit section 10 (alternative procedure for appeal from court-martial abroad).
Amendments Pending
Commencement
Extent
Law In Force
9
In section 11(1) (consideration of application by Appeal Court) omit “the Judge Advocate of Her
Majesty's Fleet or”.
Amendments Pending
Commencement
Sch. 8 para. 9: January 1, 2008 (SI 2007/2913 art. 3)
Extent
Law In Force
10
In section 12 (power to quash conviction as unsafe)–
(a) in subsection (1)(a) for “court-martial” substitute “the Court Martial”;
(b) after subsection (2) add–
“(3) Where the Appeal Court quash a conviction, the appellant is to be treated as if
he had been acquitted by the Court Martial; but this does not apply if an order under
section 19 authorising the appellant to be retried is made.”
Amendments Pending
Commencement
Extent
Law In Force
11
For section 13 (adjustment of sentence in case of conviction on two or more charges) substitute–
“13 Power to re-sentence when some but not all convictions successfully appealed
(a) on a single occasion a person is sentenced by the Court Martial in respect of
two or more offences; and
(b) the Appeal Court allow an appeal against conviction in respect of some but not
all of the offences.
(2) The Court may in respect of any offence of which the appellant remains convicted pass,
in substitution for the sentence passed by the Court Martial, any sentence that–
(a) they think appropriate; and
(b) is a sentence that the Court Martial had power to pass.

(3) But the Court may not exercise their powers under subsection (2) in such a way that the
appellant's sentences (taken together) for all the offences of which he remains convicted
are more severe than the sentences (taken together) passed on him by the Court Martial on
the occasion mentioned in subsection (1)(a).
(4) The reference in subsection (3) to the sentences passed by the Court Martial includes
those passed by that court in respect of offences as respects which appeals against conviction
have been allowed.”
Amendments Pending
Commencement
Extent
Law In Force
12
(1) Section 14 (substitution of conviction on different charge) is amended as follows.
(2) In the sidenote, at the end add “otherwise than after guilty plea”.
(3) For subsection (1) substitute–
“(1) This section applies where–

(a) an appellant has been convicted of an offence to which he did not plead guilty;
(b) the Court Martial could lawfully have found him guilty of some other offence;
and
(c) it appears to the Appeal Court on an appeal against conviction that the Court
Martial must have been satisfied of facts which prove him guilty of that other
offence.”
(a) for “court-martial” in both places substitute “Court Martial”;
(b) for the words from “such sentence as” to the end substitute
“any sentence that–

(a) they think appropriate;
(b) is a sentence that the Court Martial would have had power to pass in
respect of that other offence; and
(c) is not more severe than the sentence passed by the Court Martial.”
Amendments Pending
Commencement
Sch. 8 para. 12(1)-(4)(b): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Sch. 8 para. 12(1)-(4)(b): United Kingdom (extends to the Isle of Man and the British overseas territories and may
Law In Force
13
In section 14A (substitution of conviction on different charge after guilty plea), in subsection (2)
for the words from “court-martial” to the end substitute
“Court Martial, any sentence that–

(a) they think appropriate;
(b) is a sentence that the Court Martial would have had power to pass in respect of
that other offence; and
(c) is not more severe than the sentence passed by the Court Martial.”
Amendments Pending
Commencement
Extent
Law In Force
14
Omit section 15 (variation of conviction so as to attract different sentence).
Amendments Pending
Commencement
Extent
Law In Force
15
In section 16 (substitution of finding of insanity etc)–
(a) in subsection (1) after “are of” insert “the”;
(b) for subsections (2) to (4) substitute–
“(1A) The Appeal Court shall, instead of allowing or dismissing the appeal, substitute
for the finding appealed against–
(a) a finding of not guilty by reason of insanity; or
(b) findings that the appellant was unfit to stand trial and that he did the act
or made the omission charged against him.
(2) Sections 169(2) to (5) and 170 of, and Schedule 4 to, the 2006 Act apply (with
any necessary modifications) in relation to the Appeal Court as they apply in relation
to the Court Martial in a case in which section 169 of that Act applies.
(3) Section 172 of that Act (meaning of “duly approved” etc) applies for the purposes
of this section (and references there to the defendant are to be read as references to
the appellant).”;
(c) in subsection (5) for “a judicial officer” in both places substitute “the Court Martial”;
(d) omit subsection (6).
Amendments Pending
Commencement
Sch. 8 para. 15(a)-(d): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Law In Force
16
For section 16A (powers on appeals against sentence) substitute–
“16A Appeals against sentence

(1) Where, on a single occasion, the Court Martial passes two or more sentences on a person,
an appeal or application for leave to appeal against any of those sentences is to be treated
as an appeal or application in respect of both or all of them.
(2) On an appeal against sentence the Appeal Court may quash the sentence passed by the
Court Martial and pass in substitution for it any sentence that–
(a) they think appropriate; and
(b) is a sentence that the Court Martial had power to pass in respect of the offence.
(3) But the Court may not exercise their powers under subsection (2) in such a way that,
taking the case as a whole, the appellant is dealt with more severely on appeal than he was
dealt with by the Court Martial.”
Amendments Pending
Commencement
Extent
Law In Force
17
In section 17 (sentences passed by the Appeal Court)–
(a) in the sidenote for “or 15” substitute “, 14A or 16A”;
(b) for subsection (1) substitute–
“(1) Unless the Court otherwise direct, a sentence passed by the Appeal Court under
section 13, 14, 14A or 16A takes effect from the beginning of the day on which the
Court Martial passed sentence.”;
(c) omit subsection (2).
Amendments Pending
Commencement
Extent
Law In Force
18
Omit section 17A (application of certain provisions of SDAs in relation to appeals by civilians).
Amendments Pending
Commencement
Extent
Law In Force
19
Omit section 18 (retrial generally excluded).
Amendments Pending
Commencement
Extent
Law In Force
20
In section 19 (power to authorise retrial in certain cases)–
(a) in subsection (1) for “court-martial” substitute “the Court Martial”;
(b) in subsection (2) for the words from “the restrictions” to the end substitute “section 63
of the 2006 Act (service proceedings barring subsequent service proceedings).”;
(c) in subsection (3)–
(i) for the words from the beginning to “other than” substitute “An order under this
section may authorise the appellant to be retried for”;
(ii) in paragraph (a) for “original court-martial” substitute “Court Martial”;
(iii) in paragraph (b) for “at the original court-martial” substitute “by the Court
Martial”;
(iv) in paragraph (c) for “court-martial” substitute “Court Martial”;
(d) in subsection (4) for the words from “but whether” to the end substitute “if any such
direction is made the Director of Service Prosecutions must bring the charge or charges so
specified (which are to be regarded for the purposes of Part 5 of the 2006 Act as allocated
for Court Martial trial).”;
(e) after that subsection add–
“(5) Section 125 of the 2006 Act (powers of DSP after charge) has effect in relation
to a charge on which a person is to be retried under this section (whether or not a
fresh charge) subject to such modifications as may be contained in Court Martial
rules (within the meaning of that Act).”
Amendments Pending
Commencement
Sch. 8 para. 20(a)-(e): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Sch. 8 para. 20(a)-(e): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend
21
In section 20 (implementation of authority for retrial etc)–
(a) for subsection (1) substitute–
“(1) Where–
(a) an order under section 19 authorising the retrial of a person has been
made, and
(b) the person has not been arraigned (in pursuance of the order) within
three months beginning with the date of the order,
the person may not be arraigned unless the Appeal Court give leave.
(1A) A person who may not be arraigned without the leave of the Appeal Court may
apply to the Court to set aside the order under section 19.
(1B) On an application under subsection (1) or (1A) the Appeal Court may–
(a) grant leave to arraign; or
(b) set aside the order under section 19.
(1C) But leave to arraign may be granted only if the Appeal Court are satisfied–
(a) that the prosecution has acted with all due expedition; and
(b) that there is a good and sufficient reason for a retrial in spite of the lapse
of time since the order under section 19 was made.
(1D) Where an order under section 19 authorising the retrial of a person for an
offence is set aside, the person is to be treated as if he had been acquitted by the
Court Martial of the offence.
(1E) Where the Appeal Court authorise the retrial of a person they may–
(a) by order authorise the keeping of that person in service custody–
(i) for such period, ending not later than 8 days after the date the
order is made, as the Court think appropriate; or
(ii) if the person is legally represented and consents, for such period,
not exceeding 28 days, as the Court think appropriate; or
(b) require that person to comply with such requirements as seem to the
Court to be necessary for a purpose mentioned in section 107(3) of the 2006
Act.
(1F) Where the person is in service custody the Appeal Court may under subsection
(1E)(b) impose a requirement that must be complied with before the person may be
released.
(1G) An order under subsection (1E)(a) is to be treated, for the purposes of Part 4
of the 2006 Act, as made under section 105(2) of that Act.
(1H) A requirement imposed under subsection (1E)(b) is to be treated, for the

purposes of Part 4 of the 2006 Act, as imposed under section 107(3) of that Act
(and, where appropriate, by virtue of section 107(3)(a) of that Act).”;
(b) after subsection (2) insert–
“(2A) In subsection (2)“relevant time” means–

(a) where arraignment takes place within the three months referred to in
subsection (1)–
(i) if the defendant is convicted on his retrial, the end of 28 days
beginning with the date of conviction;
(ii) otherwise, the time when the case is finally disposed of;
(b) where arraignment does not take place within those three months, the
end of those three months.”;
(i) for “a direction” substitute “an order or direction”;
(ii) after “that” insert “order or”;
(d) after that subsection insert–
“(3A) In subsection (3)“relevant time” means–

(a) where arraignment takes place within the three months referred to in
subsection (1), the time when the case is finally disposed of;
(b) otherwise, the end of those three months.”;
(e) in subsection (4) for “Part VI of the Mental Health (Scotland) Act 1984” substitute “the
Mental Health (Care and Treatment) (Scotland) Act 2003”;
(f) omit subsection (5);
(g) in subsection (6) omit the words from “of this Act” to the end.
Amendments Pending
Commencement
Sch. 8 para. 21(a)-(b), (d)-(g): Date to be appointed (not yet in force)
Sch. 8 para. 21(c)-(c)(ii): October 1, 2008 (SI 2008/1650 art. 4(a))
Extent
Sch. 8 para. 21(a)-(g): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend
Law In Force
22
In section 21 (appeal against finding of not guilty by reason of insanity)–
(i) for “court-martial” substitute “the Court Martial”;

(ii) omit the words from “; and in relation to” to the end;
(b) after that subsection insert–
“(1A) On an appeal under this section the Appeal Court–

(a) shall (subject to subsection (2)) allow the appeal if they think the finding
is unsafe; and
(b) shall dismiss the appeal in any other case.
(1B) Sections 19 and 20 and paragraph 2 of Schedule 1 apply in relation to appeals
under this section as they apply in relation to appeals against conviction (and
references there to conviction, and to related expressions, are to be read
accordingly).”;
(c) in subsection (2) before “opinion” insert “the”.
Amendments Pending
Commencement
Extent
Law In Force
23
In section 22 (consequences where appeal under section 21 allowed)–
(i) before “opinion” insert “the”;
(ii) for “court-martial” in both places substitute “Court Martial”;
(b) in subsection (3)–
(i) for “court-martial which tried him” substitute “Court Martial”;
(ii) for the words “section 13, 14 or 15 of this Act” substitute “a provision mentioned
in section 17(1)”;
(c) for subsection (4) substitute–
“(3A) If the Appeal Court, on the written or oral evidence of two or more registered
medical practitioners at least one of whom is duly approved, are of the opinion
mentioned in section 16(1)(b) (court below ought to have found defendant unfit to
stand trial etc)–
(a) the Court shall substitute for the finding of the Court Martial findings
that the appellant was unfit to stand trial and that he did the act or made the
omission charged against him; and
(b) section 16(2) to (5) apply as they apply for the purposes of section 16.
(3B) Section 172 of the 2006 Act (meaning of “duly approved” etc) applies for the
purposes of subsection (3A) (and references there to the defendant are to be read as
references to the appellant).
(4) If the case is not within subsection (2) or (3A), the Appeal Court must quash the
finding appealed against.
(5) Where the Appeal Court quash a finding of not guilty by reason of insanity, the
appellant is to be treated as if he had been acquitted by the Court Martial; but this
does not apply if an order under section 19 authorising the appellant to be retried is
made.”
Amendments Pending
Commencement
Extent
Law In Force
24
Omit section 23 (substitution of finding of unfitness to stand trial etc).
Amendments Pending
Commencement
Extent
Law In Force
25
In section 24 (appeal against finding of unfitness)–
(a) in subsection (1) for “a court-martial” substitute “the Court Martial”;
(b) omit subsection (2).
Amendments Pending
Commencement
Extent
Law In Force
26
(1) Section 25 (disposal of appeals under section 24) is amended as follows.
(2) After subsection (1) insert–
“(1A) The Appeal Court–

(a) shall allow an appeal against a finding if they think the finding is unsafe; and
(b) shall dismiss such an appeal in any other case.
(1B) If the Appeal Court allow an appeal against a finding they shall quash the finding.”
(a) for “allow an appeal against” substitute “quash”;
(b) in paragraph (a) for “appellant may be tried accordingly” substitute “Court may make
an order authorising the appellant to be tried”;
(c) for paragraph (b) substitute–
“(b) if such an order is made, section 20 and paragraph 2 of Schedule 1

apply in relation to the case as they apply in relation to a case in which an
order under section 19 is made (and references there to conviction, and to
related expressions, are to be read accordingly).”
“(3) Where the Appeal Court quash a finding that the defendant did the act or made the
omission charged, the appellant is to be treated as if he had been acquitted by the Court
Martial; but this does not apply if an order under subsection (2)(a) authorising the appellant
to be tried is made.”
Amendments Pending
Commencement
Extent
Law In Force
27
For section 25A (right of appeal against hospital order etc) substitute–
“25A Right of appeal against hospital order etc

(1) A person may, with the leave of the Appeal Court, appeal against the making by the
Court Martial of an order within subsection (2) in respect of him.
(2) The orders are–
(a) a hospital order;
(b) an interim hospital order;
(c) a service supervision order (as defined by section 170 of the 2006 Act).”
Amendments Pending
Commencement
Extent
Law In Force
28
In section 25B (disposal of appeals under section 25A)–
(a) in subsections (1) and (2) for “court below” in each place substitute “Court Martial”;
(b) in subsection (2) omit “under the Mental Health Act 1983”;
(c) for subsections (3) to (5) substitute–
“(3) Section 16(5) applies in relation to interim hospital orders made by virtue of
this section as it applies in relation to such orders made by virtue of section 16.
(4) The fact that an appeal is pending against a service supervision order (as defined
by section 170 of the 2006 Act) shall not affect any power conferred on any other
court to revoke or amend the order.”
Amendments Pending
Commencement
Extent
Law In Force
29
Omit section 26 (presentation of appellant's case).
Amendments Pending
Commencement
Extent
Law In Force
30
For section 27 (presence of appellant at hearing) substitute–
“27 Right of appellant to be present

(1) An appellant (whether or not in custody) is entitled to be present on the hearing of his
appeal.
(2) Subsection (1) does not apply to an appellant in custody–
(a) where his appeal is on a ground involving only a question of law,
(b) on an application by him for leave to appeal, or
(c) on any proceedings preliminary or incidental to an appeal,
unless the Appeal Court give him leave to be present.”
Amendments Pending
Commencement
Extent
Law In Force
31
In section 28 (evidence)–
(i) in paragraph (b), for “at the trial” in the first place where it occurs substitute “in
the proceedings from which the appeal lies” and in the second place where it occurs
substitute “in those proceedings”;
(ii) in paragraph (c) for “at the trial” substitute “in the proceedings from which the
appeal lies”;
(b) in subsection (2)–
(i) in paragraph (c) for “at the trial” substitute “in the proceedings from which the
appeal lies”;
(ii) in paragraph (d) for “at the trial” substitute “in those proceedings”.
Amendments Pending
Commencement
Sch. 8 para. 31(a)-(b)(ii): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Sch. 8 para. 31(a)-(b)(ii): United Kingdom (extends to the Isle of Man and the British overseas territories and may
Law In Force
32
In section 29 (power to call for report by member of trial court)–
(a) in the sidenote for “trial court” substitute “the Court Martial”;
(b) in subsection (1) for the words from “court-martial” to “trial,” substitute “court in the
proceedings from which the appeal lies”;
(c) omit subsection (2).
Amendments Pending
Commencement
Extent
Law In Force
33
In section 31 (costs of successful appeal) in subsection (2), for the words from “case” to the end
substitute “proceedings (in the Appeal Court and below).”
Amendments Pending
Commencement
Extent
Law In Force
34
In section 32 (costs against appellant) in subsection (2) for paragraph (b) substitute–
“(b) if the appellant or applicant is a member of the regular or reserve forces (as
defined by section 374 of the 2006 Act), by making deductions from pay due to
him,”.
Amendments Pending
Commencement
Extent
Law In Force
35
In section 33 (witnesses' expenses) after subsection (1) insert–
“(1A) Subsection (1) applies in relation to a registered medical practitioner who makes a
written report to the Appeal Court in pursuance of a request made by the court as it applies
in relation to a person who is called to give evidence at the instance of the court.”
Amendments Pending
Commencement
Extent
Law In Force
36
In section 34 (reference of cases by service authorities)–
(i) for “court-martial” in the first place where it occurs substitute “the Court Martial”
and in the other three places where it occurs substitute “Court Martial”;
(ii) in paragraph (a) omit “the Judge Advocate of Her Majesty's Fleet or”;
(iii) for “the Judge Advocate of Her Majesty's Fleet, the Judge Advocate General”
substitute “the Judge Advocate General”;
(b) omit subsection (3);
(c) in subsection (4) for “a court-martial” substitute “the Court Martial”.
Amendments Pending
Commencement
Sch. 8 para. 36(a), (a)(ii)-(a)(iii): January 1, 2008
Sch. 8 para. 36(a)(i), (b)-(c): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Law In Force
37
In section 36 (powers exercisable by single judge) in subsection (1)–
(a) omit “under this Part of this Act”;
(b) omit paragraph (a);
(c) after paragraph (c) insert–
“(ca) to make orders, or impose requirements, under section 20(1E);”;

(d) in paragraph (g) omit the words from “and the power” to the end;
(e) after paragraph (h) insert–
“(i) to give a direction under section 3(4) of the Sexual Offences

(Amendment) Act 1992 (direction disapplying provision as to anonymity of
victim);
(j) to give leave under section 14(4B) of the Criminal Appeal Act 1995
(leave to add grounds of appeal on reference by Criminal Cases Review
Commission);”.
Amendments Pending
Commencement
Sch. 8 para. 37(a): October 1, 2008 (SI 2008/1650 art. 4(a))
Sch. 8 para. 37(b)-(e): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Sch. 8 para. 37(a)-(e): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend
Law In Force
38
In section 36C (appeals against procedural directions) in subsection (5)(b)–
(a) for “Defence Council” substitute “Director of Service Prosecutions”;
(b) for “Defence Council's” substitute “Director of Service Prosecutions'”.
Amendments Pending
Commencement
Extent
Law In Force
39
For section 37 (provision of documents relating to trial) substitute–
“37 Provision of record of proceedings of the Court Martial

In the case of every appeal or application for leave to appeal to the Appeal Court, the Judge
Advocate General must provide the registrar, in accordance with rules of court, with a record
of the proceedings of the Court Martial.”
Amendments Pending
Commencement
Extent
Law In Force
40
In section 38 (defence of appeals) for “Defence Council” substitute “Director of Service
Prosecutions”.
Amendments Pending
Commencement
Extent
Law In Force
41
For the heading to Part 3 substitute “APPEAL FROM COURT MARTIAL APPEAL COURT TO
SUPREME COURT”.
Amendments Pending
Commencement
Extent
Law In Force
42
In section 39 (right of appeal to Supreme Court) in subsection (1) for “Defence Council” substitute
“Director of Service Prosecutions”.
Amendments Pending
Commencement
Extent
Law In Force
43
In section 43 (detention of accused)–
“(1) The Appeal Court may make an order under this section where–
(a) but for the decision of the Appeal Court, the accused would be liable to
be detained; and
(b) immediately after that decision, the Director of Service Prosecutions is
granted leave to appeal or gives notice that he intends to apply for leave to
appeal.
(1A) An order under this section is–
(a) an order providing for the detention of the accused so long as any appeal
to the Supreme Court is pending; or
(b) an order directing that, so long as any appeal to the Supreme Court is
pending, the accused is not to be released except on bail.
(1B) Where an order within subsection (1A)(b) is made, the Appeal Court may grant
the accused bail pending the appeal.”;
(b) in subsection (4) for “Mental Health (Scotland) Act 1984” substitute “Mental Health
(Care and Treatment) (Scotland) Act 2003”.
Amendments Pending
Commencement
Sch. 8 para. 43(a): October 31, 2009 (SI 2009/1167 art. 4)
Sch. 8 para. 43(b): October 1, 2008 (SI 2008/1650 art. 4(a))
Extent
Law In Force
44
Omit section 46 (restitution of property).
Amendments Pending
Commencement
Extent
Law In Force
45
In section 47 (costs)–
(a) in subsection (1) for “Secretary of State” in the first place where it occurs substitute
“Director of Service Prosecutions”;
(b) in subsection (3) for the words from “case up to” to the end substitute “proceedings (in
the Supreme Court and below).”
Amendments Pending
Commencement
Extent
Law In Force
46
(1) Section 48A (appeals on behalf of deceased persons) is amended as follows.
(2) In subsection (1)(b) after “above” insert “or by a reference by the Criminal Cases Review
Commission”.
(3) In subsection (3)(c) for “Court of Appeal” substitute “Appeal Court”.
(4) In subsection (4) at the beginning insert “Except in the case of an appeal begun by a reference
by the Criminal Cases Review Commission,”.
Amendments Pending
Commencement
Extent
Law In Force
47
In section 50 (duties of registrar with respect to appeals etc)–
(a) in subsection (1) for “court-martial by which the appellant or applicant was tried”
substitute “Court Martial”;
(b) in subsection (2) for “court-martial” substitute “the Court Martial”.
Amendments Pending
Commencement
Extent
Law In Force
48
In section 52 (removal of prisoners) for paragraphs (a) to (c) substitute–
“(a) section 300 of the 2006 Act;”.
Amendments Pending
Commencement
Extent
Law In Force
49
In section 54 (saving for prerogative) in subsection (1) for “court-martial” substitute “the Court
Martial”.
Amendments Pending
Commencement
Extent
Law In Force
50
For section 56 substitute–
“56 Modifications for protected prisoners of war

As respects a protected prisoner of war (as defined by section 7(1) of the Geneva Conventions
Act 1957), this Act applies in relation to a prisoner of war court-martial constituted under
a Royal Warrant as it applies in relation to the Court Martial, subject to such modifications
as may be contained in the Royal Warrant.”
Amendments Pending
Sch. 8 para. 50: repealed by Armed Forces Act 2011 c. 18 Sch. 5 para. 1 (Not yet in force)
Commencement
Sch. 8 para. 50: March 28, 2009 for the purpose of enabling Royal Warrants to be made; October 31, 2009 otherwise
(SI 2009/812 art. 3(a)(iii); SI 2009/1167 art. 4)
Extent
Law In Force
51
(1) Section 57 (interpretation) is amended as follows.
(a) after “unless the context otherwise requires,–” insert–
““the 2006 Act” means the Armed Forces Act 2006;”;

(b) omit the definitions of–
“the Air Force Act”;

“air force court-martial”;
“the Army Act”;
“army court-martial”;
“court-martial”;
“duly approved”;
“the Judge Advocate General”;
“judicial officer”;
“the Naval Discipline Act”;
“naval court-martial”;
“restriction order”;
“supervision order”;
(c) in the definition of “appellant” omit “has been tried by court-martial and”;
(d) after the definition of “court-martial” (omitted by virtue of subparagraph (b)) insert–
““Director of Service Prosecutions”has the meaning given by section 374

of the 2006 Act;”.
(3) Omit subsections (2) to (2B).
(4) In subsection (3) for the words from “the accused in the court-martial” to the end substitute
“the appellant in the Appeal Court.”
Amendments Pending
Commencement
Extent
Law In Force
52
Omit section 58 (consequential amendments).
Amendments Pending
Commencement
Extent
Law In Force
53
In section 61 (short title and commencement), in subsection (1) for “Courts-Martial (Appeals) Act
1968” substitute “Court Martial Appeals Act 1968”.
Amendments Pending
Commencement
Extent
Law In Force
54
For Schedule 1 (provisions as to retrial) substitute–
“SCHEDULE 1
PROVISIONS AS TO RETRIAL
Section 20
1
This Schedule applies where an order under section 19 is made authorising the retrial of a
person.
2
Evidence given at the retrial must be given orally if it was given orally at the original trial,
unless–
(a) all parties to the retrial agree otherwise;
(b) section 116 of the Criminal Justice Act 2003 applies (admissibility of hearsay
evidence where a witness is unavailable); or
(c) the witness is unavailable to give evidence, otherwise than as mentioned in
subsection (2) of that section, and section 114(1)(d) of that Act applies (admission
of hearsay evidence under residual discretion).
3
If the person is convicted on the retrial, the Court Martial may not pass a sentence that is
(or sentences that, taken together, are) more severe than the sentence (or the sentences,
taken together) passed at the original trial.
4
In sections 246 and 247 of the 2006 Act (crediting of time in service custody) as they apply
in relation to the retrial, references to the offender being kept in service custody include
references to his being kept in custody (whether service or otherwise) in pursuance of a
sentence passed at the original trial.”
Amendments Pending
Commencement
Extent
Law In Force
55
Omit Schedule 3 (modifications in relation to prisoners of war).
Amendments Pending
Commencement
Extent
Law In Force
56
Omit Schedule 4 (consequential amendments).
Amendments Pending
Commencement
Extent
SCHEDULE 9
ASSESSORS OF COMPENSATION FOR MISCARRIAGES OF JUSTICE
Section 276
Law In Force
1
(1) A person is qualified for appointment as an assessor for the purposes of section 276 if he–
(a) has a seven year general qualification within the meaning of section 71 of the Courts
and Legal Services Act 1990 (c. 41);
(b) is an advocate or solicitor in Scotland;
(c) is a member of the Bar of Northern Ireland, or a solicitor of the Court of Judicature of
Northern Ireland, of at least seven years' standing;
(d) holds or has held judicial office in any part of the United Kingdom;
(e) is a member (whether the chairman or not) of the Criminal Injuries Compensation
Board; or
(f) has in a relevant territory rights and duties similar to those of a barrister or solicitor in
England and Wales, has had those rights and duties for at least seven years, and is subject
to punishment or disability for breach of professional rules.
(2) In this paragraph “relevant territory” means–
Amendments Pending
Commencement
Sch. 9 para. 1(1)-(2)(d): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Sch. 9 para. 1(1)-(2)(d): United Kingdom (extends to the Isle of Man and the British overseas territories and may
Law In Force
2
A person shall hold and vacate office as an assessor in accordance with the terms of his appointment.
Amendments Pending
Commencement
Extent
Law In Force
3
A person shall vacate office as an assessor–
(a) if he ceases to be qualified for appointment as an assessor, or
(b) on attaining the age of 72,
unless the Secretary of State considers that it is in the interests of the efficient operation of section
276 that he should continue to hold office.
Amendments Pending
Commencement
Extent
Law In Force
4
A person may at any time resign his office as an assessor by notice in writing given to the Secretary
of State.
Amendments Pending
Commencement
Extent
Law In Force
5
Subject to paragraph 6, the Secretary of State may at any time remove a person from office as an
assessor if satisfied that–
(a) he has been convicted of a criminal offence;
(b) he has become bankrupt, has made an arrangement with his creditors, has had his estate
sequestrated or has granted a trust deed for his creditors or a composition contract; […]1
[ (ba) has had a debt relief order made in respect of him (under Part 7A of the Insolvency
Act 1986); or ] 2
(c) he is unable or unfit to perform his duties.
Notes
1
Word repealed by Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012/2404
Sch.2 para.59(3)(a) (October 1, 2012: repeal has effect subject to transitional provisions specified in SI 2012/2404
art.5)
2
Added by Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012/2404 Sch.2
para.59(3)(b) (October 1, 2012: insertion has effect subject to transitional provisions specified in SI 2012/2404
art.5)
Amendments Pending
Commencement
Extent
Sch. 9 para. 5(a)-(b), (c): United Kingdom (extends to the Isle of Man and the British overseas territories and may
Sch. 9 para. 5(ba): United Kingdom (2006 c.52 sch.9 para.5(ba) does not extend to the Isle of Man or the British
overseas territories)
Law In Force
6
(1) The exercise of the power conferred by paragraph 5 is subject to the following provisions of
this paragraph.
(2) In the case of a person who qualifies for appointment under–
(a) paragraph 1(1)(a), or
(b) paragraph 1(1)(d) by virtue of holding or having held judicial office in England and
Wales,
that power shall only be exercisable with the consent of the Lord Chancellor, which may only be
given with the concurrence of the Lord Chief Justice of England and Wales.
(a) paragraph 1(1)(b), or
(b) paragraph 1(1)(d) by virtue of holding or having held judicial office in Scotland,
that power shall only be exercisable with the consent of the Lord President of the Court of Session.
(a) paragraph 1(1)(c), or
(b) paragraph 1(1)(d) by virtue of holding or having held judicial office in Northern Ireland,
that power shall only be exercisable with the consent of the Lord Chancellor, which may only be
given with the concurrence of the Lord Chief Justice of Northern Ireland.
Amendments Pending
Commencement
Extent
Law In Force
7
An assessor shall be paid such remuneration and allowances as the Secretary of State may determine.
Amendments Pending
Commencement
Extent
SCHEDULE 10
PROCEEDINGS OF THE SERVICE CIVILIAN COURT
Section 278
Law In Force
1 Court to sit in public

Subject to any provision made by SCC rules, the Service Civilian Court must sit in open court.
Amendments Pending
Commencement
Extent
Law In Force
2 Unfitness to stand trial and insanity

Where on a trial of a charge by the Service Civilian Court any question arises (whether at the
instance of the defence or otherwise)–
(a) whether the defendant is fit to stand trial, or
(b) where it appears that the defendant did the act or made the omission charged against
him as the offence, whether he was insane at the time of the act or omission,
the court must refer the charge to the Court Martial for trial by that court.
Amendments Pending
Commencement
Extent
Law In Force
3 Privilege of witnesses and others

A witness before the Service Civilian Court or any other person whose duty it is to attend the court
is entitled to the same immunities and privileges as a witness before a magistrates' court in England
or Wales.
Amendments Pending
Commencement
Extent
SCHEDULE 11
POWERS OF THE CRIMINAL CASES REVIEW COMMISSION
Section 321
Law In Force
1 Amendment of the Court Martial Appeals Act 1968

After section 29 of the Court Martial Appeals Act 1968 insert–
“29A Power to order investigation by Criminal Cases Review Commission

(1) On an appeal against conviction or an application for leave to appeal against conviction,
the Appeal Court may direct the Criminal Cases Review Commission to investigate and
report to the Court on any matter if it appears to the Court that–
(a) in the case of an appeal, the matter is relevant to the determination of the appeal
and ought, if possible, to be resolved before the appeal is determined;
(b) in the case of an application for leave to appeal, the matter is relevant to the
determination of the application and ought, if possible, to be resolved before the
application is determined;
(c) an investigation of the matter by the Commission is likely to result in the Court's
being able to resolve it; and
(d) the matter cannot be resolved by the Court without an investigation by the
Commission.
(2) A direction under subsection (1) above may not be given by a single judge,
notwithstanding that, in the case of an application for leave to appeal, the application may
be determined by a single judge as provided for by section 36 of this Act.
(3) A direction by the Appeal Court under subsection (1) above shall be given in writing
and shall specify the matter to be investigated.
(4) Copies of such a direction shall be made available to the appellant and the respondent.
(5) Where the Commission have reported to the Appeal Court on any matter which they
have been directed under subsection (1) above to investigate, the Court–
(a) shall notify the appellant and the respondent that the Commission have reported;
and
(b) may make available to the appellant and the respondent the report of the
Commission and any statements, opinions and reports which accompanied it.
(6) In this section “respondent”includes a person who will be a respondent if leave to appeal
is granted.”
Amendments Pending
Commencement
Extent
Law In Force
2 Amendments of the Criminal Appeal Act 1995

After section 12 of the Criminal Appeal Act 1995 (c. 35) insert–
“12A Cases dealt with by the Court Martial

(1) Where a person has been convicted by the Court Martial (including on an appeal brought
from the Service Civilian Court), the Commission–
(a) may at any time refer the conviction to the Court Martial Appeal Court, and
(b) (whether or not they refer the conviction) may at any time refer to the Court
Martial Appeal Court any sentence (other than one fixed by law) imposed by the
Court Martial on, or in subsequent proceedings relating to, the conviction.
(2) Where a person has been convicted by the Service Civilian Court and sentenced by the
Court Martial on an appeal against sentence only, the Commission may at any time refer
to the Court Martial Appeal Court that sentence of the Court Martial and any other sentence
imposed by the Court Martial in respect of a connected conviction within the meaning given
by section 12B(6).
(3) A reference under subsection (1) of a person's conviction shall be treated for all purposes
as an appeal by the person under section 8 of the Court Martial Appeals Act against the
conviction.
(4) On a reference under subsection (1) of a person's conviction, the Commission may give
notice to the Court Martial Appeal Court that any related conviction specified in the notice
is to be treated as referred to that court under subsection (1).
(5) A reference under subsection (1) of a sentence imposed on, or in subsequent proceedings
relating to, a person's conviction shall be treated for all purposes as an appeal by the person
under section 8 of the Court Martial Appeals Act against–
(a) the sentence, and
(b) any other sentence (other than one fixed by law) imposed by the Court Martial
on, or in subsequent proceedings relating to, the conviction or any related conviction.
(6) A reference under subsection (2) of a person's sentence shall be treated for all purposes
as an appeal by the person under section 8 of the Court Martial Appeals Act against–
(b) any other sentence imposed by the Court Martial in respect of a connected
conviction within the meaning given by section 12B(6).
(7) Where a finding of not guilty by reason of insanity has been made by the Court Martial
in the case of a person, the Commission may at any time refer the finding to the Court
Martial Appeal Court; and a reference under this subsection shall be treated for all purposes
as an appeal by the person under section 21 of the Court Martial Appeals Act against the
finding.
(8) Where the Court Martial has found that a person is under a disability and that he did the
act or made the omission charged against him, the Commission may at any time refer either
or both of those findings to the Court Martial Appeal Court; and a reference under this
subsection shall be treated for all purposes as an appeal by the person under section 24 of
the Court Martial Appeals Act against the finding or findings referred.
(9) For the purposes of this section convictions are “related” if they are of the same person
in the same proceedings.
12B Cases dealt with by the Service Civilian Court

(1) Where a person has been convicted of an offence by the Service Civilian Court, the
Commission–
(a) may at any time refer the conviction to the Court Martial; and
(b) (whether or not they refer the conviction) may at any time refer to the Court
Martial any sentence imposed by the Service Civilian Court on, or in subsequent
proceedings relating to, the conviction.
(2) A reference under subsection (1) of a person's conviction shall be treated for all purposes
as an appeal by the person under section 285 of the Armed Forces Act 2006 against the
conviction (whether or not he pleaded guilty).
(3) A reference under subsection (1) of a sentence imposed on, or in subsequent proceedings
relating to, a person's conviction shall be treated for all purposes as an appeal by the person
under section 285 of the Armed Forces Act 2006 against–
(b) any other sentence imposed by the Service Civilian Court on, or in subsequent
proceedings relating to, the conviction or any connected conviction.
(4) On a reference under subsection (1) of a person's conviction, the Commission may give
notice to the Court Martial that any connected conviction which is specified in the notice
is to be treated as referred to the Court Martial under subsection (1).
(5) On a reference under this section the Court Martial may not impose a sentence more
severe than that imposed by the Service Civilian Court.
(6) For the purposes of this section convictions are “connected” if they are of the same
person by the same court on the same day.”
Amendments Pending
Commencement
Extent
Law In Force
3
In section 13(1) of that Act (conditions for making of references), for “12” substitute “12B”.
Amendments Pending
Commencement
Extent
Law In Force
4
(1) Section 14 of that Act (further provisions about references) is amended as follows.
(2) In subsection (1) for “12” substitute “12B”.

(a) for “9 or 10” substitute “9, 10 or 12A”;
(b) after “Court of Appeal”, in the first place where it occurs, insert “or, as the case may
be, of the Court Martial Appeal Court”;
(c) for “Court of Appeal”, in the second place where it occurs, substitute “court to which
the reference is made”.
(6) In subsection (4A) for “9 or 10” substitute “9, 10 or 12A”.
(7) In subsection (4B) after “Court of Appeal” insert “or, as the case may be, the Court Martial
Appeal Court”.
(8) In subsection (5) for “11 or 12” substitute “11, 12 or 12B”.
Amendments Pending
Commencement
Extent
Law In Force
5
(1) Section 15 of that Act (investigations for Court of Appeal) is amended as follows.
(2) In the sidenote after “Court of Appeal” insert “and Court Martial Appeal Court”.
(a) after “a direction” insert “(a “relevant direction”)”;
(b) after “1980 Act” insert “or by the Court Martial Appeal Court under section 29A(1) of
the Court Martial Appeals Act,”.
(4) In subsection (2) for “Court of Appeal” substitute “relevant Court”.
(a) in paragraph (a)–
(i) for “Court of Appeal” substitute “relevant Court”;
(ii) for the words from “direction” to “1980 Act” substitute “relevant direction”;
(b) in paragraph (b) for “Court of Appeal” substitute “relevant Court”.
(a) for the words from “report to” to “1980 Act” substitute “report to the relevant Court on
the investigation of any matter specified in a relevant direction”;
(b) for “Court of Appeal”, in the second place where it occurs, substitute “relevant Court”.
(7) After subsection (7) add–
“(8) In this section “relevant Court”, in relation to a direction, means the court that gave
the direction.”
Amendments Pending
Commencement
Extent
Law In Force
6
In section 16 of that Act (assistance in connection with prerogative of mercy), after subsection (2)
add–
“(3) In subsection (1)“conviction”includes a conviction by the Court Martial or the Service

Civilian Court, and in subsection (2)“case”includes the case of such a conviction.”
Amendments Pending
Commencement
Extent
Law In Force
7
(1) Section 18 of that Act (Government documents etc relating to current or old cases) is amended
as follows.
(2) In subsection (2) at the end of paragraph (b) add
“or
(c) is considering the case, or has at any earlier time considered the case, with a
view to deciding whether to make a reference under section 34 of the Court Martial
Appeals Act or whether to recommend the exercise of Her Majesty's prerogative of
mercy in relation to a conviction by the Court Martial or the Service Civilian Court.”
“(5) The Secretary of State shall, if required by the Commission to do so, give to the
Commission any document or other material which–
(a) contains representations made to him in relation to any case to which this
subsection applies, or
(b) was received by him in connection with any such case otherwise than from a
person serving in a government department,
and may give to the Commission any document or other material which is relevant to any
such case but does not fall within paragraph (a) or (b).
(6) Subsection (5) applies to a case if the Secretary of State is considering the case, or has
at any earlier time considered the case, as mentioned in subsection (2)(c).”
Amendments Pending
Commencement
Extent
Law In Force
8
(1) Section 19 of that Act (power to require appointment of investigating officers) is amended as
follows.
(2) In subsection (3) after “police” insert “or Provost Marshal”.

(3) In subsection (4)(b) for the words from “in another” to the end substitute “either in another
police force selected by the chief officer or in a service police force selected by him.”
“(4A) A requirement under this section imposed on a Provost Marshal may be–
(a) a requirement to appoint a person serving in the service police force in relation
to which he is Provost Marshal, or
(b) a requirement to appoint a person serving either in a police force selected by
the Provost Marshal or in another service police force selected by him.”
(a) for the words from “imposed” to “may be” substitute “imposed otherwise than on a
chief officer of police or a Provost Marshal may be”;
(b) in paragraph (a) after “body” insert “in relation to which the person on whom the
requirement is imposed is the appropriate person”;
(c) in paragraph (b) for the words from “police force” to “having” substitute “police force
or service police force, or in a public body (other than such a force) having”.
(a) after “police force” insert “or service police force”;
(b) after “(4)” insert “, (4A)”.
Amendments Pending
Commencement
Extent
Law In Force
9
(1) Section 22 of that Act (meaning of “public body” etc) is amended as follows.
(2) In subsection (4) (meaning of “the appropriate person”), after “means” insert “, subject to
subsection (4B)”.
“(4A) Subsection (4B) applies in relation to–

(a) the Royal Navy, the Royal Marines, the Royal Fleet Reserve, the Royal Naval
Reserve and the Royal Marines Reserve,
(b) the regular army (within the meaning of the Armed Forces Act 2006 ), the
[ Regular Reserve ] 1 and the [ Army Reserve ] 2 , and
(c) the Royal Air Force, the Royal Air Force Reserve and the Royal Auxiliary Air
Force.
(4B) In relation to a public body mentioned in subsection (4A), “the appropriate person”
means–
(a) in section 17, the Secretary of State;
(b) in sections 19 and 20–
(i) in the case of a body mentioned in subsection (4A)(a), the Provost Marshal
for the Royal Navy Police,
(ii) in the case of a body mentioned in subsection (4A)(b), the Provost
Marshal for the Royal Military Police,
(iii) in the case of a body mentioned in subsection (4A)(c), the Provost
Marshal for the Royal Air Force Police.
(4C) In section 19“service police force”has the same meaning as in the Armed Forces Act
2006.”
Notes
1
2
Words substituted by Defence Reform Act 2014 c. 20 Pt 3 s.44(3)(b) (October 1, 2014)
Amendments Pending
Commencement
Extent
Law In Force
10
(1) Section 30 of that Act is amended as follows.
(2) In subsection (1) after the definition of “the Commission” insert–
““the Court Martial Appeals Act” means the Court Martial Appeals Act 1968,”.
(3) In subsection (2) (meaning of “sentence”), after paragraph (d) add–
“(e) in section 12A has the same meaning as in the Court Martial Appeals Act,
(f) in section 12B has the same meaning as in section 285 of the Armed Forces Act
2006.”
Amendments Pending
Sch. 11 para. 10: repealed by Armed Forces Act 2006 c. 52 Pt 19 c. 4 s. 382 (November 2, 2016: repeal originally
Commencement
Extent
Law In Force
11
(1) In section 33 of that Act (extent), after subsection (4) add–
“(5) Nothing in this section affects the extent of–

(a) section 12A or 12B;
(b) section 14(4A) and (4B) so far as relating to the Court Martial Appeal Court;
or
(c) section 14(5) so far as relating to the Service Civilian Court.
(6) Section 384 of the Armed Forces Act 2006 (Channel Islands, Isle of Man and British
overseas territories) applies in relation to the provisions mentioned in subsection (5) above
as it applies in relation to that Act.”
Amendments Pending
Commencement
Sch. 11 para. 11(1): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Sch. 11 para. 11(1): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend
SCHEDULE 12
DETENTION ETC OF PERSONS IN OVERSEAS SERVICE HOSPITALS
Section 351
N Not Yet In Force

1 The relevant conditions

(1) In this Schedule references to the relevant conditions, in relation to a person, are to the following
conditions.
(2) Condition A is that the person is suffering from mental disorder.
(3) Condition B is that the mental disorder is of such a nature or degree as to warrant his detention
in a hospital for assessment or treatment for at least a limited period.
(4) Condition C is that it is necessary that the person be so detained–
(a) in the interests of his own health or safety; or
(b) with a view to the protection of others.
Amendments Pending
Commencement
Sch. 12 para. 1(1)-(4)(b): Date to be appointed (not yet in force)
Extent
N Not Yet In Force

2 Order for person's detention in overseas service hospital

(1) This paragraph has effect in relation to–
(a) a person subject to service law, or
(b) a civilian subject to service discipline,
outside the British Islands.
(2) Sub-paragraph (3) applies if it appears to the person's commanding officer that all the relevant
conditions are met in the case of the person and–
(a) two registered medical practitioners make recommendations that an order under that
sub-paragraph should be made in relation to the person; or
(b) the case is urgent and one registered medical practitioner makes a recommendation that
such an order should be made in relation to the person.
(3) The commanding officer may make an order–
(a) in a case where, at the time the order is made, the person has been admitted to an overseas
service hospital and has not been discharged–
(i) for the person's detention in that service hospital for assessment or treatment;
or
(ii) for the person's admission to and detention in another overseas service hospital
specified in the order for assessment or treatment;
(b) otherwise, for the person's admission to and detention in an overseas service hospital
specified in the order for assessment or treatment.
(4) Sub-paragraph (5) applies if–
(a) the person's commanding officer makes an order under subparagraph (3) for the person's
detention in (or admission to and detention in) a service hospital on the recommendation
of one registered medical practitioner; and
(b) while the order is in force, there is produced to him a recommendation of another
registered medical practitioner that an order under sub-paragraph (5) should be made in
relation to the person.
(5) The commanding officer may make an order–
(a) for the person's further detention in that service hospital for assessment or treatment;
or
(b) for the person's admission to and detention in another overseas service hospital specified
in the order for assessment or treatment.
(6) See paragraph 4 for requirements as to recommendations under this paragraph.
Amendments Pending
Commencement
Sch. 12 para. 2(1)-(6): Date to be appointed (not yet in force)
Extent
N Not Yet In Force

3 Effect of order under paragraph 2

(1) This paragraph makes provision as to the effect of an order of a person's commanding officer
under paragraph 2.
(2) An order under paragraph 2(3) has effect–

(a) if made by virtue of paragraph 2(2)(a), for 28 days;
(b) if made by virtue of paragraph 2(2)(b), for 5 days.
(3) An order under paragraph 2(5) has effect for 28 days from the date of the order under paragraph
2(3) referred to in paragraph 2(4).
(4) While in force, the order is sufficient authority–
(a) in a case where the order is made under paragraph 2(3)(a)(ii) or (b) or (5)(b), for the
person to be taken and conveyed to the service hospital specified in the order;
(b) in any case, for the person to be detained in the service hospital specified in the order;
and
(c) in a case where arrangements are made for the person to be removed to the United
Kingdom for further assessment or treatment, for him to be–
(i) taken from the service hospital specified in the order and conveyed to the United
Kingdom; and
(ii) for that purpose, detained in any place or on board any ship or aircraft.
(5) Where the person is removed to the United Kingdom on the authority of the order, he must not
after arriving in the United Kingdom be detained, on that authority, for longer than 24 hours.
Amendments Pending
Commencement
Extent
N Not Yet In Force

4 Requirements as to recommendations under paragraph 2

(1) A recommendation under paragraph 2 must include a statement that the person making it is
satisfied that all the relevant conditions are met in the case of the person to whom it relates.
(2) A recommendation under paragraph 2(2)(b) must also include a statement that–
(a) the person needs to be detained in (or admitted to and detained in) a hospital urgently;
and
(b) the urgency makes it impracticable for another recommendation to be sought before
making an order under paragraph 2(3) in relation to the person.
Amendments Pending
Commencement
Extent
N Not Yet In Force

5 Exercise of powers under paragraph 2 where person's commanding officer is absent etc
(1) This paragraph has effect in relation to a person subject to service law outside the British Islands.
(2) If the person's commanding officer is absent or otherwise not available, any authorised officer
may exercise in relation to the person the powers conferred by paragraph 2.
(3) For the purposes of this paragraph, an officer is “authorised” if he is–
(b) of or above the rank of naval lieutenant, military or marine captain or flight lieutenant;
and
(c) under the command of the person's commanding officer.
Amendments Pending
Commencement
Sch. 12 para. 5(1)-(3)(c): Date to be appointed (not yet in force)
Extent
Sch. 12 para. 5(1)-(3)(c): United Kingdom (extends to the Isle of Man and the British overseas territories and may
6 Power to review order under paragraph 2

(1) The Secretary of State may make regulations for enabling a person to apply for the revocation
of an order under paragraph 2 as soon as the order is made.
(2) The regulations may in particular make provision as to–
(a) who may make an application;
(b) the persons who are to hear the application;
(c) the procedure for hearing the application (including evidence);
(d) the grounds on which the order may be revoked;
(e) the functions of the persons hearing the application.
(3) Regulations under sub-paragraph (2)(e) may in particular confer on the persons hearing the
application–
(a) power to confirm an order under paragraph 2;
(b) power to revoke such an order and order the immediate release of the person subject
to the order.
Amendments Pending
Commencement
Sch. 12 para. 6(1)-(3)(b): March 28, 2009 for the purpose of enabling the Secretary of State to make orders, regulations
and rules; not yet in force otherwise (SI 2009/812 art. 3(a)(ii))
Extent
7 Detention of resident patients in overseas service hospitals pending order under paragraph
2(3)
(1) This paragraph applies if–
(a) a registered medical practitioner determines that all the relevant conditions are met in
the case of a patient in an overseas service hospital who is a person subject to service law
or a civilian subject to service discipline; or
(b) a prescribed person determines that all the relevant conditions appear to be met in the
case of such a patient.
(2) The person making the determination must, as soon as practicable–
(a) make a record of the determination and the reasons for it; and
(b) make a request for an order under paragraph 2(3) to be made in relation to the patient.
(3) The commanding officer of the service hospital may detain the patient at the service hospital
for the purpose of enabling such an order to be sought in relation to him.
(4) But the patient may not be detained under this paragraph beyond–
(a) the end of the detention period (see sub-paragraphs (5) to (7)); or
(b) if sooner, the making of a determination whether or not to make such an order in relation
to him.
(5) If the person making the determination under sub-paragraph (1) is a registered medical
practitioner, the detention period is 24 hours beginning with the time when the record required by
sub-paragraph (2) was made.
(6) If that person is not a registered medical practitioner, the detention period is–
(a) 6 hours beginning with that time; or
(b) if before the end of that 6 hour period a registered medical practitioner determines that
all the relevant conditions are met in the case of the patient, 24 hours beginning with that
time.
(7) But if during that 6 hour period a registered medical practitioner determines that one or more
of the relevant conditions are not met in the case of the patient–
(a) the patient must be released immediately; and
(b) the detention period ends with his release.
(8) The person making a determination under sub-paragraph (6)(b) must, as soon as practicable,
make a record of the determination and the reasons for it.
(9) In this paragraph “prescribed person” means a person of a description prescribed by regulations
made by the Secretary of State.
Amendments Pending
Commencement
Sch. 12 para. 7(1)-(9): March 28, 2009 for the purpose of enabling the Secretary of State to make orders, regulations
Extent
8 Urgent removal from service living accommodation to overseas service hospital

(1) This paragraph applies if a service policeman has reasonable grounds for believing that–
(a) there is in any service living accommodation outside the British Islands a person (“the
patient”) who is a person subject to service law or a civilian subject to service discipline;
(b) the patient is suffering from mental disorder;

(c) the patient is in urgent need of care or control to prevent him causing serious harm to
himself or others; and
(d) the urgent need to remove the patient to and detain him in a service hospital makes it
impracticable for an order under paragraph 2(3) to be sought before removing and detaining
him.
(2) The service policeman may–
(a) enter the service living accommodation; and
(b) remove the patient to an overseas service hospital.
(3) The service policeman must if reasonably practicable be accompanied by–
(a) a registered medical practitioner, or
(b) a person of a description prescribed by regulations made by the Secretary of State,
who may assist the service policeman to exercise the power conferred on him by sub-paragraph
(2).
(4) The commanding officer of the service hospital to which the patient is removed may detain him
at the service hospital for the purpose of enabling an order under paragraph 2(3) to be sought in
relation to him.
(a) the end of the detention period (see sub-paragraphs (6) and (7)); or
to him.
(6) The detention period is–
(a) 6 hours beginning with his arrival at the service hospital; or
time.
Amendments Pending
Commencement
Extent
N Not Yet In Force

9 Urgent removal from other places to overseas service hospital

(1) This paragraph applies if a service policeman finds a person (“the patient”) in a relevant place
outside the British Islands and it appears to the service policeman that–
(a) the patient is a person subject to service law or a civilian subject to service discipline;
(b) the patient is suffering from mental disorder; and
(c) the urgent need to remove the patient to and detain him in a service hospital makes it
impracticable for an order under paragraph 2(3) to be sought before removing and detaining
him.
(2) The service policeman may remove the patient to an overseas service hospital.
(3) The commanding officer of the service hospital to which the patient is removed may detain him
at the service hospital for the purpose of enabling an order under paragraph 2(3) to be sought in
relation to him.
(a) the end of the detention period (see sub-paragraphs (5) and (6)); or
to him.
(5) The detention period is–
(a) 6 hours beginning with his arrival at the service hospital; or
time.
(8) In this paragraph “relevant place” means–
(a) a place to which the public have access; or
(b) any premises (within the meaning of Part 3) which are permanently or temporarily
occupied or controlled for the purposes of any of Her Majesty's forces but are not service
living accommodation.
Amendments Pending
Commencement
Extent
N Not Yet In Force

10 Use of force
Where a power is conferred on any person by virtue of this Schedule, he may use reasonable force,
if necessary, in the exercise of the power.
Amendments Pending
Commencement
Sch. 12 para. 10: Date to be appointed (not yet in force)
Extent
Sch. 12 para. 10: United Kingdom (extends to the Isle of Man and the British overseas territories and may extend to
N Not Yet In Force

11 Service custody
While a person is being conveyed, removed or detained by virtue of any provision of this Schedule,
the person is deemed to be in service custody.
Amendments Pending
Commencement
Sch. 12 para. 11: Date to be appointed (not yet in force)
Extent
N Not Yet In Force

12 Definitions
(1) In this Schedule “overseas service hospital” means a service hospital outside the British Islands.
(2) In this Schedule “service hospital” means–
(a) a military, air-force or naval unit or establishment, or
(b) a ship,
at or in which medical or surgical treatment is provided for persons subject to service law.
(3) In this Schedule “service living accommodation”has the same meaning as in Part 3 (see section
96).
Amendments Pending
Commencement
Extent
SCHEDULE 13
PROTECTION OF CHILDREN OF SERVICE FAMILIES
Section 353
Law In Force
1
(1) Section 17 of the Armed Forces Act 1991 (power to make service family child assessment
orders) is amended as follows.
(2) In subsection (1)(a) for “civilian in a corresponding position” substitute “civilian subject to
service discipline”.
(3) In subsection (3) for “the officer having jurisdiction” substitute “a judge advocate”.
(a) for “the officer” substitute “the judge advocate”;
(b) for “an officer” substitute “a judge advocate”.
Amendments Pending
Commencement
Extent
Law In Force
2
(1) Section 18 of that Act (content, effect, variation and discharge of assessment orders) is amended
as follows.
(2) In subsection (2)(b) for “officer” substitute “judge advocate”.
(3) In subsection (6) for “officer” substitute “judge advocate”.
(a) for “or a civilian in a corresponding position who” substitute “, or a civilian subject to
service discipline, commits an offence if he”;
(b) omit the words “on him”;
(c) omit the words from “shall be liable” to the end.
(5) After that subsection insert–
“(8A) A person guilty of an offence under this section is liable to any punishment mentioned
in rows 5 to 12 of the Table in section 164 of the Armed Forces Act 2006.
(8B) For the purposes of determining the court's powers when sentencing a civilian offender
(within the meaning of Part 1 of Schedule 3 to the Armed Forces Act 2006) for an offence
under this section, subsection (8A) has effect as if the reference to rows 5 to 12 were to
rows 2 to 7.
(8C) For the purposes of determining the court's powers when sentencing an offender to
whom Part 2 of that Schedule applies (ex-servicemen etc) for an offence under this section,
subsection (8A) has effect as if the reference to rows 5 to 12 were to rows 5 to 10.”
(6) Omit subsection (9).
Amendments Pending
Commencement
Extent
Law In Force
3
(1) Section 19 of that Act (power to make orders for the emergency protection of children of service
families) is amended as follows.
(2) In subsection (1)(a) for “civilian in a corresponding position” substitute “civilian subject to
service discipline”.
(4) In subsection (4) for “officer”, in both places, substitute “judge advocate”.
Amendments Pending
Commencement
Extent
Law In Force
4
(1) Section 20 of that Act (content and effect of protection orders) is amended as follows.
(3) In subsection (6)(b)(iii) for “the officer having jurisdiction” substitute “a judge advocate”.
(4) For subsections (9) and (10) substitute–
“(9) A person subject to service law, or a civilian subject to service discipline, commits an
offence if he–
(a) intentionally obstructs any person exercising the power under subsection (2)(b)
above to remove, or prevent the removal of, a child; or
(b) intentionally fails to comply with an exclusion requirement included in a
protection order by virtue of section 20A below.
(9A) A person guilty of an offence under this section is liable to any punishment mentioned
in rows 5 to 12 of the Table in section 164 of the Armed Forces Act 2006.
(9B) For the purposes of determining the court's powers when sentencing a civilian offender
(within the meaning of Part 1 of Schedule 3 to the Armed Forces Act 2006) for an offence
under this section, subsection (9A) has effect as if the reference to rows 5 to 12 were to
rows 2 to 7.
(9C) For the purposes of determining the court's powers when sentencing an offender to
whom Part 2 of that Schedule applies (ex-servicemen etc) for an offence under this section,
subsection (9A) has effect as if the reference to rows 5 to 12 were to rows 5 to 10.”
Amendments Pending
Commencement
Extent
Law In Force
5
After that section insert–
“20A Power to include exclusion requirement in protection order

(1) Where–
(a) a judge advocate (on being satisfied as mentioned in section 19(3)(a), (b) or (c))
makes a protection order with respect to a child, and
(b) conditions A, B and C are satisfied,
the judge advocate may include an exclusion requirement in the protection order.
(2) An exclusion requirement is any one or more of the following–
(a) a provision requiring a person who is subject to service law or is a civilian
subject to service discipline to leave relevant premises in which he is living with
the child;
(b) a provision prohibiting a person who is subject to service law or is a civilian
subject to service discipline from entering relevant premises in which the child lives;
(c) a provision excluding such a person from a defined area in which relevant
premises in which the child lives are situated.
(3) Condition A is that there is reasonable cause to believe that, if the person to whom the
exclusion requirement would relate (“the relevant person”) is excluded from relevant
premises in which the child lives–
(a) in the case of an order made on the ground mentioned in section 19(3)(a) or (b),
the child will not be likely to suffer significant harm, even though not removed as
mentioned in section 19(3)(a) or not remaining as mentioned in section 19(3)(b);
(b) in the case of an order made on the ground mentioned in section 19(3)(c), the
enquiries referred to there will cease to be frustrated.
(4) Condition B is that a person (other than the relevant person) living in the relevant
premises in which the child lives, whether or not he is the child's parent–
(a) is able and willing to give to the child the care which it would be reasonable to
expect a parent to give him; and
(b) consents to the inclusion of the exclusion requirement.
(5) Condition C is that the judge advocate is satisfied–
(a) that, throughout the duration of the requirement, alternative accommodation
which the judge advocate considers appropriate will be available to the relevant
person; and
(b) where the relevant person is subject to service law, that the relevant person's
commanding officer also considers that that accommodation is appropriate.
(6) If, while a protection order containing an exclusion requirement is in force, the child
has in pursuance of the order been removed from the relevant premises to which the
requirement relates to other accommodation for a continuous period of more than 24 hours,
the order shall cease to have effect so far as it imposes the exclusion requirement.
(7) In this section “relevant premises” means premises occupied as a residence by a person
subject to service law or a civilian subject to service discipline.
(8) Who is the relevant person's “commanding officer” for the purposes of subsection (5)(b)
shall be determined by or under regulations made by the Defence Council.”
Amendments Pending
Commencement
Sch. 13 para. 5: March 28, 2009 for the purpose of enabling the Defence Council to make regulations; October 31,
Extent
Law In Force
6
(1) Section 21 of that Act (duration of protection orders) is amended as follows.
(2) In subsection (1) for the words from “being” to the end substitute “which must be a period of
not more than 28 days beginning with the date of the order.”
(a) for “the officer having jurisdiction” substitute “a judge advocate”;
(b) in paragraph (a), for the words from “applicable” to “that officer” substitute “permitted
by subsection (1) above”;
(c) in the words after paragraph (b) for “that officer” substitute “the judge advocate”.
(4) In subsection (3) for “officer”, in both places, substitute “judge advocate”.
(5) In subsection (5) for “an officer” substitute “a judge advocate”.
Amendments Pending
Commencement
Extent
Law In Force
7
(1) Section 22 of that Act (review and discharge of protection orders) is amended as follows.
(2) In subsection (2) for “superior officer” substitute “judge advocate”.
(a) for “superior officer” substitute “judge advocate”;
(b) for the words from “consider whether” to the end of paragraph (b) substitute
“consider whether, if the order were discharged and–

(a) (where the power under section 20(2)(b)(i) has been exercised) if the
child were returned by the responsible person, or
(b) (where the power under section 20(2)(b)(ii) has been exercised) if the
child were allowed to be removed from the place in which he was being
accommodated immediately before the making of the order,”.
“(5A) On the application of the person to whom an exclusion requirement contained in a

protection order relates, a judge advocate may, in such circumstances and subject to such
conditions as may be prescribed by regulations, vary the exclusion requirement or discharge
the order so far as it imposes the exclusion requirement.”
Amendments Pending
Commencement
Extent
Law In Force
8
“22A Removal and accommodation of children by service police in emergency

(1) Where a service policeman has reasonable cause to believe that a relevant child would
otherwise be likely to suffer significant harm, he may, if authorised–
(a) remove the child to suitable accommodation and keep him there; or
(b) take such steps as are reasonable to ensure that the child's removal from any
service hospital, or other place, in which he is then being accommodated is prevented.
(2) In this section, a child with respect to whom a service policeman has exercised the power
under subsection (1) is referred to as having been taken into service police protection.
(3) As soon as is reasonably practicable after taking a child into service police protection,
the service policeman concerned shall–
(a) inform the appropriate service police officer of the steps that have been and are
proposed to be taken under this Part of this Act with respect to the child and the
reasons for taking them;
(b) give details to the appropriate service police officer of the place at which the
child is being accommodated;
(c) inform the child (if he appears capable of understanding)–
(i) of the steps that have been taken with respect to him under this section
and of the reasons for taking them; and
(ii) of the further steps that may be taken with respect to him under this Part
of this Act;
(d) take such steps as are reasonably practicable to discover the wishes and feelings
of the child;
(e) secure that the case is inquired into by the appropriate service police officer;
(f) secure that the child is moved to accommodation approved for the purpose by
the appropriate service police officer (unless that officer approves the child's
remaining where he is currently being accommodated);
(g) take such steps as are reasonably practicable to inform–
(i) the child's parents,
(ii) every person who is not a parent of the child but has parental
responsibility for him, and
(iii) any other person with whom the child was residing immediately before
being taken into service police protection,
of the steps that he has taken under this section with respect to the child, the reasons
for taking them and the further steps that may be taken with respect to him under
this Part of this Act.
(4) On completing any inquiry under subsection (3)(e) the officer conducting it shall release
the child from service police protection unless he considers that there is still reasonable
cause for believing that the child would be likely to suffer significant harm if released.
(5) No child may be kept in service police protection for more than 72 hours.
(6) While a child is being kept in service police protection–

(a) the appropriate service police officer shall do what is reasonable in all the
circumstances of the case for the purpose of safeguarding or promoting the child's
welfare (having regard in particular to the length of the period during which the
child will be kept in service police protection); but
(b) neither he nor the service policeman who took the child into service police
protection has any parental responsibility for him.
(7) Where a child has been taken into service police protection, the appropriate service
police officer shall allow–
(a) the child's parents,
(b) any person who is not a parent of the child but has parental responsibility for
him,
(c) any person with whom the child was residing immediately before he was taken
into service police protection,
(d) any person in whose favour a contact order is in force with respect to the child,
and
(e) any person acting on behalf of any of those persons,
to have such contact (if any) with the child as, in the opinion of the appropriate service
police officer, is both reasonable and in the child's best interests.
“authorised”, in relation to a service policeman, means authorised, by an authorising
service police officer and in accordance with regulations, to exercise the power
under subsection (1) in the case in question;
“an authorising service police officer”, and “the appropriate service police
officer”have the meanings given by regulations;
“relevant child” means a child who falls within paragraph (a) or (b) of section 19(1)
above;
“service policeman”has the same meaning as in the Armed Forces Act 1996.”
Amendments Pending
Commencement
Extent
Law In Force
9
(1) Section 23 of that Act (interpretation) is amended as follows.
(a) in the definition of “accommodation”, for the words from “means” to “relates,” substitute
“, in relation to a child to whom a protection order relates, means any service hospital or
other suitable place the occupier of which is willing temporarily to receive the child,”;
(b) for the definition of “civilian in a corresponding position” substitute–
““civilian subject to service discipline”has the same meaning as in the Armed

Forces Act 2006;”;
(c) after the definition of “contact order” insert–
““exclusion requirement”has the meaning given by section 20A above;”;

(d) after the definition of “extension order” insert–
““harm” and “significant harm”have the same meanings as in the Children

Act 1989;”;
(e) for the definitions of “officer having jurisdiction” and “superior officer” substitute–
““judge advocate”has the same meaning as in the Armed Forces Act 2006;”;
(f) in the definition of “regulations”, after ““regulations”” insert “(except in section 20A(8))”;
(g) for the definition of “service law” substitute–
““subject to service law”has the same meaning as in the Armed Forces Act
2006.”
“(1A) Section 164(2) and (3) of the Armed Forces Act 2006 apply in relation to section
18(8A) and 20(9A) of this Act.”
Amendments Pending
Commencement
Extent
SCHEDULE 14
AMENDMENTS RELATING TO RESERVE FORCES
Section 358
Reserve Forces Act 1980 (c. 9)
Law In Force
1
In section 10 of the Reserve Forces Act 1980 (call out for national danger) omit subsection (5).
Amendments Pending
Commencement
Extent
Law In Force
2
In section 11(2)(a) of that Act (call out for warlike operations), for “regular air force” substitute
“Royal Air Force”.
Amendments Pending
Commencement
Extent
Law In Force
3
In section 18(2) of that Act (permanent service call out of Army Reserve) omit paragraph (b).
Amendments Pending
Commencement
Extent
Law In Force
4
In section 19 of that Act (duration of Army Reserve permanent service)–
(a) omit subsection (4);
(b) in subsection (5) for “subsections (3) and (4) above” substitute “subsection (3)”.
Amendments Pending
Commencement
Extent
Law In Force
5
In section 19A of that Act (postponement of discharge of members of Army Reserve during call
out), for subsection (7) substitute–
“(7) In subsections (3) to (5)–

“the competent military authority” means the Defence Council or any officer of a
description prescribed by regulations of the Defence Council;
“prescribed” means prescribed by regulations of the Defence Council.”
Amendments Pending
Commencement
Extent
Law In Force
6
In section 21 of that Act (duration of Air Force Reserve permanent service)–
(a) omit subsection (4);
(b) in subsection (5) for “subsections (3) and (4) above” substitute “subsection (3)”.
Amendments Pending
Commencement
Extent
Law In Force
7
In section 21A of that Act (postponement of discharge of members of Royal Air Force Reserve
during call out), for subsection (7) substitute–
“(7) In subsections (3) to (5)–

“the competent air force authority” means the Defence Council or any officer of a
description prescribed by regulations of the Defence Council;
“prescribed” means prescribed by regulations of the Defence Council.”
Amendments Pending
Commencement
Extent
Law In Force
8
Omit section 24 of that Act (permanent service call out of Ulster Defence Regiment).
Amendments Pending
Commencement
Extent
Law In Force
9
Omit section 25 of that Act (emergency service call out of Ulster Defence Regiment).
Amendments Pending
Commencement
Extent
Law In Force
10
In section 26(2) of that Act (call out notices), omit paragraph (g).
Amendments Pending
Commencement
Extent
Law In Force
11
In section 30(2) of that Act (liability of naval and marine pensioners to recall), for “The enactments
concerning” substitute “Provision made under section 331 of the Armed Forces Act 2006 that
applies in relation to”.
Amendments Pending
Commencement
Extent
Law In Force
12
(1) Section 31 of that Act (liability of army and air force pensioners to recall) is amended as follows.
(a) in the definition of “service pension”–
(i) for “regular forces” substitute “regular army”;
(ii) for “regular air force” substitute “Royal Air Force”;
(b) for the words from “and other expressions” to the end substitute–
““soldier” and “airman”include a warrant officer and a non-commissioned

officer.”
(3) In subsection (7) for “those sections” substitute “this section and section 32”.
Amendments Pending
Commencement
Extent
Law In Force
13
(1) Section 32 of that Act (occasion for and period of recall under section 31) is amended as follows.
(a) in paragraph (a) for “regular forces or the regular air force” substitute “regular army or
the Royal Air Force”;
(b) in paragraph (b) for the words from “section 2 of the Army” to “require” substitute
“regulations under section 328 of the Armed Forces Act 2006”.
(3) In subsection (4)(a) for “as from which a person is recalled for” substitute “the person is accepted
(by virtue of section 36) into”.
“(5) No regulation under section 329 of the Armed Forces Act 2006 as to the term for which
a person may be enlisted affects the operation of subsections (3) and (4) of this section.”
Amendments Pending
Commencement
Extent
Law In Force
14
In section 34(3) of that Act (liability of certain former soldiers to recall)–
(a) for “regular forces within the meaning of the Army Act 1955” substitute “regular army”;
(b) in paragraph (a) for “specified in the notice” substitute “he is accepted into service”.
Amendments Pending
Commencement
Extent
Law In Force
15
In section 39(1)(a) of that Act (application of section 38) for “regular air force” substitute “Royal
Air Force”.
Amendments Pending
Commencement
Extent
Law In Force
16
Omit section 44 of that Act (requirement as to training of Ulster Defence Regiment).
Amendments Pending
Commencement
Extent
Law In Force
17
In section 48 of that Act (void enlistment in the regular forces)–
(a) in the sidenote, for “regular forces” substitute “Royal Marines or regular army”;
(b) for “Her Majesty's regular forces” substitute “the Royal Marines or the regular army”.
Amendments Pending
Commencement
Extent
Law In Force
18
Omit section 139 of that Act (enrolment etc of members of Ulster Defence Regiment).
Amendments Pending
Commencement
Extent
Law In Force
19
In section 140 of that Act (orders and regulations as to service in Ulster Defence Regiment)–
(a) in the sidenote, for “acceptance and service” substitute “pensions and other grants”;
(b) for subsections (1) and (2) substitute–
“(1) The conditions as to pensions and other grants in respect of death or disablement
arising out of service in the Ulster Defence Regiment shall be such as may be
prescribed by orders or regulations.
(1A) The reference in subsection (1) to service in the Ulster Defence Regiment
includes service in the regular army by a relevant person during the relevant period.
(1B) In subsection (1A)–
“regular army”has the meaning given by section 374 of the Armed Forces
Act 2006;
“relevant person” means a person who, immediately before 1 July 1992, was
a member of the Ulster Defence Regiment;
“relevant period”, in relation to a relevant person, means the period beginning
with 1 July 1992 and ending at the end of his term of service which was
current on that date.”;
(i) for “Part of this Act” substitute “section”;
(ii) in the words after paragraph (b) for “Part” substitute “section”.
Amendments Pending
Commencement
Sch. 14 para. 19(a)-(c)(ii): March 28, 2009 for the purpose of enabling the Secretary of State to make orders, regulations
Extent
Sch. 14 para. 19(a)-(c)(ii): United Kingdom (extends to the Isle of Man and the British overseas territories and may
Law In Force
20
Omit sections 141 to 144 of that Act (provisions relating to Ulster Defence Regiment).
Amendments Pending
Commencement
Extent
Law In Force
21
In section 145 of that Act (reinstatement in civil employment) omit subsection (2).
Amendments Pending
Commencement
Extent
Law In Force
22
In section 146 of that Act (protection of other civil interests) omit subsection (2).
Amendments Pending
Commencement
Extent
Law In Force
23
(1) Section 156 (interpretation) is amended as follows.
(a) in the definition of “prescribed” after ““prescribed”” insert “(except in subsections (3)
to (5) and (7) of sections 19A and 21A and in section 140)”;
(b) omit the definition of “regular air force”;
(c) for the definition of “regular army” substitute–
““the regular army”has the meaning given by section 374 of the Armed
Forces Act 2006.”
Amendments Pending
Commencement
Extent
Law In Force
24
(1) Schedule 8 to that Act (saving and transitional provisions) is amended as follows.
(2) Omit paragraph 5(3).
(3) Omit paragraph 10.
(4) In paragraph 16–
(a) omit sub-paragraph (2);
(b) omit sub-paragraph (5);
(c) in sub-paragraph (9) for “regular forces or for the regular air force” substitute “regular
army or for the Royal Air Force”.
(5) Omit paragraph 19.
Amendments Pending
Commencement
Extent
Reserve Forces Act 1996 (c. 14)
Law In Force
25
In section 2(2)(a) of the Reserve Forces Act 1996 (membership of the reserve forces), for the words
from “the Army Act 1955” to the end substitute “regulations made under section 331 of the Armed
Forces Act 2006;”.
Amendments Pending
Commencement
Extent
Law In Force
26
In section 4(1)(b) of that Act (orders and regulations concerning reserve forces), after “force” insert
“(except pay, bounty and allowances)”.
Amendments Pending
Commencement
Extent
Law In Force
27
Omit section 7 of that Act (provision with respect to pay, bounty and allowances).
Amendments Pending
Commencement
Extent
Law In Force
28
In section 13(7) of that Act (transfer of non-officers between reserve forces), for the words from
“by or under” to the end substitute “under the Armed Forces Act 2006.”
Amendments Pending
Commencement
Extent
Law In Force
29
In section 15(1) of that Act (discharge by commanding officer) for the words “A commanding
officer” to “his command,” substitute “A man of a reserve force may be discharged by his
commanding officer”.
Amendments Pending
Commencement
Extent
Law In Force
30
In section 24(2) of that Act (commitment to a period of full-time service) omit paragraph (b).
Amendments Pending
Commencement
Extent
Law In Force
31
In section 25(2) of that Act (additional duties commitments)–
(a) omit paragraph (a);
(b) in paragraph (b), for “while subject to service law, shall” substitute “shall, from any
time specified in the commitment as the time at which he is to begin that period of duty
until released from duty,”.
Amendments Pending
Commencement
Extent
Law In Force
32
In section 27 of that Act (voluntary training and other duties) omit subsection (3).
Amendments Pending
Commencement
Extent
Law In Force
33
In each of sections 53, 55 and 57 of that Act (maximum duration of service on call-out), in subsection
(8)–
(a) at the end of paragraph (a) insert “or”;
(b) omit paragraph (b).
Amendments Pending
Commencement
Extent
Law In Force
34
After section 53 of that Act insert–
“53A Agreement to alter limits in section 53

(1) This section applies to a person if–
(a) he is not in service under a call-out order under section 52; and
(b) if accepted into service under such a call-out order, he would be immediately
entitled to release under section 53(6) or (10).
(2) The person may agree in writing that, if he is accepted into service under a call-out order
under section 52, in calculating when he is entitled to be released by virtue of section 53(6)
or (10) any service of his under this Part or Part 4, 5 or 7 that occurred before he entered
into the agreement is to be treated as not having occurred.
(3) An agreement under subsection (2) may also provide that, if the person is accepted into
service under a call-out order under section 52, section 53 shall apply in his case as if for
the period of 3 years specified in subsection (6) there were substituted a shorter period
specified in the agreement.
(4) If an order under section 53(11) applies in relation to the person, subsection (3) above
has effect as if the reference to the period of 3 years were to the period of 5 years.”
Amendments Pending
Commencement
Extent
Law In Force
35

the period of 12 months specified in subsection (6) there were substituted a shorter period
specified in the agreement.
(4) If an order under section 55(11) applies in relation to the person, subsection (3) above
has effect as if the reference to the period of 12 months were to the period of 2 years.”
Amendments Pending
Commencement
Extent
Law In Force
36

the period of 9 months specified in subsection (6) there were substituted a shorter period
specified in the agreement.”
Amendments Pending
Commencement
Extent
Law In Force
37
In section 66(2)(b) of that Act (persons who may be recalled) for “regular air force” substitute
“Royal Air Force”.
Amendments Pending
Commencement
Extent
Law In Force
38
In section 72 of that Act (release and discharge from service under recall order) omit subsections
(5) and (6).
Amendments Pending
Commencement
Extent
Law In Force
39
(1) Section 95 of that Act (offences against orders and regulations under section 4) is amended as
follows.
(a) omit paragraph (b);
(b) in the words after paragraph (e), omit “triable by court-martial or summarily by a civil
court”.
“(1A) A member of a reserve force (“A”) commits an offence if–

(a) a superior officer (“B”), in pursuance of orders or regulations under section 4,
is acting in the execution of his office;
(b) A's behaviour towards B is threatening or disrespectful; and
(c) A knows or has reasonable cause to believe that B is a superior officer.
(1B) For the purposes of subsection (1A)–
(a) “superior officer”has the same meaning as in the Armed Forces Act 2006;
(b) section 11(3) of that Act (meaning of “behaviour” and “threatening”) applies.
(1C) An offence under this section is triable summarily by a civil court (as well as being
triable by the Court Martial).”
(a) in paragraph (a) for the words from “court-martial” to the end substitute
“the Court Martial–

(i) in the case of an offence under subsection (1)(a) or (e) or (1A), to any
punishment mentioned in rows 5 to 12 of the Table in section 164 of the
Armed Forces Act 2006;
(ii) in the case of an offence under subsection (1)(c) or (d), to any punishment
mentioned in that Table, but any sentence of imprisonment or service
detention imposed in respect of the offence must not exceed 51 weeks;”;
(b) in paragraph (b)(i)–
(i) omit “, (b),”;
(ii) after “(e)” insert “or (1A)”.
“(2A) For the purposes of determining the Court Martial's powers when sentencing an
offender to whom Part 2 of Schedule 3 to the Armed Forces Act 2006 applies (ex-servicemen
etc) for an offence under subsection (1)(a) or (e) or (1A), subsection (2)(a)(i) has effect as
if the reference to rows 5 to 12 were to rows 5 to 10.”
Amendments Pending
Commencement
Extent
Law In Force
40
(1) Section 96 of that Act (failure to attend for service on call out or recall) is amended as follows.
(2) In subsection (1), for the words (after paragraph (c)) from “is guilty” to the end substitute “is
guilty of desertion (if section 8(2)(a) or (b) of the Armed Forces Act 2006 applies to him) or absence
without leave (if neither of those provisions applies to him).”
(3) In subsection (3) for the words from “by court-martial” to the end substitute “summarily by a
civil court (as well as being triable by the Court Martial).”
Amendments Pending
Commencement
Extent
Law In Force
41
(1) Section 97 of that Act (failure to attend for duty or training) is amended as follows.
(2) In subsection (1), for the words (after paragraph (b)) from “is guilty” to the end substitute “is
guilty of desertion (if section 8(2)(a) or (b) of the Armed Forces Act 2006 applies to him) or absence
without leave (if neither of those provisions applies to him).”
(3) In subsection (3) for the words from “by court-martial” to the end substitute “summarily by a
civil court (as well as being triable by the Court Martial).”
Amendments Pending
Commencement
Extent
Law In Force
42
(1) Section 98 of that Act (trial and punishment of offences of desertion or absence without leave)
is amended as follows.
(a) for the words from “section 37” to “1957” substitute “section 8 or 9 of the Armed Forces
Act 2006”;
(b) for “as well as by court-martial” substitute “(as well as being triable by the Court
Martial)”.
(a) for “court-martial” substitute “the Court Martial”;
(b) for the words from “service law” to the end substitute “section 8 or 9 (as the case may
be) of the Armed Forces Act 2006.”
(4) In subsection (3)(b) for “service law of desertion or absence without leave” substitute “section
8 or 9 of the Armed Forces Act 2006”.
(5) In subsection (4)(a)–
(a) for “court-martial” substitute “the Court Martial”;
(b) for “service law of absence without leave” substitute “section 9 of the Armed Forces
Act 2006”.
“(7) Orders or regulations under section 4 may include provision for enabling a determination
to be made in prescribed circumstances that subsection (6) is to cease to have effect in
relation to a period of time or a part of a period of time.”
Amendments Pending
Commencement
Sch. 14 para. 42(7): March 28, 2009 for the purpose of enabling the Secretary of State to make orders, regulations
Extent
Law In Force
43
Omit section 99 of that Act (false pretence of illegal absence).
Amendments Pending
Commencement
Extent
Law In Force
44
For section 100 of that Act (arrest of deserters etc) substitute–
“100A Arrest by civilian police of deserters and absentees without leave

(1) An officer of a UK police force may arrest without warrant a person who is reasonably
suspected of being a member of a reserve force, or a person liable to recall, who has deserted
or is absent without leave.
(2) If an authorised person is satisfied by evidence given under oath or affirmation that a
relevant suspect is or is reasonably suspected of being within his jurisdiction, he may issue
a warrant for the arrest of the relevant suspect.
“authorised person” means a person who has authority in England and Wales,
Scotland or Northern Ireland to issue a warrant for the arrest of a person suspected
of an offence;
“relevant suspect” means a person reasonably suspected of being a member of a
reserve force, or a person liable to recall, who has deserted, is absent without leave
or has committed an offence under section 95.
(4) In this section “UK police force”has the meaning given by section 375 of the Armed
Forces Act 2006.”
Amendments Pending
Commencement
Extent
Law In Force
45
Omit section 102 of that Act (record of illegal absence).
Amendments Pending
Commencement
Extent
Law In Force
46
In section 104 of that Act, omit subsection (3).
Amendments Pending
Commencement
Extent
Law In Force
47
(1) Section 105 of that Act (trial of offences by civil court) is amended as follows.
(2) In subsection (1) for “which is triable by court-martial is also” substitute “is (as well as being
triable by the Court Martial)”.
(4) In subsection (3) for “an offence under service law (other than an offence of desertion or absence
without leave)” substitute “any service offence (other than an offence under this Act or an offence
mentioned in section 98(1))”.
Amendments Pending
Commencement
Extent
Law In Force
48
Omit section 106 of that Act.
Amendments Pending
Commencement
Extent
Law In Force
49
In section 107 of that Act (time for institution of proceedings)–
(i) omit the words from “either–” to the end of paragraph (a);
(ii) for “under service law” substitute “a service offence”;
(b) after subsection (2) add–
“(3) Subsection (2) applies to proceedings for an offence under section 96(1)
committed by a person liable to recall as it applies to proceedings mentioned in
subsection (1) of this section.”
Amendments Pending
Commencement
Extent
Law In Force
50
In section 108 of that Act (evidence) for subsections (1) and (2) substitute–
“(1A) The Secretary of State may by regulations make provision with respect to evidence,
including the admissibility of evidence, in proceedings before a civil court for an offence
under this Act.
(1B) Regulations under subsection (1A) shall be made by statutory instrument, which shall
be subject to annulment in pursuance of a resolution of either House of Parliament.”
Amendments Pending
Commencement
Sch. 14 para. 50: March 28, 2009 for the purpose of enabling the Secretary of State to make orders, regulations and
Extent
Law In Force
51
Omit section 124 of that Act (exemption from tolls etc).
Amendments Pending
Commencement
Extent
Law In Force
52
Omit section 126 of that Act (amendments relating to transfers to reserves etc).
Amendments Pending
Commencement
Extent
Law In Force
53
(1) Section 127 of that Act (interpretation) is amended as follows.
(a) omit the definition of “regular air force”;
(b) for the definition of “regular army” substitute–
““the regular army”has the meaning given by section 374 of the Armed
(c) in the definition of “regular services” for “regular air force” substitute “Royal Air
Force”;
(d) for the definition of “service law” substitute–
““service offence”has the meaning given by section 50 of the Armed Forces

Act 2006;”.
“(3) The officer who is the “commanding officer” of a person for the purposes of any
provision of this Act shall be determined by or under regulations made by the Defence
Council under this subsection.
(4) Section 164(2) and (3) of the Armed Forces Act 2006 apply in relation to section 95(2)(a)
of, and paragraph 5(3) of Schedule 1 to, this Act.”
Amendments Pending
Commencement
Sch. 14 para. 53(1)-(2)(d): October 31, 2009 (SI 2009/1167 art. 4)
Sch. 14 para. 53(3): March 28, 2009 for the purpose of enabling the Defence Council to make regulations; October
Extent
Law In Force
54
(1) Schedule 1 to that Act (enlistment) is amended as follows.
(2) For paragraph 2(1) substitute–
“(1) An enlisting officer shall not enlist a person under the age of 18 unless consent to the
enlistment has been given in writing by–
(a) an appropriate person; or
(b) if the person offering to enlist is living with more than one appropriate person,
each of those appropriate persons.
(1A) In this paragraph “appropriate person” means, in relation to a person offering to enlist,
a person with–
(a) parental responsibility (within the meaning of the Children Act 1989 or the
Children (Northern Ireland) Order 1995) for him; or
(b) parental responsibilities (within the meaning of section 1(3) of the Children
(Scotland) Act 1995) in relation to him.”
(3) In paragraph 2(2) for “appropriate minimum age” substitute “age of 18”.
(4) In paragraph 4(4) for “appropriate minimum age” substitute “age of 18”.
(a) in sub-paragraph (1) omit “or recklessly”;
(b) in sub-paragraph (2) for “subject to service law” substitute “a member of the reserve
forces”;
(c) in sub-paragraph (3) for the words from “has since” to the end substitute “becomes a
member of the reserve forces is liable on conviction by the Court Martial to any punishment
mentioned in rows 2 to 12 of the Table in section 164 of the Armed Forces Act 2006.”;
(d) after that sub-paragraph add–
“(4) For the purposes of determining the Court Martial's powers when sentencing
an offender to whom Part 2 of Schedule 3 to the Armed Forces Act 2006
(ex-servicemen etc) applies for an offence under sub-paragraph (1), sub-paragraph
(3) has effect as if the reference to rows 2 to 12 were to rows 2 to 10.
(5) Where an offence under sub-paragraph (1) is committed by a person within
sub-paragraph (3), the time for which he is for the purposes of section 62 of the
Armed Forces Act 2006 (time limits for charging) to be regarded as being a relevant
reservist (within the meaning of that section) includes the period from (and including)
the time he committed the offence to the time he became a member of the reserve
forces.”
(6) In paragraph 6(1) for “a court-martial” substitute “the Court Martial”.
(7) Omit paragraph 7 and the heading before it.
Amendments Pending
Commencement
Extent
Law In Force
55
Omit Schedule 2 to that Act (deserters and absentees without leave).
Amendments Pending
Commencement
Extent
Law In Force
56
Omit Schedule 3 to that Act (evidence).
Amendments Pending
Commencement
Extent
Law In Force
57
Omit Schedule 7 to that Act (postponement of transfer to the reserves or discharge from the reserves).
Amendments Pending
Commencement
Extent
Law In Force
58
In Part 2 of Schedule 9 to that Act (transitional provisions) omit paragraphs 22 and 23.
Amendments Pending
Commencement
Extent
Law In Force
59
In Schedule 10 to that Act (minor and consequential amendments) omit paragraphs 1 to 13 and 23.
Amendments Pending
Commencement
Extent
SCHEDULE 15
CIVILIANS SUBJECT TO SERVICE DISCIPLINE
Section 370
PART 1
CIVILIANS SUBJECT TO SERVICE DISCIPLINE

Law In Force
1 Persons in one of Her Majesty's aircraft in flight

(1) A person is within this paragraph if he is in one of Her Majesty's aircraft in flight.
(2) For the purposes of sub-paragraph (1) the period during which an aircraft is in flight includes–
(a) any period from the moment when power is applied for the purpose of the aircraft taking
off on a flight until the moment when the landing run (if any) at the termination of that
flight ends;
(b) any period when the aircraft is on the surface of the sea or navigable waters.
(3) In sub-paragraph (2)(a) a “flight” means a journey by air beginning when the aircraft takes off
and ending when it next lands.
(4) In this paragraph “Her Majesty's aircraft” means all aircraft belonging to or used for the purposes
Amendments Pending
Commencement
Sch. 15(1) para. 1(1)-(4): March 28, 2009 for the purpose March 28, 2009 for the purpose of enabling the Defence
Extent
Law In Force
2 Persons in one of Her Majesty's ships afloat

(1) A person is within this paragraph if he is in one of Her Majesty's ships afloat.
(2) In this paragraph “Her Majesty's ships” means all ships belonging to or used for the purposes
(3) For the purposes of this paragraph “afloat” means not on shore.
Amendments Pending
Commencement
Extent
Law In Force
3 Persons in service custody etc

(1) A person is within this paragraph if–
(a) he is in service custody; and
(b) his being in service custody is lawful by virtue of any provision of or made under this
Act.
(2) A person is also within this paragraph if he is in the course of being arrested, or of having an
attempted arrest made of him, by a person who has a duty under service law to apprehend him.
Amendments Pending
Commencement
Extent
Law In Force
4 Crown servants in designated area working in support of Her Majesty's forces

(1) A person is within this paragraph (subject to paragraph 11) if–
(a) he is a Crown servant;
(b) his sole or main role is to work in support of any of Her Majesty's forces; and
[ (c) either—
(i) he is in a designated area, and his normal place of work in that role is in that
designated area; or
(ii) sub-paragraph (i) does not apply, but he is in a designated area and he came
there wholly or partly for the purposes of his work in that role.
]1
(2) In this paragraph “Crown servant” means a person employed by or in the service of the
Government of the United Kingdom.
Notes
1
Substituted by Armed Forces Act 2011 c. 18 s.22(2) (December 14, 2012)
Amendments Pending
Commencement
Extent
Sch. 15(1) para. 4(1)-(1)(c), (2): United Kingdom (extends to the Isle of Man and the British overseas territories and
Sch. 15(1) para. 4(1)(c)(i)-(1)(c)(ii): United Kingdom
Law In Force
5 Persons working for specified military organisations

(a) he is employed by or in the service of a specified naval, military or air-force organisation
of which the United Kingdom is a member;
(b) he is so employed by reason of the United Kingdom's membership of that organisation;
and
[ (c) either—
(i) he is in a country outside the British Islands, and his normal place of work under
that employment is in that country; or
(ii) sub-paragraph (i) does not apply, but he is in a country outside the British Islands
and he came there wholly or partly for the purposes of his work under that
employment.
]1
(2) In this paragraph “specified” means specified by order of the Secretary of State under this
paragraph.
Notes
1
Amendments Pending
Commencement
Extent
Sch. 15(1) para. 5(1)-(1)(c), (2): United Kingdom (extends to the Isle of Man and the British overseas territories and
Sch. 15(1) para. 5(1)(c)(i)-(1)(c)(ii): United Kingdom
Law In Force
6 Persons in designated area who are members or employees of other specified organisations
(a) he belongs to or is employed by a specified organisation; and
[ (b) either—
(i) he is in a designated area, and his normal place of work for that organisation is
in that designated area; or
(ii) sub-paragraph (i) does not apply, but he is in a designated area and he came
there wholly or partly for the purposes of work for that organisation.
1
]
(2) In this paragraph “specified organisation” means an organisation which–
(a) does not fall within paragraph 5; and
(b) is specified by order of the Secretary of State under this paragraph.
Notes
1
Amendments Pending
Commencement
Sch. 15(1) para. 6(1)-(2)(b): March 28, 2009 for the purpose March 28, 2009 for the purpose of enabling the Defence
Extent
Sch. 15(1) para. 6(1)-(1)(b), (2)-(2)(b): United Kingdom (extends to the Isle of Man and the British overseas territories
Sch. 15(1) para. 6(1)(b)(i)-(1)(b)(ii): United Kingdom
Law In Force
7 Persons designated by or on behalf of Defence Council

(a) he is designated for the purposes of this paragraph by or on behalf of the Defence
Council or by an officer authorised by the Defence Council; and
(b) he is outside the British Islands.
(2) A person may be designated for the purposes of this paragraph only if it appears to the Defence
Council or the authorised officer that it is desirable to do so–
(a) in the interests of the person;
(b) for the protection of other persons (whether or not members of any of Her Majesty's
forces); or
(c) for the purpose of maintaining good order and discipline.
(3) In deciding whether to designate a person for the purposes of this paragraph, the Defence Council
or the authorised officer must have regard in particular to–
(a) the characteristics of the justice system (if any) in any country or territory where the
person is or is likely to be;
(b) the terms of any treaty, agreement or arrangement relating to the legal status, or the
treatment, of visiting forces to which the United Kingdom and any such country or territory
are parties;
(c) the likelihood of the person's being subject to the law applicable to the armed forces of
any country or territory outside the British Islands.
(4) A designation under this paragraph–
(a) may designate persons by name or by description;
(b) may provide, in relation to any person designated by it, that it applies to him only for
a specified period or in specified circumstances;
(c) may be withdrawn by any person entitled to make designations under this paragraph.
(5) In sub-paragraph (4) “specified” means specified by the designation.
Amendments Pending
Commencement
Extent
Law In Force
8 Persons residing or staying with person subject to service law in designated area
A person is within this paragraph (subject to paragraph 11) if–
(a) he resides or is staying with a person subject to service law in a designated area; and
(b) he is in that designated area.
Amendments Pending
Commencement
Sch. 15(1) para. 8(a)-(b): March 28, 2009 for the purpose March 28, 2009 for the purpose of enabling the Defence
Extent
Law In Force
9 Persons residing or staying with person falling within paragraph 4 or 6 in designated area
(a) he resides or is staying with a relevant person in a designated area; and
(b) he is in that designated area.
(2) In this paragraph a “relevant person” means a person who–

(a) falls within paragraph 4 or 6; or
(b) would fall within paragraph 4 or 6, but for paragraph 11 or his not being in a designated
area.
Amendments Pending
Commencement
Extent
Law In Force
10 Persons residing or staying with person falling within paragraph 5

(a) he resides or is staying with [ a qualifying person in a relevant country ] 1 ; and
(b) he is [ in that country ] 2 .
(2) In this paragraph a [ “qualifying person” ] 3 means a person who–
(a) falls within paragraph 5; or
(b) would fall within paragraph 5, but for paragraph 11 or his [ not being in a relevant
country ] 4 .
[ (3) For the purposes of this paragraph, a country is “relevant”in relation to a person employed as
mentioned in paragraph 5 if it is outside the British Islands and—
(a) is where that person's normal place of work under that employment is situated; or
(b) is a country to which that person came wholly or partly for the purposes of his work
under that employment.
5
]
Notes
1
Words substituted by Armed Forces Act 2011 c. 18 s.22(5)(a)(i) (December 14, 2012)
2
Words substituted by Armed Forces Act 2011 c. 18 s.22(5)(a)(ii) (December 14, 2012)
3
Words substituted by Armed Forces Act 2011 c. 18 s.22(5)(b)(i) (December 14, 2012)
4
Words substituted by Armed Forces Act 2011 c. 18 s.22(5)(b)(ii) (December 14, 2012)
5
Added by Armed Forces Act 2011 c. 18 s.22(5)(c) (December 14, 2012)
Amendments Pending
Commencement
Extent
Sch. 15(1) para. 10(3)-(3)(b): United Kingdom
PART 2
EXCLUSION AND DEFINITIONS
Exclusion
Law In Force
11
(1) A person who is not a United Kingdom national is not within any of paragraphs 4 to 10 at any
time when he is in a country–
(a) of which he is a national; or
(b) in which he is ordinarily resident.
(2) In this paragraph a “United Kingdom national” means an individual who is–
(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or
a British Overseas citizen;
(b) a person who under the British Nationality Act 1981 (c. 61) is a British subject; or
(c) a British protected person within the meaning of that Act.
(3) In determining for the purposes of this paragraph whether a person is ordinarily resident in a
country, no account shall be taken of any period during which he has been or intends to be present
there while falling (apart from this paragraph) within any of paragraphs 4 to 10.
Amendments Pending
Commencement
Extent
Definitions
Law In Force
12
(1) In this Schedule “designated area” means an area which–
(a) is outside the British Islands; and
(b) is designated for the purposes of this Schedule by an order made by the Secretary of
State.
(2) An area designated for the purposes of this Schedule may consist of two or more areas (whether
or not contiguous).
Amendments Pending
Commencement
Extent
Law In Force
13
In this Schedule references to a person residing or staying with another person include references
to the person–
(a) being about to reside or stay with the other person; and
(b) departing after residing or staying with him.
Amendments Pending
Commencement
Sch. 15(2) para. 13(a)-(b): March 28, 2009 for the purpose March 28, 2009 for the purpose of enabling the Defence
Extent
Law In Force
[ 14
For the purposes of paragraphs 5(1)(c), 10 and 11, a territory that is not within a country is to be
treated as a country.
]1
Notes
1
Added by Armed Forces Act 2011 c. 18 s.22(6) (December 14, 2012)
Amendments Pending
Extent
Sch. 15(2) para. 14: United Kingdom
SCHEDULE 16
MINOR AND CONSEQUENTIAL AMENDMENTS
Section 378
Metropolitan Police Act 1860 (c. 135)
Law In Force
1
In section 2 of the Metropolitan Police Act 1860 (swearing of constables to act on military land
etc), for “subject to naval or marine or military or air force discipline” substitute “who are subject
to service law, or are civilians subject to service discipline, within the meaning of the Armed Forces
Act 2006”.
Amendments Pending
Commencement
Extent
Naval and Marine Pay and Pensions Act 1865 (c. 73)
Law In Force
2
In section 3 of the Naval and Marine Pay and Pensions Act 1865 (payment of naval and marine
pay and pensions according to Order in Council) for the words from “pay” to “thereof” substitute
“pensions and grants”.
Amendments Pending
Commencement
Sch. 16 para. 2: March 28, 2009 for the purpose fo enabling Orders in Council to be made; October 31, 2009 otherwise
(SI 2009/812 art. 3(a)(iv); SI 2009/1167 art. 4)
Extent
Law In Force
3
In section 9 of that Act (Order in Council not to contain provision inconsistent with Naval Discipline
Act), for the words from “pay” to the end substitute “pensions contained in the Armed Forces Act
2006.”
Amendments Pending
Commencement
Sch. 16 para. 3: March 28, 2009 for the purpose fo enabling Orders in Council to be made; October 31, 2009 otherwise
(SI 2009/812 art. 3(a)(iv); SI 2009/1167 art. 4)
Extent
Naval Pensions Act 1884 (c. 44)

Law In Force
4
In section 2 of the Naval Pensions Act 1884 (application of certain enactments to Greenwich
Hospital pensions), for “or section 128G of the Naval Discipline Act 1957” substitute “or section
356 of the Armed Forces Act 2006”.
Amendments Pending
Commencement
Extent
Foreign Marriage Act 1892 (c. 23)
Law In Force
5
In section 22 of the Foreign Marriage Act 1892 (marriages abroad by members of armed forces
etc)–
(a) in subsection (1A)–
(i) in paragraph (a)(i) for the words from “employed” to the end substitute “a relevant
civilian who is employed in that territory; or”;
(ii) in paragraph (b) for “so prescribed” substitute “prescribed by Order in Council”;
“(1AA) In subsection (1A)(a)(i)“relevant civilian” means a civilian subject to service

discipline (within the meaning of the Armed Forces Act 2006) of a description
prescribed by Order in Council.”
Amendments Pending
Commencement
Sch. 16 para. 5(a)-(b): March 28, 2009 for the purpose fo enabling Orders in Council to be made; October 31, 2009
otherwise (SI 2009/812 art. 3(a)(iv); SI 2009/1167 art. 4)
Extent
Regimental Debts Act 1893 (c. 5)
Law In Force
6
In the Regimental Debts Act 1893, for the words “military law”, in each place, substitute “service
law”.
Amendments Pending
Commencement
Extent
Law In Force
7
In section 23 of that Act (application of Act to deserters etc), omit the words “is sentenced to death
or”.
Amendments Pending
Commencement
Extent
Law In Force
8
In section 29 of that Act (definitions)–
(a) in the definition of “desert” for the words from “against paragraph (a)” to the end
substitute “under section 8 of the Armed Forces Act 2006;”;
(b) for the words after that definition substitute–
““Subject to service law”has the same meaning as in the Armed Forces Act
2006.”
Amendments Pending
Commencement
Extent
Law In Force
9
“29A Application of Act to members of naval, marine or air forces

(1) Regulations may provide that any provision of this Act does not apply, or applies with
prescribed modifications, in relation to a relevant person.
(2) In this section “relevant person” means a person subject to service law who is not a
member of Her Majesty's military forces.”
Amendments Pending
Commencement
Extent
Law In Force
10
In section 33 of that Act (short title) for “Regimental Debts Act 1893” substitute “Debts (Deceased
Servicemen etc) Act 1893”.
Amendments Pending
Commencement
Sch. 16 para. 10: May 6, 2009 (SI 2009/1167 art. 3(b))
Extent
Uniforms Act 1894 (c. 45)

Law In Force
11
In section 4 of the Uniforms Act 1894 (interpretation)–
(a) in the definition of “Her Majesty's Military Forces”, for “Army Act 1955” substitute
“Armed Forces Act 2006”;
(b) for the definition of “Her Majesty's Naval Forces” substitute–
““Her Majesty's Naval Forces”does not include any Commonwealth force.”
Amendments Pending
Commencement
Extent
Criminal Evidence Act 1898 (c. 36)
Law In Force
12
(1) Section 6 of the Criminal Evidence Act 1898 (application of Act) is amended as follows.
(2) In subsection (1) omit the words from “including” to the end.
“(1A) This Act applies in relation to service proceedings as it applies in relation to criminal
proceedings before a court in England and Wales.
(1B) In this section “service proceedings” means proceedings before a court (other than a
civilian court) in respect of a service offence; and “service offence” and “civilian court”
here have the same meanings as in the Armed Forces Act 2006.”
Amendments Pending
Commencement
Extent
Air Force (Constitution) Act 1917 (c. 51)
Law In Force
13
In section 2(1) of the Air Force (Constitution) Act 1917 (government, discipline and pay of the
Royal Air Force)–
(a) omit “, pay, allowances,”;
(b) after “Air Force”, in the second place where it occurs, insert “(except pay and
allowances)”.
Amendments Pending
Commencement
Extent
Visiting Forces (British Commonwealth) Act 1933 (c. 6)

Law In Force
14
(1) Section 4 of the Visiting Forces (British Commonwealth) Act 1933 (attached personnel) is
amended as follows.
(2) In subsection (2)(ii), for the words from the beginning to “may” substitute “may, with his
consent,”.
(a) for the words before the proviso substitute–
“(3) While a member of another force is by virtue of this section attached temporarily
to a home force–
(a) he is subject to service law for the purposes of the Armed Forces Act
2006 at all times at which he would be so subject if he were a member of
that force; and
(b) he shall be treated as if he were a member of the home force of relative
rank:”;
(b) in the proviso, for the words from “the Naval Discipline Act” to “as the case may be,”
substitute “the Armed Forces Act 2006”.
Amendments Pending
Commencement
Extent
Defence (Armed Forces) Regulations 1939 (S.I. 1939/1304)
Law In Force
15
In Regulation 6 of the Defence (Armed Forces) Regulations 1939–
(a) for “the Naval Discipline Act, military law or air-force law” substitute “service law
within the meaning of the Armed Forces Act 2006”;
(b) omit the words from “within the meaning of” to the end;
and the text of the Regulation set out in Part C of Schedule 2 to the Emergency Laws (Repeal) Act
1959 (c. 19) is amended accordingly.
Amendments Pending
Commencement
Extent
Courts-Martial (Appeals) Act 1951 (c. 46)
Law In Force
16
In section 29 of the Courts-Martial (Appeal) Act 1951 (appointment of Judge Advocate General)
for “His Majesty's regular, auxiliary and reserve land and air forces” substitute “Her Majesty's
regular and reserve naval, land and air forces”.
Amendments Pending
Commencement
Sch. 16 para. 16: January 1, 2008 (SI 2007/2913 art. 3)
Extent
Prison Act 1952 (c. 52)

Law In Force
17
In section 43 of the Prison Act 1952 (young offender institutions etc), after subsection (7) add–
“(8) The application of this Act to a person on whom a custodial sentence (within the
meaning of the Armed Forces Act 2006) has been passed in respect of a service offence
(within the meaning of that Act) is not affected by the omission from subsection (1) of a
reference to that sentence.”
Amendments Pending
Commencement
Extent
Visiting Forces Act 1952 (c. 67)
Law In Force
18
(1) Section 13 of the Visiting Forces Act 1952 (apprehension etc of deserters and absentees of
visiting forces) is amended as follows.
(a) for the words from “sections one hundred and eighty-six” to “regular forces)” substitute
“sections 314 to 317 of the Armed Forces Act 2006 (which relate to the apprehension and
transfer to service custody of deserters and absentees without leave who are subject to
service law)”;
(b) for “from the regular forces” substitute “who are subject to service law”.
(3) In subsection (2) for the words from “the said sections” to “eighty-eight” substitute “sections
314 and 315 of that Act”.
“(3) In sections 315 to 317 of that Act as applied by subsection (1) above–
(a) references to the transfer of a person to service custody are to be read as
references to the handing over of that person to such authority of the country to
which he belongs, at such place in the United Kingdom, as may be designated by

the appropriate authority of that country;
(b) references to the taking of a person into service custody are to be read as
references to the taking of a person into the custody of such authority of the country
to which he belongs as may be designated by the appropriate authority of that
country.”
Amendments Pending
Commencement
Extent
Law In Force
19
In section 14 of that Act (evidence for purposes of section 13) for “Army Act 1955” substitute
“Armed Forces Act 2006”.
Amendments Pending
Commencement
Extent
Army Act 1955 (3 & 4 Eliz. 2 c. 18)
R Repealed
20 […]1
Notes
1
Repealed by Armed Forces Act 2006 c. 52 Sch.17 para.1 (October 31, 2009 as SI 2009/1167)
R Repealed
21 […]1
Notes
1
R Repealed
22 […]1
Notes
1
Air Force Act 1955 (3 & 4 Eliz. c. 19)
R Repealed
23 […]1
Notes
1
R Repealed
24 […]1
Notes
1
R Repealed
25 […]1
Notes
1
Naval Discipline Act 1957 (c. 53)
R Repealed
26 […]1
Notes
1
R Repealed
27 […]1
Notes
1
R Repealed
28 […]1
Notes
1
R Repealed
29 […]1
Notes
1
R Repealed
30 […]1
Notes
1
R Repealed
31 […]1
Notes
1
R Repealed
32 […]1
Notes
1
R Repealed
33 […]1
Notes
1
R Repealed
34 […]1
Notes
1
R Repealed
35 […]1
Notes
1
R Repealed
36 […]1
Notes
1
R Repealed
37 […]1
Notes
1
R Repealed
38 […]1
Notes
1
Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58)
Law In Force
39
(1) Section 1 of the Registration of Births, Deaths and Marriages (Special Provisions) Act 1957
(records of births, marriages and deaths among armed forces etc overseas) is amended as follows.
(a) omit the words “, or among the families of”;
(b) for paragraph (b) substitute–
“(b) civilians subject to service discipline.”

(a) for the words from “, or the family” to “of this section” substitute “a civilian subject to
service discipline”;
(b) for “more particular description” substitute “particular description of such civilians”.
“(6) In this section “civilian subject to service discipline”has the same meaning as in the
Armed Forces Act 2006.“
Amendments Pending
Commencement
Extent
Law In Force
40
In section 2(1) of that Act (records of births and deaths in HM ships and aircraft etc)–
(a) omit paragraphs (a) and (b);
(b) in paragraph (c) for “such an aircraft” substitute “one of Her Majesty's aircraft (as
defined by paragraph 1(4) of Schedule 15 to the Armed Forces Act 2006)”.
Amendments Pending
Commencement
Extent
Law In Force
41
In section 4 of that Act (validation of certain entries)–
(a) in subsection (1) for the words from “of any description” to “section one of this Act”
substitute “within subsection (1A) below”;
“(1A) A person is within this subsection if–

(a) he serves Her Majesty in, or is otherwise employed in any capacity
connected with, Her Majesty's naval, military or air forces; or
(b) he belongs to or is employed by any organisation concerned with the
welfare of members of those forces.”
Amendments Pending
Commencement
Extent
Law In Force
42
In section 5(1)(b) of that Act (registration of births of legitimated persons), for the words from “a
person of” to the end substitute “a civilian subject to service discipline (within the meaning of the
Armed Forces Act 2006),”.
Amendments Pending
Commencement
Extent
Public Records Act 1958 (c. 51)
Law In Force
43
In Schedule 1 to the Public Records Act 1958 (definition of public records), in paragraph 4(1), after
paragraph (f) insert–
“(fa) records of the Court Martial, the Summary Appeal Court or the Service Civilian
Court;”.
Amendments Pending
Commencement
Extent
Coroners Act (Northern Ireland) 1959 (c. 15)
Law In Force
44
In section 18 of the Coroners Act (Northern Ireland) 1959 (jury to be summoned in certain cases),
after subsection (3) add–
“(4) This section and section 39(3) of the Prison Act (Northern Ireland) 1953 (prison officers
etc not to be jurors) shall apply where a death occurs on service custody premises within
the meaning of section 300 of the Armed Forces Act 2006 as they apply where a death
occurs in prison.”
Amendments Pending
Commencement
Extent
Administration of Justice Act 1960 (c. 65)
Law In Force
45
(1) Section 13 of the Administration of Justice Act 1960 (appeal in cases of contempt of court) is
amended as follows.
(2) In subsection (2)(c) for “and from an order or decision of the Court of Criminal Appeal or the
Courts-Martial Appeal Court” substitute “and from an order or decision (except one made in
Scotland or Northern Ireland) of the Court Martial Appeal Court”.
(3) In subsection (5) after paragraph (c) insert–
“(d) to an order or decision (except one made in Scotland or Northern Ireland) of

the Court Martial, the Summary Appeal Court or the Service Civilian Court under
section 309 of the Armed Forces Act 2006,”.
Amendments Pending
Commencement
Extent
Criminal Justice Act 1961 (c. 39)
Law In Force
46
In section 22 of the Criminal Justice Act 1961 (assisting escaped prisoners etc), for subsection (3)
substitute–
“(2A) The reference in subsection (2) to a person who has been sentenced as mentioned
there includes–
(a) a person on whom a custodial sentence within the meaning of the Armed Forces
Act 2006 has been passed (anywhere) in respect of a service offence within the
meaning of that Act;
(b) a person in respect of whom an order under section 214 of that Act (detention
for commission of offence during currency of order) has been made.”
Amendments Pending
Commencement
Extent
Law In Force
47
In section 39 of that Act (interpretation) for subsection (2) substitute–
“(2) Except as otherwise expressly provided, references in this Act to a court do not include
the Court Martial, the Summary Appeal Court, the Service Civilian Court, the Court Martial
Appeal Court or the Supreme Court on an appeal brought from the Court Martial Appeal
Court.”
Amendments Pending
Commencement
Extent
Parliamentary Commissioner Act 1967 (c. 13)
Law In Force
48
In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not subject to investigation)–
(a) in paragraph 6 for the words from “proceedings at any place” to “Air Force Act 1955”
substitute “service law proceedings (as defined by section 324(5) of the Armed Forces Act
2006) (anywhere)”;
(b) in paragraph 7 for “Courts-Martial Appeal Court” substitute “Court Martial Appeal
Court”.
Amendments Pending
Commencement
Extent
Law In Force
49
In section 72 of the Criminal Justice Act 1967 (power to issue warrant for arrest of escaped prisoners
etc) after subsection (5) add–
“(6) References in this section to offences include service offences within the meaning of
the Armed Forces Act 2006.”
Amendments Pending
Commencement
Extent
Law In Force
50
In section 104(1) of that Act (interpretation), in the definition of “court” for “a court-martial”
substitute “the Court Martial, the Summary Appeal Court, the Service Civilian Court, the Court
Martial Appeal Court or the Supreme Court on an appeal brought from the Court Martial Appeal
Court”.
Amendments Pending
Commencement
Extent
Civil Evidence Act 1968 (c. 64)
Law In Force
51
(1) Section 11 of the Civil Evidence Act 1968 (convictions as evidence in civil proceedings) is
amended as follows.
(2) In subsection (1) for “by a court-martial there or elsewhere” substitute “of a service offence
(anywhere)”.
(3) In subsection (2) for “by a court-martial there or elsewhere” substitute “of a service offence”.
(4) In subsection (5) after paragraph (a) insert–
“(aa) section 187 of the Armed Forces Act 2006 (which makes similar provision
in respect of service convictions);”.
“(7) In this section–

“service offence”has the same meaning as in the Armed Forces Act 2006;
“conviction”includes anything that under section 376(1) and (2) of that Act is to be
treated as a conviction, and “convicted”is to be read accordingly.”
Amendments Pending
Commencement
Extent
Law In Force
52
In section 13 of that Act (conclusiveness of convictions for purposes of defamation actions)–
(a) in subsection (3) for “by a court-martial there or elsewhere” substitute “(in the case of
a service offence) a conviction (anywhere) of that service offence”;
(b) in subsection (4) for “(6)” substitute “(7)”.
Amendments Pending
Commencement
Extent
Law In Force
53
In section 18 of that Act (general interpretation etc)–
(a) in subsection (2), in the definition of “court” for “court-martial” substitute “service
court”;
“(2A) In subsection (2)“service court” means the Court Martial, the Summary Appeal
Court, the Service Civilian Court, the Court Martial Appeal Court or the Supreme
Court on an appeal brought from the Court Martial Appeal Court.”
Amendments Pending
Commencement
Extent
Equal Pay Act 1970 (c. 41)
Law In Force
54
(1) Section 7A of the Equal Pay Act 1970 (service pay and conditions) is amended as follows.
(a) in paragraph (a) for the words from “a complaint” to “those procedures” substitute “a
service complaint in respect of the claim”;
(b) in paragraph (b) for “complaint” substitute “service complaint”.
(3) In subsection (7), for “the service redress procedures” substitute “the service complaint
procedures”.
(4) In subsection (12), for the definition of “the service redress procedures” substitute–
““service complaint” means a complaint under section 334 of the Armed Forces
Act 2006;
“the service complaint procedures” means the procedures prescribed by regulations
under that section.”
Amendments Pending
Commencement
Sch. 16 para. 54(1)-(4): January 1, 2008 (SI 2007/2913 art. 3)
Extent
Law In Force
55
In section 7AB of that Act (“arrears date” for purposes of section 7A(9)(a) (proceedings in England
and Wales))–
(a) in subsection (2), in paragraph (b) of the definitions of “concealment case” and “disability
case”, for “complaint under the service redress procedures” substitute “service complaint”;
(b) in subsection (3) for “complaint under the service redress procedures” substitute “service
complaint”;
(c) in subsection (5) for the words from “complaint” to the end substitute “service complaint
having been made.”;
(d) in subsection (6) for “complaint under the service redress procedures” substitute “service
complaint”.
Amendments Pending
Commencement
Sch. 16 para. 55(a)-(d): January 1, 2008 (SI 2007/2913 art. 3)
Extent
Law In Force
56
In section 7AC of that Act (determination of “period” for purposes of section 7A(9)(b) (proceedings
in Scotland))–
(a) in subsection (2) for “complaint under the service redress procedures” substitute “service
complaint”;
(b) in subsection (4) for the words from “complaint” to the end substitute “service complaint
(c) in subsection (5) for “complaint under the service redress procedures” substitute “service
complaint”.
Amendments Pending
Commencement
Sch. 16 para. 56(a)-(c): January 1, 2008 (SI 2007/2913 art. 3)
Extent
Equal Pay Act (Northern Ireland) 1970 (c. 32)
Law In Force
57
(1) Section 6A of the Equal Pay Act (Northern Ireland) 1970 (service pay and conditions) is amended
as follows.
service complaint in respect of the claim”;
(3) In subsection (7), for “the service redress procedures” substitute “the service complaint
procedures”.
(4) In subsection (12), for the definition of “the service redress procedures” substitute–
Act 2006;
under that section.”
Amendments Pending
Commencement
Extent
Law In Force
58
In section 6AB of that Act (“arrears date” in proceedings under section 6A(9))–
(a) in subsection (2), in paragraph (b) of the definitions of “concealment case” and “disability
case”, for “complaint under the service redress procedures” substitute “service complaint”;
(b) in subsection (3) for “complaint under the service redress procedures” substitute “service
complaint”;
(c) in subsection (5) for the words from “complaint” to the end substitute “service complaint
(d) in subsection (6) for “complaint under the service redress procedures” substitute “service
complaint”.
Amendments Pending
Commencement
Sch. 16 para. 58(a)-(d): January 1, 2008 (SI 2007/2913 art. 3)
Extent
Civil Evidence Act (Northern Ireland) 1971 (c. 36)
Law In Force
59
(1) Section 7 of the Civil Evidence Act (Northern Ireland) 1971 (convictions as evidence in civil
proceedings) is amended as follows.
(2) In subsection (1) for “by a court-martial there or elsewhere” substitute “of a service offence
(anywhere)”.
(3) In subsection (2) for “by a court-martial there or elsewhere” substitute “of a service offence”.
(4) In subsection (5) after paragraph (b) insert–
“(bb) section 187 of the Armed Forces Act 2006 (which makes similar provision

“service offence”has the same meaning as in the Armed Forces Act 2006;
“conviction”includes anything that under section 376(1) and (2) of that Act is to be
treated as a conviction, and “convicted”is to be read accordingly.”
Amendments Pending
Commencement
Extent
Law In Force
60
In section 9 of that Act (conclusiveness of convictions for purposes of defamation actions)–
(a) in subsection (3) for “by a court-martial there or elsewhere” substitute “(in the case of
a service offence) a conviction (anywhere) of that service offence”;
(b) in subsection (4) for “(6)” substitute “(7)”.
Amendments Pending
Commencement
Extent
Law In Force
61
In section 14 of that Act (general interpretation etc)–
(a) in subsection (2), in the definition of “court” for “court-martial” substitute “service
court”;
“(2A) In subsection (2)“service court” means the Court Martial, the Summary Appeal
Court, the Service Civilian Court, the Court Martial Appeal Court or the Supreme
Court on an appeal brought from the Court Martial Appeal Court.”
Amendments Pending
Commencement
Extent
Juries Act 1974 (c. 23)
Law In Force
62
In Schedule 1 to the Juries Act 1974 (persons disqualified from jury service, etc)–
(a) in paragraph 7(c) after “Channel Islands” insert “or a service community order or
overseas community order under the Armed Forces Act 2006”;
(b) in paragraph 8(a) for “by a court-martial” substitute “(anywhere) in respect of a service
offence within the meaning of the Armed Forces Act 2006”.
Amendments Pending
Commencement
Extent
Rehabilitation of Offenders Act 1974 (c. 53)
Law In Force
63
In section 1 of the Rehabilitation of Offenders Act 1974 (rehabilitated persons and spent convictions),
in subsection (4) after “2000” insert “or section 187 of the Armed Forces Act 2006”.
Amendments Pending
Commencement
Extent
Law In Force
64
In section 2 of that Act (rehabilitation of persons dealt with in service disciplinary proceedings)–
(a) in subsection (5) after “any of the following-” insert–
“(za) any proceedings (whether or not before a court) in respect of a service

offence within the meaning of the Armed Forces Act 2006 (except
proceedings before a civilian court within the meaning of that Act);”;
(b) after that subsection add–
“(6) Section 376(1) to (3) of the Armed Forces Act 2006 (“conviction” and
“sentence” in relation to summary hearings and the SAC) apply for the purposes of
this Act as they apply for the purposes of that Act.”
Amendments Pending
Commencement
Extent
Law In Force
65
(1) Section 5 of that Act (rehabilitation periods for particular sentences) is amended as follows.
(a) in paragraph (d)–
(i) after “Powers of Criminal Courts (Sentencing) Act 2000,” insert “or under section
209 or 218 of the Armed Forces Act 2006,”;
(ii) after “said Act of 2000” insert “or section 209 of the said Act of 2006”;
(iii) omit “or a corresponding court-martial punishment”;
(b) in paragraph (f), at the end insert “(including any sentence within this paragraph passed
as a result of any of sections 219 to 222 of the Armed Forces Act 2006)”.
(3) For subsection (1A) substitute–
“(1A) In subsection (1)(d)–

(a) references to section 209 of the Armed Forces Act 2006 include references to
section 71A(4) of the Army Act 1955 or Air Force Act 1955 or section 43A(4) of
the Naval Discipline Act 1957;
(b) the reference to section 218 of the Armed Forces Act 2006 includes a reference
to section 71A(3) of the Army Act 1955 or Air Force Act 1955 or section 43A(3)
of the Naval Discipline Act 1957.”
(a) in Table A, in the fifth entry for “Any sentence of detention” substitute “Any sentence
of service detention within the meaning of the Armed Forces Act 2006, or any sentence of
detention corresponding to such a sentence,”;
(b) in Table B–
(i) in the fourth entry, after “2000” insert “or under section 209 of the Armed Forces
Act 2006”;
(ii) in the fifth entry, for “either of those provisions” substitute “any provision
mentioned in the fourth entry in this Table”.
(5) Before subsection (3) insert–
“(2A) Table B applies in relation to a sentence under section 71A(4) of the Army Act 1955
or Air Force Act 1955 or section 43A(4) of the Naval Discipline Act 1957 as it applies in
relation to one under section 209 of the Armed Forces Act 2006.”
(6) In subsection (4A) after “2003” insert “or a service community order or overseas community
order under the Armed Forces Act 2006”.
(7) In subsection (6A) after “2000” insert “, or an order under section 211 of the Armed Forces Act
2006 was made”.
(8) In subsection (9)(b) after “2000” insert “or section 209 of the Armed Forces Act 2006”.
England and Wales
[ 65
(1) Section 5 of that Act (rehabilitation periods for particular sentences) is amended as follows.
(i) after “Powers of Criminal Courts (Sentencing) Act 2000,” insert “or under section
209 or 218 of the Armed Forces Act 2006,”;
(ii) after “said Act of 2000” insert “or section 209 of the said Act of 2006”;
(iii) omit “or a corresponding court-martial punishment”;
(b) in paragraph (f), at the end insert “(including any sentence within this paragraph passed
as a result of any of sections 219 to 222 of the Armed Forces Act 2006)”.
(3) For subsection (1A) substitute–
“(1A) In subsection (1)(d)–

(a) references to section 209 of the Armed Forces Act 2006 include references to
section 71A(4) of the Army Act 1955 or Air Force Act 1955 or section 43A(4) of
the Naval Discipline Act 1957;
(b) the reference to section 218 of the Armed Forces Act 2006 includes a reference
to section 71A(3) of the Army Act 1955 or Air Force Act 1955 or section 43A(3)
of the Naval Discipline Act 1957.”
(4) [...]
(5) [...]
(6) [...]
(7) [...]
(8) [...]
]1
Notes
1
Repealed by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.25(2) para.1 (March 10,
2014 subject to savings specified in SI 2014/423 art.3)
Amendments Pending
Commencement
Extent
Partially Repealed
66
In the Schedule to that Act (service disciplinary convictions referred to in section 6(6)(bb)), after
paragraph 6 add–
“Provisions of the Armed Forces Act 2006
7
Any service offence within the meaning of the Armed Forces Act 2006 except one punishable
in the case of an offender aged 18 or over with imprisonment for more than two years.”
England and Wales
[…]1
Notes
1
Repealed by Legal Aid, Sentencing and Punishment of Offenders Act 2012 c. 10 Sch.25(2) para.1 (March 10,
2014 subject to savings specified in SI 2014/423 art.3)
Amendments Pending
Commencement
Extent
House of Commons Disqualification Act 1975 (c. 24)
Law In Force
67
In section 1 of the House of Commons Disqualification Act 1975 (disqualification of holders of
certain offices)–
(a) in subsection (1)(c) omit “or the Ulster Defence Regiment”;
(b) in subsection (3), in the definition of “regular armed forces of the Crown”, for the words
from “the regular forces” to the end substitute “the Royal Marines, the regular army (as
defined by section 374 of the Armed Forces Act 2006) or the Royal Air Force.”
Amendments Pending
Commencement
Extent
Law In Force
68
In Part 1 of Schedule 1 to that Act (judicial offices disqualifying for membership), for “Judge of
the Courts-Martial Appeal Court.” substitute “Judge of the Court Martial Appeal Court.”
Amendments Pending
Commencement
Extent
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
Law In Force
69
In section 1 of the Northern Ireland Assembly Disqualification Act 1975 (disqualification of holders
of certain offices)–
(a) in subsection (1)(c) omit the words from “or” to the end;
(b) in subsection (2), in the definition of “regular armed forces of the Crown”, for the words
from “the regular forces” to the end substitute “the Royal Marines, the regular army (as
defined by section 374 of the Armed Forces Act 2006) or the Royal Air Force.”
Amendments Pending
Commencement
Extent
Law In Force
70
In Part 1 of Schedule 1 to that Act (judicial offices disqualifying for membership), for “Judge of
the Courts-Martial Appeal Court.” substitute “Judge of the Court Martial Appeal Court.”
Amendments Pending
Commencement
Extent
Sex Discrimination Act 1975 (c. 65)
Law In Force
71
(1) Section 85 of the Sex Discrimination Act 1975 (application to Crown etc) is amended as follows.
(2) In subsection (9B)–
service complaint in respect of the act complained of”;
(3) In subsection (9D) for “the service redress procedures” substitute “the service complaint
procedures”.
(4) In subsection (10) for the definition of “the service redress procedures” substitute–
Act 2006;

under that section;”.
Amendments Pending
Commencement
Extent
Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c. 14)
Law In Force
72
In section 1(4) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (investigation
of death and application for public inquiry)–
(a) after paragraph (b) insert–
“(ba) he is detained in, or is subject to detention in, service custody premises

(within the meaning of section 300 of the Armed Forces Act 2006);”;
(b) in paragraph (c)(i) for “and (b)” substitute “, (b) and (ba)”.
Amendments Pending
Commencement
Extent
Bail Act 1976 (c. 63)
Law In Force
73
In section 2(2) of the Bail Act 1976 (definitions), for the definition of “Courts– Martial Appeal
rules” substitute–
“Court Martial Appeal Rules” means rules made under section 49 of the Court
Martial Appeals Act 1968,”.
Amendments Pending
Commencement
Extent
Law In Force
74
In section 5(10) of that Act (meaning of “prescribed” for purposes of section 5), for “Courts-Martial
Appeal rules” substitute “Court Martial Appeal Rules”.
Amendments Pending
Commencement
Extent
Law In Force
75
In section 6(9)(c)(v) of that Act (meaning of the “appropriate officer” of the court), for
“Courts-Martial Appeal Court” substitute “Court Martial Appeal Court”.
Amendments Pending
Commencement
Extent
Law In Force
76
In section 8(4) of that Act (persons before whom recognizance may be entered into)–
(i) for “Courts-Martial Appeal Court” substitute “Court Martial Appeal Court”;
(ii) for “Courts-Martial Appeal rules” substitute “Court Martial Appeal Rules”;
(b) in the words after paragraph (d) for “Courts-Martial Appeal rules” substitute “Court
Martial Appeal Rules”.
Amendments Pending
Commencement
Extent
Law In Force
77
In section 13(3) of that Act (application of Act), for “Courts-Martial Appeal Court” substitute
“Court Martial Appeal Court”.
Amendments Pending
Commencement
Extent
Law In Force
78
In Schedule 1 to that Act (persons entitled to bail: supplementary provisions)–
(a) in paragraph 4 of each of Parts 1 and 2, for the words from “the sentence” to the end
substitute “a sentence of a court or a sentence imposed by an officer under the Armed Forces
Act 2006.”; and
(b) in paragraph 4 of Part 3 omit the definition of “the Services Acts”.
Amendments Pending
Commencement
Extent
Race Relations Act 1976 (c. 74)

Law In Force
79
In section 57(4B) of the Race Relations Act 1976 (claims under Part 3), in the words after the
definition of “public investigator functions”, for the words from “any offence” to “1957” substitute
“any service offence within the meaning of the Armed Forces Act 2006”.
Amendments Pending
Commencement
Extent
Law In Force
80
(1) Section 75 of that Act (application to Crown etc) is amended as follows.
service complaint in respect of the act complained of”;
(3) In subsection (9B) for “the service redress procedures” substitute “the service complaint
procedures”.
(4) In subsection (10), for paragraph (ab) substitute–
“(ac) “service complaint” means a complaint under section 334 of the Armed Forces
Act 2006;
(ad) “the service complaint procedures” means the procedures prescribed by
regulations under that section;”.
Amendments Pending
Commencement
Extent
Law In Force
81
In section 78(1) of that Act (general interpretation provisions), for the definition of “criminal
proceedings” substitute–
““criminal proceedings”includes service law proceedings (as defined by section

324(5) of the Armed Forces Act 2006);”.
Amendments Pending
Commencement
Extent
Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))
Law In Force
82
(1) Article 82 of the Sex Discrimination (Northern Ireland) Order 1976 (application to Crown etc)
(2) In paragraph (9B)–
(a) in sub-paragraph (a) for the words from “a complaint” to “those procedures” substitute
“a service complaint in respect of the act complained of”;
(b) in sub-paragraph (b) for “complaint” substitute “service complaint”.
(3) In paragraph (9D) for “the service redress procedures” substitute “the service complaint
procedures”.
(4) In paragraph (10) for the definition of “the service redress procedures” substitute–
Act 2006;
Amendments Pending
Commencement
Extent
Judicature (Northern Ireland) Act 1978 (c. 23)
Law In Force
83
In section 44 of the Judicature (Northern Ireland) Act 1978 (appeals in cases of contempt of court)–
(a) in subsection (2)(b) for “Courts-Martial Appeal Court” substitute “Court Martial Appeal
Court”;
(b) in subsection (5) after paragraph (c) insert–
“(d) to an order or decision of the Court Martial or the Summary Appeal

Court under section 309 of the Armed Forces Act 2006;”.
Amendments Pending
Commencement
Extent
Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))
Law In Force
84
In Article 2 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (interpretation), in
paragraph (2), in the definition of “service disciplinary proceedings”, after “any of the following–”
insert–
“(za) any proceedings (whether or not before a court) in respect of a service offence
within the meaning of the Armed Forces Act 2006 (except proceedings before a
civilian court within the meaning of that Act);”.
Amendments Pending
Commencement
Extent
Law In Force
85
In Article 4 of that Order (rehabilitation of persons dealt with in service disciplinary proceedings),
after paragraph (1) insert–
“(1A) Section 376(1) to (3) of the Armed Forces Act 2006 (“conviction” and “sentence”in
relation to summary hearings and the SAC) apply for the purposes of this Order as they
apply for the purposes of that Act.”
Amendments Pending
Commencement
Extent
Law In Force
86
(1) Article 6 of that Order (rehabilitation periods for particular sentences) is amended as follows.
(2) In paragraph (1)–
(a) in sub-paragraph (c) omit the “and” at the end;
(b) in sub-paragraph (d) omit “or a corresponding court-martial punishment”;
(c) after that sub-paragraph insert–
“(e) a sentence of detention for life, or for a term exceeding thirty months,
passed under section 209 of the Armed Forces Act 2006;
(f) a sentence of detention during Her Majesty's pleasure under section 218
of that Act; and
(g) any of the following passed as a result of any of sections 219 to 222 of
that Act–
(i) a sentence of imprisonment for public protection under section
225 of the Criminal Justice Act 2003;
(ii) a sentence of detention for public protection under section 226
of that Act;
(iii) an extended sentence under section 227 or 228 of that Act;”.
(a) in Table A, in the fifth entry for “Any sentence of detention” substitute “Any sentence
of service detention within the meaning of the Armed Forces Act 2006, or any sentence of
detention corresponding to such a sentence,”;
(b) in Table B–
(i) in the fourth entry, after “1998” insert “or under section 209 of the Armed Forces
Act 2006”;
(ii) in the fifth entry, after “Article 45” insert “or that section 209”.
(4) After paragraph (4) insert–
“(4A) Where in respect of a conviction an order under section 211 of the Armed Forces
Act 2006 (detention and training order) was made, the rehabilitation period applicable to
the sentence shall be–
(a) in the case of a person aged 15 or over on conviction, five years if the order was
for a term exceeding six months, or three and a half years if it was for six months
or less;
(b) in the case of a person aged under 15 on conviction, a period beginning with
the date of conviction and ending one year after the date on which the order ceases
to have effect.
(4B) Where in respect of a conviction a service community order under the Armed Forces
Act 2006 or an overseas community order under that Act was made, the rehabilitation period
applicable to the sentence shall be–
(a) in the case of a person aged 18 or over on conviction, 5 years from the date of
conviction;
(b) in the case of a person aged under 18 on conviction, two and a half years from
the date of conviction or a period beginning with the date of conviction and ending
when the order ceases to have effect, whichever is the longer.”
(a) omit sub-paragraph (a);
(b) in sub-paragraph (c) after “1998” insert “or section 209 of the Armed Forces Act 2006”.
(6) After paragraph (9) insert–
“(9A) In this Article–

(a) references in paragraphs (1) and (2) to section 209 of the Armed Forces Act
2006 include references to section 71A(4) of the Army Act 1955 or Air Force Act
1955 or section 43A(4) of the Naval Discipline Act 1957;
(b) the reference in paragraph (1) to section 218 of the Armed Forces Act 2006
includes a reference to section 71A(3) of the Army Act 1955 or Air Force Act 1955
or section 43A(3) of the Naval Discipline Act 1957.
Amendments Pending
Commencement
Extent
Law In Force
87
In the Schedule to that Order (service disciplinary convictions referred to in Article 7(6)(bb)), after
paragraph 6 add–
“7 Provisions of the Armed Forces Act 2006

Any service offence within the meaning of the Armed Forces Act 2006 except one punishable
in the case of an offender aged 18 or over with imprisonment for more than two years.”
Amendments Pending
Commencement
Extent
Magistrates' Courts Act 1980 (c. 43)
Law In Force
88
In section 19(5) of the Magistrates' Courts Act 1980 (decision as to allocation), for paragraph (b)
substitute–
“(b) a previous conviction of a service offence within the meaning of the Armed
Forces Act 2006 (“conviction” here including anything that under section 376(1)
and (2) of that Act is to be treated as a conviction).”
Amendments Pending
Commencement
Extent
Law In Force
89
In section 125D(3) of that Act (execution by person not in possession of warrant), for paragraph
(b) substitute–
“(b) a warrant under section 313, 314 or 317 of the Armed Forces Act 2006;”.
Amendments Pending
Commencement
Extent
Public Passenger Vehicles Act 1981 (c. 14)
Law In Force
90
In Schedule 3 to the Public Passenger Vehicles Act 1981 (supplementary provisions as to
qualifications for PSV operator's licence), in paragraph 1–
(a) in sub-paragraph (6) after “1978” insert “or a service community order or overseas
community order under the Armed Forces Act 2006”;
(b) in sub-paragraph (7) for the words from “a civil offence” to the end substitute “an
offence under section 42 of the Armed Forces Act 2006.”
Amendments Pending
Commencement
Extent
Contempt of Court Act 1981 (c. 49)
Law In Force
91
In section 19 of the Contempt of Court Act 1981 (interpretation), for “Courts-Martial Appeal Court”,
in both places, substitute “Court Martial Appeal Court”.
Amendments Pending
Commencement
Extent
Law In Force
92
In Schedule 1 to that Act (times when proceedings are active for purposes of section 2), after
paragraph 1 insert–
“1A
In paragraph 1 the reference to an offence includes a service offence within the meaning
of the Armed Forces Act 2006.”
Amendments Pending
Commencement
Extent
Senior Courts Act 1981 (c. 54)
Law In Force
93
In section 29 of the Senior Courts Act 1981 (mandatory, prohibiting and quashing orders), for
subsection (3A) substitute–
“(3A) The High Court shall have no jurisdiction to make mandatory, prohibiting or quashing
orders in relation to the jurisdiction of the Court Martial in matters relating to–
(a) trial by the Court Martial for an offence; or
(b) appeals from the Service Civilian Court.“
Amendments Pending
Commencement
Extent
Law In Force
94
(1) Section 32 of the Criminal Justice Act 1982 (early release of prisoners) is amended as follows.
(2) In subsection (1) at the end of paragraph (b) add
“or
(c) imprisonment to which they were sentenced for an offence under section 42 of
the Armed Forces Act 2006 (criminal conduct) as respects which the corresponding
offence under the law of England and Wales (within the meaning of that section)
is–
(i) an excluded offence;
(ii) an attempt to commit an excluded offence;
(iii) conspiracy to commit an excluded offence; or
(iv) aiding or abetting, counselling, procuring or inciting the commission
of an excluded offence,”.
“(1A) The reference in subsection (1)(a) to sentences of imprisonment for public protection
under section 225 of the Criminal Justice Act 2003 and to extended sentences under 227
of that Act includes such sentences passed as a result of section 219 or 220 of the Armed
Forces Act 2006.”
“(2A) Section 48 of the Armed Forces Act 2006 (attempts, conspiracy, incitement and
aiding and abetting outside England and Wales) applies for the purposes of subsection
(1)(c)(ii) to (iv) above as if the reference in subsection (3)(b) of that section to any of the
following provisions of that Act were a reference to subsection (1)(c)(ii) to (iv).”.
(5) In subsection (3)(b) after “(iv)” insert “or (1)(c)”.
Amendments Pending
Commencement
Extent
Representation of the People Act 1983 (c. 2)

Law In Force
95
In section 3(2)(a) of the Representation of the People Act 1983 (disenfranchisement of offenders
in prison etc), for the words from “court-martial” to “1976” substitute “court of a service offence
within the meaning of the Armed Forces Act 2006”.
Amendments Pending
Commencement
Extent
Law In Force
96
In section 3A of that Act (disenfranchisement of offenders detained in mental hospitals), for
subsection (5) substitute–
“(5) The reference in subsection (2)(a)(i) to an order under section 37 or 38 of the Mental
Health Act 1983 includes such an order made by virtue of Schedule 4 to the Armed Forces
Act 2006 (including as applied by section 16(2) of the Court Martial Appeals Act 1968).”
Amendments Pending
Commencement
Extent
Mental Health Act 1983 (c. 20)

Law In Force
97
(1) Section 47 of the Mental Health Act 1983 (removal to hospital of prisoners etc) is amended as
follows.
(2) In subsection (5)(a)–
(a) after “proceedings” insert “or service disciplinary proceedings”;
(b) after “trial” insert “or a sentence of service detention within the meaning of the Armed
Forces Act 2006”.
“(6) In subsection (5)(a)“service disciplinary proceedings” means proceedings in respect

of a service offence within the meaning of the Armed Forces Act 2006.”
Amendments Pending
Commencement
Extent
Repatriation of Prisoners Act 1984 (c. 47)
Law In Force
98
In section 1 of the Repatriation of Prisoners Act 1984 (warrants for transfer of prisoners etc into
or out of UK), after subsection (7) insert–
“(7A) In subsection (7)(a) the reference to an order made by a court or tribunal in the United
Kingdom in the course of the exercise of its criminal jurisdiction includes an order made
(anywhere) by–
(c) the Court Martial Appeal Court; or
(d) the Supreme Court on an appeal brought from the Court Martial Appeal Court.”
Amendments Pending
Commencement
Extent
Inheritance Tax Act 1984 (c. 51)
Law In Force
99
In section 154(2) of the Inheritance Tax Act 1984 (death on active service etc), for the words from
“(not being a member” to “any body of those forces” substitute “a civilian subject to service
discipline within the meaning of the Armed Forces Act 2006”.
Amendments Pending
Commencement
Extent
Police and Criminal Evidence Act 1984 (c. 60)

Law In Force
100
In section 63A(1B) of the Police and Criminal Evidence Act 1984 (fingerprints and samples:
supplementary provisions)–
(a) in paragraph (h) for “Royal Navy Regulating Branch” substitute “Royal Navy Police”;
(b) omit paragraph (k).
Amendments Pending
Commencement
Sch. 16 para. 100(a): June 4, 2007 (SI 2007/1442 art. 2(1))
Sch. 16 para. 100(b): January 1, 2008 (SI 2007/2913 art. 3)
Extent
Sch. 16 para. 100(a)-(b): United Kingdom (extends to the Isle of Man and the British overseas territories and may
Law In Force
101
In section 67 of that Act (codes of practice: supplementary), for subsection (12) substitute–
“(12) In subsection (11)“criminal proceedings”includes service proceedings.

(13) In this section “service proceedings” means proceedings before a court (other than a
civilian court) in respect of a service offence; and “service offence” and “civilian court”
Amendments Pending
Commencement
Extent
Law In Force
102
(1) Section 72 of that Act (provision supplementary to Part 7 (documentary evidence in criminal
proceedings)) is amended as follows.
(2) In subsection (1), in the definition of “proceedings”, for paragraphs (a) to (c) substitute “service
proceedings.”
“(1A) In subsection (1)“service proceedings” means proceedings before a court (other than
a civilian court) in respect of a service offence; and “service offence” and “civilian court”
Amendments Pending
Commencement
Extent
Sch. 16 para. 102(1)-(3): United Kingdom (extends to the Isle of Man and the British overseas territories and may
Law In Force
103
In section 75(3) of that Act (supplementary provision about conviction as evidence of commission
of offence), after paragraph (a) insert–
Amendments Pending
Commencement
Extent
Law In Force
104
(1) Section 82 of that Act (interpretation of Part 8 (evidence in criminal proceedings: general)) is
amended as follows.
(a) omit the definition of “court-martial”;
(b) in the definition of “proceedings”, for paragraphs (a) to (c) substitute “service
proceedings;”;
(c) in the definition of “Service court” for “a court-martial or a Standing Civilian Court”
substitute “the Court Martial or the Service Civilian Court”.
“(1A) In subsection (1)“service proceedings” means proceedings before a court (other than
Amendments Pending
Commencement
Extent
Law In Force
105
(1) Section 113 of that Act (application of Act to armed forces) is amended as follows.
“(1) The Secretary of State may by order make provision in relation to–
(a) investigations of service offences,
(b) persons arrested under a power conferred by or under the Armed Forces Act
2006,
(c) persons charged under that Act with service offences,
(d) persons in service custody, or
(e) persons convicted of service offences,
which is equivalent to that made by any provision of Part 5 of this Act (or this Part of this
Act so far as relating to that Part), subject to such modifications as the Secretary of State
considers appropriate.”
(3) In subsection (2) for the words from “offences” to the end substitute “service offences”.
(4) In subsection (3) for the words from “concerned with” to the end substitute
“concerned with–
(a) the exercise of powers conferred by or under Part 3 of the Armed Forces Act
2006; or
(b) investigations of service offences.”
(5) In subsection (4) for “enquiries” substitute “investigations”.
“(9) Subsection (8) above applies to proceedings in respect of an offence under a provision
of Part 1 of the Armed Forces Act 2006 other than section 42 (criminal conduct).”
(8) In subsection (12) for the words from “proceedings” to the end of paragraph (c) substitute
“service proceedings”.
“(12A) In this section–

“service offence”has the meaning given by section 50 of the Armed Forces Act
2006;
“criminal proceedings”includes service proceedings;
“service proceedings” means proceedings before a court (other than a civilian court)
in respect of a service offence; and
“civilian court”has the meaning given by section 374 of the Armed Forces Act 2006;
and section 376(1) and (2) of that Act (meaning of “convicted”in relation to summary
hearings and the SAC) apply for the purposes of subsection (1)(e) above as they apply for
the purposes of that Act.”
“(14) Section 373(5) and (6) of the Armed Forces Act 2006 (supplementary provisions)
apply in relation to an order under this section as they apply in relation to an order under
that Act.”
Amendments Pending
Commencement
Sch. 16 para. 105(1), (3)-(10): October 31, 2009 (SI 2009/1167 art. 4)
Sch. 16 para. 105(2): March 28, 2009 for the purpose of enabling the Secretary of State to make orders, regulations
Extent
Law In Force
106
(1) Section 120 of that Act (extent) is amended as follows.
“(6) Nothing in subsection (1) affects–

(a) the extent of section 113(1) to (7) and (12) to (14);
(b) the extent of the relevant provisions so far as they relate to service proceedings.”
(a) for paragraphs (a) and (b) substitute–
“(a) section 67(11) to (13);”;

(b) for paragraphs (d) and (e) substitute–
“(d) section 113(8) to (10).”

“(8A) In this section “service proceedings” means proceedings before a court (other than
(8B) Section 384 of the Armed Forces Act 2006 (Channel Islands, Isle of Man and British
overseas territories) applies in relation to the provisions mentioned in subsection (6)(a) and
(b) above as it applies in relation to that Act.”
Amendments Pending
Commencement
Extent
Prosecution of Offences Act 1985 (c. 23)
Law In Force
107
In section 19 of the Prosecution of Offences Act 1985 (provision for orders as to costs in other
circumstances)–
(a) in subsection (3)(c)(ii) for the words from “to which” to the end substitute “within
subsection (3B) below;”;
(b) after subsection (3A) insert–
“(3B) A request is within this subsection if–

(a) it is a request to a registered medical practitioner to make a written or
oral report on the medical condition of an offender or defendant; and
(b) it is made by a court–
(i) for the purpose of determining whether or not to include in a
community order (within the meaning of Part 12 of the Criminal
Justice Act 2003) a mental health treatment requirement under section
207 of that Act or make an order under section 37 of the Mental
Health Act 1983 (hospital orders and guardianship orders) or
otherwise for the purpose of determining the most suitable method
of dealing with an offender; or
(ii) in exercise of the powers conferred by section 11 of the Powers
of Criminal Courts (Sentencing) Act 2000 (remand of a defendant
for medical examination).”
Amendments Pending
Commencement
Extent
Housing Act 1985 (c. 68)
Law In Force
108
In section 622(1) of the Housing Act 1985 (minor definitions), for the definition of “regular armed
forces of the Crown” substitute–
““regular armed forces of the Crown” means the regular forces as defined by section
374 of the Armed Forces Act 2006;”.
Amendments Pending
Commencement
Extent
Debtors (Scotland) Act 1987 (c. 18)

Law In Force
109
In section 73(3)(b) of the Debtors (Scotland) Act 1987, for the words from “section 203” to “Council”
substitute “section 356 of the Armed Forces Act 2006”.
Amendments Pending
Commencement
Extent
Coroners Act 1988 (c. 13)
Law In Force
110
In section 8 of the Coroners Act 1988 (duty to hold inquest) after subsection (6) add–
“(7) This section applies in relation to service custody premises (within the meaning of
section 300 of the Armed Forces Act 2006) and persons detained in such premises as it
applies in relation to prisons and prisoners.”
Amendments Pending
Sch. 16 para. 110: repealed by Coroners and Justice Act 2009 c. 25, Sch. 23(1) para. 1 (date to be appointed)
Commencement
Extent
Law In Force
111
In section 19 of that Act (post-mortem examination without inquest) in subsection (4)(b) after
“prison” insert “or in service custody premises (within the meaning of section 300 of the Armed
Forces Act 2006),”.
Amendments Pending
Sch. 16 para. 111: repealed by Coroners and Justice Act 2009 c. 25, Sch. 23(1) para. 1 (date to be appointed)
Commencement
Extent
Law In Force
112
In the Criminal Justice Act 1988, omit section 50 (suspended sentences on certain civilians in
service courts).
Amendments Pending
Commencement
Extent
Law In Force
113
In section 146 of that Act (evidence before service courts)–
(a) in the sidenote, for “courts-martial etc” substitute “certain service courts”; and
(b) for “courts-martial, the Courts-Martial Appeal Court and Standing Civilian Courts”
substitute “certain service courts”.
Amendments Pending
Commencement
Extent
Law In Force
114
In section 172 of that Act (extent), for subsections (7) to (9) substitute–
“(7) Nothing in subsection (1) above affects the extent of section 146 or Schedule 13.”
Amendments Pending
Commencement
Extent
Law In Force
115
(1) Schedule 13 to that Act (evidence before service courts) is amended as follows.
(2) In the title for “courts-martial etc” substitute “service courts”.
(a) in the definition of “procedural instruments”, for paragraphs (a) to (d) substitute–
“(a) Court Martial rules within the meaning of the Armed Forces Act 2006;
(b) SCC rules within the meaning of that Act; and
(c) rules under section 49 of the Court Martial Appeals Act 1968;”;
(b) in the definition of “Service courts”, for paragraphs (a) to (d) substitute–
“(a) the Court Martial;

(b) the Service Civilian Court; and
(c) the Court Martial Appeal Court.”
(4) Omit paragraphs 7, 9 and 10.
Amendments Pending
Commencement
Extent
Road Traffic Act 1988 (c. 52)
Law In Force
116
In section 183 of the Road Traffic Act 1988 (application to the Crown), in subsection (6) for the
words from “subject to” to “air force law” substitute “subject to service law (within the meaning
of the Armed Forces Act 2006)”.
Amendments Pending
Commencement
Extent
Law In Force
117
(1) Section 184 of that Act (application of sections 5 to 10 to persons subject to service discipline)
(a) in the words before paragraph (a) for “persons subject to service discipline” substitute
“persons subject to service law and civilians subject to service discipline”;
(b) in paragraph (a) for “the corresponding service offence” substitute “an offence under
section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under
the law of England and Wales is that offence”;
(c) in paragraph (b) for “naval, military or air force authority” substitute “officer”;
(d) in paragraph (e)–
(i) for “persons subject to service discipline” substitute “persons subject to service
law or civilians subject to service discipline”;
(ii) omit “and” at the end of the paragraph;
(e) in paragraph (f) for “the corresponding service offence” substitute “an offence under
section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under
the law of England and Wales is a traffic offence within the meaning of section 6”;
(f) after that paragraph add–
“(g) in section 6E as it applies by virtue of paragraph (c) above, subsection

(2) were omitted and the reference in subsection (1) to any place were to–
(i) service living accommodation (as defined by section 96 of the
Armed Forces Act 2006), or
(ii) premises occupied as a residence (alone or with other persons)
by the person on whom the requirement is to be imposed or the person
to be arrested.”
(3) In subsection (2), for the words from “a person” to “without warrant” substitute “without warrant
a person who is subject to service law or is a civilian subject to service discipline”.

“civilian subject to service discipline”has the same meaning as in the Armed Forces
Act 2006;
“corresponding offence under the law of England and Wales”, in relation to an
offence under section 42 of that Act, has the meaning given by that section;
“member of the provost staff” means–
(a) anyone who is, or by reason of section 375(5) of that Act is to be treated
as, a service policeman for the purposes of that Act; or
(b) a person lawfully exercising authority on behalf of a provost officer
(within the meaning of that Act);
“subject to service law”has the same meaning as in that Act.”
Amendments Pending
Commencement
Extent
Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
Law In Force
118
In Article 66 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (codes of practice
— supplementary), for paragraph 11 substitute–
“(11) In paragraph (10)“criminal proceedings”includes service proceedings.

(11A) In this Article “service proceedings” means proceedings before a court (other than
Amendments Pending
Commencement
Extent
Law In Force
119
In Article 70 of that Order (interpretation of Part IX (evidence in criminal proceedings — general))–
(a) in paragraph (1), in the definition of “Service court” for “a courtmartial or a Standing
Civilian Court” substitute “the Court Martial or the Service Civilian Court”;
(b) omit paragraph (2).
Amendments Pending
Commencement
Extent
Law In Force
120
In Article 73(3) of that Order (supplementary provision about conviction as evidence of commission
of offence), before sub-paragraph (b) insert–
Amendments Pending
Commencement
Extent
Courts and Legal Services Act 1990 (c. 41)
N Not Yet In Force

121
In section 119(1) of the Courts and Legal Services Act 1990 (interpretation), in the definition of
“court”–
(a) in paragraph (a), at the end insert “and”;
Amendments Pending
Commencement
Sch. 16 para. 121(a)-(b): Date to be appointed (not yet in force)
Extent
Armed Forces Act 1991 (c. 62)

Law In Force
122
In section 24 of the Armed Forces Act 1991 (extent etc) for subsections (4) and (5) substitute–
“(4) Section 384 of the Armed Forces Act 2006 applies in relation to Part 3 of this Act as
it applies in relation to that Act.”
Amendments Pending
Commencement
Extent
Local Government Finance Act 1992 (c. 14)
Law In Force
123
(1) Schedule 1 to the Local Government Finance Act 1992 (persons disregarded for purposes of
discount) is amended as follows.
(a) in sub-paragraph (1)(a) for “of a court” substitute “or award”;
(b) for sub-paragraph (2) substitute–
“(2) This sub-paragraph applies to–

(a) an order of a court in the United Kingdom;
(b) an order or award (whether or not of a court) made (anywhere) in
proceedings in respect of a service offence within the meaning of the Armed
Forces Act 2006.”;
(c) in sub-paragraph (3), omit “or” at the end of paragraph (a) and after that paragraph
insert–
“(aa) is temporarily released under rules under section 300 of the Armed
Forces Act 2006; or”;
(d) in sub-paragraph (6)(a) for the words from “imprisoned” to the end substitute “in service
custody; and”.
(3) In paragraph 6(2)(b) for the words from “subject to” to the end substitute “subject to service
law within the meaning of the Armed Forces Act 2006.”
Amendments Pending
Commencement
Extent
Sexual Offences (Amendment) Act 1992 (c. 34)
Law In Force
124
In section 2 of the Sexual Offences (Amendment) Act 1992 (offences to which the Act applies),
for subsection (4) substitute–
“(4) This Act applies to an offence under section 42 of the Armed Forces Act 2006 if the
corresponding offence under the law of England and Wales (within the meaning given by
that section) is an offence within a paragraph of subsection (1) above.”
Amendments Pending
Commencement
Extent
Law In Force
125
In section 3 of that Act (power to displace restrictions in section 1), after subsection (6A) insert–
“(6B) Where a person is charged with an offence to which this Act applies by virtue of
section 2(4), this section applies as if–
(a) in subsections (1) and (2) for any reference to the judge there were substituted
a reference to the court; and
(b) subsections (6) and (6A) were omitted.”
Amendments Pending
Commencement
Extent
Law In Force
126
In section 4 of that Act (special rules for cases of incest or buggery), omit subsection (9).
Amendments Pending
Commencement
Extent
Law In Force
127
(1) Section 6 of that Act (interpretation etc) is amended as follows.
(2) In subsection (1) omit the definitions of “corresponding civil offence” and “service offence”.
“(1A) Section 48 of the Armed Forces Act 2006 (attempts, conspiracy, incitement and
aiding and abetting outside England and Wales) applies for the purposes of this Act as if
the reference in subsection (3)(b) of that section to any of the following provisions of that
Act were a reference to any provision of this Act.”
(4) In subsection (3) for “a service offence” substitute “an offence under section 42 of the Armed
Forces Act 2006”.
(5) In subsection (3A) for the words from “a service offence” to “as charged with the offence”
substitute “an offence under section 42 of the Armed Forces Act 2006 if he is charged (under Part
5 of that Act) with the offence”.
Amendments Pending
Commencement
Extent
Law In Force
128
Omit section 7 of that Act (courts-martial).
Amendments Pending
Commencement
Extent
Law In Force
129
In section 8 of that Act (short title, commencement and extent, etc) omit subsection (7).
Amendments Pending
Commencement
Extent
Criminal Justice and Public Order Act 1994 (c. 33)
Law In Force
130
In section 39 of the Criminal Justice and Public Order Act 1994 (power to apply sections 34 to 38
to armed forces), for subsection (2) substitute–
“(2) This section applies to any proceedings before an officer or court in respect of a service
offence (other than proceedings before a civilian court); and “service offence” and “civilian
court” here have the same meanings as in the Armed Forces Act 2006.”
Amendments Pending
Commencement
Extent
Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)
Law In Force
131
In Schedule 3 to the Goods Vehicles (Licensing of Operators) Act 1995, in paragraph 5 for
sub-paragraph (1) substitute–
“(1) In paragraph 1(3)(a) the reference to an offence mentioned in paragraph 5 of Schedule

2 includes an offence under section 42 of the Armed Forces Act 2006 as respects which the
that section) is an offence mentioned in that paragraph.
(1A) In paragraphs 3 and 4, references to an offence under the law of any part of the United
Kingdom include an offence under section 42 of that Act.
(1B) In paragraph 3(2)(c) the reference to a community order includes a service community
order or overseas community order under that Act.”
Amendments Pending
Commencement
Extent
Pensions Act 1995 (c. 26)

Law In Force
132
In section 166(5)(a) of the Pensions Act 1995 (pensions on divorce etc), for the words from “section
203(1) and (2) of the Army Act 1955” to “1957” substitute “section 356 of the Armed Forces Act
2006”.
Amendments Pending
Commencement
Extent
Criminal Procedure (Scotland) Act 1995 (c. 46)
Law In Force
133
In section 307 of the Criminal Procedure (Scotland) Act 1995 (interpretation)–
(i) for “court-martial”, both times it occurs, substitute “service court”;
(ii) for the words “under the” to the end substitute “for an offence under section 42
of the Armed Forces Act 2006.”;
“(2A) In subsection (2), “service court” means–

(d) the Supreme Court on an appeal brought from the Court Martial Appeal
Court.”
Amendments Pending
Commencement
Extent
Disability Discrimination Act 1995 (c. 50)
Law In Force
134
In section 68 of the Disability Discrimination Act 1995 (interpretation)–
(a) in subsection (1) for the definition of “criminal proceedings” substitute–
““criminal proceedings”includes service law proceedings (as defined by

section 324(5) of the Armed Forces Act 2006);”;
(b) in subsection (1C), in the definition of “offence” for the words from “any offence” to
“1957” substitute “any service offence within the meaning of the Armed Forces Act 2006”.
Amendments Pending
Commencement
Extent
Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))

Law In Force
135
In Article 162(5)(a) of the Pensions (Northern Ireland) Order 1995 (pensions on divorce etc), for
the words from “section 203(1) and (2) of the Army Act 1955” to “1957” substitute “section 356
of the Armed Forces Act 2006”.
Amendments Pending
Commencement
Extent
Employment Rights Act 1996 (c. 18)
Law In Force
136
In section 192 of the Employment Rights Act 1996 (armed forces)–
(i) in paragraph (a) for the words from “a complaint” to “those procedures” substitute
“a service complaint”;
(ii) in paragraph (b) for “complaint” substitute “service complaint”;
(b) in subsection (5)(b) for “the service procedures for the redress of complaints” substitute
“the service complaint procedures”;
(c) for subsection (6) substitute–
“(6A) In subsections (4) and (5)–

“service complaint” means a complaint under section 334 of the Armed
Forces Act 2006;
“the service complaint procedures” means the procedures prescribed by
regulations under that section.”
Amendments Pending
Commencement
Sch. 16 para. 136(a)-(c): January 1, 2008 (SI 2007/2913 art. 3)
Extent
Sch. 16 para. 136(a)-(c): United Kingdom (extends to the Isle of Man and the British overseas territories and may
Criminal Procedure and Investigations Act 1996 (c. 25)
Law In Force
137
For section 78 of the Criminal Procedure and Investigations Act 1996 substitute–
“78 Application to armed forces

(1) Subject to subsection (2), nothing in this Act applies in relation to–
(a) proceedings before a court (other than a civilian court) in respect of a service
offence; or
(b) any investigation conducted with a view to its being ascertained whether a
person should be charged with a service offence or whether a person charged with
such an offence is guilty of it.
(a) make as regards any proceedings mentioned in subsection (1)(a) provision
equivalent to the provisions contained in or made under Part 1, subject to such
modifications as he considers appropriate;
(b) make as regards any investigation mentioned in subsection (1)(b) provision
equivalent to the provisions contained in or made under Part 2, subject to such
modifications as he considers appropriate.
(3) An order under this section may make provision in such way as the Secretary of State
considers appropriate, and may in particular apply any of the provisions concerned, with
or without modifications.
(a) “civilian court” and “service offence”have the same meanings as in the Armed
Forces Act 2006;
(b) references to charges are to charges brought under Part 5 of that Act.”
Amendments Pending
Commencement
Extent
Law In Force
138
In section 6 of the Armed Forces Act 1996 (abrogation of common law corroboration rules), in
subsection (3) for the words from “for any offence” to the end substitute
“before–
(e) the Supreme Court on an appeal brought from the Court Martial Appeal Court.”
Amendments Pending
Commencement
Extent
Housing Act 1996 (c. 52)
R Repealed
139 […]1
Notes
1
Repealed, never in force, by Housing and Regeneration Act 2008 c. 17 Sch.16 para.1 (December 1, 2008 as SI
2008/3068)
Social Security (Recovery of Benefits) Act 1997 (c. 27)
Law In Force
140
In Part 1 of Schedule 1 to the Social Security (Recovery of Benefits) Act 1997 (compensation
payments), in paragraph 2 after “2000” insert “or section 175 of the Armed Forces Act 2006”.
Amendments Pending
Commencement
Extent
Crime (Sentences) Act 1997 (c. 43)
Law In Force
141
In section 31A(5) of the Crime (Sentences) Act 1997 (termination of licences of persons serving
preventive sentences), in the definition of “preventive sentence”, at the end insert “(including such
a sentence of imprisonment or detention passed as a result of section 219 or 221 of the Armed
Forces Act 2006)”.
Amendments Pending
Commencement
Extent
Law In Force
142
(1) Section 34 of that Act (meaning of “life sentence” for purposes of Chapter 2 of Part 2) is amended
as follows.
(a) in paragraph (d) at the end insert “(including one passed as a result of section 219 of
the Armed Forces Act 2006)”;
(b) in paragraph (e) at the end insert “(including one passed as a result of section 221 of
the Armed Forces Act 2006)”;
(c) after that paragraph add–
“(f) a sentence of detention for life under section 209 of the Armed Forces
Act 2006;
(g) a sentence under section 218 of that Act (detention at Her Majesty's
pleasure).”
Amendments Pending
Commencement
Extent
Law In Force
143
In section 47(4) of that Act (application of section 47), at the end of paragraph (b) insert “or” and
for paragraphs (c) and (d) substitute–
“(c) Schedule 4 to the Armed Forces Act 2006 (including as applied by section
16(2) of the Court Martial Appeals Act 1968).”
Amendments Pending
Commencement
Extent
Law In Force
144
In section 57 of that Act (extent etc), for subsection (8) substitute–
“(8) Nothing in subsection (4) above affects the extent of section 47 of this Act so far as it
confers a power on the Court Martial or the Court Martial Appeal Court.”
Amendments Pending
Commencement
Extent
Law In Force
145
In Schedule 1 to that Act (transfer of prisoners within the British Islands), in paragraph 20(1)
(interpretation)–
(a) before the definition of “prison” insert–
“detention and training order”includes an order under section 211 of the

Armed Forces Act 2006;”;
(b) in the definition of “sentence of imprisonment”, after “detention” insert “(except a
sentence of service detention within the meaning of the Armed Forces Act 2006)”.
Amendments Pending
Commencement
Extent
Police Act 1997 (c. 50)
Law In Force
146
(1) Section 93 of the Police Act 1997 (authorisations to interfere with property etc) is amended as
follows.
(2) In subsection (3)(aa) for “Royal Navy Regulating Branch” substitute “Royal Navy Police”.
(3) In subsection (5)(eb) for “Royal Navy Regulating Branch” substitute “Royal Navy Police”.
(4) In subsection (6A)(a) for “subject to service discipline” substitute “who is subject to service
law or is a civilian subject to service discipline”.
(5) For subsection (6B) substitute–
“(6B) In subsection (6A)“subject to service law” and “civilian subject to service

discipline”have the same meanings as in the Armed Forces Act 2006.”
Amendments Pending
Commencement
Sch. 16 para. 146(1): June 4, 2007 for the purpose specified in SI 2007/1442 art.2(1); October 31, 2009 otherwise
(SI 2007/1442 art. 2(1); SI 2009/1167 art. 4)
Sch. 16 para. 146(2)-(3): June 4, 2007 (SI 2007/1442 art. 2(1))
Extent
Law In Force
147
In section 94(2)(db) of that Act (authorisations given in absence of authorising officer), for “Royal
Navy Regulating Branch” substitute “Royal Navy Police”.
Amendments Pending
Commencement
Sch. 16 para. 147: June 4, 2007 (SI 2007/1442 art. 2(1))
Extent
Law In Force
148
In section 108(1) of that Act (interpretation of Part 3), in the definition of “criminal proceedings”,
for paragraphs (a) to (c) substitute “proceedings (whether or not before a court) in respect of a
service offence within the meaning of the Armed Forces Act 2006;”.
Amendments Pending
Commencement
Extent
Law In Force
149
In section 113B(10) of that Act (enhanced criminal record certificates: meaning of “police force”),
for paragraphs (a) and (b) substitute–
“(a) the Royal Navy Police;”.
Amendments Pending
Commencement
Extent
Sch. 16 para. 149: United Kingdom (extended to Jersey by SI 2010/765 art.5)
Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6))
Law In Force
150
(1) Article 71 of the Race Relations (Northern Ireland) Order 1997 (application to Crown etc) is
amended as follows.
(a) in sub-paragraph (a) for the words from “a complaint” to “those procedures” substitute
“a service complaint in respect of the act complained of”;
(b) in sub-paragraph (b) for “complaint” substitute “service complaint”.
(3) In paragraph (10) for “the service redress procedures” substitute “the service complaint
procedures”.
(4) In paragraph (12), for the definition of “the service redress procedures” substitute–
Act 2006;
Amendments Pending
Commencement
Extent
Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (S.I. 1997/1183 (N.I. 12))
Law In Force
151
In Part 1 of Schedule 1 to the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997
(compensation payments), in paragraph 2 after “1994” insert “or section 175 of the Armed Forces
Act 2006”.
Amendments Pending
Commencement
Extent
Landmines Act 1998 (c. 33)
Law In Force
152
In section 5(7) of the Landmines Act 1998 (international military operations), in the definition of
“Her Majesty's armed forces” for “Army Act 1955” substitute “Armed Forces Act 2006”.
Amendments Pending
Commencement
Extent
Crime and Disorder Act 1998 (c. 37)
Law In Force
153
In section 38(4)(h) of the Crime and Disorder Act 1998 (youth justice services), after “detention
and training order” insert “(including an order under section 211 of the Armed Forces Act 2006)”.
Amendments Pending
Commencement
Extent
Law In Force
154
In section 41(5) of that Act (functions of Youth Justice Board)–
(a) in paragraph (i), for sub-paragraphs (i) and (ii) substitute–
“(i) secure accommodation, within the meaning given by section 107 of the
Powers of Criminal Courts (Sentencing) Act 2000, for the purpose of
detaining persons subject to orders under section 100, 104(3)(a) or 105(2)
of that Act or section 211 or 214 of the Armed Forces Act 2006;
(ii) accommodation which is or may be used for the purpose of detaining
persons sentenced under section 90 or 91 of the Powers of Criminal Courts
(Sentencing) Act 2000 or section 209 or 218 of the Armed Forces Act 2006;”;
(b) in paragraph (j), for sub-paragraphs (i) and (ii) substitute–
“(i) secure accommodation, within the meaning given by section 107 of the
Powers of Criminal Courts (Sentencing) Act 2000, to be used for detaining
a person in accordance with a determination under section 102(1), 104(3)(a)
or 105(2) of that Act or section 214(3) of the Armed Forces Act 2006; or
(ii) accommodation to be used for detaining a person in accordance with a
direction by the Secretary of State under section 92 of the Powers of Criminal
Courts (Sentencing) Act 2000 or a determination by the Secretary of State
under section 210 or 218(3) of the Armed Forces Act 2006;”.
Amendments Pending
Commencement
Extent
Law In Force
155
In Schedule 3 to that Act (procedure where persons sent for trial under section 51), in paragraph
9(5) (definition of “previous conviction”) for paragraph (b) substitute–
Amendments Pending
Commencement
Extent
Human Rights Act 1998 (c. 42)
Law In Force
156
In section 4(5)(c) of the Human Rights Act 1998 (declaration of incompatibility), for “Courts-Martial
Appeal Court” substitute “Court Martial Appeal Court”.
Amendments Pending
Commencement
Extent
Law In Force
157
In section 5(5) of that Act (right of Crown to intervene), for “Courts-Martial Appeal Court” substitute
“Court Martial Appeal Court”.
Amendments Pending
Commencement
Extent
Youth Justice and Criminal Evidence Act 1999 (c. 23)
Law In Force
158
In section 44(13)(c) of the Youth Justice and Criminal Evidence Act 1999 (reporting restrictions
on alleged offences involving persons under 18: meaning of “person subject to service law”), for
sub-paragraphs (i) and (ii) substitute–
“(i) a person subject to service law within the meaning of the Armed Forces Act
2006; or
(ii) a civilian subject to service discipline within the meaning of that Act.”
Amendments Pending
Commencement
Extent
Law In Force
159
In section 63(1) of that Act (interpretation of Part 2), in the definition of “service court”, for
paragraphs (a) to (c) substitute–
“(a) the Court Martial;

(b) the Service Civilian Court; or
(c) the Court Martial Appeal Court.”
Amendments Pending
Commencement
Extent
Law In Force
160
In section 68 of that Act (extent etc), omit subsection (10).
Amendments Pending
Commencement
Extent
Law In Force
161
In Schedule 7 to that Act (transitional provision), in paragraph 6(6)–
(a) in paragraph (a) for the words from “the prosecuting authority” to the end substitute
“the charge is brought under section 122 of the Armed Forces Act 2006;”.
(b) for paragraph (b) substitute–
“(b) proceedings on appeal are to be taken to be instituted–

(i) in the case of an appeal under the Court Martial Appeals Act
1968, when the application for leave to appeal is lodged in accordance
with section 9 of that Act;
(ii) in the case of an appeal under section 285 of the Armed Forces
Act 2006 (except one for which leave is required), when the notice
of appeal is given;
(iii) in the case of an appeal under that section for which leave is
required, when the application for leave to appeal is lodged;
(iv) in the case of a reference under section 34 of the Court Martial
Appeals Act 1968 or section 12A or 12B of the Criminal Appeal Act
1995, when the reference is made.”
Amendments Pending
Commencement
Extent
Welfare Reform and Pensions Act 1999 (c. 30)
Law In Force
162
In section 44(1)(a) of the Welfare Reform and Pensions Act 1999 (disapplication of restrictions on
alienation), for the words from “section 203(1) and (2) of the Army Act 1955” to “1957” substitute
“section 356 of the Armed Forces Act 2006”.
Amendments Pending
Commencement
Extent
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
Law In Force
163
(1) Section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 (determination of tariffs
for discretionary life sentences) is amended as follows.
(2) In subsection (3)(b) for the words from “below” to “custody)” substitute “(crediting periods of
remand in custody) or under section 246 of the Armed Forces Act 2006 (equivalent provision for
service courts)”.
(3) In each of subsections (7) and (8) for “a court-martial” substitute “the Court Martial”.
Amendments Pending
Commencement
Extent
Law In Force
164
In section 99 of that Act (conversion of sentence of detention to sentence of imprisonment)–
(a) in subsection (5) after paragraph (a) insert–
“(aa) a sentence of detention under section 209 or 218 of the Armed Forces
Act 2006,”;
(b) after that subsection add–
“(6) References in this section to a sentence under section 226 or 228 of the Criminal
Justice Act 2003 include such a sentence passed as a result of section 221 or 222 of
Amendments Pending
Commencement
Extent
Law In Force
165
(1) Section 106A of that Act (which relates to the interaction of detention and training orders with
sentences of detention, and is modified by section 213 of this Act) is amended as follows.
(2) In subsection (1) (definitions)–
(a) in paragraph (a) of the definition of “sentence of detention”, after “above” insert “or
section 209 of the Armed Forces Act 2006”;
(b) after that definition insert “and references in this section to a sentence of detention
under section 228 of the 2003 Act include such a sentence passed as a result of section 222
of the Armed Forces Act 2006.”
(3) In subsection (8) (provisions for the purposes of which a person subject to a sentence of detention
and a detention and training order is to be treated as subject only to the sentence of detention)–
(a) in paragraph (b), for “and section 235” to the end substitute “, section 235 of the 2003
Act and section 210 of the Armed Forces Act 2006 (place of detention etc),”;
(b) at the end of paragraph (c) add
“, and
(d) section 214 of the Armed Forces Act 2006 (offences committed during
a detention and training order under that Act).”
Amendments Pending
Commencement
Extent
Law In Force
166
For section 114 of that Act substitute–
“114 Offences under service law

(1) Where–
(a) a person has at any time been convicted of an offence under section 42 of the
Armed Forces Act 2006, and
(b) the corresponding offence under the law of England and Wales (within the
meaning given by that section) was a class A drug trafficking offence or a domestic
burglary,
the relevant section of this Chapter shall have effect as if he had at that time been convicted
in England and Wales of that corresponding offence.
(2) Subsection (3) of section 113 applies for the purposes of this section as it applies for
the purposes of that section.
(3) Section 48 of the Armed Forces Act 2006 (attempts, conspiracy, incitement and aiding
and abetting outside England and Wales) applies for the purposes of this section as if the
reference in subsection (3)(b) of that section to any of the following provisions of that Act
were a reference to this section.”
Amendments Pending
Commencement
Extent
Law In Force
167
(1) Section 134 of that Act (effect of compensation order on subsequent award of damages in civil
proceedings) is amended as follows.
(2) In subsections (1) and (2) omit “or award”.
“(3) In this section “service compensation order” means a service compensation order under
Amendments Pending
Commencement
Extent
Law In Force
168
In section 163 of that Act (general definitions), in the definition of “court”, for “a court-martial”
substitute “the Court Martial”.
Amendments Pending
Commencement
Extent
Regulation of Investigatory Powers Act 2000 (c. 23)
Law In Force
169
In section 18(11) of the Regulation of Investigatory Powers Act 2000 (exceptions to section 17:
meaning of “relevant judge”), for paragraph (c) substitute–
“(c) in relation to proceedings before the Court Martial, the judge advocate for those
proceedings; or”.
Amendments Pending
Commencement
Extent
Law In Force
170
In section 32(6)(g) of that Act (senior authorising officers for intrusive surveillance), for “Royal
Navy Regulating Branch” substitute “Royal Navy Police”.
Amendments Pending
Commencement
Extent
Law In Force
171
(1) Section 33 of that Act (rules for grant of authorisations of surveillance etc) is amended as
follows.
(2) In subsection (6)(d)–
(a) for “Royal Navy Regulating Branch,” substitute “Royal Navy Police”;
(b) for “person subject to service discipline” substitute “person subject to service law or a
civilian subject to service discipline”.
“(7) In subsection (6)“subject to service law” and “civilian subject to service discipline”have
the same meanings as in the Armed Forces Act 2006.”
Amendments Pending
Commencement
(SI 2007/1442 art. 2(1); SI 2009/1167 art. 4)
Sch. 16 para. 171(2)-(2)(a): June 4, 2007
Sch. 16 para. 171(2)(b)-(3): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Law In Force
172
In section 34(4)(g) of that Act (persons entitled to grant authorisation in the senior officer's absence)–
(a) for “Royal Navy Regulating Branch” substitute “Royal Navy Police”;
(b) for “that Branch” substitute “that force”.
Amendments Pending
Commencement
Sch. 16 para. 172(a)-(b): June 4, 2007 (SI 2007/1442 art. 2(1))
Extent
Law In Force
173
In section 41(7) of that Act (Secretary of State authorisations), for “Royal Navy Regulating Branch”
substitute “Royal Navy Police”.
Amendments Pending
Commencement
Extent
Law In Force
174
In section 56(1) of that Act (interpretation of Part 3 (investigation of certain electronic data)), in
the definition of “chief officer of police”, in paragraph (f) for “Royal Navy Regulating Branch”
Amendments Pending
Commencement
Extent
Law In Force
175
(1) Section 81 of that Act (general interpretation) is amended as follows.
(a) in the definition of “Her Majesty's forces”, for “Army Act 1955” substitute “Armed
Forces Act 2006”;
(b) in the definition of “legal proceedings” after “tribunal” insert “or proceedings before
an officer in respect of a service offence within the meaning of the Armed Forces Act 2006”;
(c) in the definition of “police force”, in paragraph (g) for “Royal Navy Regulating Branch”
(3) In subsection (4), for paragraphs (a) to (c) substitute “proceedings before a court in respect of
a service offence within the meaning of the Armed Forces Act 2006,”.
(4) In subsection (6)(b)–
(a) for “Royal Navy Regulating Branch” substitute “Royal Navy Police”;
(b) for the words from “that Branch” to the end substitute “that force who is not for the
time being attached to or serving either with that force or with another of those police
forces”.
Amendments Pending
Commencement
(SI 2007/1442 art. 2(1); SI 2009/1167 art. 4)
Sch. 16 para. 175(2), (2)(c), (4)-(4)(b): June 4, 2007
Sch. 16 para. 175(2)(a)-(2)(b), (3): October 31, 2009 (SI 2009/1167 art. 4)
Extent
Freedom of Information Act 2000 (c. 36)
Law In Force
176
In section 30 of the Freedom of Information Act 2000 (investigations and proceedings conducted
by public authorities), for subsection (5) substitute–

“criminal proceedings”includes service law proceedings (as defined by section
324(5) of the Armed Forces Act 2006);
“offence”includes a service offence (as defined by section 50 of that Act).”
Amendments Pending
Commencement
Extent
Criminal Justice and Court Services Act 2000 (c. 43)
Law In Force
177
In section 1 of the Criminal Justice and Court Services Act 2000 (purposes of Chapter 1 of Part 1
(national probation service)), in subsection (2)(a) after “2003)” insert “and service community
orders and overseas community orders under the Armed Forces Act 2006”.
Amendments Pending
Commencement
Extent
R Repealed
178 […]1
Notes
1
Law In Force
179
(1) Section 27 of that Act (armed forces offences equivalent to “an offence against a child”) is
amended as follows.
(2) In subsection (2) for “an armed forces offence” substitute “an offence under section 42 of the
Armed Forces Act 2006”.
(3) For subsections (3) to (5) substitute–
“(3) Section 48 of the Armed Forces Act 2006 (attempts, conspiracy, incitement and aiding
and abetting outside England and Wales) applies for the purposes of subsection (2) of this
section as if the reference in subsection (3)(b) of that section to any of the following
provisions of that Act were a reference to subsection (2) of this section.”
Amendments Pending
Commencement
Extent
Law In Force
180
(1) Section 30 of that Act (disqualification from working with children: supplemental) is amended
as follows.
(a) in the definition of “guardianship order”, omit the words from “the Army” to “1957
or”;
(b) in the definition of “qualifying sentence”–
(i) in paragraph (d) after “2000” insert “or section 209 of the Armed Forces Act
2006”;
(ii) in paragraph (e) after “or more” insert “under section 100 of the Powers of
Criminal Courts (Sentencing) Act 2000 or section 211 of the Armed Forces Act
2006”;
(iii) omit paragraph (f);
(c) in the definition of “relevant order”, for “a court-martial or the Courts-Martial Appeal
Court” substitute “the Court Martial or the Court Martial Appeal Court”;
(d) in the definition of “superior court”, for “a court-martial or the Courts-Martial Appeal
Court” substitute “the Court Martial or the Court Martial Appeal Court”.
(4) In subsection (3), omit “, or to a sentence of detention imposed by a courtmartial or the
Courts-Martial Appeal Court,”.
Amendments Pending
Commencement
Extent
Law In Force
181
In section 31(2) of that Act (appeals) for “a court-martial”, in both places, substitute “the Court
Martial”.
Amendments Pending
Commencement
Extent
Law In Force
182
In section 33 of that Act (provisions relating to application for review of disqualification)–
(a) in subsection (7), in the definition of “order for admission to hospital”, omit paragraph
(a);
(b) in subsection (8)(a), for “(f)” substitute “(e)”.
Amendments Pending
Commencement
Extent
Law In Force
183
In section 42 of that Act (interpretation of Part 2 (protection of children)) omit–
(a) in subsection (1), the definition of “armed forces offence”;

(b) subsection (2).
Amendments Pending
Commencement
Extent
Law In Force
184
In section 62(5) of that Act (meaning of “sentence of imprisonment” for purposes of section 62)–
(a) in paragraph (f) at the end insert “(including one passed as a result of section 221 or
222 of the Armed Forces Act 2006)”;
(b) after that paragraph insert–
“(g) a sentence of detention under section 209 or 218 of the Armed Forces
Act 2006, and
(h) an order under section 211 of that Act,”.
Amendments Pending
Commencement
Extent
Law In Force
185
In section 64(5) of that Act (meaning of “sentence of imprisonment” for purposes of section 64)–
(a) in paragraph (f) at the end insert “(including one passed as a result of section 221 or
222 of the Armed Forces Act 2006)”;
(b) after that paragraph insert–
“(g) a sentence of detention under section 209 or 218 of the Armed Forces
Act 2006, and
(h) an order under section 211 of that Act,”.
Amendments Pending
Commencement
Extent
Law In Force
186
In section 81(2) of that Act (extent)–
(a) in paragraph (a) for “courts-martial or the Courts-Martial Appeal Court” substitute “the
Court Martial or the Court Martial Appeal Court”;
(b) omit paragraph (h).
Amendments Pending
Commencement
Extent
Criminal Justice and Police Act 2001 (c. 16)

Law In Force
187
In section 88(8) of the Criminal Justice and Police Act 2001 (functions of Central Police Training
and Development Authority)–
(a) in paragraph (g) for “Royal Navy Regulating Branch” substitute “Royal Navy Police”;
(b) omit paragraph (j).
Amendments Pending
Commencement
Sch. 16 para. 187(a): June 4, 2007 (SI 2007/1442 art. 2(1))
Sch. 16 para. 187(b): January 1, 2008 (SI 2007/2913 art. 3)
Extent
International Criminal Court Act 2001 (c. 17)
Law In Force
188
In section 32(6) of the International Criminal Court Act 2001 (meaning of “prisoner” in that section)
for “detention” substitute “service detention (within the meaning of the Armed Forces Act 2006)”.
Amendments Pending
Commencement
Extent
Law In Force
189
In section 67(3) of that Act (definition of person subject to UK service jurisdiction), for paragraphs
(a) to (c) substitute “a person subject to service law, or a civilian subject to service discipline, within
the meaning of the Armed Forces Act 2006.”
Amendments Pending
Commencement
Extent
Law In Force
190
In section 75 of that Act (meaning of “national court” and “service court” in that Act) for the
definition of “service court” substitute–
““service court” means–

(d) the Supreme Court on an appeal brought from the Court Martial Appeal
Court.”
Amendments Pending
Commencement
Extent
Law In Force
191
In Part 1 of Schedule 2 to that Act (delivery up of persons subject to criminal proceedings etc), in
paragraph 5(5)(b) (meaning of “prisoner” in paragraph 5) for “detention” substitute “service detention
(within the meaning of the Armed Forces Act 2006)”.
Amendments Pending
Commencement
Extent
Law In Force
192
(1) Section 26 of the Armed Forces Act 2001 (power to make provision for orders as to costs) is
amended as follows.
(2) In subsection (1) for the words from “courts-martial” to “services Acts” substitute “any of the
Court Martial, the Summary Appeal Court, the Service Civilian Court and the Court Martial Appeal
Court, in any case where the court is satisfied that one party to proceedings before that court”.
(3) In subsection (2)(d) for “a Standing Civilian Court” substitute “the Service Civilian Court”.
(a) in paragraph (a) for the words from “a court-martial” to the end substitute “the Court
Martial under the regulations may appeal to the Court Martial Appeal Court;”;
(b) in paragraph (b) for “a summary appeal court or a Standing Civilian Court” substitute
“the Summary Appeal Court or the Service Civilian Court”.
Amendments Pending
Commencement
Extent
Law In Force
193
(1) Section 27 of that Act (costs against legal representatives) is amended as follows.
(2) In subsection (1) for the words from the beginning to “may disallow” substitute
“In any proceedings before–

(a) the Court Martial,
(b) the Summary Appeal Court,
(c) the Service Civilian Court, or
(d) the Court Martial Appeal Court,
the court may disallow”.
Martial under subsection (1) may appeal to the Court Martial Appeal Court;”;
(b) in paragraph (b) for “a summary appeal court or a Standing Civilian Court” substitute
“the Summary Appeal Court or the Service Civilian Court”.
(4) In subsection (3), in the definition of “legal or other representative” for paragraph (b) substitute–
“(b) a person appointed under section 365 of the Armed Forces Act 2006
(prosecuting officers);”.
Amendments Pending
Commencement
Extent
Law In Force
194
(1) Section 28 of that Act (provisions supplementary to sections 26 and 27) is amended as follows.
(a) for “prosecuting authority of its” substitute “Director of Service Prosecutions (“the
Director”) of his”;
(b) for “under the services Acts” substitute “before a court mentioned in section 27(1)”;
(c) for “prosecuting authority” in the second place where it occurs substitute “Director”.
(3) In subsection (2) for “prosecuting authority” in both places substitute “Director”.
(4) Omit subsections (3) to (5).
Amendments Pending
Commencement
Extent
Law In Force
195
(1) Section 30 of that Act (conditional release from custody) is amended as follows.
(2) In subsection (1) for “a court-martial, a summary appeal court or a Standing Civilian Court”
substitute “the Court Martial, the Summary Appeal Court or the Service Civilian Court”.
Martial, the determination of an appeal to the Court Martial Appeal Court,”;
(b) in paragraph (b) for the words from “a summary appeal court” to “1957 Act” substitute
“the Summary Appeal Court, the determination of an appeal to the High Court under section
149(2) of the Armed Forces Act 2006”;
(c) in paragraph (c) for the words from “a Standing Civilian Court” to the end substitute
“the Service Civilian Court, the determination of an appeal to the Court Martial or of an
appeal from the Court Martial to the Court Martial Appeal Court.”
(a) for paragraph (d) substitute–
“(d) create service offences punishable by any of the punishments mentioned

in the Table in section 164 of the Armed Forces Act 2006,”;
(b) in paragraph (e) for the words from “1955 Acts” to “Armed Forces Act 1976 (c. 52)”
substitute “Court Martial Appeals Act 1968 or the Armed Forces Act 2006”.
“(5A) Where an order under this section creates an offence punishable with imprisonment,
the maximum term it may authorise is two years.”
Amendments Pending
Commencement
Extent
Anti-terrorism, Crime and Security Act 2001 (c. 24)
Law In Force
196
In Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (forfeiture of terrorist cash), in
paragraph 16(3)(a) (case where compensation order made), after “2000 (c. 6),” insert “or in pursuance
of a service compensation order under the Armed Forces Act 2006,”.
Amendments Pending
Commencement
Extent
Proceeds of Crime Act 2002 (c. 29)
Law In Force
197
In section 308(4)(a) of the Proceeds of Crime Act 2002 (general exceptions), after “2000 (c. 6)”
insert “or in pursuance of a service compensation order under the Armed Forces Act 2006”.
Amendments Pending
Commencement
Extent
Railways and Transport Safety Act 2003 (c. 20)

Law In Force
198
In section 90(1) of the Railways and Transport Safety Act 2003 (Crown application etc), for the
words from “Her Majesty's” to “Army Act 1955 (c. 18),” substitute “any of Her Majesty's forces
(within the meaning of the Armed Forces Act 2006)”.
Amendments Pending
Commencement
Extent
Law In Force
199
In section 101(1) of that Act (military application), for the words from “Her Majesty's” to “Army
Act 1955 (c. 18)” substitute “any of Her Majesty's forces (within the meaning of the Armed Forces
Act 2006)”.
Amendments Pending
Commencement
Extent
Extradition Act 2003 (c. 41)

Law In Force
200
In section 3 of the Extradition Act 2003 (arrest under certified Part 1 warrant)–
(a) for subsections (3) and (4) substitute–
“(3) The warrant may be executed by a service policeman anywhere, but only if the
person is subject to service law or is a civilian subject to service discipline.”;
Amendments Pending
Commencement
Extent
Law In Force
201
In section 5 of that Act (provisional arrest), for subsections (3) to (5) substitute–
“(3) A service policeman may arrest a person under subsection (1) only if the person is
subject to service law or is a civilian subject to service discipline.
(4) If a service policeman has power to arrest a person under subsection (1) he may exercise
the power anywhere.”
Amendments Pending
Commencement
Extent
Law In Force
202
In section 71 of that Act (arrest warrant following extradition request)–
“(6) If a warrant issued under this section–

(a) is directed to a service policeman, and
(b) is in respect of a person subject to service law or a civilian subject to
service discipline,
it may be executed anywhere.”;
Amendments Pending
Commencement
Extent
Law In Force
203
In section 73 of that Act (provisional warrant)–
“(7) If a warrant issued under this section–

(a) is directed to a service policeman, and
(b) is in respect of a person subject to service law or a civilian subject to
service discipline,
it may be executed anywhere.”;
Amendments Pending
Commencement
Extent
Law In Force
204
In section 155 of that Act (service personnel) for the words from “military law” to the end substitute
“service law.”
Amendments Pending
Commencement
Extent
Law In Force
205
In section 216 of that Act (interpretative provisions)–
(a) after subsection (7) insert–
“(7A) “Civilian subject to service discipline”has the same meaning as in the Armed
Forces Act 2006.”
(b) for subsections (13) and (14) substitute–
“(13) “Service policeman” means anyone who is, or by reason of section 375(5) of
the Armed Forces Act 2006 is to be treated as, a service policeman for the purposes
of that Act.
(13A) “Subject to service law”has the same meaning as in that Act.”
Amendments Pending
Commencement
Extent
Sexual Offences Act 2003 (c. 42)
Law In Force
206
In section 81(3)(b) of the Sexual Offences Act 2003 (persons formerly subject to Part 1 of Sex
Offenders Act 1997), omit “or a term of service detention”.
Amendments Pending
Commencement
Extent
Law In Force
207
In section 116 of that Act (qualifying offenders for purposes of section 114)–
(a) in subsection (2)(c), after “93” insert “or 93A”;
(b) after subsection (2) insert–
“(2A) In subsection (2)(c) references to the corresponding civil offence are to be

read, in relation to an offence within paragraph 93A of Schedule 3, as references to
the corresponding offence under the law of England and Wales.”
Amendments Pending
Commencement
Extent
Law In Force
208
(1) Section 131 of that Act (young offenders: application) is amended as follows.
(2) In paragraph (a) after “detention and training order” insert “(including an order under section
211 of the Armed Forces Act 2006)”.
(3) In paragraph (h) after “2000 (c. 6),” insert “section 209 or 218 of the Armed Forces Act 2006,”.
(4) In paragraph (k) after “2003” insert “(including one passed as a result of section 221 of the
Armed Forces Act 2006)”.
(5) In paragraph (l) for “that Act” substitute “the Criminal Justice Act 2003 (including one passed
as a result of section 222 of the Armed Forces Act 2006)”.
Amendments Pending
Commencement
Extent
Law In Force
209
(1) Section 133 (Part 2: general interpretation) is amended as follows.
(a) for the definition of “order for conditional discharge” substitute–
““order for conditional discharge” means an order under any of the following
provisions discharging the offender conditionally–
(a) section 12 of the Powers of Criminal Courts (Sentencing) Act
2000;
(b) Article 4 of the Criminal Justice (Northern Ireland) Order 1996;
(c) section 185 of the Armed Forces Act 2006;
(d) paragraph 3 of Schedule 5A to the Army Act 1955 or Air Force
Act 1955 or Schedule 4A to the Naval Discipline Act 1957;”;
(b) in the definition of “the period of conditional discharge” for paragraphs (c) to (e)
substitute–
“(c) section 185(2) of the Armed Forces Act 2006;”;

(c) after the definition of “risk of sexual harm order” insert–
““service detention”has the meaning given by section 374 of the Armed

(d) omit the definition of “term of service detention”.
(3) In subsection (1A) after paragraph (b) insert–
“(ba) Schedule 4 to the Armed Forces Act 2006 (including as applied by section
16(2) of the Court Martial Appeals Act 1968),”.
Amendments Pending
Commencement
Extent
Law In Force
210
In section 134(1) of that Act (conditional discharges and probation orders), after paragraph (c)
insert–
“(ca) section 187(1) of the Armed Forces Act 2006 (conviction with absolute or
conditional discharge deemed not to be a conviction);”.
Amendments Pending
Commencement
Extent
Law In Force
211
(1) Section 137 of that Act (service courts) is amended as follows.
(2) In subsection (1)(d), for the words from “the offence under section 70” to the end substitute
“an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding
offence under the law of England and Wales (within the meaning given by that section) is that
offence.”
(3) In subsection (4) for “a court-martial or Standing Civilian Court” substitute “the Court Martial
or the Service Civilian Court”.
(4) After that subsection add–
“(5) In subsection (1)(a) the reference to a service court includes a reference to the following–
(a) the Court Martial Appeal Court;
(b) the Supreme Court on an appeal brought from the Court Martial Appeal Court;
(c) a court-martial;
(d) a Standing Civilian Court.”
Amendments Pending
Commencement
Extent
Law In Force
212
(1) Schedule 3 to that Act (sexual offences for purposes of Part 2) is amended as follows.
(a) in sub-paragraph (2) omit “service”;
(b) after that sub-paragraph add–
“(3) In sub-paragraph (2), the reference to detention is to detention awarded under

section 71(1)(e) of the Army Act 1955 or Air Force Act 1955 or section 43(1)(e) of
the Naval Discipline Act 1957.”
(3) After that paragraph insert–
“93A
(1) An offence under section 42 of the Armed Forces Act 2006 as respects which the
that section) is an offence listed in any of paragraphs 1 to 35.
(2) A reference in any of those paragraphs to being made the subject of a community sentence
of at least 12 months is to be read, in relation to an offence under that section, as a reference
to–
(a) being made the subject of a service community order or overseas community
order under the Armed Forces Act 2006 of at least 12 months; or
(b) being sentenced to a term of service detention of at least 112 days.
(3) Section 48 of that Act (attempts, conspiracy, incitement and aiding and abetting outside
England and Wales) applies for the purposes of this paragraph as if the reference in
subsection (3)(b) to any of the following provisions of that Act were a reference to this
paragraph.”
Amendments Pending
Commencement
Extent
Law In Force
213
In Schedule 5 to that Act (other offences for purposes of Part 2), after paragraph 172 insert–
“172A
(1) An offence under section 42 of the Armed Forces Act 2006 as respects which the
that section) is an offence listed in any of paragraphs 1 to 63A.
(2) Section 48 of that Act (attempts, conspiracy, incitement and aiding and abetting outside
England and Wales) applies for the purposes of this paragraph as if the reference in
subsection (3)(b) to any of the following provisions of that Act were a reference to this
paragraph.”
Amendments Pending
Commencement
Extent

Law In Force
214
(1) Section 94 of the Criminal Justice Act 2003 (extension of section 31 of the Armed Forces Act
2001) is amended as follows.
“(1) Section 323 of the Armed Forces Act 2006 (provision in consequence of criminal
justice enactments) applies in relation to an enactment contained in this Part so far as relating
to matters not specified in subsection (2) of section 324 of that Act as it applies in relation
to a criminal justice enactment (within the meaning given by that section).”
(3) In subsection (2) for “that section” substitute “section 323 of that Act”.
“(3) In subsection (2)“service offence”has the same meaning as in the Armed Forces Act
2006.”
Amendments Pending
Commencement
Extent
Law In Force
215
In section 112(1) of that Act (interpretation of Chapter 1 of Part 11 (evidence of bad character)),
for the definition of “service offence” substitute–
““service offence”has the same meaning as in the Armed Forces Act 2006;”.
Amendments Pending
Commencement
Extent
Law In Force
216
In section 143(4) of that Act (meaning of “previous conviction”), for paragraph (b) substitute–
Amendments Pending
Commencement
Extent
Law In Force
217
(1) Section 151 of that Act (community order for persistent offender previously fined) is amended
as follows.
(2) In subsection (4) for the words from “the finding of guilt” to the end substitute “conviction in
service disciplinary proceedings”.
(3) In subsection (5) after “compensation order” insert “, or a service compensation order awarded
in service disciplinary proceedings,”.

(a) “service disciplinary proceedings” means proceedings (whether or not before a
court) in respect of a service offence within the meaning of the Armed Forces Act
2006; and
(b) any reference to conviction or sentence, in the context of service disciplinary

proceedings, includes anything that under section 376(1) to (3) of that Act is to be
treated as a conviction or sentence.”
Amendments Pending
Commencement
Extent
R Repealed
218 […]1
Notes
1
Repealed by Criminal Justice and Immigration Act 2008 c. 4 Sch.28(2) para.1 (October 31, 2009 as SI 2009/2606)
Law In Force
219
In section 237 of that Act (meaning of “fixed-term prisoner”), at the end of the title insert “etc”
and after subsection (1) insert–
“(1B) In this Chapter–

(a) references to a sentence of imprisonment include such a sentence passed by a
service court;
(b) references to a sentence of detention under section 91 of the Sentencing Act
include a sentence of detention under section 209 of the Armed Forces Act 2006;
(c) references to a sentence under section 227 of this Act include a sentence under
that section passed as a result of section 220 of the Armed Forces Act 2006; and
(d) references to a sentence under section 228 of this Act include a sentence under
that section passed as a result of section 222 of that Act.
(1C) Nothing in subsection (1B) has the effect that section 240 or 265 (provision equivalent
to which is made by the Armed Forces Act 2006) applies to a service court.”
Amendments Pending
Commencement
Extent
Law In Force
220
In section 241 of that Act (effect of direction under section 240 on release on licence), after
subsection (1) insert–
“(1A) In subsection (1) the reference to a direction under section 240 includes a direction
under section 246 of the Armed Forces Act 2006.”
Amendments Pending
Commencement
Extent
Law In Force
221
In section 246 of that Act (disapplication of power to release prisoners on licence early), after
subsection (4) insert–
“(4A) In subsection (4)–

(a) the reference in paragraph (d) to a community order includes a service community
order or overseas community order under the Armed Forces Act 2006; and
(b) the reference in paragraph (i) to a direction under section 240 includes a direction
under section 246 of that Act.”
Amendments Pending
Commencement
Extent
R Repealed
222 […]1
Notes
1
2012)
R Repealed
223 […]1
Notes
1
2012)
Law In Force
224
(1) Section 252 of that Act (duty to comply with licence conditions) is renumbered as subsection
(1) of that section.
“(2) But where–

(a) the licence relates to a sentence of imprisonment passed by a service court,
(b) no custody plus order was made in relation to the sentence, or such an order
was made but subsequently revoked, and
(c) the person is residing outside the British Islands,
the conditions specified in the licence apply to him only so far as it is practicable for him
to comply with them where he is residing.”
Amendments Pending
Commencement
Extent
R Repealed
225 […]1
Notes
1
Repealed, never in force, by Criminal Justice and Immigration Act 2008 c. 4 Sch.28(2) para.1 (October 31, 2009
as SI 2009/2606)
Law In Force
226
In section 263(1)(a) of that Act (concurrent terms), omit “by any court”.
Amendments Pending
Commencement
Extent
Law In Force
227
In section 268 of that Act (interpretation of Chapter 6 of Part 12), in the definition of “fixed-term
prisoner” after “237(1)” insert “(as extended by section 237(1B))”.
Amendments Pending
Commencement
Extent
R Repealed
228 […]1
Notes
1
2012: repeal has effect as SI 2012/2906 subject to transitional and transitory provisions specified in 2012 c.12
Sch.15)
Law In Force
229
In section 272 of that Act (review of minimum term on a reference by the Attorney General), omit
subsections (2) and (3).
Amendments Pending
Commencement
Extent
Law In Force
230
In section 277 of that Act (interpretation of Chapter 7 of Part 12 (effect of life sentence)), in the
definition of “court”, for “a court-martial” substitute “the Court Martial”.
Amendments Pending
Commencement
Extent
Law In Force
231
In section 305(1) of that Act (interpretation of Part 12)–
(a) at the end of the definition of “court” insert “, but this does not apply where a contrary
intention appears from any provision of the Armed Forces Act 2006;”; and
(b) for the definitions of “service court” and “service disciplinary proceedings” substitute–
““service court” means–

(e) the Supreme Court on an appeal brought from the Court Martial
Appeal Court;”.
Amendments Pending
Commencement
Extent
Law In Force
232
In section 329 of that Act (civil proceedings for trespass to the person brought by offender), for
subsection (7) substitute–
“(7) Where–
(a) a person is convicted of an offence under section 42 of the Armed Forces Act
2006 (criminal conduct), and
(b) the corresponding offence under the law of England and Wales (within the
meaning given by that section) is an imprisonable offence,
he is to be treated for the purposes of this section as having been convicted in the United
Kingdom of that corresponding offence; and in paragraph (a) the reference to conviction
includes anything that under section 376(1) and (2) of that Act is to be treated as a
conviction.”
Amendments Pending
Commencement
Extent
Law In Force
233
(1) Section 337 of that Act (extent) is amended as follows.
(a) in paragraph (a) for “by a court-martial” substitute “in respect of service offences within
the meaning of the Armed Forces Act 2006”;
(b) in paragraph (b) for “courts-martial or the Courts-Martial Appeal Court” substitute “the
Court Martial or the Court Martial Appeal Court”.
“(12A) Nothing in subsection (1) affects the extent of section 94; and section 384 of the
Armed Forces Act 2006 applies in relation to section 94 of this Act as it applies in relation
to that Act.”
(a) in paragraph (a)–
(i) omit sub-paragraphs (i) to (iii), (v), (vii) and (viii);
(ii) in sub-paragraph (iv) for “Courts-Martial (Appeals) Act 1968” substitute “Court
Martial Appeals Act 1968”, and at the end of that sub-paragraph insert “or”;
Amendments Pending
Commencement
Extent
Law In Force
234
(1) Schedule 6 to that Act (modifications for armed forces of provisions about evidence of bad
character) is amended as follows.
(a) in sub-paragraph (1) for “courts-martial” substitute “the Court Martial”;
(b) in sub-paragraph (2)–
(i) in paragraph (a) for “judge and jury” substitute “a judge and jury”;
(ii) also in paragraph (a) for “court-martial” substitute “the Court Martial”;
(iii) in paragraph (c) for “dissolve” substitute “discharge”;
(c) in sub-paragraph (4)–
(i) in the paragraph substituted by paragraph (a), for the words from “section 115B(2)
of the Army” to “1957” substitute “section 167 of the Armed Forces Act 2006”;
(ii) in paragraph (c) for “dissolve” substitute “discharge”;
(d) in the subsection substituted by sub-paragraph (5), for “dissolve” substitute “discharge”.
(3) In the subsection substituted by paragraph 4 of that Schedule–
(a) in paragraph (a) for “a court-martial” substitute “the Court Martial”;
(b) in paragraph (b) for “a Standing Civilian Court” substitute “the Summary Appeal Court
or the Service Civilian Court”.
(4) For paragraph 6 substitute–
“6
In this Schedule “service court” means–
(c) the Service Civilian Court; or
(d) the Court Martial Appeal Court.”
Amendments Pending
Commencement
Extent
Law In Force
235
(1) Schedule 7 to that Act (modifications for armed forces of provisions about hearsay evidence)
(a) for sub-paragraph (2) substitute–
“(2) In section 116(2) for paragraph (c) substitute–
“(c) that either of the following applies–

(i) the court is sitting neither in the United Kingdom nor in
a British overseas territory and it is not reasonably practicable
to secure the attendance of the relevant person; or
(ii) the court is sitting in the United Kingdom or a British
overseas territory but the relevant person is outside the United
Kingdom or outside that territory (as the case may be) and it
is not reasonably practicable to secure his attendance.”
(b) in the subsection inserted by sub-paragraph (3), for the words from ““criminal
proceedings”” to the end substitute “the reference to criminal proceedings includes
proceedings before an officer in respect of a service offence within the meaning of the
Armed Forces Act 2006.”;
(c) in the paragraph substituted by sub-paragraph (4), for “a court-martial” substitute “the
Court Martial”;
(d) for sub-paragraph (5) substitute–
“(5) In section 127–

(a) in subsection (1)(c)–
(i) for “the appropriate rules” substitute “rules made under the Armed
Forces Act 2006 or the Court Martial Appeals Act 1968”;
(ii) for “section 9 of the Criminal Justice Act 1967 (c. 80)” substitute
“such rules”;
(b) omit subsection (7).”;
(e) in the subsection inserted by sub-paragraph (7), for paragraphs (a) and (b) substitute
“to proceedings before an officer, the Court Martial or the Service Civilian Court in respect
of a service offence within the meaning of the Armed Forces Act 2006.”
(i) for “judge and jury” substitute “a judge and jury”;
(ii) for “court-martial” substitute “the Court Martial”.
(i) in paragraph (a) for “judge and jury” substitute “a judge and jury”;
(ii) also in paragraph (a) for “court-martial” substitute “the Court Martial”;
(iii) in paragraph (c) for “dissolve” substitute “discharge”;
(c) in sub-paragraph (4)–
(i) in the paragraph substituted by paragraph (a), for the words from “section 115B(2)
of the Army” to “1957” substitute “section 167 of the Armed Forces Act 2006”;
(ii) in paragraph (c) for “dissolve” substitute “discharge”;
(d) in the subsection substituted by sub-paragraph (5), for “dissolve” substitute “discharge”.
(5) Omit paragraphs 5 to 7.
(6) For paragraph 8 substitute–
“8
In this Schedule, and in any provision of this Part as applied by this Schedule, “service
court” means–
(c) the Service Civilian Court; or
(d) the Court Martial Appeal Court.”
Amendments Pending
Commencement
Extent
Law In Force
236
In Schedule 21 to that Act (determination of minimum term in relation to mandatory life sentence),
at the end of paragraph 12 (but not as part of sub-paragraph (c)) insert “or of section 238(1)(b) or
(c) or 239 of the Armed Forces Act 2006.”
Amendments Pending
Commencement
Extent
Crime (International Co-operation) Act 2003 (c. 32)
Law In Force
237
In section 47(9) of the Crime (International Co-operation) Act 2003 (transfer of UK prisoner to
assist investigation abroad) for “(3A)” substitute “(4)”.
Amendments Pending
Commencement
Extent
Domestic Violence, Crime and Victims Act 2004 (c.28)
Law In Force
238
(1) Section 8 of the Domestic Violence, Crime and Victims Act 2004 (evidence and procedure:
courts-martial) is amended as follows.
(2) In the sidenote for “courts-martial” substitute “the Court Martial”.
(3) In subsection (1) for “courts-martial” substitute “the Court Martial”.
“(2) A reference to an offence–

(a) of murder,
(b) of manslaughter, or
(c) under section 5,
is to be read as a reference to an offence under section 42 of the Armed Forces Act 2006
as respects which the corresponding offence under the law of England and Wales (within
the meaning given by that section) is that offence.”
Amendments Pending
Commencement
Extent
Law In Force
239
In section 45(1) of that Act (interpretation of sections 35 to 44), in the definition of “court”, for “a
court-martial or the Courts-Martial Appeal Court” substitute “the Court Martial or the Court Martial
Appeal Court”.
Amendments Pending
Commencement
Extent
Law In Force
240
For section 62(4) of that Act (extent) substitute–
“(4) Nothing in subsection (1) affects the extent of section 8 or of any provision of section
6 as applied by section 8.”
Amendments Pending
Commencement
Extent
Human Tissue Act 2004 (c. 30)
Law In Force
241
In section 39(6)(c) of the Human Tissue Act 2004 (criminal justice purposes), for the words from
“offences” to the end substitute “service offences within the meaning of the Armed Forces Act
2006.”
Amendments Pending
Commencement
Extent
Law In Force
242
In Part 2 of Schedule 4 to that Act (use for an excepted purpose), in paragraph 5(4)(c) for the words
from “offences” to the end substitute “service offences within the meaning of the Armed Forces
Act 2006.”
Amendments Pending
Commencement
Extent
Civil Partnership Act 2004 (c. 33)
Law In Force
243
In section 245(2) of the Civil Partnership Act 2004 (interpretation), for “Army Act 1955 (3 &4;
Eliz 2 c. 18)” substitute “Armed Forces Act 2006”.
Amendments Pending
Commencement
Extent
Constitutional Reform Act 2005 (c. 4)
Law In Force
244
In Part 2 of Schedule 14 to the Constitutional Reform Act 2005 (the Judicial Appointments
Commission: relevant offices and enactments), in the table, in the entry relating to a judge of the
Courts-Martial Appeal Court–
(a) in the first column for “Courts-Martial Appeal Court” substitute “Court Martial Appeal
Court”;
(b) in the second column for “Courts-Martial (Appeals) Act 1968 (c. 20)” substitute “Court
Martial Appeals Act 1968 (c. 20)”.
Amendments Pending
Commencement
Extent
Gambling Act 2005 (c. 19)
Law In Force
245
In section 354(2) of the Gambling Act 2005 (Crown application), for the words from “Her Majesty's”
to the end substitute “any of Her Majesty's forces (within the meaning of the Armed Forces Act
2006).”
Amendments Pending
Commencement
Extent
Law In Force
246
In Part 1 of Schedule 7 to that Act (relevant offences)–
(a) for paragraphs 14 to 16 substitute–
“14A
An offence under section 42 of the Armed Forces Act 2006 as respects which the
corresponding offence under the law of England and Wales (within the meaning
given by that section) is an offence listed elsewhere in this Schedule.”;
(b) after paragraph 22 insert–
“22A
Section 48 of the Armed Forces Act 2006 (attempts, conspiracy, incitement and
aiding and abetting outside England and Wales) applies for the purposes of this Act
as if the reference in subsection (3)(b) to any of the following provisions of that Act
were a reference to any provision of this Act.”
Amendments Pending
Commencement
Extent
SCHEDULE 17
REPEALS AND REVOCATIONS
Section 378
Law In Force
Reference Extent of repeal or revocation

Naval Agency and Distribution Act 1864 (c. Section 16.
24)
Naval and Marine Pay and Pensions Act 1865 Section 6.
(c. 73) Section 8.
Regimental Debts Act 1893 (c. 5) In section 23, the words “is sentenced to death or”.
Criminal Evidence Act 1898 (c. 36) In section 6(1), the words from “including” to the end.
Air Force (Constitution) Act 1917 (c. 51) In section 2(1), the words “, pay, allowances,”.
In section 3, in the sidenote the words “and attaching”, in subsection
(1) the words from “, or attached” to “four years:”, and subsection (4).
Coastguard Act 1925 (c. 88) Section 2.
Colonial Naval Defence Act 1931 (c. 9) The whole Act.
Visiting Forces (British Commonwealth) Act Sections 6 and 7.
1933 (c. 6)
Defence (Armed Forces) Regulations 1939 (S.I. In Regulation 6, the words from “within the meaning of” to the end.
1939/ 1304)

Naval Forces (Enforcement of Maintenance The whole Act.
Liabilities) Act 1947 (c. 24)
Army and Air Force (Women's Service) Act The whole Act.
1948 (c. 21)
Criminal Justice Act 1948 (c. 58) In section 80(1), the definition of “Court”.
Colonial Naval Defence Act 1949 (c. 18) The whole Act.
Courts-Martial (Appeals) Act 1951 (c. 46) Section 28.
Emergency Laws (Miscellaneous Provisions) Section 10.
Act 1953 (c. 47)
Army Act 1955 (3 &4; Eliz. 2 c. 18) The whole Act.
Air Force Act 1955 (3 &4; Eliz. 2 c. 19) The whole Act.
Revision of the Army and Air Force Acts Sections 1 and 2.
(Transitional Provisions) Act 1955 (3 & 4 Eliz. Schedule 1.
2 c. 20) In Schedule 2, paragraphs 5 and 9.
Ghana Independence Act 1957 (c. 6) Section 4(2) and (3).
Homicide Act 1957 (c. 11) Section 13(3).
In section 17(3), the words “, except as regards courts-martial,”.
Naval Discipline Act 1957 (c. 53) The whole Act.
Registration of Births, Deaths and Marriages In section 1(1), the words “, or among the families of”.
(Special Provisions) Act 1957 (c. 58) Section 2(1)(a) and (b).
Federation of Malaya Independence Act 1957 In Schedule 1, paragraph 2.
(c. 60)
Emergency Laws (Repeal) Act 1959 (c. 19) In Part C of Schedule 2, in the text of Regulation 6 of the Defence
(Armed Forces) Regulations 1939, the words from “within the meaning
of” to the end.
Cyprus Act 1960 (c. 52) In the Schedule, paragraph 4.
Nigeria Independence Act 1960 (c. 55) Section 3(2) and (3).
Sierra Leone Independence Act 1961 (c. 16) Section 3(2).
Criminal Justice Act 1961 (c. 39) In section 38, in subsection (2)(b) the words from “a sentence passed
by a court-martial” to “1955), and”, and in subsection (3)(b) the words
“a sentence passed by a court-martial for any offence, and”.
In section 39(1), the definition of “court martial”.
Army and Air Force Act 1961 (c. 52) The whole Act.
Tanganyika Independence Act 1961 (c. 1) Section 3(2) and (3).
Jamaica Independence Act 1962 (c. 40) Section 3(2).
Trinidad and Tobago Independence Act 1962 Section 3(2).
(c. 54)
Uganda Independence Act 1962 (c. 57) Section 3(2) and (3).
Malaysia Act 1963 (c. 35) In Schedule 2, paragraph 3.
Kenya Independence Act 1963 (c. 54) Section 4(2) and (3).
Zanzibar Act 1963 (c. 55) In Schedule 1, paragraph 5.
Defence (Transfer of Functions) Act 1964 (c. In section 1–
15) (a)
in subsection (3), paragraph (b) and the word “or”
immediately before it;
(b)

subsection (4);
(c)
in subsection (5), the words “of reviewing the findings or
sentences of courts-martial and other functions”.
Malawi Independence Act 1964 (c. 46) Section 4(2) and (3).
Zambia Independence Act 1964 (c. 65) In Schedule 1, paragraphs 5 and 11.
Malta Independence Act 1964 (c. 86) Section 4(2) and (3).
Gambia Independence Act 1964 (c. 93) Section 4(2) and (3).
Murder (Abolition of Death Penalty) Act 1965 Section 1(4).
(c. 71) In section 3(3), the words “, except as regards courts-martial,”.
Guyana Independence Act 1966 (c. 14) Section 5(2).
Botswana Independence Act 1966 (c. 23) In the Schedule, paragraphs 5 and 10.
Lesotho Independence Act 1966 (c. 24) In the Schedule, paragraphs 5 and 11.
Singapore Act 1966 (c. 29) In the Schedule, paragraph 2.
Barbados Independence Act 1966 (c. 37) Section 4(2) and (3).
Armed Forces Act 1966 (c. 45) The whole Act.
Criminal Law Act 1967 (c. 58) Section 11(2)(a)(ii).
Criminal Justice Act 1967 (c. 80) Sections 11 and 12.
Section 32.
In section 89(1), the words from “or in proceedings” to “Air Force
Act 1955”.
Mauritius Independence Act 1968 (c. 8) Section 4(2).
Courts-Martial (Appeals) Act 1968 (c. 20) Section 4(2).
Section 8(1A) to (4).
Section 10.
In section 11(1), the words “the Judge Advocate of Her Majesty's Fleet
or”.
Section 15.
Section 16(6).
Section 17(2).
Sections 17A and 18.
In section 20, subsection (5) and in subsection (6) the words from “of
this Act” to the end.
In section 21(1), the words from “; and in relation to” to the end.
Section 23.
Section 24(2).
In section 25B(2), the words “under the Mental Health Act 1983”.
Section 26.
Section 29(2).
In section 34, in subsection (1)(a) the words “the Judge Advocate of
Her Majesty's Fleet or”, and subsection (3).
In section 36(1), the words “under this Part of this Act”, paragraph
(a) and in paragraph (g) the words from “and the power” to the end.
Section 46.
In section 57, in subsection (1) the definitions of–
(a)
“the Air Force Act”;
(b)
“air force court-martial”;
(c)

“the Army Act”;
(d)
“army court-martial”;
(e)
“court-martial”;
(f)
“duly approved”;
(g)
“the Judge Advocate General”;
(h)
“judicial officer”;
(i)
“the Naval Discipline Act”;
(j)
“naval court-martial”;
(k)
“restriction order”;
(l)
“supervision order”;
and in the definition of “appellant” the words “has been tried by
court-martial and”, and subsections (2) to (2B).
Section 58.
Schedules 3 and 4.
Swaziland Independence Act 1968 (c. 56) In the Schedule, paragraphs 5 and 11(a).
Tonga Act 1970 (c. 22) In the Schedule, paragraphs 4 and 9(a).
Fiji Independence Act 1970 (c. 50) Section 4(2).
Armed Forces Act 1971 (c. 33) Sections 2 to 25.
Sections 27 to 48.
Section 49(1) and (2).
Sections 50 to 68.
Sections 70 to 72.
Section 73(3).
Section 74.
Section 76.
Section 77(2).
Schedule 1.
In Schedule 2, paragraphs 1(2) to (5), 2 and 3.
In Schedule 3, paragraphs 4, 5 and 7.
Criminal Justice Act 1972 (c. 71) In section 66(2), the words ““court”does not include a court-martial;”.
Bahamas Independence Act 1973 (c. 27) Section 4(2).
Bangladesh Act 1973 (c. 49) In the Schedule, paragraph 1.
Rehabilitation of Offenders Act 1974 (c. 53) In section 5(1)(d), the words “or a corresponding court-martial
punishment”.
House of Commons Disqualification Act 1975 In section 1(1)(c), the words “or the Ulster Defence Regiment”.
(c. 24) In Schedule 1, in Part 3 the words “Judge Advocate of the Fleet.”
Northern Ireland Assembly Disqualification In section 1(1)(c), the words from “or” to the end.
Act 1975 (c. 25) In Schedule 1, in Part 3 the words “Judge Advocate of the Fleet.”
Seychelles Act 1976 (c. 19) In the Schedule, paragraph 2.
Sections 6 to 16.
Sections 18 and 19.

Schedules 1 to 8.
In Schedule 9, paragraphs 3 to 8, 10, 11, 13, 14, 16 and 17.
Bail Act 1976 (c. 63) In Part 3 of Schedule 1, in paragraph 4 the definition of “the Services
Acts”.
Solomon Islands Act 1978 (c. 15) Section 7(2) and (3).
Oaths Act 1978 (c. 19) Section 7(4) and (5).
Section 8(4).
Tuvalu Act 1978 (c. 20) Section 4(2).
Rehabilitation of Offenders (Northern Ireland) Article 4(5).
Order 1978 (S.I. 1978/1908 (N.I. 27)) In Article 6, in paragraph (1), the word “and” at the end of
sub-paragraph (c), and in subparagraph (d) the words “or a
corresponding court-martial punishment”, and paragraph (9)(a).
Kiribati Act 1979 (c. 27) In the Schedule, paragraph 2.
Papua New Guinea, Western Samoa and Nauru In the Schedule, paragraphs 10 to 12.
(Miscellaneous Provisions) Act 1980 (c. 2)
Reserve Forces Act 1980 (c. 9) Section 10(5).
Section 18(2)(b).
Section 19(4).
Section 21(4).
Sections 24 and 25.
Section 26(2)(g).
Section 44.
Section 139.
Sections 141 to 144.
Section 145(2).
Section 146(2).
In section 156, in subsection (1) the definition of “regular air force”,
and subsection (2).
In Schedule 8, paragraphs 5(3), 10, 16(2) and (5) and 19.
New Hebrides Act 1980 (c. 16) In Schedule 1, paragraph 2.
Magistrates' Courts Act 1980 (c. 43) Section 143(2)(g), (h) and (k).
Contempt of Court Act 1981 (c. 49) In Schedule 1, paragraph 8.
Belize Act 1981 (c. 52) In Schedule 2, paragraph 1.
Sections 10 and 11.
Section 13.
Sections 15 to 19.
Section 21.
Section 23.
Section 25.
Section 27.
Schedules 1 and 2.
In Part 1 of Schedule 3, paragraph 2.
In Schedule 4, paragraph 1.
Criminal Justice Act 1982 (c. 48) Section 58.
Schedule 8.
In Schedule 16, the entries relating to the Army Act 1955, the Air
Force Act 1955, the Naval Discipline Act 1957 and the Armed Forces
Act 1976.

Police and Criminal Evidence Act 1984 (c. 60) Section 51(c).
Section 63A(1B)(k).
In section 82, in subsection (1) the definition of “court-martial”, and
subsection (2).
Section 113(11).
In Schedule 2, the entries relating to the Army Act 1955, the Air Force
Act 1955 and the Naval Discipline Act 1957.
Brunei and Maldives Act 1985 (c. 3) In the Schedule, paragraph 4.
Armed Forces Act 1986 (c. 21) The whole Act.
Road Traffic Act 1988 (c. 52) Section 144(2)(d).
In section 184(1)(e), the word “and” at the end.
Police and Criminal Evidence (Northern Article 51(c).
Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) Article 70(2).
Criminal Justice (International Co-operation) Section 5(3A).
Act 1990 (c. 5)
Pakistan Act 1990 (c. 14) In the Schedule, paragraph 3.
Courts and Legal Services Act 1990 (c. 41) In section 119(1), in the definition of “court”, paragraph (b).
Namibia Act 1991 (c. 4) In the Schedule, paragraph 2.
In Part 1 of Schedule 4, the entry relating to the Army Act 1955 and
Air Force Act 1955 and the entry relating to the Armed Forces Act
1976.
Schedule 9.
In section 18, in subsection (8) the words “on him” and the words
from “shall be liable” to the end, and subsection (9).
Section 19(7).
Section 23(2).
Section 24(1) to (3).
Section 25.
Schedule 1.
In Schedule 2, paragraphs 1, 2, 4 to 7, 10 and 11.
Local Government Finance Act 1992 (c. 14) In Schedule 1, in paragraph 1(3)(a), the word “or” at the end.
Sexual Offences (Amendment) Act 1992 (c. Section 4(9).
34) In section 6(1), the definitions of “corresponding civil offence” and
“service offence”.
Section 7.
Section 8(7).
Army Act 1992 (c. 39) The whole Act.
Judicial Pensions and Retirement Act 1993 (c. In Schedule 1, in Part 2 the words “Judge Advocate of Her Majesty's
8) Fleet”.
In Schedule 5, the words “Judge Advocate of Her Majesty's Fleet”.
Criminal Justice and Public Order Act 1994 (c. In section 146(4), the words from “or, in the case” to the end.
33) In section 147(3), the words from “or, in the case” to the end.
South Africa Act 1995 (c. 3) In the Schedule, paragraph 3.

Criminal Appeal Act 1995 (c. 35) In section 30(2)(c), the word “and” at the end.
Reserve Forces Act 1996 (c. 14) Section 7.
Section 9(5).
Section 24(2)(b).
Section 25(2)(a).
Section 27(3).
Section 53(8)(b).
Section 55(8)(b).
Section 57(8)(b).
In section 95, in subsection (1) paragraph (b) and in the words after
paragraph (e) the words “triable by court-martial or summarily by a
civil court”, and in subsection (2)(b)(i) the words “, (b),”.
Section 98(5).
Section 99.
Sections 102 and 103.
Section 104(3).
Section 105(2).
Section 106.
In section 107(1), the words from “either–” to the end of paragraph
(a).
Sections 123 and 124.
Section 126.
In section 127(1), the definition of “regular air force”.
In Schedule 1–
(a)
in paragraph 5(1), the words “or recklessly”;
(b)
paragraph 7 and the heading before it.
Schedules 2 and 3.
Schedule 7.
In Schedule 9, in Part 2, paragraphs 22 and 23.
In Schedule 10, paragraphs 1 to 13 and 23.
Criminal Procedure and Investigations Act 1996 Section 74(2) and (3).
(c. 25) Section 79(5) and (6).
Section 6(2).
Sections 9 to 12.
Sections 15 and 16.
Section 17(3), (5) and (6).
Section 20.
Section 32.
Section 34.
Section 36(6).
In Schedule 1, paragraphs 1 to 64, 66 to 99, 102 to 107 and 110.
Schedule 3.
Schedule 5.
In Schedule 6, paragraphs 2 to 15.
Crime (Sentences) Act 1997 (c. 43) In section 34, in subsection (2)(d) the word “and” at the end, and
subsection (3).
Human Rights Act 1998 (c. 42) Section 21(5).
Section 22(7).

Youth Justice and Criminal Evidence Act 1999 Section 68(10).
(c. 23)
Armed Forces Discipline Act 2000 (c. 4) The whole Act.
Powers of Criminal Courts (Sentencing) Act In section 134, in subsections (1) and (2) the words “or award”.
2000 (c. 6)
Criminal Justice and Court Services Act 2000 In section 30–
(c. 43) (a)
in subsection (1), in the definition of “guardianship order”
the words from “the Army” to “1957 or”, and in the definition
of “qualifying sentence” paragraph (f);
(b)
subsection (2);
(c)
in subsection (3), the words “, or to a sentence of detention
imposed by a court-martial or the Courts-Martial Appeal
Court,”.
In section 33(7), in the definition of “order for admission to hospital”,
paragraph (a).
In section 42, in subsection (1) the definition of “armed forces
offence”, and subsection (2).
In section 62(5), the word “and” at the end of paragraph (e).
In section 64(5), the word “and” immediately before paragraph (f).
Section 81(2)(h).
Criminal Justice and Police Act 2001 (c. 16) Section 88(8)(j).
International Criminal Court Act 2001 (c. 17) Section 74.
Section 79(5).
In Schedule 10, the entries relating to the Army Act 1955, the Air
Force Act 1955 and the Naval Discipline Act 1957.
Sections 14 to 22.
Sections 24 and 25.
Section 26(4).
Section 28(3) to (5).
Section 29.
Sections 31 to 33.
In section 35–
(a)
in subsection (2), paragraphs (a) and (b) and in paragraph (c)
the words “or 31(3)” and “or 31(6)(c)”;
(b)
subsection (3)(a)(i), (ii), (iv) and (v) (except the “or” at the
end of (v)) and (b)(i).
Section 36(1) and (3)(a), (d) and (e).
Section 37.
Schedules 1 to 5.
In Schedule 6, paragraphs 14 to 27 and 33 to 56.
Justice (Northern Ireland) Act 2002 (c. 26) In Schedule 4, paragraphs 10 to 12.
Commonwealth Act 2002 (c. 39) In Schedule 2, paragraph 1.
Communications Act 2003 (c. 21) In Schedule 17, paragraphs 23, 24 and 26.
Extradition Act 2003 (c. 41) Section 3(6).
Section 71(8).

Section 73(9).
Sexual Offences Act 2003 (c. 42) In section 81(3)(b), the words “or a term of service detention”.
In section 133(1), the definition of “term of service detention”.
In Schedule 3, in paragraph 93(2) the word “service”.
Criminal Justice Act 2003 (c. 44) In section 263(1)(a), the words “by any court”.
In section 337(13), in paragraph (a) subparagraphs (i) to (iii), (v), (vii)
and (viii), and paragraph (b).
In Schedule 1, paragraph 15.
In Schedule 3, paragraphs 37, 38, 40 and 65.
In Schedule 32, paragraphs 19, 140, 155 to 157 and 162.
Domestic Violence, Crime and Victims Act In Schedule 3, paragraphs 1 to 5, 9, 10, 14(3) and 15.
2004 (c. 28)
Constitutional Reform Act 2005 (c. 4) In Schedule 11, in Part 2, in paragraph 4(3) the entries relating to the
Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act
1957.
In Schedule 14, in Part 1, in the table the entry relating to the Judge
Advocate of Her Majesty's Fleet.
Serious Organised Crime and Police Act 2005 Section 170.
(c. 15) In Part 3 of Schedule 7, paragraph 50.
Armed Forces Act 2006 In Schedule 16, paragraphs 20 to 38 and 178.
Amendments Pending
Commencement
Sch. 17 para. 1(a)-(bd): November 8, 2006 for the repeal specified in 2006 c.52 s.383(1); January 1, 2008 for repeals
specified in SI 2007/2913 art.3; October 1, 2008 for repeals specified in SI 2008/1650 art.2(e); October 1, 2008 for
the repeal specified in SI 2008/1650 art.4(c); October 31, 2009 otherwise (SI 2007/2913 art. 3; SI 2008/1650 art. 2(e),
art. 4(c); SI 2009/1167 art. 4; 2006 c. 52 Pt 19 c. 4 s. 383(1))
Extent
Sch. 17 para. 1(a)-(bd): United Kingdom (extends to the Isle of Man and the British overseas territories and may extend
EXPLANATORY NOTES
INTRODUCTION
1. These explanatory notes relate to the Armed Forces Act that received Royal Assent on Wednesday
8th November 2006. They have been prepared by the Ministry of Defence in order to assist the
reader in understanding the Act. They do not form part of the Act and have not been endorsed by
Parliament.
2. The notes need to be read in conjunction with the Act. They are not, and are not meant to be, a
comprehensive description of the Act. So, where a section or part of a section does not seem to
require any explanation or comment, none is given.
3. There is an explanation of the background to the Act in paragraphs 5 to 15. The Act comprises
a number of parts, grouped into main subject areas. Paragraphs 16 to 39 give an overview of the
Act, its structure and the key elements of each part. The main areas are introduced and described
separately in the commentary.
4. Terms used in the Act are explained in these notes where they first appear and a glossary of
terms is at Annex A. A table of comparative ranks of members of each of the three Services is at
Annex B.
BACKGROUND
5. The Royal Navy, the Army and the Royal Air Force operate within separate statutory frameworks
of discipline which apply at all times wherever in the world members of each Service are serving.
The respective bases for these systems are the Naval Discipline Act 1957, the Army Act 1955 and
the Air Force Act 1955. Collectively they are known as the Service Discipline Acts (“the SDAs”).
The SDAs are concerned largely, but not exclusively, with discipline.
6. Although each of the Services has its own system, the general structure of these systems and
many of their details are very similar. They all make provision so that members of the Services
(including, in certain circumstances, members of each Service's ex-regular and volunteer reserve
forces) can be investigated, tried and punished for any criminal offence under the law of England
and Wales, wherever in the world it is committed. These are referred to in these notes as criminal
conduct offences. Each of the three service systems also provides for some offences which are
peculiar to service in the armed forces. These offences mainly relate to discipline, for example
insubordination and disobedience to lawful commands. They are referred to in these notes as
disciplinary offences.
7. A commanding officer (CO) has a central role in maintaining discipline and every member of
the armed forces has a CO for disciplinary purposes. Accordingly COs in all the services have
defined disciplinary powers to deal with certain disciplinary and criminal conduct offences.
8. A CO's powers of punishment are very restricted, but there are differences between the services
in the range of offences with which a CO may deal summarily and his or her powers of punishment.
Each of the Services' systems provides an accused person with a right of election for trial by
court-martial instead and for appeal from the finding and punishment of a CO to a Summary Appeal
Court, comprising a civilian judge (called a “judge advocate”) and two members, of which one
must be an officer.
9. The detailed provisions about courts-martial also vary between the Services, but key aspects are
the same. The decision to bring a prosecution at court-martial rests with the Prosecuting Authority
of each service. The Prosecuting Authority is a legally qualified officer appointed by Her Majesty
the Queen and is independent of the chain of command. There are differences between the Services
in the structure and membership of courts-martial, but all courts-martial have a civilian judge
advocate and not less than three service members. These will be officers or warrant officers (though
there are further rules about the ranks of those who may sit). The Army and RAF systems distinguish
between “district” and “general” courts-martial. General courts-martial must have at least five
service members (as well as the judge advocate). Naval courts-martial, and Army and RAF general
courts-martial, have sentencing powers which are broadly comparable to those of the Crown Court
in England and Wales. However, some of the sentencing powers available to a court-martial are
peculiar to the service systems, such as detention served in a military establishment, reduction in
rank, and dismissal. The procedures of all courts-martial are broadly similar to those of the Crown
Court. There is a right of appeal against conviction and sentence to the Courts-Martial Appeal
Court. This court mostly comprises civilian judges from the Court of Appeal (Criminal Division).
10. Some civilians are also subject to one or other of the SDAs when overseas. These include the
families of armed forces personnel living with them abroad and certain contractors working with
the armed forces. There are only very limited powers to deal with civilians summarily. In Germany
and Cyprus, where the armed forces have large permanent bases with a significant civilian
population, there is a Standing Civilian Court, which has powers equivalent to those of a magistrates'
court in England and Wales and is presided over by a civilian judge advocate. Or civilians may be
tried by court-martial, in which case one or more civilian Crown servants may be a member of the
court (depending on the type of court-martial).
11. Judge advocates are appointed as such by the Lord Chancellor but allocated to individual trials
by the Judge Advocate General (for Army and RAF trials) or the Judge Advocate of the Fleet (for
Royal Navy trials). The holders of these offices are appointed by Her Majesty the Queen on the
recommendation of the Lord Chancellor. They must be a barrister, solicitor or advocate of at least
10 years' standing.
12. Each of the services includes a force of police (referred to in these notes as “service police”).
One of their functions is to investigate alleged offences under the SDAs. Broadly speaking, their
powers are exercisable on a tri-service basis; that is, they may exercise their powers in relation to
anyone subject to any of the SDAs.
Other provisions in the SDAs
13. The SDAs also contain provisions on other matters including recruitment to and discharge from
the armed forces, the redress of complaints and armed forces' boards of inquiry.
Renewal of service law
14. Since 1955 the Army and Air Force Acts (and, since 1971, the Naval Discipline Act) have been
subject to renewal by primary legislation every five years and, in each of the intervening years, by
an Order in Council approved in draft by both Houses of Parliament. This requirement for
Parliamentary agreement for their continuation has its origins in the Bill of Rights 1688, which
provides that the raising of a standing army is against the law unless Parliament consents to it.
Since the 1950s the five-yearly Acts have been used primarily to make necessary and desirable
amendments to the SDAs, often to reflect changes in the civilian criminal law of England and
Wales. The last Armed Forces Act was passed in 2001.
The Strategic Defence Review 1998
15. The Ministry of Defence Strategic Defence Review 19981 recognised the future importance of
joint operations by the armed forces and put “jointery” at the centre of the defence planning process.
It also concluded that combining the three SDAs into a single Act, and reducing the differences
between the systems to the absolute minimum, would better support the armed forces, which
increasingly train and operate jointly. The Act is the result of a comprehensive review of all the
existing provisions in the SDAs, together with other legislation that relates to discipline in the
armed forces such as the Courts-Martial (Appeals) Act 1968 (“the 1968 Act”) and a number of
free-standing provisions in the five-yearly Armed Forces Acts—for example, the provisions for
Standing Civilian Courts in the Armed Forces Act 1976, and the powers of service police under
the Armed Forces Act 2001.
OVERVIEW OF THE ACT
16. The main purpose of the Act therefore is to replace the three separate systems of service law
with a single, harmonised system governing all members of the armed forces. The key elements
of the discipline systems will remain, in particular a jurisdiction for COs to deal with less serious
offences, with more serious offences being required to be tried by court-martial. Accordingly it
should not be assumed that the provisions of the Act are new. Most of it is based on existing
provisions, but updated, and modified to achieve harmonisation between the Services.
17. In brief, the Act creates offences and provides for the investigation of alleged offences, the
arrest, holding in custody and charging of individuals accused of committing an offence, and for
them to be dealt with summarily by their CO or tried by court-martial. Instead of (as at present)
courts-martial being set up to deal with particular cases, the Act provides for a standing court-martial,
called the Court Martial. Rather like the Crown Court, the court may sit in more than one place at
the same time, and different judge advocates and service personnel will make up the court for
different trials.
18. More serious cases must be notified to the service police and passed direct to the independent
Director of Service Prosecutions (“DSP”) for a decision on whether to prosecute. In other cases
the CO will consider whether to deal with the matter summarily (if it is within his jurisdiction) or
to refer the case to the DSP with a view to proceeding to a trial by the Court Martial. In all cases
which it is intended should be tried by the Court Martial, it will be the DSP who takes the decision
to prosecute and determines the charge or charges. Those facing charges with which the CO intends
to deal summarily have a right to elect trial by the Court Martial, or, if they agree to be dealt with
summarily and the charge is found proved, to appeal to the Summary Appeal Court. A person
convicted by the Court Martial will be able to appeal to the Court Martial Appeal Court.
19. The Act provides for certain offices and organisations which are currently single-service to be
replaced by a tri-service equivalent. The aim is to enhance efficiency and to support consistency
in the application of the Act. These are:
• the appointment of the Director of Service Prosecutions to replace the existing three
single-service prosecuting authorities;
• a standing court, called the Court Martial, to replace the current courts-martial which are
set up for each case;
• a tri-Service Summary Appeal Court (“SAC”) to replace the existing single-service
Summary Appeal Courts;
• the Service Civilian Court (“SCC”), to replace the existing Standing Civilian Courts;
• the merger of the two offices of Judge Advocate General and Judge Advocate of the Fleet;
and
• a single court administration officer for the Court Martial, the SAC and the SCC.
STRUCTURE OF THE ACT
20. The Act is in 19 Parts which are divided into three groups dealing with discipline, miscellaneous
and general matters respectively. Paragraphs 21 to 39 below list the main matters covered in each
Part.
First Group of Parts: Discipline
21. Part 1: Offences. This Part sets out most service offences. (There are a few offences in other
Parts of the Act and in other Acts.)
22. Part 2: Jurisdiction and time limits. This Part defines the jurisdiction of COs, the Court Martial
and the SCC. It lays down time limits for prosecutions under the Act. It also provides for the effect
of proceedings under service law on further service or civilian proceedings, and the effect of civilian
proceedings on further service proceedings.
23. Part 3: Powers of arrest, search and entry. This Part defines the powers of arrest in relation to
service offences. It also defines powers to search arrested persons, to stop and search persons and
vehicles, and to enter premises for the purpose of search and seizure. For the most part, these powers
are to be exercised by the service police.
24. Part 4: Custody. This Part sets out the regime governing the holding in custody (before or after
charge) of a person arrested under the Act. It covers such matters as time limits for custody and
review of custody. The requirements include review of that custody by a judge advocate.
25. Part 5: Investigation, charging and mode of trial. This Part sets out the duties of COs in respect
of the investigation of service offences and the involvement of the service police. It also provides
for the powers of the CO and the Director of Service Prosecutions in determining whether a charge
should be brought, and if so for what offence.
26. Part 6: Summary hearing and appeals and review. This Part provides a right for the accused to
elect trial by the Court Martial instead of being dealt with summarily by the CO. It sets out the
punishments that a CO may award summarily. It establishes a single Summary Appeal Court
(“SAC”) for the Services, gives a right of appeal to the SAC against both the finding and punishment
at a summary hearing, and sets out the procedures and sentencing powers of the SAC. It provides
for a separate review of the CO's decisions, with a power for the reviewer to refer the matter to the
SAC.
27. Part 7: Trial by the Court Martial. This Part establishes the Court Martial and provides for its
constitution, proceedings and powers in respect of finding and sentence. It provides powers to deal
with accused persons who are unfit to stand trial or who are found to be not guilty by reason of
insanity.
28. Part 8: Sentencing powers and mandatory etc sentences. This Part makes further provision in
relation to certain sentences. It provides for consecutive sentences, the suspension of sentences of
detention, sentences of imprisonment for under 12 months, custodial sentences for young offenders,
mandatory and minimum sentences, and certain court orders which are not sentences.
29. Part 9: Sentencing: principles and procedures. This Part sets out, for the first time, the principles
that service courts and COs should apply when sentencing, and the procedures they should adopt
when determining the sentence. It reflects the principles and procedures that apply to the civilian
courts of England and Wales, which are mostly to be found in the Powers of Criminal Courts
(Sentencing) Act 2000 (“the Sentencing Act”) and the Criminal Justice Act 2003 (“the 2003 Act”).
30. Part 10: Court Martial decisions: appeals and review. This Part renames the Courts-Martial
Appeal Court as the Court Martial Appeal Court, and comprehensively amends the 1968 Act. It
makes provision for the Attorney General to refer to the CMAC a sentence passed by the Court
Martial which he considers unduly lenient. It also creates a regime for compensation for miscarriages
of justice.
31. Part 11: The Service Civilian Court. This Part establishes the SCC. The jurisdiction of the SCC
is provided for in Part 2. Part 11 provides for the court to sit anywhere outside the British Islands,
and for its constitution, proceedings and powers in respect of finding and sentence. It sets out the
right of an accused to elect trial by the Court Martial, and to appeal to the Court Martial against a
finding or sentence of the court.
32. Part 12: Service and effect of certain sentences. This Part makes provision for the commencement
of sentences and their effect on the offender in various respects, such as his rank. It makes a number
of provisions with respect to custodial sentences passed under the Act and to service custody. These
include provision for a sentence of service detention, but not one of imprisonment, to be served in
a service establishment. They also include a power to make rules about service custody (both before
and after sentence).
33. Part 13: Discipline: miscellaneous and supplementary. This Part provides for a number of
miscellaneous matters relating to discipline, including:
• drug and alcohol testing in specified circumstances and offences for non-compliance;
• powers of service courts to deal with contempt of court;
• arrest and detention by civilian authorities of persons subject to service law who desert
or are absent without leave;
• the extension in relation to the Court Martial and the SCC of the powers of the Criminal
Cases Review Commission; and
• orders (called financial penalty enforcement orders) by means of which financial penalties
under the Act may be enforced through magistrates' courts.
Second Group of Parts: Miscellaneous Matters
34. Part 14: Enlistment, terms of service etc. This Part deals with a number of matters broadly
relating to enlistment and terms of service. Among other provisions it gives the Defence Council
powers to make regulations governing the enlistment of persons into the regular forces and their
service in and discharge from those forces. It also provides a system for a person subject to service
law to apply for redress of grievances in relation to his service.
35. Part 15: Forfeitures and deductions. This Part gives the Secretary of State power to make
regulations for the purpose of making forfeitures and deductions from service pay for specified
purposes.
36. Part 16: Inquiries. This Part gives the Secretary of State power to make regulations for internal
service inquiries to investigate and report on matters referred to them.
37. Part 17: Miscellaneous. This Part makes provision about a number of discrete matters. The
matters include exemption of the Services from tolls and charges, powers to admit to a service
hospital persons outside the UK who are suffering from mental disorder, protection of children of
service families, and provision invalidating assignments of, or charges against, armed forces pay
or pensions.
Third Group of Parts: General
38. Part 18: Commanding officer and other persons with functions under Act. This Part provides
in particular for the identification of a person's CO and of higher authority in relation to a CO. It
provides for the appointment of the Director of Service Prosecutions and prosecuting officers.
39. Part 19: Supplementary. This Part defines the persons who are subject to service law and those
who are civilians subject to service discipline. It contains supplementary provisions, and definitions
applying throughout the Act. It confers power to make consequential and transitional provision,
and provides for the Act's duration, commencement and extent.
COMMENTARY
FIRST GROUP OF PARTS — DISCIPLINE
PART 1— OFFENCES
40. Part 1 sets out most of the offences which can be committed under service law. All the offences
in this Part correspond to existing offences under the SDAs, which have been revised as appropriate.
They can only be committed by persons who are subject to service law, i.e. service personnel (or,
in some cases, by persons who are “civilians subject to service discipline”: see paragraph 41 below).
A member of the reserve forces (such as the Territorial Army) is only subject to service law at
certain times (see section 367(2)). Where a section refers to an offence being committed by a person
subject to service law, this means that the individual in question must be subject to service law at
the time when the offence is committed.
41. Some offences may also be committed by civilians subject to service discipline (defined in
section 370), and are identified below.
42. The punishments which can be awarded for service offences are set out in section 164. Unless
otherwise stated, the maximum sentence which can be imposed is two years' imprisonment.
Assisting an enemy, misconduct on operations etc
Section 1: Assisting an enemy
43. This section makes it an offence for a person subject to service law to intentionally assist an
enemy in a number of specified ways, such as communicating with an enemy or providing the
enemy with supplies. Subsection (2) concerns service personnel who, having been captured,
intentionally assist the enemy. Helping the enemy in their war effort is the main way in which an
offence under subsection (2) is committed. A defence of lawful excuse applies in all circumstances;
for example service personnel might be ordered to communicate with an enemy in order to deceive
them. The maximum penalty is life imprisonment.
44. “Enemy” is widely defined in section 374\, and includes enemy troops but also, for example,
armed mutineers or rioters.
Section 2: Misconduct on operations
45. When a person subject to service law is taking part, or under orders to take part, in operations
against an enemy, or is in the vicinity of an enemy, he commits an offence if he is found to be guilty
of misconduct in the following circumstances. These are:
• surrendering or abandoning a place when under a duty to defend it (subsection (1))
• failing to do his utmost to carry out lawful commands (subsection (3))

• when carrying out certain important duties (such as guard duty) sleeping or leaving their
place of duty (subsection (4))
• making statements (or other communications) likely to cause alarm or despondency among
HM Forces or allied forces, or among accompanying civilians who are subject to service
discipline ( subsection (5))
46. In most cases no offence is committed if the person in question has a reasonable excuse for his
actions.
47. The maximum penalty for this offence is life imprisonment.
Section 3: Obstructing operations
48. Under this section a person subject to service law is guilty of an offence if he
• intentionally or recklessly puts an operation of HM Forces at risk, or
• intentionally delays or discourages such an operation.
49. There may be a good military reason for delaying, or even for discouraging, an operation, for
example because of likely adverse weather conditions or expected enemy strength. Accordingly
such conduct is only an offence if there is no lawful excuse.
50. If an offence under this section relates to an action or operation against an enemy, the maximum
penalty is life imprisonment; otherwise the maximum penalty is ten years' imprisonment.
Section 4: Looting
51. Service personnel and civilians subject to service discipline may be guilty of looting in defined
circumstances. The offence recognises that armed conflicts, natural disasters and other situations
in which service personnel may be operating can leave people and property unprotected, and provide
opportunities to steal or otherwise interfere with property. This section concerns looting in the
following circumstances:
• taking property from a person who has been killed, wounded, captured or detained during
operations of HM Forces or allied forces, or searching such a person with the intention of
taking property from him (subsection (1))
• taking property which has been left behind as a result of the operations of HM Forces, or
allied forces, or as a result of an event (such as social collapse or natural disaster) which
has resulted in such forces being present (subsection (2))
• taking any vehicle or other equipment abandoned by an enemy, unless this is done for the
public service (for example taking ammunition or vehicles for use in combat) (subsection
(3))
52. For those offences set out in subsections (1) and (2), the maximum penalty is life imprisonment.
For an offence within subsection (3) the maximum sentence is seven years' imprisonment.
Section 5: Failure to escape etc
53. It is an offence for service personnel who have been captured by an enemy:
• to fail to escape (or otherwise rejoin HM Forces), where they could reasonably be expected
to take steps to do so, or
• to intentionally prevent or discourage a member of HM Forces from taking reasonable
steps to do so.
54. Service personnel are not required to take steps which could not reasonably be expected, for
example because of the danger involved or the individual's physical condition.
55. The maximum sentence for this offence is ten years' imprisonment.
Mutiny
Section 6: Mutiny
56. A person subject to service law commits the offence of mutiny if he takes part in concerted
action to overthrow or resist the authority of those in command or to disobey authority in such a
way as to undermine discipline, or agrees to act in such a manner.
57. The maximum penalty for mutiny is life imprisonment.
Section 7: Failure to suppress mutiny
58. It is an offence if persons subject to service law fail to do what can reasonably be expected of
them to prevent or stop the concerted actions of resisting or overthrowing authority or disobeying
authority so as to undermine discipline. It is not an offence to fail to suppress the agreement to take
part in such actions. What can reasonably be expected of persons who should act to suppress mutiny
will depend on the circumstances, such as any danger involved. The worst cases of this offence
could almost amount to complicity in the mutiny itself. For this reason there is a maximum penalty
of life imprisonment.
Notes
1
CM 3999, http://www.mod.uk/issues/sdr/index.htm
Desertion and absence without leave

Section 8: Desertion
59. Under this section desertion is committed if a person subject to service law is absent without
permission and either intends:
• not to return at all, or
• to avoid service on operations against an enemy, or service abroad on operations to protect
life or property, or service on military occupation of a foreign country or territory.
60. It is an offence if the person has the necessary intention at the time of going absent or if he
develops the intention at some point during the period of absence.
61. The maximum sentence for desertion is generally two years' imprisonment. But the maximum
is life imprisonment if the offender intended to avoid a period of “active service”as defined in the
section.
Section 9: Absence without leave
62. Persons subject to service law commit an offence if they are absent from duty without permission.
The offence may be committed through negligence, or recklessness as to whether the individual's
conduct will result in such absence, or where he is intentionally absent without permission.
Section 10: Failure to cause apprehension of deserters or absentees
63. Under this section it is an offence if a person subject to service law fails to do what can
reasonably be expected of him to cause a deserter or absentee without leave (or a person attempting
to commit either offence) to be detained.
Insubordination etc
Section 11: Misconduct towards a superior officer
64. This section penalises misconduct by a person subject to service law towards a superior officer.
“Superior officer”is defined by section 374 as an officer, warrant officer or non-commissioned
officer of senior rank or rate to the offender or of the same rank or rate but having authority over
him. The offender must know or have reasonable cause to believe that his misconduct is directed
towards a superior officer. Misconduct means:
• violence against a superior officer (subsection (1))
• threatening or disrespectful behaviour towards a superior officer (subsection (2))
65. The misconduct referred to in subsection (2) includes sending communications which are
threatening or disrespectful (such as by a note or e-mail) to a superior; and threatening behaviour
is not limited to threats of violence. It would include, for example, a threat to damage the superior's
property (subsection (3)).
66. The maximum penalty for an offence involving violence or threatening behaviour is ten years'
imprisonment; disrespectful behaviour is punishable with a maximum of two years' imprisonment.
Section 12: Disobedience to lawful commands
67. Obedience to lawful commands is central to service discipline. A person who is subject to
service law and intentionally or recklessly disobeys a lawful command commits an offence. A
command in the armed forces means any order apart from routine and standing orders, which are
dealt with in section 13. A person who is negligent in carrying out a command (by failing, for
example, to consider what the order really meant) does not commit an offence under this section.
There is a separate offence which applies to negligent breaches of duty (section 15).
68. An order must be lawful; an order to do something which would amount to a crime, for example,
would not be lawful.
69. The maximum penalty for this offence is ten years' imprisonment, which reflects the fact that
obedience to some commands may be vital to the success of an operation. (This may be contrasted
with the maximum penalty of two years' imprisonment for contravening standing orders, which
are more routine in character.)
Section 13: Contravention of standing orders
70. Standing orders are routine orders, in writing, which are not temporary, and are issued by the
services. An example is the routine orders governing conduct on a particular base. Such orders are
likely to include rules on such matters as security or conduct. A breach of standing orders by a
person subject to service law or a civilian subject to service discipline is an offence, but only if
they are aware, or could reasonably be expected to be aware, of the order in question. So, for
example, a civilian member of a service family living on a military base abroad could in most
circumstances be reasonably expected to know of the standing orders applicable to that base. As
with section 12, the order itself must be lawful.
Section 14: Using force against a sentry etc
71. This section reflects the importance of accepting the instructions of service personnel controlling
the movement of members of the armed forces, in particular sentries (whether at a post or patrolling)
and those regulating traffic. It is an offence for a person subject to service law to use force against
such a member of the armed forces or, by the threat of force, to compel such a member to let him
or any other person pass.
Neglect of duty and misconduct
Section 15: Failure to attend for or perform duty etc
72. Those who are subject to service law commit an offence if they fail to attend for duty, or leave
duty before they are permitted to do so, or fail to perform a duty at all. Negligently performing a
duty is also penalised.
Section 16: Malingering
73. This section is aimed at preventing a person who is subject to service law avoiding service
either by pretending to be ill or injured or by harming himself (or arranging for someone else to
harm him) (subsection (1)). It is also an offence for a person subject to service law to help another
person subject to service law to avoid service by harming him (subsection (2)). Harm includes
physical injury as well as any disease and any impairment of a person's physical or mental condition.
Section 17: Disclosure of information useful to an enemy
74. A person who is subject to service law commits an offence if, without lawful authority, he
discloses to someone else information which he knows or has reasonable cause to believe might
be useful to an enemy. Service personnel might be authorised to make a particular disclosure or
have general authority to disclose certain information; an obvious example of authorised disclosure
would be to pass necessary information or orders to those in the same command. Conduct by service
personnel which, in England and Wales, would be an offence under the Official Secrets Acts 1911
to 1989 will be a criminal conduct offence within section 42 of the Act, and more serious offences
relating to disclosure of information are likely to be prosecuted under that section.
Section 18: Making false records etc
75. Persons subject to service law are required to make financial and other returns, and create
documents on a wide range of matters. This section concerns improper conduct in relation to
documents to be used for official purposes. Use for official purposes includes use by the armed
forces themselves or by Crown servants such as Ministry of Defence officials. “Documents” are
not just paper documents, but any record of information in any form, including computer records.
76. Improper conduct is defined as:
• making an official record (knowing or having reasonable cause to believe that it is an
official record) and being aware that it is false in a material respect (subsection (1))
• interfering with or suppressing an official document in any way (for example by removing
part of it, or destroying or concealing it), with the aim of deceiving someone else (subsection
(3))
• failing to make a record when under a duty to make one, with the aim of deceiving someone
else (subsection (4)).
77. The offence under subsection (1) also applies to a person who adopts a record made by someone
else which he knows to be false. This would include signing a record made by another so as to
confirm its accuracy.
Section 19: Conduct prejudicial to good order and discipline

78. This section penalises conduct which is prejudicial to good order and service discipline. The
offence is the same as that under section 69 of the Army Act 1955 (and similar provisions in other
SDAs). Under that section it has been decided judicially that there will be circumstances in which
conduct is prejudicial only if it is accompanied by a particular state of mind (such as dishonesty or
an intention to prejudice service discipline).
Section 20: Unfitness or misconduct through alcohol or drugs
79. Service personnel who are unfit to be entrusted with their duty or any duty which they might
reasonably be expected to perform, or whose behaviour is disorderly or likely to discredit the armed
forces, due to the influence of alcohol or any drug, commit an offence.
80. “Drug” is not limited to those drugs whose possession is unlawful. It means any drug. However,
an accused may raise a defence that a drug has been properly taken for a medicinal purpose, or
taken or administered on the orders of a superior officer (that might, for example, be the case where
a drug is taken as a precaution against the effects of a possible chemical or biological attack).
Section 21: Fighting or threatening behaviour etc
81. A person subject to service law commits an offence under this section if, without reasonable
excuse, he (a) fights another person or (b) deliberately behaves in a way which is threatening,
abusive, insulting or provocative. In the latter case his behaviour must also be likely to cause a
disturbance.
Section 22: Ill-treatment of subordinates
82. This section is concerned with ill-treatment of a person subject to service law by anyone who
is his superior in rank or authority (“superior officer”is defined in section 374). It penalises both
intentional ill-treatment, and also recklessness on the part of a superior officer where, for example,
he enforces excessively harsh discipline on a subordinate. The superior officer must know or have
reasonable grounds to believe that the person mistreated is his subordinate. Where others are
mistreated, criminal offences (such as assault) or disciplinary offences (such as conduct to the
prejudice of good order and discipline) might be appropriate.
Section 23: Disgraceful conduct of a cruel or indecent kind
83. Cruel or indecent conduct by service personnel is an offence if the circumstances, motive or
other factors render it disgraceful. For example, killing an animal may be cruel but the circumstances,
such as obtaining food to survive, may not render the conduct disgraceful, and this section would
therefore not apply.
Property offences
Section 24: Damage to or loss of public or service property
84. The care of government and service property, and the property of fellow members of the armed
forces, are significant disciplinary concerns. This section concerns damage or loss caused by service
personnel either to public or service property, or to the property of another member of the armed
forces. “Public property” is defined in sections 24 and 26, and means tangible property of government
departments, and of the devolved administrations of Scotland, Wales and Northern Ireland. It is an
offence:
• to damage or cause the loss of public or service property either intentionally, recklessly
or negligently (subsections (1) and (2)),
• to do an act that is likely to cause such damage or loss, either negligently or recklessly
(subsection (2)) (doing this intentionally would be an offence of attempting to commit an
offence within subsection (1)),
• to damage or cause the loss of property belonging to service personnel, either intentionally
or recklessly (subsection (1)).
85. The main distinctions between the treatment of public and service property on the one hand,
and the property of service personnel on the other, are that:
• negligently damaging property belonging to service personnel is not an offence under this
section.
• in relation to public or service property, reckless or negligent acts which are likely to cause
damage or loss are an offence, even if no damage is caused.
86. The maximum penalty under this section for intentional or reckless conduct which causes
damage or loss, is ten years' imprisonment. For reckless conduct which does not cause damage or
loss, and for negligent conduct, the maximum penalty is two years' imprisonment.
Section 25: Misapplying or wasting public or service property
87. Service personnel who misapply or waste any public or service property commit an offence.
“Public property” and “service property”are defined in section 26.
88. An offence under this section carries any of the punishments in the Table in section 164 except
imprisonment.
Offences against service justice
Section 27: Obstructing or failing to assist a service policeman
89. Each of the services have their own service police who are themselves members of the armed
forces. The officers of the service police are called “provost officers”.
90. This section provides that persons subject to service law or civilians subject to service discipline
may commit an offence if they obstruct, or fail to assist when called upon to do so, a service
policeman carrying out his duties or a member of the armed forces acting under the authority of a
provost officer (for example, an arrest under section 67 of the Act may be carried out by a person
who is acting with a provost officer's authority).
91. To be guilty of an offence under this section:
• the obstruction or failure to assist must be intentional, and
• the offender must know, or have reasonable cause to believe, that the person he obstructs
or fails to assist is a service policeman or a person exercising authority on behalf of a provost
officer.
Section 28: Resistance to arrest etc
92. Section 67 (which sets out the main power of arrest provided for in the Act) describes the
manner in which an arrest can be carried out. Broadly speaking, under that section a person may
simply be arrested, or (if he is a member of the armed forces) be ordered to regard himself as under
arrest (and perhaps to report to a certain person or place). Section 28 applies to service personnel
who:
• disobey an order which requires them to succumb to arrest, or
• use or threaten violence towards a person who has ordered them into arrest in the exercise
of a power granted under the Act.
93. Section 28 also penalises service personnel or civilians subject to service discipline who use
or threaten violence towards a person who has a duty to apprehend them, and who know or have
reasonable cause to believe that the person has a duty to apprehend them. The expression
“apprehend” applies both to an arrest (for the purpose of charging an offender or to prevent an
offence) and other types of lawful detention, such as capturing an offender who has escaped from
custody.
Section 29: Offences in relation to service custody
94. It is an offence for a member of the armed forces or a civilian subject to service discipline who
is in lawful custody:
• to escape, or
• to use or threaten violence against a person in whose lawful custody he is (unless the
offender has reasonable cause to believe that the custody is unlawful).
Section 30: Allowing escape, or unlawful release, of prisoners etc
95. It is an offence for a person subject to service law:
• to allow (either intentionally, recklessly or negligently) the escape of a person in his charge,
or whom it is his duty to guard, or
• to release a person in his charge, when he has no reasonable cause to believe that he has
authority to do so.
96. If the offender intentionally allows escape, or knows that he has no authority to make the release,
the maximum penalty is ten years' imprisonment. Otherwise the maximum penalty is two years.
Ships and aircraft
Section 31: Hazarding of ship
97. Causing a naval vessel to be at risk is referred to in the Royal Navy as “hazarding” a ship. In
some circumstances, for example when in action against an enemy, it is common for a ship to be
put at risk. Taking steps which are bound to damage a ship (by ramming an enemy vessel for
instance), or to destroy a ship (to prevent its capture) might in some circumstances be justified.
98. It is an offence under this section for service personnel:
• to cause a ship to be at risk, with the aim of causing damage to or the stranding of the ship,
or causing it to sink, without a lawful excuse, or
• to cause a ship to be at risk through recklessness or negligence.
99. An offender who intends to hazard a ship, or is reckless, may be sentenced to life imprisonment.
An offender who is negligent may only be sentenced up to a maximum of two years' imprisonment.
Section 32: Giving false air signals etc
100. “Air signals”, as defined in subsection (2) of this section, are of great importance for the
guidance of aircraft. A false or inaccurate signal may cause loss of life, and this is reflected in the
maximum penalty of life imprisonment for an offence under this section. It is an offence for service
personnel:
• to give a false air signal intentionally, or
• to intentionally interfere with an air signal or with equipment used for making air signals.
101. A defence of lawful excuse would apply, for example, where a member of the armed forces
has authority to correct an air signal or to adjust air signalling equipment.
Section 33: Dangerous flying etc

102. Under this section it is an offence for a member of the Armed Forces to do something when
flying or using an aircraft, or in relation to an aircraft or aircraft material, which causes, or is likely
to cause, death or injury, if he intends to cause, or is reckless or negligent about causing, death or
injury. But he is not guilty of the offence if he acts intentionally, but with lawful excuse (for example,
to prevent an aircraft falling into the hands of the enemy). Aircraft material includes parts, accessories
and armaments.
103. The section is not limited to service aircraft. It applies, for example, to service personnel who
fly a private aircraft, possibly for recreation.
104. The maximum penalty is life imprisonment if the offender intended, or was reckless about,
death or injury. The maximum is two years' imprisonment if he was negligent.
Section 34: Low flying
105. The Defence Council makes regulations governing minimum heights for flying (which vary
with the type of aircraft and other factors). Service personnel who breach the regulations commit
an offence, whether the breach is intentional, reckless or negligent. The offence does not apply to
take-off and landing, and to such other circumstances as the Defence Council may prescribe by
regulations. As with section 33, this offence is not limited to flying service aircraft.
106. In some situations, such as training, an individual who is flying an aircraft may be under the
command of another person. If the person flying an aircraft breaches a minimum height requirement
on the orders of such a person, it is the person in command who commits the offence (subsection
(2)).
Section 35: Annoyance by flying
107. This section is intended to prevent flying which is excessively intrusive or otherwise likely
to annoy members of the public. It is an offence if service personnel fly an aircraft so as to annoy
or be likely to annoy any person, unless they cannot reasonably avoid flying the aircraft in that
particular way. The offence is committed regardless of whether the person flying intends to cause
annoyance, or is reckless or negligent. As under section 34, if the flying in question is carried out
on the orders of a person who is not actually flying, it is the person in command who commits the
offence.
108. This offence is not punishable with imprisonment or dismissal with disgrace. The penalties
set out in rows 3 to 12 of the table in section 164 may be imposed.
Section 36: Inaccurate certification
109. The services have systems and equipment which require service personnel to check and certify
the safety and working condition of service ships and aircraft, or materials used in connection with
aircraft. Under this section it is an offence for a person subject to service law to make or sign a
certificate without having first checked that it is correct. In addition the Defence Council is
empowered by the section to prescribe by regulations other equipment to which the offence will
apply.
Section 37: Prize offences by officer in command of ship or aircraft
110. During an armed conflict COs are entitled to capture (as “prize”) most enemy ships and aircraft,
and any goods in them. Under International Law they must bring the captured enemy ship, aircraft
or goods to an appropriate place for a proper adjudication on whether they were lawfully seized
(and can therefore properly be deemed as “prize”). It is an offence if a person in command of a

service ship or aircraft unlawfully fails to:
• ensure that all papers which identify the captured ship or aircraft are sent to a court which
can determine whether the ship, aircraft or goods are prize, and
• bring the ship, aircraft or goods to a convenient place for adjudication.
111. The failure will not be unlawful if caused, for example, by enemy action.
Section 38: Other prize offences
112. It is an offence to ill-treat, or unlawfully take anything from, a person on board a ship or
aircraft captured as prize (see paragraph 110 above). It would not be unlawful, for example, to take
a weapon from such a person (subsection (1)).
113. Under subsection (2) it is an offence to interfere with goods found on a ship or aircraft taken
as prize. This is to ensure that all goods taken as prize reach a prize court. If goods are held by a
prize court to have been captured lawfully they may be removed from the ship or aircraft. Goods
may also be removed for safe-keeping, and where they are required for necessary use by the armed
forces or their allies.
114. A ship or aircraft may be detained either under legislation which authorises detention, or under
international law where the UK is a party to an armed conflict. International law permits the detention
of foreign ships and aircraft in certain circumstances other than as prize. Under subsection (3) it is
an offence to interfere unlawfully with goods on a detained ship or aircraft. Where interference is
permitted under international law it will also be lawful under domestic law in the UK.
Attempts, incitement, and aiding and abetting
Section 39: Attempts
115. Under this section it is an offence for a person subject to service law to attempt to commit a
service offence, or for a civilian subject to service discipline to attempt to commit one of the offences
mentioned in subsection (4). The offence is broadly similar to the offence of attempt under the
criminal law of England and Wales. Attempting to commit an offence under section 42 (criminal
conduct) is not an offence under this section but is itself an offence under section 42 (as modified
by section 43).
116. A person convicted of an offence under this section is liable to the same punishment as if he
were convicted of the offence he attempts to commit.
Section 40: Incitement
117. Under this section it is an offence for a person subject to service law to incite another person
to commit a service offence, or for a civilian subject to service discipline to incite another person
to commit one of the offences mentioned in section 39(4). The offence is broadly similar to the
offence of incitement under the criminal law of England and Wales. Incitement to commit an
offence under section 42 (criminal conduct) is not an offence under this section but is itself an
offence under section 42 (as modified by section 46).
118. A person convicted of an offence under this section is liable to the same punishment as if he
were convicted of the offence he incites the other person to commit.
Section 41: Aiding, abetting, counselling or procuring
119. Under this section it is an offence for a person subject to service law to aid, abet, counsel or
procure the commission of a service offence, or for a civilian subject to service discipline to aid,
abet, counsel or procure the commission of one of the offences mentioned in section 39(4). Aiding,
abetting, counselling or procuring the commission of an offence under section 42 (criminal conduct)
is not an offence under this section but is itself an offence under section 42 (as modified by section
47).
120. As under the criminal law of England and Wales, a person convicted of an offence under this
section may be charged, tried and punished as if he had personally committed the offence whose
commission he aids, abets, counsels or procures.
Criminal conduct
Section 42: Criminal conduct
121. Under this section it is an offence for a person subject to service law, or a civilian subject to
service discipline, to do something which is an offence under the criminal law of England and
Wales or would be such an offence if done in England or Wales.
122. The punishments available on conviction of an offence under this section depend on those
available for the civilian offence to which the offence corresponds. If the civilian offence is
punishable with imprisonment, all the punishments listed in section 164 are available, but a sentence
of imprisonment, or a fine, must not exceed the maximum that could be imposed for the
corresponding offence. If the civilian offence is not punishable with imprisonment, any punishment
listed in section 164 is available except imprisonment, dismissal with disgrace, dismissal and
detention, but again the maximum fine is the same as for the corresponding offence.
Section 43: Attempting criminal conduct

123. Under the Criminal Attempts Act 1981, an attempt is a criminal offence under the law of
England and Wales only if it is an attempt to do an act which, if done, would be an indictable
offence under that law (other than certain excluded offences). As it stands, this would mean that a
person subject to service law commits no offence under section 42 unless his intention is to do an
act which, if done, would in fact be an indictable offence under English law. This requirement
would not normally be satisfied if the intended act would have been done outside England and
Wales. This section modifies the 1981 Act so that it is sufficient for an offence under section 42 if
the intended act would be an indictable offence (other than the excluded offences) if it were done
in England or Wales. It is immaterial that it would in fact have been done outside England and
Wales.
Section 44: Trial of section 42offence of attempt
124. This section provides for the manner in which it is to be determined, at the trial of a charge
of attempt contrary to section 42, whether the defendant's act was an attempt as distinct from mere
preparation for the commission of an offence. If there is sufficient evidence to justify a finding that
the act was an attempt, it is a question of fact—and therefore, in a trial by the Court Martial, for
the members of the court other than the judge advocate—whether the act was an attempt. The
section is in similar terms to section 4(3) of the Criminal Attempts Act 1981. Section 39(8) makes
corresponding provision for the trial of a charge of attempt under that section.
Section 45: Conspiring to commit criminal conduct
125. This section modifies the Criminal Law Act 1977 (which creates the criminal offence of
conspiracy to commit an offence) so that an agreement to a course of conduct being pursued outside
England and Wales is an offence under section 42 not only if that course of conduct would in fact
involve the commission of an offence under English law, but also if the same conduct in England
or Wales would involve the commission of such an offence.
Section 46: Inciting criminal conduct
126. This section similarly modifies the common law offence of incitement so that inciting another
to do an act outside England and Wales is an offence under section 42 not only if that act would
in fact be an offence under English law, but also if the same act in England or Wales would be such
an offence.
Section 47: Aiding, abetting, counselling or procuring criminal conduct
127. This section similarly modifies the law relating to persons who aid, abet, counsel or procure
the commission of an offence under English law. The effect is that, for the purposes of section 42,
a person is to be regarded as aiding, abetting, counselling or procuring the commission of an offence
under English law if he aids, abets, counsels or procures the doing of an act outside England and
Wales which would be such an offence if done in England or Wales.
Section 48: Provision supplementary to sections 43 to 47
128. Sections 43, 45, 46 and 47 all enable acts (or intended acts) outside England and Wales to be
treated as if done (or intended to be done) in England or Wales. But those sections apply only for
the purpose of determining whether an offence under section 42 has been committed. This section
lays down a similar rule for certain related purposes, such as determining the punishments available
for an offence under section 42 committed by virtue of section 43, 45, 46 or 47.
Section 49: Air Navigation Order offences
129. The Air Navigation Order, made under the Civil Aviation Act 1982, creates offences of
misconduct on or in relation to civil aircraft. These offences do not apply to military aircraft.
130. This section enables the Secretary of State to designate particular offences created by the Air
Navigation Order. In the case of any offence so designated, the rule that the offence can only be
committed in relation to a civil aircraft is to be disregarded for the purposes of section 42. Any act
done in relation to a military aircraft will thus be an offence under section 42 if, were the aircraft
a civil aircraft, that act would be a designated offence. This is subject to the proviso that, as for any
other offence under section 42, the offender must be either subject to service law or a civilian
subject to service discipline. But a person in one of Her Majesty's aircraft in flight, if he is not
subject to service law, will necessarily be a civilian subject to service discipline under paragraph
1 of Schedule 15.
PART 2— JURISDICTION AND TIME LIMITS
Chapter 1— Jurisdiction
131. This Chapter describes the charges that the Court Martial, the SCC and a CO can hear.
Court Martial
Section 50: Jurisdiction of the Court Martial
132. This section provides that the Court Martial can try any service offence, and defines a “service
offence”.
Service Civilian Court

Section 51: Jurisdiction of the Service Civilian Court
133. Section 277 establishes the SCC. Section 51 sets out the offences as respects which the court
has jurisdiction. The court replaces the Standing Civilian Courts that were created by the Armed
Forces Act 1976. Essentially the SCC has the same jurisdiction as that of its predecessors, which
is in turn similar to the jurisdiction exercised by a magistrates' court in England and Wales.
134. The court may try any service offence (as defined in section 50) committed outside the British
Islands by a civilian who was subject to service discipline at the time of the offence, unless a listed
exception applies. The most significant exception in relation to an adult is any offence which under
the law of England and Wales can be tried only on indictment, that is, only by the Crown Court.
However, in relation to juveniles the SCC has the power (akin to that of a youth court in England
and Wales) to try offences that in relation to an adult would be indictable only, apart from the listed
homicide and firearms offences.
Commanding officers
Section 52: Charges capable of being heard summarily
135. This section defines what is meant by references in the Act to a charge which is capable of
being heard summarily. A charge falls within this category if all the conditions in subsections (2)
to (4) are satisfied.
136. Condition A is that the offence charged must be an offence that may be dealt with at summary
hearing (i.e. one of those listed in section 53).
137. Condition B prevents a charge from being heard summarily if the accused is an officer above
the rank of commander, lieutenant-colonel or wing commander, or a civilian.
138. Condition C relates to the accused's membership of a force (or, in some cases, his liability to
recall). In most cases the accused must be subject to service law, or a volunteer reservist or an
ex-regular reservist subject to an additional duties commitment, throughout the period between the
commission of the offence and the completion of the summary hearing. If the charge is one of
absence without leave on the part of a reservist, however, it is sufficient that the accused has been
a reservist (whether volunteer or ex-regular) throughout that period. If the charge is one of absence
without leave on the part of an ex-regular who is not a reservist but is liable to recall, the accused
must either be liable to recall or a member of the regular forces (i.e. actually recalled) throughout
that period.
Section 53: Offences that may be dealt with at a summary hearing
139. This section details those offences that may be heard summarily. It makes it clear that where
a criminal conduct offence may be heard summarily an offence of attempting to commit the
substantive offence may also be dealt with at a summary hearing.
140. With regard to criminal conduct offences, this section makes it clear that only those offences
that are listed in Schedule 1 may be dealt with at a summary hearing. The Secretary of State is
given the power to amend Schedule 1 by order made by statutory instrument (subject to the
“affirmative resolution” procedure which requires the order to be laid in draft before both Houses
of Parliament and be approved by resolution of each House).
Section 54: Charges which may be heard summarily only with permission or by senior officer
141. This section prevents a CO who is below the rank of rear admiral, major-general or air
vice-marshal from hearing a charge of a criminal conduct offence listed in Part 2 of Schedule 1 (or
an attempt to commit such an offence) without the permission of higher authority.
Chapter 2— Time Limits for Commencing Proceedings
142. This Chapter prescribes time limits for the bringing of charges under the Act. The time limits
in sections 55 to 60 are cumulative—that is, a charge cannot be brought outside the period specified
by any section that applies, even if another section also applies and the period specified by that
other section has not expired. In the case of a charge under the Reserve Forces Act 1996, however,
the time limit is determined by section 62 alone.
Time limits for offences other than Reserve Forces Act offences
Section 55: Time limit for charging former member of a regular or reserve force
143. Where a person is alleged to have committed a service offence while a member of a regular
or reserve force, this section provides that he cannot be charged with the offence more than six
months after he ceased to be a member. This is subject to section 61(2), which allows the charge
to be brought if the Attorney General consents.
Section 56: Time limit for charging certain members or former members of ex-regular reserve
forces
144. Where a person is alleged to have committed a service offence while he was an ex-regular
reservist subject to an additional duties commitment under section 25 of the Reserve Forces Act
1996, this section provides that he cannot be charged with the offence more than six months after
the end of that commitment. This is subject to section 61(2), which allows the charge to be brought
if the Attorney General consents.
Section 57: Time limit for charging person formerly subject to service law
145. Where a person is alleged to have committed a service offence while he was subject to service
law, and was not a volunteer reservist or an ex-regular reservist subject to an additional duties
commitment, this section provides that he cannot be charged with the offence more than six months
after he ceased to be subject to service law. This is subject to section 61(2), which allows the charge
to be brought if the Attorney General consents.
Section 58: Time limit for charging civilian formerly subject to service discipline
146. Where a person is alleged to have committed a service offence while he was a civilian subject
to service discipline, this section provides that he cannot be charged with the offence more than
six months after he ceased to be a civilian subject to service discipline. This is subject to section
61(2), which allows the charge to be brought if the Attorney General consents.
147. There are two exceptions. First, if the person became subject to service law at the same time
as ceasing to be a civilian subject to service discipline, the six month period does not begin to run
until he ceases to be subject to service law (when section 57 applies instead). Secondly, under
Schedule 15 certain civilians are subject to service discipline only while in certain designated areas
or while in any area outside the British Islands. If he ceases to be a civilian subject to service
discipline only because he left such an area but was still residing or staying in that area, the six
month period does not begin to run.
Section 59: Time limit for charging offence under section 107
148. This section sets a time limit for bringing a charge of an offence under section 107 (breach of
requirement imposed on release from custody), or adding such a charge in proceedings for another
offence. The time limit is six months from the date of the offence or two months from the date of
the suspect's apprehension, whichever is the later.
Section 60: Time limit for charging offence under section 266
149. This section sets a time limit for bringing a charge of an offence under section 266 (failure to
comply with a financial statement order). The time limit is two years from the date of the offence
or six months from the date it becomes known to the Service Prosecuting Authority, whichever is
the earlier.
Section 61: Sections 55 to 60: exceptions and interpretation
150. This section makes general provision in relation to sections 55 to 60. Its effect is mostly
explained at paragraph 142 above. Subsection (1) also makes it clear that the time limits imposed
by those sections (except Section 59) apply only to the commencement of proceedings for the
offence, and not to the addition of a charge in proceedings that have already been commenced.
Time limit for Reserve Forces Act offences
Section 62: Time limit for charging Reserve Forces Act offences
151. This section sets out the time limit for charging a person under the Act with an offence under
sections 95 to 97 of the Reserve Forces Act 1996. The time limit is the point at which all the periods
specified in subsection (1) have expired. The time limits in sections 55 to 60 do not apply.
Chapter 3— Double Jeopardy
152. This Chapter provides for the barring of service proceedings by the outcome of previous
service or civilian proceedings, and the barring of civilian proceedings by the outcome of previous
service proceedings.
Section 63: Service proceedings barring subsequent service proceedings
153. This section bars the trial or hearing of a charge of a service offence if the accused has
previously been convicted or acquitted of the offence charged, or has had it taken into consideration
when being sentenced for another offence. The section also applies where the two offences are not
identical but are related in one of the ways specified in subsection (3).
Section 64: Service proceedings barring subsequent civilian proceedings
154. This section bars the trial of a charge by a civilian court in the UK or the Isle of Man if the
accused has previously been convicted or acquitted of an offence under section 42 (criminal conduct)
or has had such an offence taken into consideration when being sentenced, and, under the double
jeopardy rules of the jurisdiction in which the court sits (i. e. England and Wales, Scotland, Northern
Ireland or the Isle of Man, as the case may be), the trial would be barred if he had been convicted
or acquitted by an English court of the corresponding civilian offence.
Section 65: Sections 63 and 64: supplementary
155. This section provides for the application of sections 63 and 64 where the DSP makes a direction
under section 127 barring future proceedings.
Section 66: Civilian proceedings barring subsequent service proceedings
156. This section bars the trial or hearing of a charge of an offence under section 42 if, under the
double jeopardy rules of England and Wales, a civilian court could not try a charge of the
corresponding civilian offence (because the accused has previously been convicted or acquitted of
that offence or a related offence). The section similarly bars the trial or hearing of a charge of any
other service offence which requires proof of an offence under English law if the accused could
not be tried for the civilian offence because he has previously been acquitted of it.
PART 3— POWERS OF ARREST, SEARCH AND ENTRY
Chapter 1— Arrest etc
157. This chapter defines the power of arrest in relation to service offences and sets out who can
be arrested, and who can arrest in relation to service offences. It also provides for a power to search
upon arrest and makes further provision permitting the person exercising this power to seize and
retain any items found during the search. For the most part, these powers are to be exercised by
the service police.
Powers of arrest
Section 67: Power of arrest for service offence
158. This section sets out the powers of arrest when it is reasonably suspected that a service offence
has been, or is being, committed. It describes who may be arrested and who can exercise the power
of arrest. The person making the arrest, or who orders someone else to arrest on his behalf, must
reasonably suspect the person to be arrested of being engaged in committing or having committed
a service offence. A service policeman may arrest any persons subject to service law, irrespective
of rank or rate, and civilians subject to service discipline.
159. Officers, warrant officers or NCOs who are not service policemen may arrest persons of
inferior rank or rate who are subject to service law, and officers may arrest civilians subject to
service discipline. Officers may also arrest other officers of any rank if they are engaged in a mutiny.
160. Persons who are not service policemen but who are lawfully exercising authority on behalf
of a provost officer may arrest persons subject to service law and civilians subject to service
discipline. In the maritime environment persons on the staff of the officer of the day (duty officer)
may arrest members of a ship's company or embarked force.
Section 68: Section 67: supplementary
161. This section makes supplementary provisions relating to the powers of arrest. Subsection (2)
ensures that section 67(3) will apply to former members of HM Forces. Such a person will be
treated for the purposes of section 67(3) as being of the rank or rate which they held when last a
member of the forces. Subsection (3) ensures that section 67(4) will apply to a person who is no
longer a civilian subject to service discipline but who is suspected of having committed an offence
while a civilian subject to service discipline. Subsection (4) ensures that it is a service policeman
who must arrest a person in respect of an offence where the consent of the Attorney General is
necessary under section 61 to charge the person with that offence.
Section 69: Power of arrest in anticipation of commission of service offence
162. This section provides a service policeman with the power to arrest a person he reasonably
suspects of being about to commit a service offence.
Search on arrest
Section 70: Search by service policeman upon arrest

163. This section permits a service policeman to search an arrested person who he has reasonable
grounds to believe may present a danger to himself or others or who may be concealing anything
which might help him escape or (in the case of an arrest under section 67 or 69) which might be
evidence relating to a service offence.
Section 71: Search by other persons upon arrest
164. This section allows a person (other than a service policeman) who is exercising a power of
arrest to search an arrested person who he has reasonable grounds to believe may present a danger
to himself or others.
165. It further allows a person other than a service policeman to search an arrested person for
anything that the arrested person might use to help him escape or which might be evidence relating
to an offence on the direction of the arrested person's CO. The CO can only direct such a search if
the assistance of a service policeman or civilian policeman cannot be obtained, and the CO has
reasonable grounds to believe that if the search is delayed the arrested person would escape or
conceal or damage evidence.
166. This section provides that a person exercising a power to search under section 70(2) or 71(4)
may search an arrested person only to the extent reasonably required to discover anything which
might help him escape from custody or which might be evidence relating to a service offence. The
search powers may not be used to require an arrested person to remove any clothing in public other
than outer clothing, but the search of the person's mouth is allowed.
Section 73: Seizure and retention after search upon arrest
167. This section sets out when persons exercising a power of search may seize and retain things
they find. Persons who search an arrested person on the grounds that he presents a danger to himself
or others and retain things they reasonably believe the person searched may use to injure him or
others.
168. Persons who exercise a power to search on the grounds that the arrested person may be
concealing anything which might help him to escape or which might be evidence relating to an
offence may seize and retain things they have reasonable grounds to believe might be used by the
arrested person to escape from custody, or which are evidence of an offence or which have been
obtained in consequence of the commission of an offence, unless those items are subject to legal
privilege.
Section 74: Power to make provision conferring power to search premises at which person
arrested
169. This section enables the Secretary of State to make by statutory instrument subject to annulment
an order providing for the power to enter and search premises equivalent to the provision of section
32 of PACE.
Chapter 2— Stop and Search
170. This chapter sets out the powers available to stop and search persons and vehicles (which
includes ships and aircraft for the purposes of this chapter). The powers available to service
policemen are closely based on those available to constables under PACE.
Section 75: Power of service policeman to stop and search persons, vehicles etc
171. This section gives a service policeman the power to stop certain persons and vehicles in a
place permitted by section 78 to search for specified things such as stolen goods or controlled drugs.
The policeman may detain a person for this purpose and seize any of the specified things if he finds
them. A list of definitions of words used is presented at section 77.
Section 76: Stop and search by persons other than service policemen
172. This section provides for others to have similar powers where a service policeman is not
available and the authorising officer has reasonable grounds to suspect that a criminal conduct
offence would be committed, or that a person who has committed such an offence would avoid
apprehension, if the powers authorised could not be exercised before it would be possible to have
the assistance of a service or UK civilian policeman.
173. The range of persons who may be searched is narrower than that available to service policemen.
It is limited (at subsection (2)) to persons subject to service law and civilians subject to service
discipline whose CO (in either case) is the authorising officer, plus persons who fall outside that
category but are reasonably believed to fall within it.
174. Subsections (3) to (5) make clear that orders may only be for the search of a particular person
or vehicle, and may only be given and conducted when the ordering or authorising officer and the
person searching have reasonable grounds to suspect that the circumstances at section 75(2) exist.
The authorisation may permit the detention of a person or vehicle for the purposes of the search,
and seizure by the searcher of the same articles which a service policeman may seize under
subsection (1)(b) and (c).
Section 78: Places in which powers under sections 75 and 76may be exercised
175. This section describes the places where powers under sections 75 and 76 may be exercised.
These include places to which the public has access, and premises used for official purposes by
HM Forces excluding service living accommodation.
Section 79: Sections 75 and 76: limitation on searching persons or vehicles in certain gardens
etc
176. This section sets out limitations in respect of the search of persons in certain gardens or on
certain other land. These limitations apply equally to service policemen and others authorised to
stop and search by virtue of sections 75 or 76. In relation to dwellings or service living
accommodation, subsections (1) and (2) set out that a person may only be searched there if the
authorising officer or service policeman has reasonable grounds to suspect he neither dwells there
nor is there with permission from a person who does. Subsections (3) and (4) apply the same
approach to the search of vehicles.
Section 80: Searches under sections 75 and 76: supplementary
177. This section sets out the safeguards with regard to the conduct of the search. It provides the
person may only be detained for the purpose of the search for such time as is reasonably required
to permit the search to be carried out. It also places certain limitations on the search of outer
garments.
Section 81: Power to make further provision about searches under sections 75 and 76
178. This section permits the Secretary of State to make further provision analogous to that in
certain sections of PACE dealing with search.
Section 82: Application of Chapter to ships and aircraft

179. This section provides that the provisions above which apply to vehicles will also apply to
ships and aircraft in the same way.
Chapter 3— Powers of Entry, Search and Seizure
180. This chapter gives powers to judge advocates (and, in limited circumstances, to COs) to
authorise the entry, normally by service police, into certain premises, the search of such premises
and the seizure and retention of anything in relation to which the search was authorised. The
provisions are based on powers in PACE and largely re-enact those in the Armed Forces Act 2001.
Entry for purposes of obtaining evidence etc

Section 83: Power of judge advocate to authorise entry and search
181. This section is based on section 8 of PACE. It is limited to relevant residential premises and
does not apply to other premises occupied by the services. This is because COs and the service
police need no statutory power to enter those other areas. A statutory power is only necessary where
the occupier would otherwise be entitled to refuse admission.
182. Subsection (1) enables judge advocates, subject to being satisfied on certain matters, to issue
warrants authorising the entry and search of relevant residential premises on the application of a
service policeman. A warrant cannot be issued for items which are subject to legal privilege,
excluded material or special procedure material (which are defined in section 84).
183. Subsection (2) sets out further conditions that must also be met for a warrant to be issued.
184. Subsection (3) authorises a service policeman to seize and retain anything for which the search
was authorised.
Section 84: Section 83: definitions
185. This section defines relevant terms used in section 83.
186. The terms “items subject to legal privilege”, “excluded material” and “special procedure
material”have the meanings given in PACE. Examples of excluded material include personal records
(such as medical records and journalists' materials), if held in confidence. An example of special
procedure material is journalists' material not held in confidence.
Section 85: Section 83: Power to make supplementary provision
187. This section enables the Secretary of State by order to make provision for the use of live
television links (or similar arrangements) for hearing an application for a warrant, where for example
a judge advocate might not be readily available as the applicant is overseas.
188. The Secretary of State may also make provisions equivalent to sections 15 and 16 of PACE.
These sections include safeguards relating to the issue and execution of warrants; for example,
searches under a warrant must usually be made at a reasonable hour and the policeman intending
to search must identify himself to the occupier. The order may make modifications to PACE
provisions to ensure that the provisions work effectively within the service system.
Section 86: Power to make provision as to access to excluded material etc
189. This section enables the Secretary of State by order to establish procedures to enable service
policemen investigating a service offence to apply to a judge advocate for a warrant for access to
excluded or special procedure material that is held in any relevant residential premises.
Section 87: Power of CO to authorise entry and search by service policeman
190. This section gives COs a limited power to authorise a service policeman to search relevant
residential premises without a warrant. The power may only be exercised where the conditions for
obtaining a warrant under section 83 exist and the CO has reasonable grounds for believing that it
is likely that the time needed to get a warrant would result in the search being frustrated or seriously
prejudiced.
191. Subsection (4) (as read with section 89) provides for the service policeman to seize and retain
anything for which the search was authorised, subject to review by a judge advocate as soon as
practicable.
Section 88: Power of CO to authorise entry and search by other persons
192. This section gives the CO a similar power to that in section 87, to authorise a member of HM
Forces who is not a service policeman to conduct the search. This power can only be used to search
service living accommodation. Such accommodation might include shared temporary accommodation
on operations overseas or on exercise.
Section 89: Review by judge advocate of certain searches under section 87 or 88
193. This section requires that where any search authorised by a CO under section 87 or 88 has
resulted in anything being seized and retained, a judge advocate must be asked to review the search,
seizure and retention as soon as practicable.
194. The section enables the Secretary of State to make provision by order governing the powers
of judge advocates in respect of these reviews.
Entry for purposes of arrest etc
Section 90: Entry for purpose of arrest etc by a service policeman
195. This section sets out the circumstances in which a service policeman can, without a warrant,
enter and search service living accommodation or other premises occupied by persons subject to
service law or civilians subject to service discipline (or reasonably believed to be such persons) to
arrest a person he reasonably believes to be there at the time. The powers of entry and search extend
to communal areas of premises in multiple occupation, such as barrack accommodation or blocks
of flats.
196. Subsection (4) sets out additional powers for a service policeman to enter the same premises
to save life or limb or prevent serious damage to property.
197. Subsection (5) limits the power of search to what is reasonably required for the purpose for
which the power of entry is exercised.
Section 91: Entry for purpose of arrest etc by other persons
198. This section enables a CO to authorise a person subject to service law (other than a service
policeman) to exercise the powers of entry for the purposes of arrest conferred by section 90 on a
service policeman.
199. Subsection (3) provides that the CO must only give such authority if he has reasonable grounds
for believing that waiting to get the assistance of a service or civilian policeman might result in the
person to be arrested evading capture, concealing or destroying evidence or being a danger to
himself or others, or result in discipline or morale being undermined.
200. This section also enables a CO to authorise a person subject to service law (other than a service
policeman) to exercise the powers of entry mentioned at paragraph 196 above, but only in relation
to certain premises and only if it is not practicable to get the assistance of a service policeman in
time to prevent the harm occurring.
201. The functions of the CO under this section may be delegated by him in accordance with
Regulations made by the Defence Council. This may, for example, allow a more junior officer to
exercise the powers in an emergency in the absence of the CO.
Additional powers of entry, search and seizure
Section 92: Power to make provision conferring powers of entry and search after arrest
202. This section gives the Secretary of State power to make by order provision dealing with the
entry and search of premises controlled by a person arrested under section 67 who is being held in
service custody without being charged. The provision that may be made would be equivalent to
that in section 18 of PACE, subject to such modifications as the Secretary of State thinks appropriate
for the service context.
Section 93: Power to make provision conferring power of seizure etc
203. This section gives the Secretary of State power to make provision by order dealing with seizure
and the power to retain property seized. The provision that may be made is equivalent to that set
out in sections 19 to 21 of PACE or section 22(1) to (4) of that Act, subject to such modifications
the Secretary of State thinks appropriate for the service context.
Chapter 4— Supplementary
Section 94: Property in possession of service police or CO
204. This section enables the Secretary of State to make provision by regulations as to the disposal
of property which has come into the possession of a service policeman or a CO in connection with
an investigation into a service offence. It is anticipated that the regulations will reflect provisions
in the Police Property Act 1897 (as amended) which gives magistrates a wide power to make orders
for the disposal of property.
205. Regulations made under this section may enable a service court or judge advocate either to
order the return of property to the person appearing to be the owner or, if the owner cannot be
found, to order its disposal as they see fit. The regulations may also allow the CO to determine to
whom the property is delivered.
206. Regulations may also establish time limits after which a decision on disposal by a service
court or judge advocate could not be challenged in civil proceedings. Such limits may not be
imposed where a decision on a disposal is made by a CO.
Section 95: Saving provision
207. This section provides that the power of a CO or service policemen to enter and search service
premises (other than service living accommodation) and service vehicles not in anybody's charge
at the time are unaffected by the provisions in this Part of the Act.
Section 97: Power to use reasonable force

208. This section permits the use of reasonable force, if necessary in the exercise of powers
authorised in Part 3 which relate to entry, search and seizure.
PART 4— CUSTODY
209. When a person is arrested under section 67 for a service offence and detained in custody the
provisions of this Part of the Act become operative.
210. This Part is divided into three Chapters. The provisions in the first Chapter apply when a
person is held in custody when he has not been charged with an offence; the second Chapter applies
when a person is held in custody following a charge of an offence; and the third Chapter sets out
a power to make rules with regard to custody proceedings.
211. The custody provisions in the Act are broadly similar to those currently operative under the
SDAs.
Chapter 1— Custody without charge
Section 98: Limitations on custody without charge
212. This provision states the general principle that a person who is arrested for a service offence
may not be kept in custody without charge except in accordance with the provisions of sections 99
to 102.
213. The section sets out the duties of a CO in relation to a person who is held without charge under
one of these exceptions: if the CO becomes aware that the grounds for keeping a person in custody
have ceased to apply and he is not aware of any other grounds that justify the custody, he must
release the arrested person. The only time when the CO does not have to release the arrested person
is if he appeared to have been unlawfully at large when he was arrested.
Section 99: Authorisation by commanding officer of custody without charge
214. This section sets out the circumstances in which a person may be held in custody without
charge: as with the current provisions it provides for authorisation of custody without charge by
the CO.
215. When a person is arrested for a service offence a report must be given to the CO as soon as
practicable. That report must state the fact of the arrest and any reasons for keeping the person in
custody without charging him with a service offence. Until the report is made, the arrested person
may be kept in service custody without charge if the person who made the arrest has reasonable
grounds for believing that to do so is necessary to secure or preserve evidence relating to the service
offence for which the person was arrested, or to obtain this evidence by questioning him.
216. When a CO receives the required report he must decide whether he has reasonable grounds
for believing that keeping the arrested person in custody without charge is necessary to secure or
preserve or obtain evidence relating to a service offence for which the person was arrested; and
that the investigation into the alleged offence is being conducted diligently and expeditiously. If
the CO is satisfied of these matters he must then decide whether to authorise the continued custody
of the arrested person. If the CO does decide that keeping the arrested person in custody without
charge is justified he may authorise continued detention for further 12 hour periods up to a maximum
of 48 hours after the time of the arrest.
217. If a person who has been arrested for an offence (offence A) is kept in service custody without
charge and is subsequently arrested for a further offence (offence B) the authorisation for custody
in respect of offence A is terminated and the CO must go through the process again in relation to
both offences A and B. Custody needs only to be justified in relation to one offence for an
authorisation to be granted, but starting the process again avoids having multiple authorisations for
custody in existence. Any authorisation for custody without charge is valid up to 48 hours from
the time of the arrest for offence A.
Section 100: Review of custody by commanding officer
218. This section sets out the duties of a CO who, under section 99, has authorised the continued
custody without charge of a person arrested for a service offence.
219. Unless certain conditions exist a CO must review the authorisation for continued custody no
later than the end of each period of custody that he has authorised. When conducting such reviews
the CO is under a duty to reconsider whether the original grounds for authorising custody without
charge remain operative.
220. The section also provides for the limited circumstances in which a review may be postponed.
If a review is postponed the CO is under a duty to carry out the review as soon as practicable after
the expiry of the last authorised period of custody.
Section 101: Extension by judge advocate of custody without charge
221. This section (together with section 102) is concerned with the extension of periods of custody
without charge by a judge advocate.
222. The CO of an arrested person who is held in custody without charge may apply to a judge
advocate for an extension of the period of custody. The judge advocate may then authorise continued
custody without charge if he is satisfied that there are reasonable grounds for believing that keeping
the arrested person in custody is necessary to secure or preserve or obtain evidence relating to a
service offence for which the person was arrested and the investigation is being conducted diligently
and expeditiously. Any authorisation for continued custody may only be for a period up to 96 hours
after the original arrest, regardless of whether there was a subsequent arrest for another offence.
223. There are limitations upon a judge advocate hearing an application for extended custody: the
arrested person must have been informed of the reasons for the application in writing and he must
be brought before the judge advocate. The arrested person is entitled to legal representation at the
hearing and if he is not legally represented but wants to be, the judge advocate must adjourn the
hearing to allow the arrested person to get legal representation (he may be kept in custody during
this time).
Section 102: Further provision about applications under section 101
224. The CO may make an application to a judge advocate for continued custody without charge
at any time before the expiry of the first 48 hours after the person's arrest, or, if it is not practicable
to make the application within this time, as soon as practicable and no later than 96 hours after the
arrest. However, if an application is made after the initial 48 hour period and it appears to the judge
advocate that it would have been reasonable for the CO to make it before the expiry of that period,
he must refuse the application.
225. If the CO does make an application for the continued custody of an arrested person after the
expiry of the initial 48 hours, his review of, and authorisation for, continued custody under section
100 may be for a period beyond the initial 48 hours, but cannot be for longer than 6 hour blocks
up to a maximum period of 96 hours after the arrest.
226. When a CO has applied to a judge advocate for the continued custody without charge of the
arrested person and the judge advocate is not satisfied that there are reasonable grounds for believing
that this is justified he must either refuse the application or adjourn the hearing of it until a later
time, but not more than 48 hours after the person's arrest (the arrested person may be kept in custody
during such an adjournment). If the judge advocate refuses an application for continued custody
before the expiry of the initial 48 hour period he has discretion to direct that the arrested person
either be charged with a service offence or be released without delay; but if he refuses an application
after the initial 48 hour period he must direct that the person either be charged with a service offence
or be released without delay.
227. All references to time periods are in relation to the first arrest if the arrested person is
subsequently arrested for another offence and held in custody without charge.
Section 103: Custody without charge: other cases
228. This section (as with its current counterparts) sets out the circumstances in which the provisions
of sections 98 to 102 are to apply other than when a person has been arrested under section 67,
namely when a person is transferred to service custody following an arrest by the civilian police
pursuant to certain provisions of the Act or in any other case where a person who is arrested by an
officer of a UK or British overseas territory police force is transferred into service custody.
Section 104: Custody without charge: supplementary
229. This section provides that the Secretary of State may provide in regulations for further matters
concerned with custody without charge.
Chapter 2— Custody etc after charge
Custody after charge
230. This Chapter deals with post-charge custody, in which case an accused person is to be brought
before a judge advocate as soon as practicable.
Section 105: Custody after charge
231. This section provides that an accused person must be brought before a judge advocate as soon
as practicable (unless he is already in service custody for the purposes of serving a sentence or
following a previous authorisation for custody by a judge advocate regarding another charge). At
a hearing the judge advocate must decide whether the accused should be released (possibly subject
to conditions) or be kept in service custody. The judge advocate is permitted to authorise keeping
the accused in service custody only if at least one of the three conditions A to C set out in the
following section is satisfied.
232. In deciding whether the conditions are met the judge advocate is under a duty to take into
account any of the matters specified that he thinks are relevant to the accused's case. If the judge
advocate does consider that one or more of the conditions is met he may authorise keeping the
accused in service custody for up to 8 days from the date of the hearing but this authorisation does
not allow the accused to be kept in custody if he is subsequently released or sentenced.
233. If the judge advocate, having heard representations in respect of condition A in the following
section, decides not to authorise the continued custody of the accused and the offence with which
the accused is charged is murder, manslaughter, rape or attempted murder or rape, the judge advocate
must state the reasons for his decision and ensure that they are properly recorded.
Section 106: Conditions A to D
234. This section sets out conditions A to C that the judge advocate must consider when deciding
whether to authorise keeping the accused in custody under section 105; additionally there is a
further condition D that applies when a judge advocate is considering whether to remand an accused
into service custody during court proceedings.
Section 107: Release from custody after charge
235. This section provides for the situation where the judge advocate decides that custody is not
appropriate, in which case the accused must be released; however, that release may be subject to
conditions if the judge advocate considers them necessary for specified purposes. This is similar
to the granting of conditional bail in the civilian system in England and Wales. If the judge advocate
does impose conditions upon the release of the accused those conditions may be varied or removed
after an application from the accused or his CO. If the accused has been released subject to conditions
and then fails without a reasonable excuse to attend any hearing to which the condition relates, he
has committed an offence and is liable to be punished with up to a maximum of 2 years'
imprisonment.
Section 108: Review of custody after charge
236. If a judge advocate has authorised custody a review must be carried out by a judge advocate
(not necessarily the same one) no later than the end of the authorised period. However, if at any
time the accused's CO considers that the reasons for authorising custody have ceased to exist he is
under a duty either to release the accused or request that a judge advocate reviews the matter, and
such a review has to be done as soon as practicable.
237. When a judge advocate is conducting such a further review all of the provisions that apply to
the initial review are operative except that if the accused is legally represented at a review hearing
and gives his consent, the judge advocate may authorise up to 28 days in custody. At his first review
hearing the accused is permitted to advance any argument of fact or law to support his application
for release but at any further review hearings the judge advocate is not obliged to hear any such
arguments that he has already heard.
Section 109: Custody during proceedings of Court Martial or Service Civilian Court
238. This section is concerned with keeping an accused in custody during proceedings before the
Court Martial or the SCC. If a review under the previous section takes place after the accused has
been arraigned before either court (i.e. the charges are put to him and he enters his plea of guilty
or not guilty), but before the court's proceedings have been concluded, the provisions that apply to
the initial authorisation of custody are to apply with modifications. Those modifications are that,
in addition to considering whether conditions A to C described above are met, the judge advocate
now also considers condition D; and if the accused has pleaded or been found guilty but is awaiting
sentence any references to the offence with which the accused has been charged are to be read as
references to the offence for which the accused is waiting to be sentenced (and references to strength
of evidence no longer apply).
Arrest after charge
Section 110: Arrest after charge or during proceedings by order of commanding officer
239. This section provides that where an accused (or offender, if he is awaiting sentence) has not
been kept in custody but his CO is satisfied that taking him into custody is justified the CO may
order the arrest of the accused and any arrest may be executed using reasonable force. When a
person is arrested under this section he must be taken before a judge advocate as soon as practicable
for his case to be reviewed.
240. The CO may only order the arrest of the accused if he has reasonable grounds for believing
that the accused will do one or more of the things specified or that he has failed to attend a court
hearing or there are reasonable grounds for believing that he has or will fail to comply with one of
the conditions of his release.
Section 111: Arrest during proceedings at direction of court
241. Where an accused who is not in custody has been arraigned before the Court Martial or SCC
but the proceedings have not concluded and a judge advocate becomes satisfied that taking the
accused into custody is justified (on the same grounds that apply to the CO in the previous section),
he may direct that the accused be arrested. The arresting policeman may use reasonable force and
exercise the various search provisions as if he was arresting the accused for a service offence under
section 67. When an accused is arrested under these provisions he must be brought before a judge
advocate as soon as practicable for the purposes of a review.
Chapter 3— Custody proceedings rules
Section 112: Custody proceedings rules
242. This section sets out power of the Secretary of State to make rules by statutory instrument
about proceedings relating to pre- and post-charge custody.
PART 5— INVESTIGATION, CHARGING AND MODE OF TRIAL
Chapter 1— Investigation
243. This Chapter imposes duties on COs with respect to the investigation of allegations of service
offences, of circumstances which indicate that a service offence may have been committed and of
other circumstances that may be prescribed.
244. It also imposes on members of the service police duties to refer certain cases to the Director
of Service Prosecutions (the “DSP”) and certain other cases to a CO. Under Chapter 2 the DSP and
the CO each have powers, for example as to the bringing of charges, in respect of cases referred
to him under Chapter 1.
245. Some provisions of Part 5 refer to a CO. But the provisions are still capable of applying to
civilians subject to service discipline, as a CO may be appointed in respect of such civilians under
section 360. The provisions of Part 5 accordingly apply in relation to civilians, except as summarised
in the Notes below.
Duties of commanding officers
Section 113: CO to ensure service police aware of possibility serious offence committed
246. Under this section, if a CO becomes aware of certain allegations or circumstances, he must
ensure that the service police are aware of them. He may find that they are already aware, or he
may need to inform them. He must do so as soon as is reasonably practicable. The duty applies to
allegations or circumstances which would suggest to a reasonable person that someone (whether
or not identified) within the CO's command may have committed any service offence listed in
Schedule 2. The service offences listed in that schedule are all inherently serious, in that it is difficult
to envisage a trivial example of any of them.
247. The section gives the Secretary of State power by order to amend Schedule 2. Under section
373, an order under this section must be approved in draft by both Houses of Parliament.
Section 114: CO to ensure service police aware of certain circumstances

248. This section requires certain officers to ensure as soon as reasonably practicable that the service
police are aware of certain circumstances. The Secretary of State may prescribe the circumstances,
and the officers on whom the duty falls, in regulations. The circumstances which may be prescribed
are not limited to where there is an indication that an offence has been committed.
Section 115: Duty of CO with respect to investigation of service offences
249. This section deals with situations (other than those in which a duty arises under section 113
or 114) in which a CO becomes aware of allegations or circumstances which would suggest to a
reasonable person that someone within his command may have committed a service offence. In
such cases the CO may ensure that, as soon as reasonably practicable, that the service police know
of the matter. Alternatively he may ensure that the matter is appropriately investigated. An
investigation other than by the service police will in many cases be appropriate, because service
offences (defined in section 50) include all offences which may be committed by service personnel
under the Act, including the less serious disciplinary offences.
Duty of service policeman following investigation
Section 116: Referral of case following investigation by service or civilian police
250. This section deals with the duties of the service police in relation to a case which they have
investigated or which has been referred to them after an investigation by a UK police force (defined
in section 375 as including civilian forces in the UK and the Isle of Man) or by an overseas police
force (defined in section 375 to include foreign service and civilian forces).
251. Under subsection (2), where a service policeman considers that there is sufficient evidence to
charge the person with a Schedule 2 offence (explained in the Note on section 113), he must refer
the case to the DSP. The same duty arises where a service policeman considers there is sufficient
evidence to charge any other service offence and he is aware of any circumstances prescribed in
regulations (these might, for example, be aggravating circumstances).
252. Where the service policeman considers that there is sufficient evidence to charge the person
with a service offence, but the circumstances do not require a reference to the DSP, he must refer
the case to the person's CO (subsection (3)).
253. Subsection (4) deals with cases where the matter has been referred to the service police either
under section 113 (possibility of a Schedule 2 offence) or section 114 (existence of prescribed
circumstances) and the service police propose not to refer the case to the DSP under subsection
(2). This might be because they propose to refer the case to the CO or because they do not consider
that any charge of a service offence should be brought. In those circumstances the service police
must consult the DSP as soon as reasonably practicable and in any case before referring the case
instead to the CO.
Section 117: Section 116: position where investigation is of multiple offences or offenders
254. This section applies where a case to which section 116 applies (one investigated by the service
police or referred to them by another force) involves more than one incident or more than one
suspect (or both).
255. The requirements of section 116 are to apply to each incident and each suspect as if they were
separate cases. However the section also empowers the Secretary of State to provide by regulations
for circumstances in which, where one case is referred to the DSP, linked cases must also be treated
as referred to the DSP.
Section 118: Duty of service policeman to notify CO of referral to DSP
256. This section applies if under section 116(2) a service policeman refers a case about a person
to the DSP. The service policeman must as soon as practicable notify the person's CO of the referral.
He must also provide the CO with any documents prescribed in regulation. The notification to the
CO must state the service offence of which the service policeman considers there is sufficient
evidence to charge the person and (if that offence is not one listed in Schedule 2) the circumstances
prescribed in regulations which bring the cases within section 116(2). The policy intention is broadly
to ensure that the CO is aware that a case about someone in his command has been referred to the
DSP and that the CO is aware what the case is about, so that the CO can provide any relevant
information about the person or the case to the DSP.
Chapter 2— Charging and Mode of Trial
257. Chapter 2 deals with the powers of COs and of the DSP to decide what charges, if any, are to
be brought. It also provides for the powers of COs in relation to cases allocated to them for summary
hearing and of the DSP in relation to cases allocated for trial by the Court Martial or the SCC.
Powers of charging etc
Section 119: Circumstances in which CO has power to charge
258. This section specifies the circumstances in which a CO has “initial powers” (specified in
section 120) in relation to a case. He has these powers if he becomes aware of anything indicating
that someone in his command may have committed a service offence, unless broadly speaking the
service police should be involved (under section 113 or 114), are already involved or (in the CO's
view) are likely to be involved by another police force.
259. The CO also has initial powers where a case is referred to him either by a service policeman
under section 116 or by the DSP under section 121.
Section 120: Power of CO to charge etc
260. This section provides that the initial powers of a CO in respect of a case are to bring charges
(but only charges which can be heard summarily under the Act) or to refer the case to the DSP.
The charges capable of being heard summarily are defined in section 52. Two effects of that
definition are that a CO has no power under this section to charge an officer above the rank of
lieutenant-colonel (or equivalent rank in the Royal Navy or RAF), and no such power to charge a
civilian subject to service discipline.
261. One effect of sections 119 and 120 taken together is that a CO cannot use initial powers to
bring charges where the service police are, or should be, aware of the case, unless the case has been
referred to the CO either by the service police or the DSP.
262. The section also empowers the Secretary of State to provide by regulations for circumstances
in which, where a CO refers one case to the DSP, linked cases must also be treated as referred to
the DSP.
263. Where a CO brings charges under this section, they are referred to in the Act as “allocated for
summary hearing”.
Section 121: Power of DSP to direct bringing of charge etc
264. This section gives powers to the DSP where he has had a case referred to him by a service
policeman (under section 116) or by a CO (under section 120). The powers are:
• to direct a CO to bring specified charges
• where he gives such a direction, to allocate the case for trial by the SCC if that court has
jurisdiction
• where he decides it would not be appropriate to give such a direction, to refer the case to
the CO (in which event, under section 119 the CO has initial powers in relation to the case)
• to give a direction (under section 127) barring further proceedings for an offence to which
the case relates.
Section 122: Charges brought at direction of DSP
265. This section provides that a CO must bring any charge which he is directed to bring by the
DSP under section 121. Unless the DSP allocates the charge to the SCC, the charge is to be regarded
as allocated for trial by the Court Martial.
Powers of commanding officer or DSP after charge etc
Section 123: Powers of CO after charge
266. Where under his initial powers under section 120 a CO charges a person with an offence triable
summarily, this section gives the CO certain powers in relation to the charge.
267. The powers are to amend the charge, substitute another charge, bring an additional charge,
discontinue proceedings or refer the charge to the DSP. But the charges must still be ones capable
of summary hearing, and any additional charge must relate to the same case. The powers may be
exercised before or after the start of a summary hearing. The amended, substituted or additional
charge is then regarded as “allocated for summary hearing”.
Section 124: CO to hear charge allocated for summary hearing
268. This section requires an accused's CO to hear charges which are allocated for summary hearing.
This duty ceases to apply to a charge, if the CO substitutes another charge, discontinues proceedings
or refers the case to the DSP, or if the accused elects to be tried by the Court Martial. The duty also
ceases to apply if either the charge ceases to meet the requirements of section 52 (requirements for
charges to be capable of being heard summarily) or the permission of a senior officer (under section
54) is needed for summary hearing and that permission is not obtained.
Section 125: Powers of DSP in respect of charge allocated for Court Martial trial
269. This section gives the DSP certain powers where a case is allocated for Court Martial trial
(under section 122). Some of the powers are broadly similar to those of a CO in respect of a charge
allocated for summary hearing. These are powers to amend the charge, substitute another charge,
bring an additional charge or discontinue proceedings. Any additional charge must relate to the
same case. Any amended, substituted or additional charge is regarded as “allocated for Court Martial
trial”, and so remains subject to the DSP's powers under this section.
270. The DSP also has powers under this section:

• to refer the charge back to the accused's CO (if the charge can be heard summarily in
accordance with section 52),
• to allocate to the SCC a charge which that court can deal with, and
the case relates.
271. The section also gives a power for the making of Court Martial rules (by the Secretary of State
under section 163) to restrict the exercise by the DSP of his powers under this section once an
accused has been asked by the Court Martial how he pleads or where a charge is referred to the
Court Martial by the SCC. Additionally the Court Martial Rules can make provision to restrict the
court's powers when it is dealing with a charge where the accused elected to be tried by the Court
Martial. This power will ensure that the Court Martial is restricted in its sentencing powers to those
that would be available to a CO if he had dealt with a charge summarily.
Section 126: Powers of DSP in respect of charge allocated for SCC trial
272. This section gives certain powers to the DSP where a case has been allocated for trial by the
SCC. The powers are equivalent to some of those of the DSP under section 125 in relation to charges
allocated for Court Martial trial. Accordingly the DSP has powers to amend the charge, substitute
another charge, bring an additional charge or discontinue proceedings. Any additional charge must
relate to the same case. Any amended, substituted or additional charge is regarded as “allocated
for Service Civilian Court trial”, and so remains subject to the DSP's powers under this section.
273. The DSP also has powers under this section:
• to allocate the charge for trial by the Court Martial (e.g. if, on reflection, it is thought to
be too serious for SCC trial) and
the case relates.
274. The section also gives a power for the making of SCC rules (by the Secretary of State under
section 288) to restrict the exercise by the DSP of his powers under this section once the SCC has
decided (under section 279) whether it should try the charge.
Section 127: Directions by DSP barring further proceedings
275. Certain provisions of the Act (sections 121, 125 and 126) empower the DSP to make a direction
under this section. This section provides that the directions that may be made are that a person is
to be treated as being acquitted of an offence for the purposes of barring either further service
proceedings or both service and civilian proceedings.
Section 128: Regulations for purposes of Part 5
276. This section empowers the Secretary of State to make regulations for the purposes of any
provision of Part 5 of the Act, for example for the delegation by COs of any of their functions under
Part 5.
PART 6— SUMMARY HEARING AND APPEALS AND REVIEW
Chapter 1— Summary Hearing
Right to elect Court Martial trial
Section 129: Right to elect Court Martial trial

277. This section requires a CO hearing a charge summarily to give the accused the opportunity to
be tried by the Court Martial. If the accused chooses to be tried by the Court Martial, the CO must
refer the charge to the DSP for Court Martial trial. Where two or more charges against the same
accused are to be heard summarily together and the accused chooses to be tried by Court Martial
in respect of one of those charges, all charges are to be referred to the DSP for trial by the Court
Martial.
278. If a summary hearing has started and any charge is amended, substituted or added after the
start of the proceedings, the accused must be given the opportunity to elect trial by the Court Martial
in respect of that charge.
Section 130: Further consequences of election for Court Martial trial
279. This section prevents the DSP from taking certain actions where an accused has elected Court
Martial trial, without the written consent of the accused. The section prevents an accused finding
himself facing a charge of a type which the CO could not have heard (which will often be a more
serious charge) as a result of his decision to be tried by the Court Martial.
280. The section also prevents an accused electing to be tried by the Court Martial in respect of a
charge which he previously consented to the DSP referring back to the CO for a summary hearing
following a previous election.
Summary hearing
Section 131: Summary hearing
281. This section gives the CO certain powers in respect of summary hearings. It allows him to
dismiss the charge at any time and requires him to do so if he determines that it has not been proved.
Where he determines that charge has been proved he must record that finding and award one or
more of the authorised punishments. In the case of findings that more than one charge has been
proved, a single award of punishment is to be made in respect of all those charges. With the exception
of “minor punishments” (which may be listed in regulations) and service compensation orders only
one punishment of each kind may be awarded in respect of a hearing.
Punishments available to commanding officer
Section 132: Punishments available to commanding officer
282. This section lists the punishments which are available to a CO who has found a charge proved.
It also places restrictions in relation to the rank or rate of a person who may receive certain
punishments from the CO.
283. Under regulations, a CO may decide the details of a minor punishment, and this provision
allows for the different circumstances COs find themselves in. A CO is also permitted to delegate
functions under minor punishment regulations.
Section 133: Detention: limits on powers
284. This section places limits on the amount of detention a CO may award and the circumstances
in which he may do so. A CO may award up to 28 days without extended powers and 90 days with
extended powers to servicemen of the lowest non-commissioned rank. However, he must have
extended powers before awarding a punishment of detention of any period to a leading rate, lance
corporal, lance bombardier or corporal in the RAF (or other air force). A CO has extended powers
where he has applied for them and had them granted by higher authority. COs of 2* rank have
inherent extended powers.
Section 134: Forfeiture of seniority: requirement for approval
285. This section requires a CO to have extended powers before awarding forfeiture of seniority.
A CO has extended powers where he has applied for them and had them granted by higher authority.
COs of 2* rank have inherent extended powers.
Section 135: Reduction in rank: limits on powers
286. This section deals with COs' powers to disrate naval ratings and reduce army and RAF
non-commissioned servicemen in rank. A CO requires extended powers to reduce in rank, save
where he proposes to reduce a lance corporal or lance bombardier (who have no equivalent ranks
in the Royal Navy or RAF and are lower than the first non-commissioned rank in those forces). A
CO may remove the acting rank of a non-commissioned service person that holds such a rank or
one substantive rank from any other non-commissioned serviceman. A CO has extended powers
for these purposes where he has applied for them and had them granted by higher authority; COs
of 2* rank or above have inherent higher authority.
287. The section makes particular provision in respect of airmen. The term “airman” covers four
ranks: aircraftman, leading aircraftman, senior aircraftman and junior technician. Whilst these four
ranks do form a hierarchy, for some branches of the RAF a junior technician might be the lowest
trained rank for his specialisation. A CO is not able to reduce a person in rank within the category
of airman, so, for example, a junior technician may not be reduced to a senior aircraftman. For an
RAF corporal any reduction in rank would be to the next highest rank applicable to his trade, and
for which he is qualified, but still within the “catch all” category of airman.
288. The Defence Council may make regulations restricting the power to reduce in rank or disrate
certain persons whose branch or trade requires them to hold a minimum rank or rate.
Section 136: Fine: maximum amount
289. This section deals with a CO's powers to fine. A CO may fine, without extended powers, an
officer or warrant officer 14 days' pay and any other person 28 days' pay (the section explains how
a day's pay is to be calculated). With extended powers he can fine an officer or warrant officer up
to 28 days' pay. A CO has extended powers where he has applied for them and had them granted
by higher authority. COs of 2* rank have inherent extended powers.
Section 137: Service compensation orders: maximum amount
290. This section sets out the maximum amount for a service compensation order (or a combination
of them) that may be awarded by a CO. The maximum is currently set at £1,000. The section also
provides that the Secretary of State may substitute for the sum specified another appropriate sum.
However, the Secretary of State may only alter the specified sum in order to stay in line with changes
to the value of money.
Section 138: Prohibited combinations of punishments
291. This section prohibits the award of certain punishments in combination with each other. It
also provides that regulations may make provision about minor punishments.
Section 139: Savings for maximum penalties for offences
292. This section places restrictions on the punishments which can be awarded by a CO when he
is hearing a criminal conduct charge either alone or in combination with a non-criminal conduct
offence. Where a CO is hearing a criminal conduct charge on its own, he may only award detention
if the Court Martial would be able to do so for that offence and any fine must not exceed that which
the Court Martial could have awarded for that offence.
293. Where the CO makes an award of punishment relating to more than one offence he may not
award detention unless the Court Martial could have done so for at least one of the offences; and,
where the offences are criminal conduct offences, he may not award a fine greater than the total of
the fines that the Court Martial could have awarded under section 42.
Chapter 2— The Summary Appeal Court
294. The Act establishes the Summary Appeal Court (“SAC”) for the Armed Services which will
replace the single-service Summary Appeal Courts that were established under the Armed Forces
Discipline Act 2000. The tri-service SAC will operate in a similar manner to the single-service
Summary Appeal Courts.
295. The SAC is a standing court, which means the court will exist continuously, may consider
more than one case at any one time and may sit in more than one place at any one time.
296. A judge advocate presides at sittings of the SAC. The SAC hears appeals against findings
made and punishments awarded at summary hearings. There is a universal right to appeal to the
SAC which supplements an accused person's right to elect trial by the Court Martial before the
start of a summary hearing. This offers those who have been dealt with summarily the opportunity
to appeal to a court that is compliant with the European Convention on Human Rights, thereby
making the entirety of the summary process ECHR-compliant.
297. An appeal against a finding takes the form of a re-hearing and is conducted in a similar manner
as an appeal that is made to the Crown Court from a decision in the magistrates' court in England
and Wales. The respondent (the other party to the appeal) is the DSP. Consequently, the rules of
evidence, with appropriate modifications, mirror those in the civilian system. Where the appeal
relates to punishment alone the re-hearing is only in relation to sentence.
Section 140: The Summary Appeal Court
298. This section establishes the SAC and specifies that there are no geographical constraints on
where it may sit. This means it could sit in the UK or, for example, in Germany or Iraq.
Section 141: Right of appeal
299. This section provides that anyone who has had a charge against him proven at a summary
hearing can appeal to the SAC. The appeal can be in respect of the finding or the punishment. The
section imposes an initial 14-day time limit for bringing an appeal, starting from the day on which
the punishment is awarded. The Court may extend this time limit if an application to extend it is
made within the initial fourteen days. The Court may also give permission to appeal to the SAC at
any time after the 14-day time limit has expired.
Section 142: Constitution of the SAC for appeals
300. This section provides that for the purpose of an appeal the SAC will be made up of a judge
advocate and two other members. The second member must be a commissioned officer but the
third member can be either a warrant officer or a commissioned officer. The second and third
members must be qualified and eligible to sit as members of the Court in accordance with sections
143 and 144.
301. The judge advocate hearing the appeal will be specified for the hearing by or on behalf of the
Judge Advocate General and the other two members will be selected by the court administration
officer.
Section 143: Officers and warrant officers qualified for membership of the SAC
302. This section provides that, subject to certain exceptions, an officer is qualified to act as a
member if he has held a commission in HM Forces for at least 3 years (or for periods totalling 3
years) or he was a warrant officer in HM Forces immediately before receiving his commission.
There is no length of service requirement for a warrant officer as a non-commissioned officer who
has attained this rank has considerable service experience (an acting warrant officer is not qualified
to sit). The exceptions to these general qualifications are listed and include lawyers and service
policemen; this is in order to prevent any actual or perceived bias that could arise if a person
connected with the service disciplinary process is appointed as a member.
Section 144: Officers and warrant officers ineligible for membership in particular
circumstances
303. This section sets out the categories of officers and warrant officers who, by virtue of any
involvement in the case which is the subject of the appeal or any command relationship with the
accused person, may not be members of the court for that particular appeal, despite being otherwise
qualified to sit as members of the SAC.
Section 145: Open court
304. This section establishes the general principle that the SAC must sit in open court. Exceptions
to this principle may be provided for in SAC rules.
Section 146: Hearing of appeals
305. This section provides that an appeal against finding will be a complete rehearing of the charge
so that all of the evidence in the case will be heard again. If the SAC does not quash the finding
(or every finding in a case where there is more than one finding being appealed against) it will go
on to rehear the evidence relevant to punishment. However, appeals against sentence alone will be
by way of a rehearing only of the evidence relevant to punishment.
306. Questions of law, procedure and practice will be decided by the judge advocate and will be
binding on the court.
Section 147: Powers of the SAC
307. At an appeal against finding the SAC can confirm the finding, quash it or substitute it with a
finding that another charge has been proved. Where the Court quashes the finding, it must also
quash the accompanying punishment. SAC rules may set down the circumstances in which a Court
may substitute a finding that another charge is proved.
308. After rehearing the evidence in respect of punishment, the SAC can confirm the punishment
or quash it and substitute another punishment. A court cannot substitute a punishment unless the
substituted punishment could have been awarded by the CO who awarded the original punishment
at the summary hearing and the court considers that it is no more severe than the original punishment.
Section 148: Effect of substituted punishment

309. This section provides that unless the SAC directs otherwise, any punishment that it substitutes
is deemed to have been awarded on the day that the CO awarded his punishment. The exception
to this general rule is when the SAC awards a punishment of detention, in which case it may either
direct that the punishment is to take effect at the end of any other period of service detention that
has been awarded to the accused on a previous occasion, or it takes effect from the day on which
the SAC awards it.
Section 149: Making of, and appeals from, decisions of the SAC
310. This section provides for decisions of the SAC to be made on the basis of a majority of the
votes of the members of the court. An appellant or a respondent may apply to the High Court to
have a case stated to challenge a decision of the SAC on the ground that it is wrong in law or in
excess of its jurisdiction. Under the SDAs, such an application could only be made by an appellant.
Section 150: Privileges of witnesses and others
311. This section provides that a witness (or anyone else who has a duty to attend the SAC) will
have the same immunities and privileges as he would have had if called before the High Court in
England and Wales.
Section 151: SAC rules
312. This section provides that the Secretary of State may make rules with respect to the SAC.
Such rules can apply any domestic legislation, with or without modification. They are to be made
by statutory instrument, subject to the “negative resolution” procedure.
Chapter 3— Review of Summary Findings and Punishments
Section 152: Review of summary findings and punishments
313. This section provides that a finding or a punishment awarded at a summary hearing can be
reviewed at any time. The review can be carried out by the Defence Council or by any officer
appointed by it to perform those functions.
314. In cases where the person to whom the finding or punishment has been awarded has not lodged
an appeal to the SAC within the time limits set out in section 141(2), the reviewing authority can
(with the SAC's permission) refer a finding or punishment to the court for consideration by it as
on appeal. Where the person to whom the finding or punishment has been awarded has appealed
to the SAC and the hearing has not been completed, the reviewing authority may notify the court
of any matter arising from the summary hearing which he considers should be brought to the notice
of the court.
315. Where the person to whom the finding or punishment has been awarded has appealed to the
SAC and the court hearing has been completed, the reviewing authority may with the court's
permission refer the finding or punishment to the court to be considered by it as on appeal. This
may happen if the reviewing authority considers that the court should be aware of a matter arising
from the summary hearing. It may happen even if the court substituted a different finding or
punishment when the appeal was heard.
316. Where the reviewing authority refers a matter to the SAC for consideration the matter will be
treated as if it is an appeal brought by the person to whom the finding or punishment relates. This
means that the person and not the reviewing authority will be the appellant.
Chapter 4— Summary Hearings etc Rules
Section 153: Summary hearings etc rules
317. This section provides that the Secretary of State may make regulations (by statutory instrument)
with respect to the summary hearing of charges by COs and hearings as regards the making of
orders activating suspended sentences of service detention passed on an offender by a CO.
PART 7— TRIAL BY COURT MARTIAL
Chapter 1— The Court Martial
Section 154: The Court Martial
318. This section establishes the Court Martial as a standing court which may sit anywhere within
or outside the UK. This is a departure from the present situation where courts-martial are convened
on an ad hoc basis.
Section 155: Constitution of the Court Martial
319. This section provides for the membership of the court for Court Martial proceedings. In
proceedings before the Court Martial there is to be a judge advocate, who shall be specified by or
on behalf of the Judge Advocate General, and lay members who will be specified by or on behalf
of the court administration officer. In most proceedings the required minimum number of lay
members will be three. This is in recognition of the fact that the majority of cases that are dealt
with by the Court Martial equate to those heard in the magistrates' courts in England and Wales
where the Bench is comprised of three lay members. However, for more serious cases the minimum
required will be five. When the minimum is to increase to five will be set down in rules made under
section 163. This section also provides for rules to be made that will set out when a judge advocate
may direct the court administration officer to specify up to two additional members of the court.
This will help to avoid trials collapsing if a lay member dropped out for some reason. Finally the
rules will also be able to set down when a judge advocate may sit alone, for example, when arraigning
a person or hearing arguments on the law.
Section 156: Officers and warrant officers qualified for membership of the Court Martial
320. This section provides for the general principle that officers and warrant officers may be
members of the Court Martial. Officers must have held their commission for at least three years
(or periods totalling 3 years), or have been warrant officers immediately prior to their commission.
Only substantive, not acting, warrant officers are qualified to be members of the Court Martial.
There are exceptions to these general qualifications for membership, and these are listed in the
section. The purpose of these exceptions is to avoid the potential of any real or perceived bias
through, for example, the involvement of persons connected to the service disciplinary system in
a trial.
Section 157: Officers and warrant officers ineligible for membership in particular
circumstances
321. This section provides for the circumstances in which officers and warrant officers who are
otherwise qualified are nevertheless ineligible for membership of the Court Martial for a particular
trial because of their involvement in investigating the charge or a command relationship with the
accused.
Chapter 2— Court Martial Proceedings
Section 160: Decisions of Court Martial: finding and sentence
322. This section provides that the finding of the Court Martial on a charge and any sentence passed
by it must be determined by a majority of the members of the court. However, the judge advocate
is not entitled to vote on the finding but if there is an equality of votes on sentence, he has a casting
vote. This provision ensures that (as in the Crown Court) the judge advocate is not involved in the
“verdict”, which is a matter for the tribunal of fact, but his expertise in sentencing matters is given
weight.
323. If there is an equal vote on finding, the person must be acquitted.
Section 161: Power of Court Martial to convict of offence other than that charged
324. This section provides that when the Court Martial finds a person not guilty of an offence but
the allegations on the charge sheet amount to allegations of another service offence, including an
attempted offence, the court may convict him of that offence.
Section 163: Court Martial rules
325. This section provides a power for the Secretary of State to make rules (by statutory instrument)
with respect to the Court Martial. These rules may govern matters such as the administration,
conduct and procedure of the Court Martial and may also create offences in respect of certain
evidence provisions and provide for powers of arrest in relation to witness summonses. The rules
may apply any enactment or subordinate legislation whenever passed or made, with or without
modifications. The rules may also provide for a “slip rule” to allow for the correction of sentencing
errors, and may provide for appeals against certain matters such as reporting restrictions that may
be ordered by a judge advocate.
Chapter 3— Punishments available to Court Martial
Section 164: Punishments available to Court Martial
326. The Table in subsection (1) specifies the punishments that may be awarded by the Court
Martial. Some of these punishments are available only for certain categories of offender or only in
certain circumstances. The Table is also subject to other provisions of the Act which impose
restrictions on the court's choice of punishments.
327. Subsection (4) enables regulations to provide that persons in specified categories (for example,
specified trades or branches) cannot be reduced or disrated below a particular rank or rate.
328. Subsection (7) gives effect to modifications made to this section by Schedule 3. That Schedule
provides an alternative Table of punishments for civilians subject to service discipline, and another
for persons previously subject to service law. The Table in section 164 applies only to offenders
to whom neither of the Tables in Schedule 3 applies.
Section 165: Sentencing powers of Court Martial where election for trial by that court instead
of CO
329. This section limits the powers of punishment of the Court Martial where it tries a person as
the result of his electing to be tried by that court. In these circumstances the Court Martial may
award a punishment up to the maximum punishment that the CO could have awarded if he had
dealt with the person summarily. Where the Court Martial convicts a person who elected trial by
it of two or more offences, the punishments it awards for both or all of them taken together must
not exceed the maximum that the CO could have awarded if he had heard them summarily. These
limitations on the powers of punishment of the Court Martial are to ensure that there is no
disincentive to a person electing trial by the Court Martial (which is an ECHR-compliant court)
instead of having his charge heard summarily.
Chapter 4— Findings of Unfitness to Stand Trial and Insanity
Introduction
330. Sections 166 to 172 enable the Court Martial to consider and determine issues of unfitness to
stand trial and insanity and make appropriate orders in relation to persons who are unfit to stand
trial or not guilty by reason of insanity. These provisions are similar to the relevant sections of the
Criminal Procedure (Insanity) Act 1964 (“the 1964 Act”), as amended by the Domestic Violence,
Crime and Victims Act 2004.
Section 166: Fitness to stand trial
331. Subsections (1) to (4) provide that on a trial by Court Martial the issue of whether the defendant
is fit to stand trial must, subject to subsections (5) and (6), be decided as soon as it arises, and is
an issue to be determined by the judge advocate alone. For the purposes of the Act, a person is unfit
to stand trial if he is suffering from such a disability that apart from the provisions of the 1964 Act,
it would preclude his being tried on indictment in England and Wales.
332. Subsection (5) provides that the judge advocate may postpone consideration of the defendant's
fitness to stand trial to the opening of the defence case if it is expedient to do so and in the defendant's
interest, and subsection (6) provides that if the defendant is found not guilty before that issue is
considered, it shall not be determined.
333. Subsection (7) provides that a judge advocate may only determine whether a defendant is fit
to stand trial after having considered the written or oral evidence of two or more registered medical
practitioners, at least one of whom must be duly approved for the purposes of section 12 of the
Mental Health Act 1983 (“the 1983 Act”).
Section 167: Finding that defendant did the act or made the omission charged
334. Subsections (1) and (2) provide that where a judge advocate has determined that a person is
unfit to stand trial, the trial shall not proceed further but the court must determine whether it is
satisfied that the defendant did the act, or omission, which constitutes the offence with which he
is charged. Subsections (3) and (4) provide that if the court determines that he did the act or omission,
it must make a finding that he did the act or omission in respect of that charge, and that if it
determines that he did not do the act or omission, it must find him not guilty of that charge.
335. Subsection (5) specifies the evidence on which a determination under subsection (2) must be
made.
336. Subsection (6) provides that section 160 (Court Martial decisions) does not apply to a
determination or finding under this section. It also provides that the question of whether the court
is satisfied that the defendant did the act or omission charged against him is to be determined by
the lay members alone, and an affirmative answer to that question may be given by a majority of
those members.
Section 168: Findings of insanity
337. This section provides that if on a trial by the Court Martial the court is satisfied that the
defendant did the act charged against him, and that at the time of that act he was insane, then the
court must find the defendant not guilty of that offence by reason of insanity.
338. Subsection (3) specifies the medical evidence required before a finding under this section may
be made.
339. Subsection (4) provides that a determination or finding under this section is to be made in the
same way as a finding under section 167 is to be made. Only the lay members of the court have a
vote; and the court is satisfied that the defendant did the act charged, and was insane, if a majority
of those members vote to that effect.
Section 169: Powers where person unfit to stand trial or not guilty by reason of insanity
340. This section provides a range of disposals when there is a finding of unfitness to stand trial
or not guilty by reason of insanity. The powers under this section may only be exercised by a judge
advocate, the lay members having no role.
341. Subsection (2) sets out the court's options on a finding of unfitness or insanity. The first is to
make a hospital order under section 37 of the 1983 Act, which can also be accompanied by a
restriction order; the second is to make a service supervision order (defined by section 170), which
is analogous to a supervision order under Schedule 1A to the 1964 Act; and the third is to order
the person's absolute discharge.
342. Subsection (3) specifies that a hospital order means an order under section 37 of the 1983 Act
and that a restriction order means an order under section 41 of that Act, both as modified by Schedule
4 to the Act. Subsection (4) provides that the criteria for imposing a hospital order, with or without
a restriction order, are those in the 1983 Act as modified.
343. Subsection (5) provides that where the sentence for the offence in question is fixed by law,
and the relevant criteria for making a hospital order are satisfied, then the court must make a hospital
order with a restriction order.
Section 170: Service supervision orders
344. This section defines service supervision orders, and sets out the conditions that must be satisfied
for them to be made. It also empowers the Secretary of State to make further provisions in regulations
in respect of them.
345. Subsection (1) provides that a “service supervision order” means an order whereby the person
in respect of whom it is made is subject to the supervision of a specified person (the “supervising
officer”) for a specified period. Under subsection (2) that period must not exceed the maximum
period of a civilian supervision order set out in the 1964 Act (currently two years).
346. Subsection (3) specifies the criteria that the court must be satisfied are met before making a
service supervision order.
347. Subsection (4) provides that a service supervision order may require, in accordance with the
regulations made pursuant to subsection (5), a supervised person to submit to medical treatment.
Section 171: Remission for trial
348. Subsection (1) empowers the Secretary of State to remit for trial by the Court Martial a person
who is the subject of a hospital order with a restriction order under section 169 if, after having
consulted the medical practitioner in charge of the person's treatment, he is satisfied that the person
is no longer unfit to stand trial.
349. Subsection (2) provides that where a person is remitted for trial under this section he must be
transferred to service custody (at which point, under subsection (3), the hospital order and restriction
order cease to have effect) and be brought as soon as practicable before a judge advocate for a
review of whether he should continue to be kept in service custody. Subsection (2)(b) provides that
on such a review he shall be treated as on a review of custody after charge under section 108.
Section 172: Provision supplementary to sections 166 and 168
350. Subsection (1) defines “duly approved” as approved by the Secretary of State for the purposes
of section 12 of the 1983 Act as having special experience in the diagnosis or treatment of mental
disorder as defined within that Act.
351. Subsection (2) provides that, subject to subsection (4), a report written by a registered medical
practitioner may be received in evidence without further proof of the signature or the professional
qualifications of the author of the report. Subsection (4) specifies certain protections for the defendant
where it is not the defence that has put the report in evidence, including a requirement to have such
a report disclosed to him (or his representative, or parent or guardian), and a right to have the report's
signatory called to give evidence.
352. Subsection (3) provides that the court may call the author of such a report to court to give
evidence.
PART 8— SENTENCING POWERS AND MANDATORY ETC SENTENCES
Chapter 1— Definition etc of Certain Sentences
353. This chapter defines, and makes further provision in relation to, some of the sentences that
are available to the Court Martial for adult offenders (all of which are set out in the Table in section
164). Some of the sentences dealt with in this Chapter are also available to a CO (see section 132),
the SCC (see section 282) or both. One of them (the service supervision and punishment order) is
unique to service law and may be imposed only on an able rate, marine, soldier or airman. The rest
are modelled on equivalent sentences available to civilian courts in England and Wales.
Service supervision and punishment orders
Section 173: Service supervision and punishment orders
354. This section defines the service supervision and punishment order. This order is based on the
minor punishment of reduction to the second class for conduct, currently available only under the
Naval Discipline Act 1957. However, it is more flexible in that it may be imposed for a period of
90, 60 or 30 days, whereas the current punishment can only be imposed for 90 days. As at present,
the offender's CO is required to review the punishment at intervals and has power to terminate it
before the expiry of the period for which it was made.
355. While the order is in force, it has two elements. First, the offender is subject to requirements
prescribed in regulations made by the Defence Council. These requirements can include (for
example) extra work and drill, or a restriction on the taking of leave. The regulations may give the
CO, or another officer to whom he has delegated his functions in this respect, a discretion to
determine the details of the activities that the offender must perform. Secondly, the offender forfeits
1/6th of his gross pay.
Section 174: Review of service supervision and punishment orders
356. This section requires a CO to review a service supervision and punishment order made in
respect of a person under his command. The times at which such a review must be carried out are
to be specified in Defence Council regulations. On a review, the CO must consider whether the
order should remain in force. If he decides that it should not, he must order that it shall immediately
cease to have effect.
357. Subsection (3) enables the Defence Council to make regulations about the criteria that a CO
must apply when reviewing an order.
358. Subsection (4) ensures that, even if the CO terminates the order, the offender will still forfeit
1/6th of his gross pay for the period when the order was in force.
Service compensation orders
Section 175: Service compensation orders
359. One of the punishments available under the SDAs is “stoppages”. This is an order to pay
compensation for personal injury, loss or damage resulting from the offence, and is enforced by
deductions from the offender's pay. A court-martial or Standing Civilian Court can also make a
compensation order against a civilian offender. The Act replaces stoppages and the compensation
order with the service compensation order, which is available for both service and civilian offenders
and closely resembles the compensation order available to civilian courts in England and Wales.
The order is enforceable in the same way as a fine, which in the case of serving personnel may
include deductions from pay under regulations made by virtue of section 342.
360. This section defines the service compensation order and provides for the circumstances in
which it can be made. The section is modelled on section 130 of the Powers of Criminal Courts
(Sentencing) Act 2000 (“the Sentencing Act”).
Section 176: Service compensation orders: appeals etc
361. This section corresponds to section 132 of the Sentencing Act. Subsection (1) ensures that
compensation awarded in favour of a person need not be paid to him until the expiry of the period
allowed for an appeal.
362. Subsection (2) enables the Supreme Court to make a service compensation order if a conviction
is quashed by the CMAC and restored by the Supreme Court.
363. Subsection (3) ensures that, where a service compensation order is made in respect of an
offence taken into consideration when sentencing a person for an offence of which he has been
convicted, and the conviction is quashed on appeal, the order ceases to have effect. It also enables
the offender to appeal against such an order.
Section 177: Review of service compensation orders
364. This section corresponds to section 133 of the Sentencing Act. It enables a service compensation
order to be reviewed, on application by the person against whom it is made, by the Court Martial
or (in the case of an order made at a summary hearing) by the person's CO. The court or CO can
discharge the order or reduce the amount payable, but only on the grounds specified in subsection
(3).
Service community orders (civilians and dismissed servicemen only)
Section 178: Service community orders
365. This section defines the service community order. This punishment is available only for
offenders aged 18 or over on conviction who are civilians, or will be civilians when the punishment
takes effect because they are also being sentenced to dismissal, and are expected to live in the UK.
It is broadly equivalent to a community order made under section 177 of the Criminal Justice Act
2003 (“the 2003 Act”), and most of the provisions that apply to such orders are extended to service
community orders.
366. A court making a service community order must impose requirements of the kind that can be
included in a community order under the 2003 Act, and must specify the local justice area (in
England and Wales), locality (in Scotland) or petty sessions district (in Northern Ireland) where
the offender lives or will live.
367. Subsection (2) makes the power to include requirements in a service community order subject
to broadly the same restrictions as the power to include them in a community order under the 2003
Act.
368. Subsections (3) to (6) apply further provisions of the 2003 Act on community orders to service
community orders.
Section 179: Periodic review etc of service community orders
369. Section 210 of the 2003 Act enables, and in some cases requires, a community order imposing
a drug rehabilitation requirement to provide for that requirement to be periodically reviewed by a
court. This is one of the provisions extended to service community orders by section 178, but
subsection (1) of this section modifies it so that the court required to review the requirement is the
Crown Court.
370. Section 211 of the 2003 Act provides for the powers of a court reviewing a drug rehabilitation
requirement under a community order. After considering the responsible officer's report, the court
can amend the requirement. It can do so only if the offender agrees to the amendment, but if he
does not agree to it the court can re-sentence him for the original offence. This section is extended
to service community orders by section 178, but subsection (2) of this section modifies it so that
the Crown Court can exercise its ordinary sentencing powers rather than those of the service court
that made the order.
371. Subsection (3) ensures that an offender re-sentenced by the Crown Court under these provisions
can appeal against the sentence.
Section 180: Transfer of service community order to Scotland or Northern Ireland
372. Parts 1 and 2 of Schedule 9 to the 2003 Act enable a civilian court in England and Wales to
make a community order where the offender lives or will live in Scotland or Northern Ireland. This
section extends those provisions so that in these circumstances a service court can make a service
community order.
373. Part 3 of Schedule 9 to the 2003 Act provides for the operation of a community order which
requires compliance in Scotland or Northern Ireland. In some circumstances a court in Scotland or
Northern Ireland can send the offender back to be dealt with by a court in England and Wales,
which might be either the Crown Court or a magistrates' court. In the case of a service community
order, however, the effect of subsection (3) is that the court dealing with the matter in England and
Wales will always be the Crown Court.
Section 181: Breach, revocation or amendment of service community order

374. Schedule 8 to the 2003 Act sets out the procedures relating to the enforcement, revocation
and amendment of community orders. This section gives effect to Part 1 of Schedule 5 to the Act,
which extends Schedule 8 to the 2003 Act so that, with some modifications, the procedures for a
service community order are the same as those for a community order under the 2003 Act.
Overseas community orders (civilians only)
Section 182: Overseas community orders
375. This section defines the overseas community order, which is available only for civilian offenders
living overseas. Like the service community order, it is broadly equivalent to a community order
made under section 177 of the 2003 Act; but, whereas the service community order is enforceable
through the civilian courts in the UK, the overseas community order is enforceable only through
service courts.
376. An overseas community order made in respect of an offender aged 18 or over on conviction
can include any of the requirements that can be included in a community order under the 2003 Act
(except an electronic monitoring requirement, which is excluded by section 183). In the case of an
offender aged under 18 on conviction, the requirements available are modified by Schedule 6 to
the Act.
Section 183: Overseas community orders: modifications of 2003 Act
377. Chapter 4 of Part 12 of the 2003 Act contains general provisions applicable to (among other
sentences) community orders. This section modifies that Chapter in its application to overseas
community orders.
378. Subsection (1) prevents certain provisions of the 2003 Act from applying to an overseas
community order. These provisions include one which prevents a court from imposing a mental
health requirement where the offender's mental condition would warrant the making of a hospital
order or guardianship order (which are not available on conviction by a service court), those relating
to periodic review of a drug rehabilitation requirement, and the power to impose an electronic
monitoring requirement.
379. Subsection (2) modifies certain provisions of the 2003 Act under which the offender can be
required to attend at premises approved by the local probation board for the area in which the
premises are situated, so that, in the case of a requirement under an overseas community order, the
approval of any local probation board will suffice.
380. Subsection (3) requires a court making an overseas community order to provide a copy of the
order to specified persons, in addition to those specified in section 219 of the 2003 Act.
381. Subsection (4) provides a definition of the “responsible officer”, for the purposes of an overseas
community order, which is broadly similar to that in section 197 of the 2003 Act, but omits the
reference to the officer being appointed for or assigned to a local justice area. Subsection (5) enables
the Secretary of State to amend this definition in the same way as he can amend the definition in
the 2003 Act.
Section 184: Breach, revocation or amendment of overseas community order
382. Schedule 8 to the 2003 Act sets out the procedures relating to the enforcement, revocation
and amendment of community orders. This section gives effect to Part 2 of Schedule 5, which
extends Schedule 8 to the 2003 Act so that, with some modifications, it applies to overseas
community orders.
Conditional or absolute discharge (civilians only)
Section 185: Conditional or absolute discharge
383. This section defines a conditional discharge and an absolute discharge. Conditional discharge
is available only for civilian offenders (see Schedule 3, paragraph 1(1) for the sentencing powers
of the Court Martial in relation to civilians, and section 282 for those of the SCC). Absolute discharge
is available for civilians and also for persons previously subject to service law (under Schedule 3,
paragraph 3(1)).
384. Subsection (1) defines a conditional discharge as an order discharging the offender on condition
that he commits no further service offence during a specified period. Under subsection (2) the
maximum period that can be specified is the same as that for which a civilian court in England and
Wales can impose a conditional discharge (currently three years).
385. An absolute discharge is defined in subsection (3) as an order that discharges the offender
absolutely (i.e. without conditions).
386. Subsection (4) prohibits a conditional or absolute discharge from being combined with any
other punishment, except a service compensation order.
Section 186: Commission of further offence by person conditionally discharged
387. Where an offender has been conditionally discharged, and is then convicted by the Court
Martial or the SCC of another offence committed during the period of discharge, this section enables
the court to re-sentence him for the original offence. It corresponds to section 13 of the Sentencing
Act.
388. Where the original conviction was by the SCC and the second conviction is by the Court
Martial, under subsection (2) the sentence passed by the Court Martial for the original offence must
be one that the SCC could pass. Where the second conviction is by the SCC, under subsection (3)
the sentence passed by the SCC must be one that it could have passed if it had just convicted the
offender of the original offence (even if it was in fact the Court Martial that convicted him of that
offence).
389. Subsection (5) ensures that the offender can appeal against a sentence passed under this section
by the Court Martial where the original conviction was by the SCC, or vice versa.
Section 187: Effect of discharge
390. This section corresponds to section 14 of the Sentencing Act. Under subsection (1), an offender
who is conditionally or absolutely discharged is deemed not to have been convicted of an offence,
except for the purposes of the proceedings in which the order was made and any re-sentencing of
the offender under section 186. Under subsection (2) this rule ceases to apply if the offender is later
re-sentenced under section 186 (provided that he was aged 18 or over when he was convicted of
the original offence).
391. Under subsection (3), where a conditional or absolute discharge is imposed the conviction is
also to be disregarded for the purposes of legislation imposing a disqualification or disability.
392. Subsection (5) ensures that the section does not affect the offender's rights of appeal, his right
not to be tried again for the same offence, or an order to restore property.
Chapter 2— Consecutive Sentences
Section 188: Consecutive custodial sentences
393. This section enables a service court, when passing a custodial sentence for a fixed period, to
make it consecutive to another sentence. The other sentence may be one that the court passes on
the same occasion, or one previously passed on him by any service court or a civilian court (including
a court outside England and Wales).
Section 189: Consecutive sentences of service detention
394. This section enables a court or CO, when passing a sentence of service detention, to make it
consecutive to another sentence of service detention passed on a previous occasion (or, in the case
of the Court Martial or the CMAC, the same occasion), provided that this does not take the total
period above two years (see section 244).
Chapter 3— Suspended Sentence of Service Detention
Section 190: Suspension of sentence of service detention
395. This section enables a court or CO, when passing a sentence of service detention, to suspend
the sentence. In that case the sentence does not come into effect unless “activated” following the
offender's conviction of another offence committed during a period of three to twelve months (“the
operational period”) specified when the sentence is passed. This is distinct from the rule that a
sentence of detention passed by a CO (even if not suspended) does not take effect until the offender
has had a chance to appeal: see sections 290 and 291.
Section 191: Activation by Court Martial of suspended sentence of service detention
396. Subsection (1) enables the Court Martial to activate a suspended sentence of service detention,
including one passed at a summary hearing, if it convicts the offender of another offence committed
during the operational period.
397. Subsection (2) further enables the Court Martial to activate a suspended sentence of service
detention passed by, or on appeal from, that court if the offender commits another service offence
or a civilian offence during the operational period and is convicted of that offence. In this case the
Court Martial may issue a summons requiring him to appear before it, or a warrant for his arrest.
398. Where the Court Martial activates a suspended sentence, under subsection (3) it can order that
the offender must serve the entire period of the original sentence or some shorter term. Under
subsection (4) it can also make the sentence consecutive to another sentence of service detention
passed on the same or a previous occasion, provided that this does not take the total period of the
sentences above two years (see section 244).
399. Where the Court Martial activates a suspended sentence on the basis of a conviction by a CO
or the SAC, and the punishment awarded by the CO or the SAC was a service supervision and
punishment order or a minor punishment, under subsection (5) any outstanding part of that
punishment is cancelled.
Section 192: Activation by Court Martial: appeals
400. Where the Court Martial makes an order under section 191 activating a suspended sentence
of service detention, this section enables the offender to appeal against the order. The CMAC can
substitute an order activating the sentence for a shorter period, or can quash the Court Martial's
order altogether.
Section 193: Activation by CO of suspended sentence of service detention
401. This section enables a CO to activate a suspended sentence of service detention passed at a
summary hearing or by the SAC (but not by the Court Martial), where he finds the offender to have
committed a further service offence during the operational period or the offender has been convicted
of a civilian offence committed during that period.
402. Where a CO activates a suspended sentence, under subsection (3) he can order that the offender
must serve the entire period of the original sentence or some shorter term. Under subsection (4) he
can also make the sentence consecutive to another sentence of service detention passed on the same
or a previous occasion. But these powers are subject to the restrictions in sections 194 and 244,
and subsection (5) provides that any provision in an order included by virtue of subsection (4) has
effect subject to section 292.
Section 194: Activation by CO: maximum term
403. This section prevents a CO from activating a suspended sentence of service detention for more
than 28 days, or making it consecutive to another sentence so that the total term exceeds 28 days,
unless he has been granted extended powers by higher authority or is of senior rank. He cannot in
any event make the activated sentence consecutive to another sentence passed by him so that the
total term exceeds 90 days.
Section 195: Suspended sentences: powers of SAC
404. This section applies where a CO has activated a suspended sentence of service detention under
section 193. Its effect is that the offender can appeal against the order activating the sentence, and
the order can be reviewed under section 152, as if the order were a punishment awarded for the
original offence.
405. Where the CO activated the suspended sentence upon finding the offender guilty of another
offence, under subsection (2) an appeal against that finding or the punishment awarded for that
offence counts as an appeal against the activation order, and an appeal against the order counts as
an appeal against the punishment. Under subsection (4) the SAC can quash the activation order or
substitute an order activating the sentence for some other period, whether shorter or longer than
that for which the CO activated the sentence; but the orders made and punishments awarded by the
SAC, in combination, must be no more severe than those made or awarded by the CO.
406. If a CO finds an offence proved and has power to activate a suspended sentence but does not
do so, and the offender appeals, subsection (5) enables the SAC to activate the suspended
sentence—but only if the activation order, in combination with the punishments awarded by the
SAC, is no more severe than the punishments awarded by the CO.
407. If a CO activates a suspended sentence on the basis that the offender has been convicted of a
civilian offence, and the offender appeals, subsection (8) enables the SAC to quash the order or to
substitute another order under section 193 which is no more severe. Subsection (9) provides that
when substituting such an order, the SAC must take account of any period of the suspended sentence
already served by the offender.
Chapter 4— Imprisonment for Term of Under 12 Months
408. This chapter deals with the powers of service courts to pass sentences of imprisonment for
less than 12 months. It applies, with modifications, provisions of the 2003 Act which enable civilian
courts in England and Wales to pass sentences of “custody plus” and to suspend a sentence of
imprisonment.
Application of provisions in the 2003 Act
Section 196: Term of sentence etc
409. Under section 181 of the 2003 Act, a sentence of imprisonment for less than 12 months passed
by a civilian court in England and Wales must include an order requiring the offender to comply,
after his release from custody, with one or more of the requirements listed in section 182 (a “custody
plus” order), unless the sentence is one of intermittent custody or is suspended in accordance with
section 189 (as to which, see section 200 below). This section extends these provisions (except
those relating to intermittent custody) to service courts, subject to modifications made by the rest
of this Chapter.
Imprisonment with or without “custody plus” order
Section 197: Imprisonment with or without a custody plus order
410. This section modifies section 181 of the 2003 Act so as to enable a service court to pass an
immediate (i.e. non-suspended) sentence of imprisonment for less than 12 months which does not
include a custody plus order. An offender on whom such a sentence is passed will serve a period
of custody determined by the court in accordance with section 181 of the 2003 Act, and following
his release will be on licence and subject to licence conditions for the remainder of the sentence
(the “licence period”), but will not be subject to any of the requirements in section 182 of the 2003
Act.
411. Subsection (3) prohibits a court from including in a custody plus order a requirement to be
complied with outside the UK. So, if the court passes an immediate sentence of imprisonment for
less than 12 months and expects the offender to reside outside the UK during the licence period
(e.g. because he is not being sentenced to dismissal from HM service, and is likely to be posted
overseas following his release from custody), the court cannot include a custody plus order in the
sentence.
Section 198: Transfer to Scotland or Northern Ireland of custody plus order
412. Paragraphs 2 and 9 of Schedule 11 to the 2003 Act enable a civilian court in England and
Wales to make a custody plus order in respect of an offender who resides or will reside in Scotland
or Northern Ireland. Subsections (1) and (2) of this section enable service courts to do the same.
413. Schedule 10 to the 2003 Act enables a civilian court in England and Wales to amend or revoke
a custody plus order. Part 4 of Schedule 11 modifies Schedule 10 in relation to a custody plus order
which requires compliance in Scotland or Northern Ireland (either because it was originally made
so as to require such compliance or because it has been amended to that effect under Schedule 10).
In certain circumstances the court that can exercise functions in relation to such an order is a court
in England and Wales (rather than one in Scotland or Northern Ireland), which might be a magistrates'
court. Where the order was originally made by a service court, however, subsection (3) ensures
that the civilian court in England and Wales responsible for exercising these functions is the Crown
Court.
Section 199: Revocation and amendment of custody plus orders
414. This section modifies Schedule 10 to the 2003 Act (which enables a civilian court in England
and Wales to amend or revoke a custody plus order) so that, in the case of a custody plus order
made by a service court, the civilian court in England and Wales with power to amend or revoke
the order is the Crown Court.
Suspended sentences of imprisonment
Section 200: Suspended sentence orders with or without community requirements
415. Section 189 of the 2003 Act allows a civilian court in England and Wales, when passing a
sentence of imprisonment for less than 12 months, to make an order (a “suspended sentence order”)
that the sentence is not to take effect immediately, but can be brought into effect if the offender
commits a further offence within a specified period (the “operational period”) or fails to comply
with one or more requirements (“community requirements”) which the order must impose. The
requirements available for this purpose include all those available for inclusion in a custody plus
order, plus some additional options. This section modifies section 189 so that a service court can
not only make a suspended sentence order including community requirements, but (unlike a civilian
court) can also make one without such requirements.
416. Subsection (5) further modifies section 189 of the 2003 Act so that a suspended sentence order
made by a service court can take effect not only if the offender fails to comply with the community
requirements (if any) or commits a civilian offence during the operational period of the order, but
also if he commits another service offence during that period.
417. Subsection (6) prohibits a court from including a community requirement to be complied with
outside the UK. So, if the court passes a suspended sentence of imprisonment and expects the
offender to reside outside the UK, the order must be one without community requirements.
Section 201: Order without community requirements: provisions not applying
418. This section ensures that the provisions of the 2003 Act relating to community requirements
do not apply to a suspended sentence order without such requirements.
Section 202: Order with community requirements: disapplication of certain provisions
419. This section prevents certain provisions of the 2003 Act, which would not make sense in
relation to a suspended sentence order made by a service court, from applying to such an order.
Section 203: Review of order with community requirements
420. Section 191 of the 2003 Act enables a suspended sentence order to provide for the order to
be periodically reviewed by a court. Subsection (1) of this section modifies section 191 so that,
where a service court makes a suspended sentence order which includes community requirements
and provides for periodic review, the court required to review the order is the Crown Court.
421. Section 210 of the 2003 Act enables, and in some cases requires, a suspended sentence order
imposing a drug rehabilitation requirement to provide for that requirement to be periodically
reviewed by a court. Subsection (2) modifies section 210 so that, where a service court makes a
suspended sentence order which includes a drug rehabilitation requirement and provides for its
periodic review, the court required to review it is the Crown Court.
422. Section 211 of the 2003 Act provides for the powers of a court reviewing a drug rehabilitation
requirement imposed under a suspended sentence order. In certain circumstances the court can
re-sentence the offender for the original offence. Subsection (3) modifies section 211 of the 2003
Act so that the Crown Court can exercise its ordinary sentencing powers rather than those of the
service court that made the order. Subsection (4) enables an offender re-sentenced by the Crown
Court to appeal to the civilian Court of Appeal.
Section 204: Transfer to Scotland or Northern Ireland of order with community requirements
423. Paragraphs 1 and 6 of Schedule 13 to the 2003 Act enable a civilian court in England and
Wales to make a suspended sentence order in respect of an offender who resides or will reside in
Scotland or Northern Ireland. Subsections (1) and (2) of this section extend this power to service
courts.
424. Schedule 12 to the 2003 Act enables a civilian court in England and Wales to make further
orders in relation to a suspended sentence order where the offender has failed to comply with its
requirements or has been convicted of a further offence, or to amend the order. Part 3 of Schedule
13 to the 2003 Act modifies Schedule 12 to the 2003 Act in relation to a suspended sentence order
which requires compliance in Scotland or Northern Ireland. In certain circumstances the court that
can exercise functions in relation to such an order is a court in England and Wales, which might
be a magistrates' court. Where the order was originally made by a service court, however, subsection
(3) ensures that the civilian court in England and Wales responsible for exercising these functions
is the Crown Court.
Section 205: Amendment of order with community requirements
425. This section modifies Part 3 of Schedule 12 to the 2003 Act (which enables a civilian court
in England and Wales to amend a suspended sentence order) so that, if the order was made by a
service court and includes community requirements, the court with power to amend it is the Crown
Court. When there is power to re-sentence the offender for the original offence, the Crown Court
has its ordinary sentencing powers (subject to the limits on the powers of the SCC, if it was the
SCC that made the order). Subsection (4) enables an offender re-sentenced by the Crown Court to
appeal to the civilian Court of Appeal.
Section 206: Suspended sentence: further conviction or breach of community requirement
426. This section gives effect to Schedule 7, which modifies Part 2 of Schedule 12 to the 2003 Act,
which provides for the activation of a suspended sentence following a breach of the community
requirements or a conviction of a further offence.
Chapter 5— Young Offenders: Custodial Sentences Available to Service Courts
427. This Chapter provides for the custodial sentences that are available to service courts (instead
of imprisonment) for offenders aged under 18.
Restriction on imposing imprisonment on persons under 18
Section 208: Prohibition on imposing imprisonment on persons under 18
428. This section ensures that service courts cannot pass a sentence of imprisonment on an offender
who is aged under 18 at the date of conviction. This mirrors the equivalent provision for criminal
courts in section 89(1) of the Sentencing Act. The minimum age set by that section is currently 21.
It is reduced to 18 by the Criminal Justice and Court Services Act 2000, but that amendment is not
yet in force. Section 373 allows transitory provision to be made for offenders aged between 18 and
20 if the amendment to the Sentencing Act is still not in force when the Act comes into force.
Detention for certain serious offences
Section 209: Offenders under 18 convicted of certain serious offences: power to detain for
specified period
429. Where a person aged under 18 is convicted by the Court Martial of an offence under section
42 (criminal conduct), this section enables the court in certain circumstances to pass a sentence of
detention for any period up to the maximum term of imprisonment that would have been available
in the case of an adult. This power is available if the offence is punishable with at least 14 years'
imprisonment, or the corresponding civilian offence is one of certain specified offences under the
Sexual Offences Act 2003 or an offence under the Firearms Act 1968 to which a minimum sentence
applies. The power cannot be exercised unless the court considers that no other available sentence
is suitable.
430. A sentence under this section corresponds broadly to the civilian sentence of detention under
section 91 of the Sentencing Act.
Section 210: Detention under section 209: place of detention etc
431. This section allows a person sentenced under section 208 to be detained in a place determined
by, or under the authority of, the Secretary of State.
Detention and training orders
Section 211: Offenders under 18: detention and training orders
432. This section enables the Court Martial and the SCC to pass a sentence resembling the detention
and training order available to civilian courts under section 100 of the Sentencing Act. This sentence
consists of a period of detention and training followed by a period of supervision. It replaces the
“custodial order” which is available under the SDAs for offenders aged 17 (and at present also for
offenders aged between 18 and 20, though in their case it will no longer be available when the
Criminal Justice and Court Services Act 2000 is fully in force). A detention and training order can
be made only if the court considers that the offence is so serious that only a custodial sentence can
be justified, or the offender will not agree to a requirement which the court had proposed to include
in a community punishment.
433. If the offender is aged under 15 when convicted, the court cannot make an order under this
section unless it is of the opinion that he is a persistent offender.
434. If the offender is under 12 when convicted, no order can be made until provision has been
made under section 100(2) of the Sentencing Act enabling civilian courts to make orders for
offenders of that age. The court must also be of the opinion that only a custodial sentence would
be adequate to protect the public from the offender.
Section 212: Term of detention and training order: general

435. This section restricts the period for which a detention and training order can be made under
section 211. The period must be 4, 6, 8, 10, 12, 18 or 24 months, and cannot exceed the maximum
term of imprisonment that would be available in the case of an adult. Where the offence is under
section 42 (criminal conduct) and the corresponding civilian offence is a summary offence punishable
with 51 weeks' imprisonment, the order can only be for 4 or 6 months.
Section 213: Application of provisions relating to civilian detention and training orders
436. This section applies to orders made under section 211 many of the provisions governing
detention and training orders made by civilian courts under section 100 of the Sentencing Act, so
that both kinds of order work in much the same way. In particular, the section enables a civilian
court in the UK (but not a service court) to deal with an offender who, following his release from
custody, fails to comply with the supervision requirements imposed by the order.
Section 214: Offences during currency of detention and training order
437. Where a person is convicted by a civilian court in England and Wales of an offence punishable
with imprisonment which he committed during the supervision period of a detention and training
order made by a civilian court, section 105 of the Sentencing Act enables the court convicting him
to make an order for his detention for a further period, up to the period of supervision that remained
outstanding at the date of the new offence. One effect of section 213 is that a civilian court in
England and Wales has the same powers in the case of a person subject to a detention and training
order made by a service court. Section 214 confers similar powers on the Court Martial and the
SCC where they convict a person of a service offence punishable with imprisonment and committed
during the supervision period of a detention and training order made by a service court.
438. The Court Martial can also exercise these powers if the offender was convicted of the new
offence by a civilian court anywhere in the British Islands, or at a summary hearing. In this case
the court can issue a summons or a warrant for the offender's arrest, so that it can consider whether
to exercise its powers.
Section 215: Section 214: definitions etc
439. This section enables two or more detention and training orders made under section 211 to be
treated as a single order for the purpose of determining whether a further offence by the offender
was committed during the term of such an order, and an order can therefore be made under section
214. It also ensures that the accommodation in which a person can be detained under section 214
is the same as that in which he could be detained under section 105 of the Sentencing Act.
Section 216: Appeals against orders under section 214
440. This section enables the offender to appeal against an order for his detention under section
214 as if it were a new sentence for the original offence.
Chapter 6— Mandatory etc Custodial Sentences for Certain Offences
441. The sections in Chapter 6 of Part 8 require the Court Martial to impose certain custodial
sentences where a person is convicted of a criminal conduct offence and a civilian court convicting
him of the corresponding offence would be required to impose such a sentence.
Mandatory sentences
Section 217: Mandatory life imprisonment
442. This section requires the court to pass a sentence of life imprisonment where such a sentence
would be mandatory in the case of the corresponding civilian offence. One such offence is murder.
If the offender was under 18 at the time of the offence, however, section 218 applies instead.
Section 218: Offenders who commit murder etc when under 18: mandatory detention at Her
Majesty's pleasure
443. Where life imprisonment is mandatory in the case of the corresponding civilian offence but
the offender was under 18 at the time of the offence, under this section the court must sentence him
to be detained during Her Majesty's pleasure.
Required sentences
444. Under each of sections 219 to 222 the Court Martial must pass a particular sentence where a
civilian court convicting the offender of the corresponding offence would be required by Chapter
5 of Part 12 of the 2003 Act to pass such a sentence. These provisions apply where the conviction
is for one of certain violent or sexual offences and in the court's view there is a significant risk of
the offender's causing serious harm by committing more such offences.
Section 219: Dangerous offenders aged 18 or over
445. Where the corresponding offence is one of those listed in Schedule 15 to the 2003 Act and
carries at least 10 years' imprisonment, and the offender is aged 18 or over when convicted, this
section requires the court to pass a sentence either of life imprisonment or of imprisonment for
public protection (which is another form of indeterminate sentence, defined by section 225(4) of
the 2003 Act). Life imprisonment is mandatory if the conditions in section 225(2) of the 2003 Act
(which determine when a civilian court would be required to pass such a sentence) are met.
Section 220: Certain violent or sexual offences: offenders aged 18 or over
446. Where the corresponding offence is listed in Schedule 15 to the 2003 Act but carries less than
10 years' imprisonment, and the offender is 18 or over, this section requires the court to pass an
extended sentence of imprisonment. This sentence is defined by section 227 of the 2003 Act. It
consists of an appropriate custodial term of at least 12 months, plus an extension period (of up to
5 years in the case of a violent offence, or 8 years in the case of a sexual offence) during which the
offender is on licence.
Section 221: Dangerous offenders aged under 18
447. Where section 219 would apply but for the offender being under 18, this section requires the
court to pass a sentence of detention for life under section 209 if the conditions in section 226(2)
of the 2003 Act (which determine when a civilian court would be required to pass such a sentence
under section 91 of the Sentencing Act) are met. If they are not met, the court must pass a sentence
of detention for public protection (another form of indeterminate sentence, defined by section
226(4) of the 2003 Act), unless the court considers that an extended sentence of detention under
section 228 of the 2003 Act (as required by section 222) would be adequate for the protection of
the public.
Section 222: Offenders aged under 18: certain violent or sexual offences
448. Where section 220 would apply but for the offender being under 18, or section 221 applies
but the court does not think that a sentence of detention for public protection is necessary, this
section requires the court to pass an extended sentence of detention. This sentence is defined by
section 228 of the 2003 Act. It consists of an appropriate custodial term of at least 12 months, plus
an extension period (of up to 5 years in the case of a violent offence, or 8 years in the case of a
sexual offence) during which the offender is on licence.
Section 223: “The required opinion” for purposes of sections 219 to 222
449. This section requires the Court Martial, in determining what sentence is required by sections
219 to 222, to apply criteria similar to those that a civilian court would be required to apply for the
purposes of sections 225 to 228 of the 2003 Act. But, as well as assessing the risk of the offender's
committing further specified offences in the UK, the Court Martial must also consider the risk of
his doing things elsewhere that would be specified offences if done in England or Wales. If he is
an adult and has previous convictions for specified offences, the court must assume that there is a
significant risk unless it considers that this would be an unreasonable conclusion.
Section 224: Place of detention under certain sentences
450. This section applies section 235 of the 2003 Act, which provides for the place in which a
person sentenced under section 226 or 228 of that Act may be detained, to a sentence under either
of those sections passed by the Court Martial as a result of section 221 or 222.
Section 225: Third drug trafficking offence
451. Section 110 of the Sentencing Act requires an adult convicted of a third class A drug trafficking
offence to be sentenced to at least seven years' imprisonment unless there are particular circumstances
which would make this unjust. Subject to that exception, this section requires the Court Martial to
impose such a sentence where it convicts an adult of a criminal conduct offence and section 110
of the Sentencing Act would apply if he were convicted by a civilian court of the corresponding
offence.
Section 226: Third domestic burglary
452. Section 111 of the Sentencing Act requires an adult convicted of a third domestic burglary to
be sentenced to at least three years' imprisonment unless there are particular circumstances which
would make this unjust. Subject to that exception, this section requires the Court Martial to impose
such a sentence where it convicts an adult of a criminal conduct offence and section 111 of the
Sentencing Act would apply if he were convicted by a civilian court of the corresponding offence.
Section 227: Firearms offences
453. Section 51A of the Firearms Act 1968 requires an adult convicted of certain offences under
that Act to be sentenced to at least five years' imprisonment if he was an adult when he committed
the offence, or three if he was aged 16 or 17, unless there are exceptional circumstances which
justify not passing such a sentence. Subject to that exception, this section requires the Court Martial
to impose such a sentence where it convicts an adult of a criminal conduct offence and section 51A
of the Firearms Act 1968 would apply if he were convicted by a civilian court of the corresponding
offence.
454. If the offender is aged under 18 when convicted, the minimum sentence required by section
51A of the Firearms Act 1968 (in the absence of exceptional circumstances) is one of three years'
detention under section 91 of the Sentencing Act. Where a person under 18 is convicted by the
Court Martial and section 51A of the Firearms Act 1968 would apply if he were convicted by a
civilian court of the corresponding offence, the minimum sentence required by this section (in the
absence of exceptional circumstances) is one of three years' detention under section 209.
Section 228: Appeals where previous convictions set aside
455. This section allows an offender extra time to appeal against his sentence if, for the purpose
of the sections in this Chapter, the court took account of a previous conviction of his which has
since been set aside on appeal.
Chapter 7— Court Orders Other Than Sentences
456. This Chapter provides for certain orders which the Court Martial and the SCC may make on
convicting a person of an offence, but which are not punishments within the meaning of the Act.
One of these orders, the service restraining order, is available even if the defendant is acquitted.
Service restraining orders
Section 229: Service restraining orders
457. This section enables the Court Martial and the SCC to make an order similar to a restraining
order under the Protection from Harassment Act 1997, on convicting or acquitting a person of an
offence. The order prohibits the defendant from doing specified things for a fixed period or until
further order. It can only be made for the purpose of protecting a person from harassment. Breach
of the order (without reasonable excuse) is a service offence punishable with five years'
imprisonment.
Section 230: Service restraining orders: supplementary
458. Subsection (1) applies the interpretation provisions of the Protection from Harassment Act
1997 for the purposes of section 229.
459. Subsection (2) applies section 12 of that Act, which prevents conduct from being treated as a
breach of a restraining order if it is certified to have related to national security, the UK's economic
well-being or the prevention or detection of serious crime. “Serious crime” is extended for this
purpose so as to include serious service offences and serious crime under the law of other countries.
460. Subsection (3) enables the CMAC, on allowing an appeal against conviction, to send the case
back to the Court Martial so that that court can consider whether to make a restraining order.
Section 231: Service restraining orders: appeals
461. This section enables a person to appeal against the making of a service restraining order where
he was acquitted, or where the order was made after he had successfully appealed against conviction.
The section does not deal with cases where the order is made on conviction, since there is a right
of appeal in such cases in any event.
Section 232: Service restraining orders: variation and revocation
462. This section enables the Court Martial to vary or revoke a service restraining order on an
application, and enables the Court Martial or the SCC to do so on convicting the person against
whom it was made of an offence under section 229.
Order for parent or guardian to enter into recognizance
Section 233: Order for service parent or service guardian to enter into recognizance
463. This section enables, and in some cases requires, the Court Martial or the SCC to exercise
powers similar to those conferred on civilian courts by section 150 of the Sentencing Act. These
powers can be exercised where a person is convicted of an offence when aged under 18, is a civilian
subject to service discipline, and has a parent or guardian who is subject to service law or is a
civilian subject to service discipline. The court can ask the parent or guardian to enter into a
recognizance to take proper care of the offender and exercise proper control over him. This involves
undertaking to pay a specified sum if the offender commits another offence within a specified
period. If the parent or guardian unreasonably refuses to enter into a recognizance, the court can
fine him.
464. If the offender is under 16 when convicted, the court must exercise these powers if satisfied
that this would be desirable in the interests of preventing him from committing more offences, and
must state its reasons if it does not do so.
Section 234: Recognizances and fines under Section 233: further provision
465. SubSection (1) restricts the amount for which a parent or guardian may be required to enter
into a recognizance, and subsection (2) restricts the period for which he may be entered to do so.
466. Subsection (3) requires the court to take into account the parent or guardian's means, in the
same way as when imposing a fine (see section 249).
467. If the court has also passed an overseas community order on the offender, subsection (4) allows
the recognizance to require his parent or guardian to ensure that he complies with that order.
468. Subsection (5) applies other provisions of the Act, relating to fines imposed on offenders, to
a fine imposed on a parent or guardian for refusing to enter into a recognizance.
Section 235: Recognizances: appeals, variation and revocation
469. Subsections (1) and (2) enable a parent or guardian to appeal against an order requiring him
to enter into a recognizance or to pay a fine for refusing to do so.
470. Subsection (4) enables the Court Martial to vary or revoke such an order.
Section 236: Forfeiture of recognizance
471. This section allows a recognizance to be forfeited if the offender commits another service
offence during the period of the recognizance. Provided that the parent or guardian is still subject
to service law or a civilian subject to service discipline, the Court Martial or the SCC on convicting
the offender of the new offence can require the parent or guardian to pay any sum up to the full
amount of the recognizance, or remit that amount.
472. When declaring that a recognizance is to be forfeited, the court can make an order under
section 251 allowing the parent or guardian time to pay, or directing that he pay in instalments.
PART 9— SENTENCING: PRINCIPLES AND PROCEDURES
Chapter 1— Principles and Procedures applying to Service Courts and Summary Hearings
General sentencing principles
Section 237: Duty to have regard to purposes of sentencing etc
473. Subsection (1) requires a service court or CO to have regard to the purposes of sentencing
when dealing with an offender for a service offence. These considerations are the same as those
set out in section 142 of the Criminal Justice Act 2003 (“the 2003 Act”), with an additional factor:
the maintenance of discipline.
474. If the offender is under 18, subsection (2) also requires the court or CO to have regard to his
welfare. This corresponds to section 44 of the Children and Young Persons Act 1933.
475. Subsection (3) dispenses with these requirements where the sentence is fixed by law, and
where Chapter 6 of Part 8 requires a particular sentence to be imposed.
Section 238: Deciding the seriousness of an offence
476. A court or CO is required to take into account certain matters when determining the seriousness
of an offence. These matters are essentially the same as those set out in section 143 of the 2003
Act.
Section 239: Reduction in sentences for guilty pleas
477. This section concerns the sentencing of offenders who have pleaded guilty (or, at a summary
hearing, admitted the offence). It reflects section 144 of the 2003 Act.
478. Subsections (1) to (3) require the court or CO to take account of how early in the proceedings
the offender indicated his intention to admit the offence, and the circumstances in which he did so.
479. Where the offender pleaded guilty to an offence to which section 225 or 226 applies (third
drug trafficking and third domestic burglary offences), subsections (4) and (5) allow the court to
reduce by up to 20 per cent the minimum sentence that would otherwise be required.
Section 240: Increase in sentence for racial or religious aggravation
480. Where a court or CO is considering the seriousness of an offence when sentencing an offender,
the court or CO must treat the fact that the offence was racially or religiously motivated as an
aggravating factor—except where the offence is one of those under the Crime and Disorder Act
1998 which are defined in terms of such aggravation, and carry a heavier sentence for that reason.
The court or CO must state in open court (or, at a summary hearing, in the offender's presence)
that the offence was so aggravated. This section reflects section 145 of the 2003 Act.
Section 241: Increase in sentence for aggravation related to disability or sexual orientation
481. This section requires a court or CO to treat as an aggravating factor the fact that the offender
demonstrated hostility based on the victim's sexual orientation or disability, or that the offence was
motivated by hostility towards persons of a particular sexual orientation or persons with a disability,
and to state in open court (or, at a summary hearing, in the offender's presence) that this is the case.
The section reflects section 146 of the 2003 Act.
Service detention and custodial sentences
482. Section 242: Service detention: general restriction
Subsection (1) prohibits a court (except the SAC) from passing a sentence of service detention
unless the offence is serious enough to warrant such a sentence. If the offender is also convicted
of other offences in the same proceedings, or is sentenced for other offences at the same time, or
other offences are taken into consideration when sentencing him, those offences are “associated”
with the offence for which he is sentenced; and a sentence of service detention can be passed if the
combination of the offence for which he is sentenced and the associated offences is serious enough
to warrant it. Subsection (4) similarly prohibits a CO or the SAC from awarding service detention
unless the offence or offences for which the offender is being sentenced is or are serious enough
to warrant it. These provisions apply to service detention a principle laid down in relation to custodial
sentences by section 152 of the 2003 Act.
483. Subsections (2) and (5) require a court or CO, when deciding whether an offence or combination
of offences is serious enough to warrant a sentence of service detention, or how long a sentence it
warrants, to take into account all available information about the circumstances of the offence or
offences. These provisions apply to service detention a principle laid down in relation to custodial
sentences by section 156(1) of the 2003 Act.
Section 243: Length of term of service detention: general provision
484. Where a sentence of service detention is passed by a court (except the SAC), subsection (2)
requires it to be for the shortest term commensurate with the seriousness of the offence and any
associated offences (see paragraph 483 above). Where such a sentence is passed by a CO or the
SAC, subsection (3) similarly requires it to be for the shortest term commensurate with the
seriousness of the offence or offences for which the offender is sentenced. The section applies to
service detention a principle laid down in relation to custodial sentences by section 153 of the 2003
Act.
Section 244: Limit on combined term of sentences of service detention
485. This section prohibits a court or CO from sentencing an offender, or activating a suspended
sentence previously imposed on him, if it would result in the offender being subject to sentences
of service detention amounting to more than two years in total. If a court or CO purports to do this,
the excess period is remitted.
Section 245: Section 244: supplementary
486. This section supplements section 244. Subsection (2) provides that where an offender has
been released from a sentence of service detention, the sentence does not count towards the two-year
maximum.
487. Subsection (3) ensures that a suspended sentence of detention does not count for the purposes
of the two-year limit unless it has been activated under section 191 or 193.
488. Subsection (4) ensures that a sentence of detention passed by a CO counts for the purposes of
the two-year limit even if the offender is not currently in custody because of the rules in section
290 or 291 (which allow him to delay starting the sentence until he has had a chance to appeal).
489. Subsection (5) ensures that, where a person has been detained continuously under two or more
sentences of detention (because one was made consecutive to another, or they were concurrent but
one was for a longer period than another), both or all of those sentences count for the purposes of
the two-year limit.
Section 246: Crediting of time in service custody: terms of imprisonment and detention
490. Where a term of imprisonment for a fixed term or a sentence of service detention is passed
on an offender who has been kept in service custody for any period since he was charged, this
section requires the court or CO to direct that time spent in custody by the offender in connection
with the offence in question or any related offence should count towards the sentence, unless the
court or CO thinks it just not to do so. This requirement may be relaxed by rules made by the
Secretary of State in certain circumstances. A court or CO deciding not to make such a direction
must state in open court why it has decided to do so. This section reflects section 240 of the 2003
Act.
Section 247: Crediting of time in service custody: supplementary
491. This section supplements section 246. Subsection (1) has the effect that section 246 applies
not only where the offender has been kept in service custody when charged with the offence for
which he is being sentenced, but also where he has been kept in service custody in connection with
a different charge based on the same facts or evidence.
492. Subsection (2) provides that if the offender has been kept in service custody or detained in
connection with other charges (which are not founded on the same facts or evidence), the fact that
he has been detained is to be ignored for the purposes of section 246.
493. Subsection (3) ensures that section 246 does not apply when a suspended sentence is passed,
but does apply if the sentence is activated.
494. Subsections (4) to (7) enable consecutive and concurrent sentences, in specified circumstances,
to be treated as a single sentence for the purposes of section 246(2).
Forfeiture of seniority and reduction in rank
Section 248: Forfeiture of seniority and reduction in rank or disrating: general restriction
495. Subsection (1) prohibits a court (except the SAC) from passing a sentence of forfeiture of
seniority, reduction in rank or disrating unless the offence and any associated offences are serious
enough to warrant such a sentence. Subsection (4) similarly prohibits a CO or the SAC from passing
such a sentence unless the offence or offences for which the offender is sentenced are serious
enough to warrant it.
496. Subsections (2) and (5) require a court or CO, when deciding whether an offence or combination
of offences is serious enough to warrant such a sentence, to take into account all available information
about the circumstances of the offence or offences.
Section 249: Fixing of fines
497. This section requires a court or CO, when fixing a fine in respect of a service offence, to
inquire into the offender's financial circumstances; to determine what those circumstances are; to
take account of those circumstances (whether that means increasing or reducing the fine) and the
circumstances of the case; and to ensure that the amount of the fine reflects the seriousness of the
offence. Section 249 reflects section 164 of the 2003 Act.
Section 250: Determination of service compensation order
498. A court or CO is required to have regard to the offender's financial circumstances when deciding
whether to make a service compensation order, and, if so, for what amount. If the offender cannot
afford to pay both a fine and compensation, compensation must be given priority. The section
reflects part of section 130 of the Sentencing Act.
Section 251: Power to allow payment of fine or service compensation order by instalments
499. This section allows a court or CO imposing a fine or a service compensation order to make a
further order allowing time to pay, or directing payment by instalments. If no order is made when
the fine or compensation order is imposed, the offender can apply to the Court Martial for such an
order at a later date. An offender can also apply to the Court Martial for the variation of such an
order. But, where the fine or compensation order was awarded by a CO and the offender is a regular
serviceman, a volunteer reservist or an ex-regular subject to an additional duties commitment,
applications must be made instead to his CO.
Reasons
Section 252: Duty to give reasons and explain sentence
500. Section 252 requires a court or CO passing sentence to explain the reasons for the sentence
(except where the sentence is fixed by law, or is required under Chapter 6 of Part 8) and the effect
of the sentence and of failing to comply. The court must also explain any power to vary or review
the sentence on application. The Secretary of State may relax these requirements in specified cases.
The section reflects part of section 174 of the 2003 Act.
501. Section 253: Duties in complying with section 252
This section specifies particular matters which a court or CO must mention or explain in complying
with the duty imposed by section 252. The section reflects part of section 174 of the 2003 Act.
Savings
Section 254: Savings for powers to mitigate sentence etc
502. Subsection (1) ensures that the sections there mentioned do not affect a court or CO's power
to mitigate a sentence by taking account of anything that the court or CO thinks relevant.
503. Subsection (2) allows one punishment within a sentence to be mitigated by another.
504. Subsection (3) allows a court passing two or more sentences to apply the principle that the
totality of the sentences properly reflects the overall seriousness of the offender's behaviour—for
example, that the total length of consecutive sentences is not disproportionate.
505. The section reflects section 166 of the 2003 Act.
Chapter 2— Principles and Procedures applying to Service Courts only
General
506. Chapter 2 of Part 9 sets out the sentencing principles and procedures which apply to service
courts but not to summary hearings.
Section 255: Individual sentence for each offence
507. At present, a court-martial (unlike a civilian court) passes a single sentence on an offender,
even if he is convicted of two or more offences. A Standing Civilian Court, on the other hand,
passes a separate sentence for each offence. This section requires both the Court Martial and the
SCC to pass a separate sentence for each offence. (A CO and the SAC, by contrast, pass a single
sentence for all the offences proved: see sections 131 and 147.)
Section 256: Pre-sentence reports
508. This section requires a service court to obtain and consider a pre-sentence report when
considering whether to pass a discretionary custodial sentence, a sentence of dismissal, dismissal
with disgrace or service detention, or a community punishment; for how long a custodial sentence,
or one of service detention, should be passed; or whether there is a significant risk of the offender
causing serious harm by committing further offences, so that sections 219 to 222 apply. The
pre-sentence report is based on an interview and analysis of the defendant and his offending history
and needs. It will contain advice about what punishment might be appropriate, and what rehabilitative
work would be likely to prove effective in reducing the risk of re-offending. The section reflects
section 156 of the 2003 Act.
509. Subsection (2) allows the court to dispense with the requirement to obtain a pre-sentence report
if it considers that it does not need one. But, if the offender is under 18, under subsection (3) the
court must not do this unless there is already a report on the offender and the court has considered
that.
510. Under subsection (4), no sentence is invalidated by a court's failure to obtain and consider a
pre-sentence report, even where the court was required to do so.
511. If the defendant appeals to the CMAC or the Court Martial against a custodial sentence, a
sentence of dismissal, dismissal with disgrace or service detention, or a community punishment,
and the lower court did not obtain a pre-sentence report, subsections (5) and (6) require the appellate
court to obtain and consider a report unless it thinks that the original court was justified in not
obtaining one, or that a report is not now needed. If the offender is under 18, however, subsection
(7) requires the appellate court to obtain a report unless it has considered a report previously
obtained.
Section 257: Pre-sentence reports: supplementary
512. This section applies the definition of a “pre-sentence report” in the 2003 Act for the purposes
of section 256, but allows reports to be prepared for service courts by social workers as well as
probation officers.
513. Subsection (4) applies the relevant provisions of section 159 of the 2003 Act, which requires
copies of a written report to be given to the offender or his legal representative and the prosecutor.
If the offender is under 18 a copy must also be given to any parent or guardian of his who is in
court; but a complete copy need not be given to such an offender, or to his parent or guardian, if
this would create a risk of significant harm to the offender. The prosecutor must not use the report
for any purpose except making representations to the court about the contents of the report.
Section 258: Mentally disordered offenders: requirement for medical report
514. This section requires a service court to obtain and consider a medical report before passing a
custodial sentence (other than one fixed by law) on an offender who is, or appears to be, mentally
disordered, unless the court considers that no such report is needed. The court must consider any
information before it relating to the offender's mental condition, and the likely effect of a custodial
sentence on that condition and on any treatment which may be available for it. If the court does
not obtain a medical report this does not invalidate the sentence, but on an appeal against sentence
the appellate court must obtain and consider a medical report. The section reflects section 157 of
the 2003 Act.
Section 259: Sentencing guidelines
515. This section requires a service court to have regard to any relevant guidelines issued by the
Sentencing Guidelines Council under section 170(9) of the 2003 Act, but provides that it may depart
from such guidelines if it thinks this is justified by any relevant features of service life or the service
disciplinary system.
Custodial sentences and service detention
Section 260: Discretionary custodial sentences: general restrictions
516. This section prohibits a service court from passing a custodial sentence (except one fixed by
law, or required under Chapter 6 of Part 8) unless it thinks the offence, or the combination of the
offence and any associated offences (see paragraph 483 above), was so serious that no less severe
sentence can be justified. The court can also pass a custodial sentence if it would have awarded a
community punishment but cannot impose a particular requirement because the offender will not
agree to it. The section reflects section 152 of the 2003 Act.
Section 261: Length of discretionary custodial sentences: general provision
517. Where a service court passes a custodial sentence (other than one fixed by law, or one required
by section 219(2) or 221(2)), this section requires the sentence to be for the shortest term
commensurate with the seriousness of the offence, or the combination of the offence and any
associated offences (see paragraph 483 above), unless Chapter 6 of Part 8 requires a longer term.
The section reflects section 153 of the 2003 Act.
Section 262: Power to recommend licence conditions
518. This section enables a service court (like a civilian court) to recommend, when passing a
sentence of imprisonment for 12 months or more, particular conditions that in its view should be
included in the offender's licence when he is released. Section 238 of the 2003 Act requires the
Secretary of State to have regard to any such recommendation when setting the licence conditions.
Section 263: Restriction on imposing custodial sentence or service detention on unrepresented
offender
519. This section prohibits a service court from passing a sentence of imprisonment, a sentence of
detention under section 209 or 218, a detention and training order or a sentence of service detention
on an offender who is not legally represented. But this does not apply if the offender refused or
failed to apply for representation after being informed of his right to apply for it, or was aged 21
or more when convicted and has previously been sentenced to imprisonment (not counting a
suspended sentence which has not been activated). The section reflects section 83 of the Sentencing
Act.
Section 264: Effect of duties to pass custodial sentences on other powers of punishment
520. This section makes it clear that, where any provision of the Act requires a court to pass a
particular custodial sentence, the court can also include in its sentence any another punishment,
except those listed in subsection (2).
Dismissal
Section 265: Dismissal: general restrictions
521. Subsections (1) and (2) prohibit a court from passing a sentence of dismissal, or dismissal
with disgrace, unless it considers that the offence (or the combination of the offence and any
associated offences: see paragraph 483 above) was serious enough to warrant such a sentence.
522. Subsections (3) to (5) prohibit the Court Martial from passing such a sentence on an offender
who is not legally represented, unless he refused or failed to apply for representation after being
informed of his right to apply for it.
Section 266: Financial statement orders
523. This section enables a service court (other than the SAC) to order an offender to give the court
a statement of his financial circumstances before it passes sentence. The offender commits a further
offence (punishable with a fine) if he fails to comply, or provides false or incomplete information.
This section reflects section 162 of the 2003 Act.
Section 267: Power of court to remit fine
524. This section enables a service court to reduce or remit a fine if it did not have full information
about the offender's financial circumstances when it imposed the fine. The section reflects section
165 of the 2003 Act.
Section 268: Order for service parent or service guardian to pay fine or compensation
525. Where the offender was convicted aged under 18, is a civilian subject to service discipline,
and has a parent or guardian who is subject to service law or who is a civilian subject to service
discipline, this section enables the court to order that parent or guardian to pay any fine or
compensation awarded against the offender. If the offender is under 16 on conviction, the court
must do so unless satisfied that this would be unreasonable, or that the parent or guardian cannot
be found. The court must give the parent or guardian an opportunity to be heard. The parent or
guardian can appeal against the order as if it were a sentence, except that the appellate court can
quash the order without substituting another. The section reflects section 137 of the Sentencing
Act.
Section 269: Fixing of fine or compensation to be paid by parent or guardian
526. Under this section, various provisions of the Act relating to the fixing of fines and compensation
orders are modified in relation to an order under section 268 that the offender's parent or guardian
must pay a fine or compensation.
Community punishments
Section 270: Community punishments: general restrictions
527. Under subsections (1) and (2)(b) a service court must not award a community punishment
unless it thinks the offence (or the combination of the offence and any associated offences: see
paragraph 483 above) was serious enough to warrant one, and the restrictions imposed must be
commensurate with the seriousness of the offence (or offences). This reflects part of section 148
of the 2003 Act. Subsection (3) requires the court to take into account all available information
about the offence in forming an opinion on these matters. But under subsection (7) (which applies
section 151 of the 2003 Act) the court can also award a community punishment if the offender has
at least three times been fined for service or civilian offences committed when he was aged 16 or
over, and the court considers that this would be in the interests of justice.
528. Subsection (2)(a) further provides that the requirements included in the order must be such as
the court considers the most suitable for the offender. This reflects part of section 148 of the 2003
Act. For this purpose subsection (4) allows the court to take into account any information about
the offender that it may have.
529. Subsections (5) and (6) allow the court, in determining what restrictions a community
punishment should impose, to have regard to any period for which the offender has been kept in
service custody since being charged with the offence or any other offence the charge for which
was founded on the same facts or evidence. This reflects section 149 of the 2003 Act.
Section 271: Civilian courts dealing with service offences
530. This section makes it clear that Part 9 does not apply where a civilian criminal court is dealing
with a person convicted of a service offence (e.g. an offence under section 95 of the Reserve Forces
Act 1996) or re-sentencing under the 2003 Act an offender who has, for example, breached an
order imposed by a service court. The principles in the Sentencing Act and the 2003 Act will apply
instead.
PART 10— COURT MARTIAL DECISIONS: APPEAL AND REVIEW
Chapter 1— Appeals from Court Martial
Section 272: Appeals to the Court Martial Appeal Court
531. This section renames the Courts-Martial Appeal Court as the Court Martial Appeal Court
(“CMAC”), in consequence of the creation of the Court Martial by section 154.
532. The section also gives effect to Schedule 8. That Schedule makes a number of amendments
to the Courts-Martial (Appeals) Act 1968, including renaming it as the Court Martial (Appeals)
Act 1968.
Chapter 2— Review of Court Martial Sentence
Section 273: Review of unduly lenient sentence by Court Martial Appeal Court
533. This section gives the Attorney General the power, equivalent to that which he has in respect
of sentences passed by the Crown Court, to refer a case to the CMAC if he considers that the
sentence passed by the Court Martial in respect of the offence is unduly lenient. This power is
exercisable only in relation to criminal conduct offences and is subject to the leave of the CMAC.
One of two conditions must be satisfied: either the corresponding offence under civilian law would,
if committed by an adult, be capable of being tried only on indictment; or the offence is one specified
in an order made by the Secretary of State.
534. On such a reference the CMAC may quash the original sentence and substitute for it another
sentence that would have been available to the Court Martial.
535. The section specifies certain circumstances in which the Attorney General may consider the
original sentence to have been unduly lenient; and it provides that, where the reference to the CMAC
relates to an order setting a minimum term for a life sentence, the CMAC may not, in deciding
what order is appropriate, allow for the fact that the offender is being sentenced for the second
time.
Section 274: Reference of point of law to Supreme Court
536. This section applies where the CMAC has concluded its review of a case under section 273
(1). It allows the Attorney General or the offender to refer to the Supreme Court a point of law
involved in any sentence passed in the proceedings. The reference cannot be made without leave
of the CMAC or the Supreme Court and the conditions for granting leave are specified. When the
Supreme Court has given its opinion on the point of law referred to it, it may then refer the case
back to the CMAC to be dealt with, or deal with the case itself, in which case it may exercise any
of the powers that would have been available to the CMAC.
Section 275: Power to make supplementary provision about review of sentence
537. This section enables the Secretary of State to make provision by regulations with respect to
references under sections 273 and 274, including provision on applications and procedure.
Chapter 3— Compensation for Miscarriages of Justice
Section 276: Compensation for miscarriages of justice
538. This section makes provision for the payment of compensation to a person who has been
subject to a miscarriage of justice by the Court Martial. It mirrors the civilian equivalent in section
133 of the Criminal Justice Act 1988.
539. Compensation payments are made by the Secretary of State, but this is subject to subsections
(2) and (3). Subsection (2) provides that if the conviction was the result of the applicant failing to
disclose, wholly or in part, the “unknown fact” which led to the miscarriage of justice, he is not
entitled to compensation under this section. Subsection (3) provides that compensation is not payable
under this provision unless an application for such compensation has been made to the Secretary
of State.
540. The Secretary of State has the power to determine whether there is a right to compensation
under subsection (4). Where he determines that there is such a right, subsection (5) provides that
the amount of compensation is to be assessed by an assessor (appointed by the Secretary of State).
541. Subsection (6) requires the assessor to have regard to certain factors in assessing the amount
of compensation, and subsection (7) explains what constitutes a “conviction having been reversed”
for the purpose of this section. This will include a case in which the CMAC quashes a conviction
following a reference by the Criminal Cases Review Commission (which is given power to make
such references by section 321 and Schedule 11).
542. Subsection (8) gives effect to Schedule 9, which deals with the appointment of assessors etc.
PART 11— THE SERVICE CIVILIAN COURT
543. At present civilians subject to service law who commit offences under the SDAs may be dealt
with summarily by an officer (the appropriate superior authority), who has very limited powers of
punishment, or by court-martial. In addition, the Armed Forces Act 1976 established Standing
Civilian Courts for the trial, outside the UK, of civilians under the Army and Air Force Acts 1955
(but not the Naval Discipline Act 1957). The Secretary of State can direct areas outside the UK
where trials may take place. Two such areas have been established: Germany, Belgium and Holland
(as the first area); and the republic of Cyprus and the Sovereign Base Areas of Dhekelia and Akrotiri
(as the second area) on the island of Cyprus. A judge advocate is appointed as magistrate to sit in
a Standing Civilian Court.
544. Standing Civilian Courts generally have jurisdiction to try civilians for offences committed
outside the UK where the offence is one for which a court-martial can try a civilian. The exceptions
are offences under section 57 of the Army and Air Force Acts 1955 (offences in relation to courts,
including contempt) and civil offences under the law of England and Wales that are triable only in
the Crown Court.
545. Standing Civilian Courts act in similar ways to a magistrates' court in England and Wales.
They have similar powers of punishment: they can award a maximum sentence of imprisonment
for a term not exceeding six months (12 months if consecutive sentences are awarded) but cannot
award imprisonment or a fine for a civil offence where a magistrates' court in England and Wales
would not have power to make such an award.
546. The sections in this Part create the Service Civilian Court to replace the Standing Civilian
Courts and make provision for the court and its proceedings. The main changes are the replacement
of the power to direct areas where trial can take place with provisions for the court to sit anywhere
outside the British Islands; and the creation of a power, analogous to the power of a magistrates'
court, for the court to decide whether it or the Court Martial should try a charge.
The Service Civilian Court: court and proceedings
Section 277: The Service Civilian Court
547. This section establishes a court to be known as the Service Civilian Court (“SCC”) which may
sit anywhere outside the British Islands.
548. Section 278: Constitution and proceedings of the Service Civilian Court
549. This section provides that the SCC is to consist of a single judge advocate, to be specified by
or on behalf of the Judge Advocate General. Unlike the present situation, the judge advocate will
not be called a “magistrate” when he sits on the SCC. The section also introduces Schedule 10,
which contains provision about proceedings of the SCC.
Section 279: Court must consider whether trial by Court Martial more appropriate
550. This section provides that, before the charge is put and a plea entered, the SCC must decide
whether it or the Court Martial should try the charge. Before making this decision the SCC must
give the prosecution the opportunity to inform it of any previous convictions the defendant has,
and it must give the prosecution and the defendant an opportunity to make representations about
which court should try the charge; this corresponds to the position to be introduced in the civilian
system pursuant to amendments to the Magistrates' Courts Act 1980 made by the Criminal Justice
Act 2003.
551. The matters that the SCC must take into account in making a decision are specified in this
section and mirror those matters that the magistrates' court must take into account when deciding
whether to decline jurisdiction. Where the SCC declines jurisdiction it must refer the charge to the
Court Martial.
Section 280: Right to elect trial by Court Martial instead of by SCC
552. This section provides that where the SCC decides that it should try a charge, the defendant
must be given the opportunity before arraignment to elect to be tried by the Court Martial. If the
defendant (or any defendant if a charge is charged jointly) elects to be tried by the Court Martial,
the charge must be referred to the Court Martial (and where there are two or more charges against
the defendant, an election in respect of one or more of the charges is deemed to be an election for
all of them). Otherwise the SCC must try the charge. The practical effect of this section, section
279 and Part 5 is that the SCC will try a charge only where the DSP, the court and the defendant
are content that it should do so.
Section 281: Power of SCC to convict of offence other than that charged
553. This section applies to the SCC the provisions of section 161 which provides the Court Martial
with a power to convict a person of an offence other than the one charged, where it finds the person
not guilty of the charge in the charge sheet and where the allegations in the charge sheet amount
to or include an allegation of another service offence.
Punishments available to Service Civilian Court
Section 282: Punishments available to Service Civilian Court
554. This section provides that the punishments available to the Court Martial when it is dealing
with civilians are also available to the SCC subject to some restrictions. The restrictions that apply
are listed in section 282, for example, the SCC's power to make a service community order is
restricted in the same way that section 164(5) restricts the corresponding power of the Court Martial.
It is supplemented by Chapters 4 and 5 of Part 8, which respectively provide for sentences of
imprisonment for less than 12 months and custodial sentences for young offenders.
Section 283: Imprisonment: maximum term
555. This section prevents the SCC from passing a sentence of imprisonment for more than 12
months in respect of a single offence, or consecutive sentences for a total of more than 65 weeks.
Section 284: Fines and compensation orders: maximum amounts

556. Subsection (1) prevents the SCC from imposing a fine of more than the prescribed sum
(currently £5,000) for any one offence. In the case of a criminal conduct offence, subsection (2)
further prevents the court from imposing a fine greater than that which a magistrates' court could
impose for the corresponding offence under the law of England and Wales.
557. Under subsection (3) the SCC cannot make a service compensation order for an amount greater
than the maximum compensation that a magistrates' court can award (currently £5,000). In the case
of offences taken into consideration, under subsection (4) the amount awarded must not exceed the
difference between the maximum that the court could have awarded (for the offences of which the
offender is convicted) and the amount that it does in fact award.
Appeals from Service Civilian Court
Section 285: Right of appeal from SCC
558. This section provides that a person convicted by the SCC may appeal to the Court Martial.
Appeal may be against sentence if the person pleaded guilty, or against conviction or sentence if
he did not plead guilty. The respondent to any appeal is the DSP.
559. An appeal must be brought within an initial period of 28 days, beginning on the date the person
was sentenced, or within such longer period as the Court Martial may allow. For these purposes
“sentence”includes any order made by a court when dealing with an offender.
Section 286: Hearing of appeals from SCC
560. An appeal against conviction is to be by way of rehearing of the charge (including a rehearing
in respect to sentence), so that all of the evidence is reheard by the Court Martial. An appeal against
sentence is to be by way of a rehearing as respects sentence, so that only evidence relevant to
sentencing will be reheard. The section stipulates which judge advocates are not permitted to be a
member of the court hearing an appeal because of prior involvement in a case.
561. The section also provides that those parts of the Act that are concerned with Court Martial
trial and sentencing apply to appeals as they do to trials by the Court Martial, subject to any
modification contained in Court Martial rules. Furthermore, the Court Martial may only pass a
sentence that the SCC had the power to pass in respect of the offence, although this may be a more
severe sentence than that actually imposed by the SCC. This power mirrors that of the Crown Court
on appeal from a magistrates' court.
Section 287: Findings made and sentences passed by Court Martial on appeal from SCC
562. This section provides that any finding made or sentence passed by the Court Martial on an
appeal replaces the finding or sentence of the SCC. It also provides that a sentence passed on an
appeal runs from the time from which it would have run if it had been imposed by the SCC, unless
the Court Martial directs otherwise. Where a sentence is passed on an appeal against sentence, the
person is to be treated (for the purposes of enabling him to appeal against sentence) as if he had
been convicted by the Court Martial of the offence for which the sentence was passed. This is
because there is a right of appeal against sentence under the 1968 Act only for persons convicted
by the Court Martial.
SCC Rules
Section 288: SCC rules

563. This section gives the Secretary of State power to make rules in relation to the SCC. These
rule-making powers are broadly similar to those for the SAC and the Court Martial.
PART 12— SERVICE AND EFFECT OF CERTAIN SENTENCES
Commencement of sentence
Section 289: Commencement of sentences of the Court Martial and Service Civilian Court
564. This section provides that a sentence passed by the Court Martial or the SCC takes effect from
the beginning of the day on which it is passed, unless some other provision enables the court to
direct otherwise. The rule does not apply to suspended sentences (which take effect only when
subsequently activated) or to sentences passed by the Court Martial on appeal from the SCC (which
under section 287(2) take effect from the beginning of the day on which the SCC passed sentence,
unless the Court Martial otherwise directs).
Section 290: Commencement of term of service detention awarded by CO
565. This section postpones the point at which an award of service detention made by a CO takes
effect (even if the CO does not suspend the award under section 189(3). Unless the offender elects
to start the sentence immediately, it does not take effect until the time allowed for bringing an
appeal (the “appeal period”) expires or, if an appeal is brought, the appeal is disposed of (unless
the SAC disposes of it by quashing the award or substituting another punishment).
566. Even if the offender does elect to start the sentence immediately, he can withdraw the election
during the appeal period. In that case the sentence ceases to have effect, and resumes only when
the appeal period expires or any appeal is disposed of. Similarly, if the sentence has already come
into effect and an appeal is brought, the sentence ceases to have effect and resumes only when the
appeal is disposed of.
Section 291: Commencement of consecutive term of service detention awarded by CO
567. This section adapts the rules in section 189 for the case where a CO makes an award of service
detention consecutive to an existing award. Unless the offender elects to start the new sentence as
soon as the old one expires, the new one does not take effect until the old one has expired and the
appeal period has expired or any appeal has been disposed of.
568. If the offender does elect to start the new sentence at the end of the old one, he can withdraw
the election during the appeal period. If he withdraws the election before the end of the old sentence,
the new one does not take effect until the old one has expired and the appeal period has expired or
any appeal has been disposed of. If he withdraws the election when the old sentence has expired
and the new one has begun, the new one ceases to have effect, and resumes only when the appeal
period expires or any appeal is disposed of.
569. If an appeal is brought before the old sentence expires, the new one does not take effect until
the old one has expired and the appeal has been disposed of. If an appeal is brought after the old
sentence has expired and the new one has taken effect, the new one ceases to have effect and
resumes only when the appeal is disposed of.
Section 292: Commencement of suspended sentence activated by CO
570. This section provides that the rules in sections 290 and 291 shall apply (with modifications)
where an officer makes an order activating a suspended sentence of service detention under section
193. Unless the officer orders that the suspended sentence is to take effect from the end of another
sentence, the rules in section 290 apply; if the order does provide that the suspended sentence is to
take effect from the end of another sentence, then the rules in section 291 apply.
Effect of custodial sentence or detention on rank or rate
Section 293: Effect on rank or rate of WOs and NCOs of custodial sentence or sentence of
service detention
571. Under this section, where a warrant officer or NCO is given a custodial sentence for a service
offence or is sentenced to service detention, his rank or rate is automatically reduced as far as the
Court Martial could reduce it under section 164. The extent to which the Court Martial could reduce
it will depend whether any relevant restrictions are imposed by regulations made under section
164(4).
572. If the offender is also sentenced to dismissal or dismissal with disgrace, this section does not
apply: section 295(4) applies instead.
Section 294: Rank or rate of WOs and NCOs while in custody pursuant to custodial sentence
etc
573. Under this section, a warrant officer or NCO serving a custodial sentence (including one passed
by a civilian court) or a sentence of service detention is to be treated as holding the lowest rank or
rate for the Service to which he belongs—or, if he belongs to the air forces, the highest rank he has
held as an airman (see the note on section 135 (paragraph 287)).
Effect of dismissal
Section 295: Effect of sentence of dismissal
574. This section applies where an offender is sentenced to dismissal or dismissal with disgrace.
If he is an officer, his commission is forfeit and he automatically ceases to be a member of the
forces. Otherwise, the competent authority must discharge him (but may delay doing so until any
sentence of service detention has been served). If he is a warrant officer or NCO, his rank or rate
is reduced to the lowest in his Service, or, if he belongs to the air forces, the highest rank he has
held as an airman.
Service of sentence
Section 296: Service detention
575. This section applies where a person is sentenced to service detention. It provides that he may
be detained in service custody (but not in a prison) for the duration of his sentence, and that during
that period he shall be deemed to be in legal custody.
576. Service detention is carried out either at the Military Corrective Training Centre (MCTC) at
Colchester in Essex or in licensed unit facilities. There are no longer any service prisons.
577. The MCTC is an Army unit, but it accommodates people from all three Services and has some
naval and RAF personnel on its staff. It provides a dedicated facility which holds three different
classes of people:
• people who are serving a sentence of service detention. Within this category, those who
are to return to normal duty undergo a regime of service training designed to improve their
service efficiency, discipline and morale and make them better service personnel. Those
who are dismissed from the service undergo a separate regime of corrective training designed
to enhance their potential for self-sufficiency and responsible citizenship.
• people who are in service custody pre-trial and pre-sentence.
• people who have been sentenced to imprisonment or, in the case of young people, a
custodial sentence, while their transfer to the civilian institution in which they will serve
their sentence is arranged.
578. Unit detention facilities are for those who are in custody pre-charge or pre-sentence or for
persons who have been sentenced to a short period of service detention (typically less than 14 days).
Section 297: Detention in service custody following passing of custodial sentence etc
579. This section applies where a person is sentenced to a custodial sentence for a service offence,
or an order has been made in respect of him under section 214 (the detention of an offender who
has committed an offence during the currency of a detention and training order). Such a person
must serve his sentence in a civilian institution; this section makes lawful his detention in service
custody until he is committed to the appropriate civilian institution in which he will serve his
sentence.
Section 298: Removal to England and Wales following passing of custodial sentence etc
580. Currently persons sentenced to custodial sentences under the SDAs may be committed to a
civilian institution in England and Wales, Scotland or Northern Ireland. Under the Act (and rules
made under it) all persons sentenced to custodial sentences, or subject to orders under section 213,
will be committed into an institution in England and Wales (via the MCTC). Like other prisoners,
they may after committal be transferred to institutions in other parts of the UK under the Crime
(Sentences) Act 1997.
581. This section provides that if a person is outside the UK when a custodial sentence is passed
against him, or when an order under section 214 made in respect of him, he must be removed to
England and Wales as soon as practicable.
Section 299: Duty to receive prisoners
582. This section confers a duty upon the governor of a civilian prison in England or Wales to
receive and confine, for the duration of their sentence, any person who has been sent to the prison
in accordance with the service custody rules to be made under section 300.
Section 298: Service custody etc rules
583. This section empowers the Secretary of State to make rules about service custody and the
service of sentences imposed by service courts.
584. The section specifies certain matters in particular for which these rules may contain provision.
They include:
• the provision, classification, regulation and management of service custody premises
(which will include both the MCTC and smaller facilities, such as guardrooms, which are
used for the temporary accommodation of persons in service custody);
• the creation of disciplinary offences, and the award of additional days to be served by a
person guilty of such an offence;
• the determination of any matter by a judge advocate, and appeals against such
determinations; and
• the application (with or without modifications) of those sections of the Prison Act 1952
dealing with offences by persons other than prisoners, and those sections of the Criminal
Justice Act 1961 dealing with the harbouring of escaped prisoners.
585. Subsection (3) provides that the rules may confer on any person a power to use reasonable
force where necessary for the purpose of searching a service custody establishment or a person in
service custody, and a power to seize and detain unauthorised property.
Section 301: Duration of sentences: persons unlawfully at large or on temporary release
586. This section provides for the duration of a sentence to be adjusted where the sentenced person
spends any period of the sentence unlawfully at large or on temporary release. It provides that any
period during which the person is unlawfully at large or has been temporarily released on
compassionate grounds shall not count against sentence.
587. This provision applies to sentences of service detention and applies to custodial sentences
where the period of absence occurs before the person arrives at the custodial establishment. The
effect of the section is to extend the period of the sentence by the number of days that the person
is absent, calculated according to the rules in subsection (5).
Section 302: Remission of certain sentences on passing of custodial sentence etc
588. This section applies where a person is already serving a relevant sentence (defined as a sentence
of service detention, a service supervision and punishment order or a minor punishment) and, during
that sentence, is sentenced in separate proceedings to a custodial sentence, either in respect of a
service offence or by a civilian criminal court. Where this occurs, the unserved balance of the
relevant sentence is to be remitted. This means that the person will cease to serve the relevant
sentence and will instead immediately commence the new custodial sentence in the appropriate
establishment. The person does not remain liable to serve any unserved part of their sentence, which
is effectively cancelled.
Section 303: Power of service policeman to arrest person unlawfully at large
589. This section empowers a service policeman to arrest a person sentenced to service detention
who is unlawfully at large, and provides that the arrested person may be taken to the place where
he is required to be detained (subsection (1)).
590. Subsection (2) applies the definition of “unlawfully at large” at section 299(4) for the purposes
of this section. Subsection (3) permits the use of reasonable force when arresting a person, or taking
him to the place where he is to be detained, under subsection (1).
Supplementary
Section 304: Sentences passed by civilian courts
591. This section makes clear that references in Part 12 of the Act to custodial sentences, and the
references in sections 297(2) and 298(2) to orders activating suspended sentences of imprisonment,
apply only to sentences and orders of service courts, not civilian courts.
PART 13— DISCIPLINE: MISCELLANEOUS AND SUPPLEMENTARY
Chapter 1— Testing for Alcohol and Drugs
592. These sections authorise testing for drugs and alcohol to be carried out in specified
circumstances on persons who are subject to service law, and, in some cases, on civilians subject
to service discipline. The results of such tests are not admissible as evidence in proceedings for a
service offence. These sections do not limit the statutory powers to test for alcohol and or drugs
under PACE or the Road Traffic Act 1988; nor do they affect the admissibility of evidence obtained
under those statutes in any proceedings.
Section 305: Testing for drugs
593. Subsection (1) enables a drug testing officer to require a person subject to service law to
provide a sample of his urine to test for controlled drugs. This creates a statutory power to underpin
the operation of a random drug testing programme under which all members of HM Forces,
regardless of rank or rate, are subject to periodic random testing. There is no requirement for a
person to be suspected of drug misuse before a urine sample can be demanded.
594. Subsection (2) provides that the power may not be exercised in connection with the investigation
of an offence or of an incident giving rise to the power in section 306, nor where the drug testing
officer (or his CO) is the CO of the person to be tested.
595. Subsection (3) makes it an offence to fail to comply with a requirement to provide a urine
sample under this section.
Section 306: Testing for alcohol and drugs after a serious incident
596. This section provides a power to require a person who is subject to service law, or a civilian
who is subject to service discipline, to provide a sample for alcohol or drugs testing where there
has been a serious incident and where, in the opinion of the person exercising the power, the person
to be tested may have caused or contributed to it. This power enables evidence of drug or alcohol
consumption to be obtained in order to assist a service inquiry (section 343) to determine whether
such consumption or use might have been a factor in the incident. “Drug” and “sample”are defined
in section 307.
597. Subsection (1) specifies that an incident falls within this section if in the opinion of the officer
it resulted in, or created a risk of, death or serious injury, or of serious damage to property.
598. Subsection (3) specifies that the power is exercisable by the CO of the person to be tested,
and subsection (6) provides that the Defence Council may make regulations providing for its exercise
to be delegated.
599. Subsection (4) provides that it is an offence for a person to fail to comply with a requirement
imposed under this section without reasonable excuse.
Section 307: Definitions etc for purposes of section 306
600. This section defines certain expressions used in section 306. Subsection (2) defines “drug”to
mean either a controlled drug (within the meaning of the Misuse of Drugs Act 1971) or any other
drug specified by the Secretary of State.
601. Subsection (3) provides that “sample” means a sample of urine or breath where it is required
to test for alcohol; that it means a sample of urine where it is required to test for drugs; and that,
in either case, it includes any other sample specified by the Secretary of State by order.
602. Subsections (4) and (5) provide that the Secretary of State may not specify an invasive sample,
such as blood or semen, under subsection (3), and that the person being tested must consent to the
taking of any sample so specified by the Secretary of State.
603. This section authorises the Defence Council to make regulations governing the obtaining and
analysis of samples under this Chapter. It provides that such regulations may deal with a number
of procedural matters such as the number of times a person may be required to provide a sample,
the procedures employed to analyse samples, and the training and qualifications of those persons
carrying out such analysis.
Chapter 2— Contempt of Court
604. This Chapter enables service courts to deal with misbehaviour at court or in relation to
proceedings before those courts. Such misbehaviour is otherwise known in civilian courts as
contempt of court. In all cases the powers are exercised by the judge advocate.
605. The judge advocate's powers are broadly the same as those of a magistrate in England and
Wales under the Magistrates' Courts Act 1980 and the Contempt of Court Act 1981. Existing powers
under the SDAs are replaced with a single set of rules regardless of the rank or rate of the offender.
In the UK, these powers may be exercised against any person; outside the UK they may be exercised
only against persons subject to service law or civilians subject to service discipline.
606. If an offender is subject to service law, or a civilian subject to service discipline, the judge
advocate may commit him to service custody. This punishment may be carried out at any service
custody premises, including the MCTC. It is not a sentence of service detention, and so it will be
administered by the MCTC in their remand wing where officers and civilians subject to service
law may be held prior to their trial by the Court Martial.
607. Civilians who are not subject to service discipline under the Act may not be committed to
service custody, but may instead be fined up to a maximum of level 4 on the standard scale (currently
£2,500).
608. The powers provided in this Chapter are intended to deal with misbehaviour in the face of the
court. Other acts that constitute contempt of court but which fall outside these powers may be
referred to a civilian court under section 311.
Section 309: Offences of misbehaviour in court etc
609. Subsection (1) specifies the misbehaviour that constitutes the offence. This includes disruptive
behaviour in court, failure of a party or witness to assist the court, and intimidation of witnesses
or court members.
610. Subsections (2) and (3) specify the punishments which may be awarded (summarily) by the
judge advocate.
611. Subsection (4) provides that the court may revoke an order committing the offender to service
custody and, if he is already in custody, to discharge him. This allows the judge advocate to bring
a punishment under this section to an end if the offender gives an appropriate apology.
612. Subsection (5) specifies the service courts that have jurisdiction under this section.
Section 310: Power to detain before dealing with section 309offence
613. Subsection (1) gives the court power to order that an offender under section 309 should be
taken into service custody and detained there until the court rises.
614. Subsections (2) and (3) provide that if the court considers that it should not exercise its powers
under section 309 without a further hearing, then in certain circumstances the offender may be
detained for a further period, provided that his total period of detention does not exceed 48 hours
in total.
615. Subsection (4) specifies criteria, one or more of which must be met if a person is to be held
in service custody after the court rises.
Section 311: Certification to civil courts
616. Subsection (1) provides that this section applies where a person does an act in relation to
proceedings before a qualifying service court which would constitute contempt of court if the court
were a civilian court with power to commit for contempt. This could include act which amounts
to an offence under section 309, if the court chooses not to deal with the matter itself — because
of the seriousness of the offence, for example.
617. In the above circumstances the service court may refer (“certify” is the term used in the Act)
the offence to any civilian court which has power to commit for contempt, or, if the offence took
place outside the UK, to the High Court. That civilian court may then inquire into the matter and
deal with the offender under its own normal procedures. The Divisional Court of the Queen's Bench
Division, in the High Court, has a supervisory jurisdiction over inferior courts and in practice most
serious forms of contempt will be referred to that court.
618. The power is similar to that provided for a number of other inferior courts and tribunals, for
example the Data Protection Tribunal (section 6 of the Data Protection Act 1998).
Section 311: Decisions of court under section 309: making and effect
619. Subsection (1) provides that the rules relating to findings by the Court Martial and the SAC
do not apply to this Chapter. Subsection (2) provides that the powers under sections 309 and 311
are to be exercised by the judge advocate alone.
620. Subsections (3) and (4) provide that the court may direct that a committal to service custody
under section 309 shall take effect from the end of any period of service detention.
621. The section also provides that although committal to service custody is not service detention,
certain of the rules relating to service detention can be applied in respect of such custody.
Chapter 3— Arrest and Detention by Civil Authorities

Arrest for service offences
Section 313: Arrest by civilian police under warrant of judge advocate
622. This section permits judge advocates to issue warrants to the civilian police forces of the UK
or any British overseas territory for the arrest of persons reasonably suspected of having committed
service offences. There is an obligation on those making an arrest under such a warrant to transfer
the arrested person into service custody as soon as practicable. Further rules as to the practice and
procedure which are to apply when arrest warrants are issued under this section may be made by
the Secretary of State by statutory instrument.
Arrest etc for desertion or absence without leave
Section 314: Arrest by civilian police of deserters and absentees without leave
623. This section permits the civilian police in the UK or a British overseas territory to arrest a
suspected absentee without a warrant. It also provides authority for an “authorised person” in the
UK, the Isle of Man or a British overseas territory to issue an arrest warrant in certain circumstances.
An authorised person is a person who is empowered in the civilian system to issue arrest warrants,
e.g. a Crown Court judge or magistrate in England and Wales. A person who is arrested pursuant
to these provisions must be brought before a court of summary jurisdiction.
Section 315: Deserters and absentees without leave surrendering to civilian police
624. This section provides that a person who surrenders himself as being a deserter or absent without
leave to a police officer of a UK or British overseas territory police force must be taken to a police
station. The person in charge of the police station (or a person authorised by him) must consider
the case and if it appears to him that the person who has surrendered is subject to service law and
illegally absent, he may arrange for him to be (a) delivered into service custody, (b) brought before
a court, or (c) released with conditions as to his reporting at a future time and place (this last course
is equivalent to being granted police bail in England and Wales).
Section 316: Proceedings before civilian court where person suspected of illegal absence
625. This section details the duties of a summary court in the UK, the Isle of Man or a British
overseas territory when a person admits to being illegally absent or where the court is in possession
of evidence that he is illegally absent.
626. If the suspect is not in custody for some other cause (e.g. if he was arrested for assault and it
then transpired that he was an illegally absent serviceman he might be in custody for the assault),
and the required evidence exists, the court must either (a) arrange for the suspect to be delivered
into service custody, or (b) release him subject to conditions in respect of his reappearance at a
later time and place ((b) is equivalent to being bailed by a magistrates' court in England and Wales).
If the court decides that he should be delivered into service custody it may hold a person in custody
pending his transfer into service custody where it is likely that such transfer will be subject to delay.
627. Where the court does not have evidence that the person is illegally absent he must be released
(unless he is in custody for some other cause). A person who has been released under this provision
may nevertheless subsequently be arrested, either pursuant to a warrant for his arrest or under
section 67 (powers of arrest where a person is reasonably suspected of committing or having
committed a service offence).
Section 317: Warrant for the arrest of persons released under section 315(4)(c) or 316(3)(a)(ii)
628. When a suspect is released from custody subject to conditions under section 315(4)(c) or
section 316(3)(a)(ii) and he fails to meet those conditions, a warrant may be issued for his arrest.
Such warrants may be issued by a judge advocate, and if the release was authorised by a civilian
court, by a person authorised to issue warrants by that court. A person arrested pursuant to these
provisions must be transferred to service custody as soon as practicable. This section also provides
that the Secretary of State may make rules by statutory instrument which set out the practice and
procedure with respect to the issue of arrest warrants by judge advocates under this section.
Arrest of persons unlawfully at large
Section 318: Arrest by civilian police of persons unlawfully at large
629. This section provides that a person who has been sentenced to service detention and is
“unlawfully at large” (as defined by section 301) may be arrested by a member of the civilian police
in the UK or a British overseas territory without a warrant and may be taken to wherever he is
required to be detained. For example, a person sentenced to service detention and unlawfully at
large in the UK could be arrested without a warrant and taken to the MCTC, which is where he
would be required to serve his period of detention.
Supplementary
Section 319: Certificates in connection with transfer to service custody etc
630. This section allows the Secretary of State to make a provision requiring a certificate in respect
of a person who having been apprehended by the civil authorities is either delivered into service
custody or released by them. The Secretary of State may make regulations by statutory instrument
that set out matters such as the details the certificates should record. For example, a record of
whether the person was wearing uniform may be useful evidence as to whether he was absent
without leave or had actually deserted.
Section 320: Power to use reasonable force
631. When an arrest is effected by a police officer he may use such force as is reasonable to
apprehend the suspect.
Chapter 4— Powers of the Criminal Cases Review Commission
Section 321: Powers of the Criminal Cases Review Commission
632. This section gives effect to Schedule 11, which confers powers on the Criminal Cases Review
Commission in relation to convictions by service courts.
Financial penalty enforcement orders
Section 322: Financial penalty enforcement orders
633. This section permits the Secretary of State by way of secondary legislation to make provision
to enable the Defence Council or authorised persons to make orders for the enforcement of financial
penalties by prescribed courts in England and Wales, Scotland and Northern Ireland or the Isle of
Man.
634. The regulations may in particular provide for the type of cases in which orders may be made;
the form content and effect of such orders; and the functions of the Defence Council in relation to
such orders and their power to delegate such functions (subsection (2)).
635. Where the regulations make provision with respect to the effect of such orders, the regulations
may provide that an outstanding sum is to be treated as if it had been a fine imposed by a specified
court and for prescribed enforcement procedures to be or cease to be available on prescribed events
(subsection (3)).
636. A “financial penalty”is defined as a fine or compensation order imposed by virtue of this Act
(including such penalties ordered to be paid by a service parent or guardian under section 268),
and a sum adjudged to be paid under section 236(3).
Power to make provision in consequence of criminal justice enactments
Section 323: Power to make provision in consequence of criminal justice enactments
637. The broad purpose of this section is to enable statutory changes in the criminal justice system
of England and Wales to be adapted and applied by subordinate legislation to the Services' system
of justice. The powers in this section are based on those in section 31 of the Armed Forces Act
2001.
638. Under this section the Secretary of State may by order make in relation to service policemen,
service courts, persons subject to service law, civilians subject to service discipline and service law
proceedings provision equivalent (subject to modifications) to:
• any enactment (called in the section a “criminal justice enactment”) passed after 1st January
2001 which amends the law of England and Wales relating to any “criminal justice matter”,
• any other enactment about a criminal justice matter which is itself amended by a criminal
justice enactment, and
• any subordinate legislation made under either of the above types of enactment.
639. The Secretary of State is, for example, able to make for the armed forces provision equivalent
to new criminal justice legislation and other legislation about criminal justice which has been altered
by such new legislation.
640. A “criminal justice matter” is itself defined in section 324 (2). It covers such matters as police
powers of investigation and detention, powers of arrest, custody, bail, evidence, procedure and
court powers (including sentence). The Secretary of State may by order extend it to other criminal
justice matters, but in such a case the order must be approved in draft by both Houses of Parliament.
641. The power to make equivalent provision is wide enough to allow the Secretary of State to
amend existing legislation, but again in such a case the order must be approved in draft by both
Houses of Parliament.
Section 324: Section 323: definitions
642. This section contains a number of definitions for the purposes of section 323, including (as
mentioned in the note on section 323) definitions of “criminal justice enactment” and “criminal
justice matter”.
Other supplementary provisions
Section 325: Evidential burden as respects excuses
643. It is a general principle of English criminal law that it is for the prosecution to prove beyond
all reasonable doubt that an accused person is guilty of an offence. However an accused is sometimes
subject to a burden in relation to the evidence, for example if he raises insanity as a defence. Statutes
may expressly or impliedly impose such a burden on the accused. This section imposes such a
burden on an accused if he raises a defence of lawful excuse or reasonable excuse. “Lawful excuse”
is a defence, for example, to an offence of assisting an enemy under section 1 of the Act, and
“reasonable excuse” is a defence, for example, to the offence of misconduct on operations (under
section 2).
644. Under the criminal law of England and Wales there two main kinds of burden that could apply.
One is a burden to prove something (which, in the case of an accused, would be on a balance of
probabilities). The other burden is lower. It is not strictly one of proof, but only of bringing sufficient
evidence to satisfy the judge (the judge advocate in the Court Martial) that there is an issue which
should be left to those responsible for deciding the facts (such a jury or, in the case of the Court
Martial, the panel of Service members). Section 323 provides that this lower burden applies to an
accused in relation to a defence of lawful excuse or reasonable excuse.
Section 326: Exclusion of enactments requiring consent of Attorney General or DPP
645. This section makes it clear that proceedings under the Act for a service offence do not require
the consent of the Attorney General or the Director of Public Prosecutions, even if proceedings for
a corresponding civilian offence would require such consent. This does not affect section 61(2),
which requires the consent of the Attorney General to the bringing of a charge once a time limit
under any of sections 55 to 58 has expired.
Section 327: Local probation boards
646. Section 327 inserts a provision into the Criminal Justice and Court Services Act 2000 (“the
2000 Act”) in substitution for a similar provision inserted into that Act by Schedule 16. The reason
for this, and the effect of the inserted provision, is as follows.
647. Paragraph 178 of Schedule 16 inserts a new section — section 5A — into the 2000 Act. This
provision empowers the Secretary of State to make arrangements for local probation boards to
provide the full range of their professional services in respect of persons who appear before service
courts. Examples of these services would include the preparation of pre-sentence reports, and the
supervision of offenders subject to an overseas community order.
648. It is intended that paragraph 178 of Schedule 16 should come into force as soon as is practicable.
As a consequence, the section it inserts into the 2000 Act is necessarily an interim measure,
containing references to the SDAs (which are to be repealed by the Act) and to courts constituted
under those Acts.
649. Section 327 is intended to come into force on the Act's main commencement date, and sets
out a new section 5A that is consistent with the rest of the Act, and is substituted for that inserted
by Schedule 16. The amendment to the 2000 Act set out in this section is to the same effect as that
inserted by Schedule 16.
SECOND GROUP OF PARTS — MISCELLANEOUS MATTERS
PART 14— ENLISTMENT, TERMS OF SERVICE ETC
Enlistment, terms of service etc
650. The sections relating to enlistment and terms of service are almost exclusively applicable to
those holding the rank or rate of warrant officer and below. One (section 330) applies equally to
officers, but this relates to disciplinary matters where it is thought right that the same rights or
restrictions should apply.
651. Enlistment is the process by which a person joins the regular forces without being
commissioned. A person offering to enlist becomes a member of a Service when he takes an oath
of allegiance (or affirms his allegiance) to the Sovereign and the validity of his enlistment is attested
by a recruiting officer. However, with regard to the Royal Navy, at present a person “enters” service
and does not swear an oath of allegiance to the Sovereign. Under the provisions of the Act the
Royal Navy will align its procedures and terminology with those of the other Services.
652. A person who enlists into one of the Services agrees to join for a specified period of regular
service and perhaps also for a subsequent period in the reserves. In the Army, the person enlists on
the understanding that he will serve in a particular corps, although this is subject to the recruit
successfully completing training. A recruit's enlistment may be subject to a final approval process
to take account of any significant changes in circumstances since his offer to enlist was originally
accepted by the Service.
Section 328: Enlistment
653. This section provides that the Defence Council may make regulations by statutory instrument
about the process of enlistment into the regular forces. It is envisaged that the regulations will
provide in particular for matters such as the appointment and duties of recruiting officers; prohibiting
the enlistment of persons under the age of 18 without the consent of prescribed persons; the validity
of enlistment; rights to discharge and the creation of offences of knowingly giving false answers
during the enlistment procedure (which are subject to specified maximum punishments).
Section 329: Terms and conditions of enlistment and service
654. This section empowers the Defence Council to make regulations by statutory instrument about
the terms and conditions of service of a person who is about to enlist or a person who has already
enlisted. They cover in particular the period of service as a regular and in the reserves, the ability
of a person to seek to end his service, the ability to continue in service, restrictions as to where
some persons might be required to serve and the compulsory transfer of members of the army
between corps.
Section 330: Desertion and absence without leave: forfeiture of service etc
655. Where any person is convicted of an offence of desertion, he will forfeit service for the time
that he was absent. Forfeiture of service results in loss of pay for the relevant period. Such a person
might be required to continue to serve beyond his original discharge or transfer date for the relevant
period to complete his engagement. This section provides that the Defence Council may make
regulations by statutory instrument with respect to confessions by members of the regular forces
to the offence of desertion under section 8, including whether a trial may be dispensed with in such
cases, and the forfeiture of service and the restoration of such service in such a case. It also gives
power to the Defence Council to make regulations about the forfeiture of service of a member of
the regular forces who has been convicted by the Court Martial of an offence of desertion and the
circumstances where such service may be restored.
656. The section further provides that the Defence Council may make regulations about the issue
of certificates for members of the regular forces who are absent without leave and the effect of the
issue of such a certificate, for example, loss of pay.
Section 331: Discharge etc from the regular forces and transfer to the reserve forces
657. When the enlisted person leaves regular service he will be transferred to the reserves if he has
a liability for such service. Otherwise he will be discharged from his Service. This section provides
that the Defence Council may make regulations about the discharge and the transfer to the reserve
of enlisted persons.
658. The section also provides for the Defence Council to make regulations conferring a right on
warrant officers to discharge following reduction in rank or rate.
Section 332: Restriction on administrative reduction in rank or rate
659. A person's rank or rate relates to the authority, responsibility and the professional competence
of a person. The Services may need to reduce an enlisted person in rank or rate for reasons of, for
example, inefficiency or misconduct, which is distinct from reduction in rank for disciplinary
purposes. This section places limitations upon the power to reduce a person's rank or rate
administratively.
660. A CO with the appropriate higher authority permission may order a person who is a warrant
officer or non-commissioned officer to be reduced either by one acting rank or, if there is no acting
rank, one substantive rank. Higher authority permission is not required, however, if the person to
be reduced in rank is a lance corporal or lance bombardier or if the CO holds the rank of Rear
Admiral, Major General, or Air Vice Marshal or above. A corporal in the air forces may be reduced
to the highest rank which he has held as airman (defined in section 374).
661. The section does not cover reversion from or relinquishment of acting rank when an individual
is posted from or replaced in a post for which he has been granted acting rank.
Section 333: Pay, bounty and allowances
662. The main purpose of this section is to provide harmonised, tri-service provision governing
the pay, bounty and allowances of the armed forces. Under the existing law (a mixture of prerogative
and statute) various forms of promulgation are used, including Orders in Council under the Naval
and Marine Pay and Pensions Act 1865, Royal Warrant and orders under section 2 of the Air Force
(Constitution) Act 1917.
663. This section provides for the use of a Royal Warrant to make provision on pay, bounty and
allowances for members of the regular and the reserve forces. It also specifies some important
provisions which may be made in his way. They include provision for persons to exercise a discretion
(some allowances are, for example, discretionary). It also provides that the Royal Warrant may be
used to authorise deductions from pay (for example to recover an overpayment). But it cannot be
used to authorise a forfeiture of pay. So it cannot be used to authorise the right to pay to be removed,
as opposed to authorising that right to be offset by another right, such as the right to recover an
overpayment. Forfeiture of pay may only be authorised by or under an Act of Parliament (section
341).
664. Money which can be distributed under the Naval Agency and Distribution Act 1864 (for
example payments in relation to salvage and certain naval bounties) will continue to be dealt with
under the procedures in that Act. They are excluded from the operation of this section.
Redress of individual grievances
665. The statutory right of complaint is considered a fundamental right of a service person. It dates
back to at least the 19th century and largely reflects the fact that the terms of service of service
personnel are not governed by domestic employment law. As a result service personnel do not have
a contract of employment and their rights of legal remedy, in respect of matters arising from service,
are limited. The internal statutory redress system has therefore always been of importance if a
member of the armed forces is to be able to complain about any matter where he thinks himself
wronged in relation to his service. Currently a redress of complaint proceeds through a service
person's CO, through various layers of the command chain, to the Defence Council. In those
circumstances the Service Board of the complainant's Service acts for the Defence Council. At any
stage of the redress process, if satisfied with the decision of the decision-making authority then
dealing with the complaint, the complainant can withdraw his complaint. If dissatisfied, the complaint
will proceed on to the Service Board where two Board members decide the complaint.
666. These procedures have been found, in practice, to be slow. Service Boards have been overloaded
with cases, and this has led to delay in cases being resolved. The sections in the Act are in part
designed to speed up the process. In most cases a complaint will still be considered by a service
person's CO and then go to one further level within the command chain. If a complaint is not capable
of resolution by the command chain, most cases will proceed immediately to a service complaints
panel. Service complaint panels are designed to take work away from the Service Boards and panels
will be given delegated powers to act on behalf of the Defence Council. The panels will usually
comprise serving officers of the rank of commodore, brigadier or above and civil servants.
Membership of service complaint panels will come from outside the command chain of the
complainant and could be drawn from another Service than that of the complainant or from the
civil service. The Secretary of State may make regulations requiring that in the case of a service
complaint of a particular description an independent member to sit on a service complaint panel.

Examples of where an independent member appointed by the Secretary of State will sit is likely to
be appropriate are complaints involving bullying, harassment or other misconduct.
667. Where the Defence Council has not delegated a case (either by delegating the particular case
or a relevant category of cases to a complaints panel) they will still be able to decide the matter (as
at present acting through a Service Board). In such cases, a Service Board could require a service
complaint panel to assist the Board in carrying out its functions, e.g. a service complaint panel
could be asked to investigate a particular matter and report to the Board with their recommendations.
668. In those cases where a Service Board deals with a complaint made by an officer, the officer
if dissatisfied with the decision of the Service Board, may request reference of his individual
grievance to Her Majesty.
669. The Act also provides for the appointment of a Service Complaints Commissioner. He will
have two main functions (explained further below). One of these will be to receive from any person
allegations that a member of the Armed Forces has been the victim of certain types of wrong in
relation to his service. The Commissioner will have power to refer those allegations to an officer,
who will have to check whether the alleged victim wishes to bring a complaint. The Commissioner's
second main function will be to provide the Secretary of State with an annual report on the efficiency,
effectiveness and fairness of the redress system.
Section 334: Redress of individual grievances: service complaints
670. This section allows a person who is, or who has previously been, subject to service law to
make a complaint if he thinks himself wronged in any matter relating to his service.
671. Subsection (2) enables the Secretary of State to make regulations about the kind of matter that
cannot be the subject of a complaint. It is envisaged that regulations will be made to exclude
complaints about Service disciplinary proceedings (where other appeal procedures exist) and about
matters involving pensions and reserve forces (where alternative dispute resolution and appeals
procedures also exist).
672. Subsection (3) requires the procedure for making and dealing with complaints to be laid down
in Defence Council regulations. Under subsection (4) the regulations must make provision for the
kind of officer to whom a complaint is to be submitted. They must also provide so that:
• the officer is able to refer the matter to a prescribed superior officer or to the Defence
Council
• the complainant is able to require the matter to be referred to a prescribed superior officer,
and
• both the superior officer and the complainant are able to require the matter to be referred
on to the Defence Council.
673. Defence Council regulations may also provide for the manner in which a complaint is to be
handled and timescales for making a complaint and for a complainant to apply for his complaint
to be referred to a superior officer or to the Defence Council (subsections (5) and (6)).
674. Any person considering a complaint must decide if the complaint is well-founded and if it is
he must grant such redress which is within his authority to give and which he considers would be
appropriate (subsections (7) and (8)).
Section 335: Service complaints: role of Defence Council and service complaint panels
675. This section permits the Defence Council to delegate all or some of its responsibilities under
section 334 to a panel, referred to in the Act as a “service complaint panel”. Members of a service
complaint panel are appointed by the Defence Council (except independent members appointed
by the Secretary of State where required by regulations under section 336(7).
676. Subsection (4) permits the Defence Council (in relation to all or any complaints) to delegate
to a civil servant or officer
• the decision on which of its functions are to be delegated to a service complaint panel,
and
• the Council's function of appointing the panel members.
677. Subsections (6) and (7) enable the Defence Council to obtain assistance in other ways. Under
subsection (6) the Defence Council may require a panel to assist them and (under subsection (7))
may appoint a person (including a panel or panel member) to investigate a complaint.
Section 336: Composition and procedure of service complaint panels
678. This section sets out the eligibility criteria for membership of a service complaint panel.
Generally a member must be a serving officer of at least the rank of brigadier (or equivalent in the
other services) or a civil servant. Panels must have at least two members, and at least one member
must be a serving officer of such a rank. The section also empowers the Secretary of State to make
further provision in regulations about its composition and procedure, including:
• provision for additional or stricter eligibility requirements, and
• provision requiring a panel to include one member who is neither a member of the armed
forces nor a civil servant.
Section 337: Reference of individual grievance to Her Majesty
679. Officers have traditionally had the right to have their complaint referred to the Sovereign for
Her Majesty to decide whether to give the Defence Council any directions about the complaint.
This section lays down certain conditions that must be satisfied for an officer to have his complaint
referred to Her Majesty. One condition is that the complaint must have previously been decided
by the Defence Council, i.e. by a Service Board, and that its function has not been delegated to a
service complaints panel to any extent. So the matters about which an officer will be entitled to
complain to Her Majesty will be limited to those matters that the Defence Council decides not to
delegate decisions on to service complaint panels.
Section 338: Referral by Service Complaints Commissioner of certain allegations
680. Under this section the Service Complaints Commissioner (who is to be appointed under section
366) will be able to receive from any person allegations that a member of the Armed Forces has
been the victim of certain types of wrong in relation to his service, or that a former member was
the victim of such a wrong while in the Armed Forces. The wrongs in question will be prescribed
in regulations made by the Secretary of State. It is intended that they will include bullying,
harassment and other misconduct. The Commissioner will have power to refer those allegations to
an officer, who will have to check whether the alleged victim wishes to bring a complaint about
the alleged wrong.
Section 339: Reports by Commissioner on system for dealing with service complaints etc
681. Under this section the Commissioner must provide the Secretary of State with an annual report
on the efficiency, effectiveness and fairness of the redress system, the exercise by him of his own
function under section 338 of referring allegations and any related matters that he consider
appropriate or the Secretary of State directs. The reports must be laid before Parliament by the
Secretary of State. The Secretary of State is also empowered to require the Commissioner to provide
him with other reports on aspects of the redress system or on matters relating to the Commissioner's
function of referring allegations.
Restriction on aliens
Section 340: Restriction on aliens in regular forces etc
682. This section prevents aliens from being members of the regular forces or of HM Forces raised
under the law of a British overseas territory. Section 3 of the Act of Settlement 1700 (which would
otherwise prevent certain non-UK nationals from holding any “office or place of trust” in HM
Forces) is disapplied so that it is clear that the position regarding aliens in the armed forces is
governed by this section alone. An alien is a person who is neither a citizen of the UK, the
Commonwealth or the Republic of Ireland nor a British protected person.
683. However, despite this general prohibition, the section allows the Defence Council to make
regulations excluding certain aliens from its operation. This would allow Gurkhas (who are aliens)
to be members of these forces.
PART 15— FORFEITURES AND DEDUCTIONS
Section 341: Forfeitures and deductions: general provisions
684. This section provides that there shall be no forfeiture of the pay of a person subject to service
law unless authorised by or under the Act or under any other Act (subsection (1)).
685. Subsection (2) provides that there shall be no deduction from the pay of a person subject to
service law unless authorised by and under the Act or any other Act.
686. A Royal Warrant, or a regulation, order or instruction by the Defence Council, may provide
for the imposition of any forfeiture and the making of any deductions authorised under an Act and
for prescribed matters concerning such forfeitures and deductions (subsection (3)).
687. A person subject to service law shall (subject to any forfeiture) remain in receipt of a minimum
rate of pay (as may be prescribed by regulations of the Defence Council) notwithstanding that
deductions are made from his pay (subsection (4)).
688. Where there is forfeiture of pay for a period and a person receives a minimum rate of pay for
that period, the amount received may be recovered by deduction from pay (subsection (5)).
689. Any amount authorised to be deducted from pay may be deducted from any pay, bounty,
allowance or grant due to the relevant person, and this applies wherever deductions are referred to
in section 342 (subsection (6)).
Section 342: Permitted forfeitures and deductions
690. This section provides a power for the Secretary of State to make provision to enable the
Defence Council or authorised officers to make orders:
• authorising forfeiture of pay of a relevant person for a period of prescribed absence from
duty;
• authorising deductions from the pay of a relevant person–
• to satisfy any amount paid by or on behalf of a service authority to meet a sum ordered
to be paid by him by a civilian court anywhere;
• to compensate for loss of, or damage to, public or service property which a prescribed
person is satisfied the relevant person caused by a wrongful act or negligence;
• to satisfy a financial penalty which requires him to make payment;
• to satisfy a prescribed payment which he is required to make under a prescribed
maintenance order, or an obligation on his part to make payments in accordance with a
prescribed maintenance assessment or calculation;
• to be appropriated towards the maintenance of a spouse (or former spouse), civil partner
(or former civil partner) child or prescribed person;
• to satisfy an amount required to be paid by him as a result of any judgment or order
enforceable by a court in the UK.
691. Subsection (2) provides a list of provisions that may in particular be made by regulations under
the section.
692. Under subsection (3) the Defence Council or authorised persons may remit certain forfeitures
or deductions.
693. Subsection (4) defines “financial penalty”, “prescribed”, “public property”, “relevant person”
and “service property”.
694. Subsection (5) makes it clear that the reference in this section to a judgment or order enforceable
by a court in the UK includes a judgment enforceable by the Enforcement of Judgments Office.
PART 16— INQUIRIES
695. Service inquiries will replace the different statutory and non-statutory provisions which the
armed forces have for holding formal inquiries known as Boards of Inquiry, Unit and Regimental
inquires and ships' inquiries. A service inquiry will be an internal inquiry for the purpose of
establishing the facts of a matter and making recommendations to prevent a recurrence. An inquiry
will be conducted by a panel, the membership of which will depend, amongst other things, on the
matter into which it is inquiring.
Section 343: Service inquiries
696. This section provides the Secretary of State with the relevant power to make regulations for
causing inquiries to be held in prescribed circumstances.
697. Subsection (2) sets out some of the main things about which the regulations in particular may
make provision. These include the matters about which inquiries must or may be held and the
membership and functions of the service inquiry panel.
698. Subsection (3) sets out further provision which may be made by the regulations. The regulations
may, in particular include provision enabling designated persons to decide in prescribed
circumstances that a matter that would otherwise have to be referred to an inquiry panel need not
be referred. They may also make provision about the taking of oaths and affirmations and rights
of attendance at a service inquiry. Evidence given to an inquiry is not to be admissible at summary
hearings under the Act or in proceedings before prescribed courts, except in the case of proceedings
for a prescribed offence.
699. Subsection (4) enables the regulations to include (subject to appropriate modifications) provision
equivalent to section 35 of the Inquiries Act 2005. This provides sanctions for non-compliance
with requirements imposed by an inquiry panel (for example failure, without a reasonable excuse,
to comply with a formal notice requiring attendance at the inquiry or the production of evidence)
and sanctions for actions that are likely to hinder the inquiry (for example doing things intended
to distort or alter evidence given to an inquiry panel).
PART 17— MISCELLANEOUS
Offences relating to service matters punishable by civilian courts
700. This group of sections creates several criminal offences relating to service matters that can be
committed by any person.
Section 344: Aiding or abetting etc desertion or absence without leave
701. Subsection (1) makes it an offence to aid, abet, counsel or procure the commission by another
person of an offence under section 8 (desertion) or section 9 (absence without leave). (An offence
under section 8 or 9 may only be committed by a person who is subject to service law.)
702. Subsection (2) makes it an offence intentionally to do something (or omit to do something)
that causes a person, whom the offender knows to be subject to service law, to be absent without
leave.
703. Subsection (3) makes it an offence intentionally to impede the apprehension or prosecution
of a person subject to service law who has committed an offence contrary to section 8 or 9 where
the offender knows or believes the person subject to service law to be guilty of the relevant offence.
704. Subsection (4) provides that an offence contrary to this section may be committed in a “relevant
territory” by any person, but outside a “relevant territory” only by a UK national or by a person
who is resident in a “relevant territory”. Subsection (5) defines “relevant territory” as the UK, the
Isle of Man or a British overseas territory.
705. Subsection (7) specifies the maximum sentences that may be passed on a person guilty of an
offence under this section on summary conviction and on conviction on indictment. The term
“statutory maximum” used at subsection (7)(a)is defined at section 377(6) and (7).
Section 341: Aiding or abetting etc malingering
706. Subsection (1) makes it an offence to aid, abet, counsel or procure the commission by another
person of an offence under section 16 (malingering). (An offence under section 16 may only be
committed by a person who is subject to service law.)
707. Subsection (2) makes it an offence to do something that causes a person, whom the offender
knows to be subject to service law, an injury, or to do something that aggravates or prolongs an
injury of his with the intention that the person subject to service law will avoid service.
708. Subsection (3) makes it an offence to do something that causes a person, whom the offender
knows to be subject to service law, to believe that he has an injury, or to do something that causes
another person to believe that the person subject to service law has an injury, with the intention
that the person subject to service law will avoid service.
709. Subsection (4) provides that an offence contrary to this section may be committed in a “relevant
territory” by any person, but outside a “relevant territory” only by a UK national or by a person
who is resident in a “relevant territory”. Subsection (5) defines “relevant territory” as the UK, the
Isle of Man or a British overseas territory.
Section 346: Obstructing persons subject to service law in course of duty
710. Subsection (1) provides that it is an offence for any person intentionally to obstruct someone
subject to service law acting in the course of his duty, if he knows or has reasonable cause to believe
that the person he is obstructing is subject to service law.
711. Subsection (2) specifies that the offence may only be committed in the UK, the Isle of Man
or a British overseas territory.
712. Subsection (3) specifies the maximum sentences that may be passed on a person guilty of an
offence under this section on summary conviction.
Section 347: Sections 344 to 346: supplementary provisions
713. Subsection (1) provides that where an offence contrary to section 340 or 341 is committed in
a British overseas territory, proceedings may be taken and the offence may otherwise be treated as
having been committed in the UK or the Isle of Man. It also provides that this shall not prevent
proceedings being taken for the offence in that British overseas territory.
714. Subsection (2) provides that where an offence contrary to section 340 or 341 is committed
otherwise than in the UK, the Isle of Man or a British overseas territory, proceedings may be taken
and the offence may otherwise be treated as having been committed in the UK, the Isle of Man or
a British overseas territory.
715. Subsection (3) defines “United Kingdom national” for the purposes of sections 344 and 345.
716. Subsection (4) specifies what is meant by references in sections 344 to 346 to a person knowing,
or having reasonable cause to believe, that another person is subject to service law.
Section 348: British overseas territories: references to maximum penalties
717. This section makes provision regarding sentences that can be imposed in a British overseas
territory following a conviction for an offence under sections 344, 345 or 346 or under regulations
made by virtue of section 343(5)(b) (Service inquiries). It empowers the British overseas territory
to provide in law for the maximum sentence of imprisonment or the maximum fine to be higher or
lower than that provided for in the Act, and in addition empowers it to specify the amount of local
currency that is to be considered as equivalent to the maximum fine.
718. The effect of this is to allow British overseas territories to set penalties in line with those
provided for under their own law for similar offences, taking into account matters such as average
local incomes which may differ from those in the UK.
Exemptions for certain civil matters
Section 349: Exemption from tolls and charges
719. This section preserves the exemption for vehicles belonging to or in the service of HM Forces
from tolls or charges in respect of their passing over roads or bridges and through tunnels. This
section also covers schemes for imposing charges on the keeping or use of vehicles on particular
roads.
Section 350: Exemption of property used for service purposes from execution
720. This section exempts items used by a serviceman in the course of his duty from being taken
in execution of a court order.
Powers of officers etc
Section 351: Detention etc of persons in overseas service hospitals
721. This section introduces Schedule 12. Schedule 12 makes provision for admitting persons
suffering from mental disorder to service hospitals outside the British Islands, and detaining them
there temporarily for assessment or treatment, in certain defined circumstances. The provisions
apply only to persons subject to service law, or civilians subject to service discipline, who are
outside the British Islands.
Section 352: Power to take affidavits and declarations
722. This section re-enacts a provision which authorises certain officers outside the UK to take
affidavits or declarations from persons subject to service law or to service discipline, where an
otherwise qualified person may not be available. This enables people who are serving overseas to
nevertheless attend to such legal business that requires affidavits or declarations.
723. The section provides for the matters which the authorised officer must state in the jurat or
attestation at the end of the affidavit or declaration, and further provides that a statement contained
in an affidavit or declaration that purports to be signed by an authorised officer shall be admitted
in evidence without separate proof of the signature or the facts contained in the statement.
Protection of children of service families
Section 353: Protection of children of service families
724. This section gives effect to Schedule 13, which amends those sections of the Armed Forces
Act 1991 that provide for the protection of the children of Service families abroad.
Miscellaneous
Section 354: Extension of powers of command dependent on rank or rate
725. The operations and effectiveness of the Armed Forces depend fundamentally on the exercise
of powers to give commands. Some authority to give commands derives simply from rank. A
superior may give commands to someone of lower rank. Other parts of this authority flow from
appointment to a particular responsibility, for example the authority of a CO over those within his
unit.
726. This section deals with that part of the authority to command which arises simply from rank.
It provides so that this authority is not limited by Service: an officer, warrant officer, or non
commissioned officer of any Service (Army, Royal Navy, RAF or Royal Marines) has this authority
over anyone of lower rank in any of the Services. The section accordingly makes tri-Service the
general power to give orders arising from rank.
Section 355: Service of process
727. This section gives the Secretary of State power to make regulations allowing the service of
process on “relevant persons” in connection with prescribed proceedings. “Relevant persons”are
defined as members of the regular forces, members of the reserve forces who are subject to service
law (unless they are so subject on account of undertaking any training or duty) and civilians subject
to service discipline (subsection (3)). The regulations may determine when service of process on
a person's CO will count as service on the person himself and when service of process has no effect
(subsection (2)), for example when the CO certifies that the person is under orders for active service
and that, in the CO's opinion, there is not enough time for the person to attend the hearing and
return.
Section 356: Avoidance of assignment of or charge on pay and pensions etc
728. This re-enacts a current provision to the same effect and makes void assignments and charges
made of or against a serviceman's pay, pension, bounty, grant or allowances. It further prevents a
court from making an order which has the effect of preventing a serviceman receiving his pay etc
and directing payment of it to another person. There are two exceptions to this general prohibition:
the making or variation of attachment of earnings orders, which through the Attachment of Earnings
Act 1971 may only be made against service pensions and gratuities; and the payment of a
serviceman's earnings to his trustee in bankruptcy for use in discharging his debts.
Section 357: Power of British overseas territory to apply Act, etc
729. Forces raised under the laws of a British overseas territory (“BOT”) are Her Majesty's forces.
Four BOTs (Bermuda, Gibraltar, the Falkland Islands and Montserrat) raise defence forces under
their own law, and this section makes provision in relation to that.
730. Paragraph (a) is necessary because BOTs do not have the power to make legislation with
extraterritorial effect without express permission.
731. Paragraph (b) provides that a BOT which makes legislation for its own defence force may do
so by applying some or all of the provisions of this Act. This is not mandatory, and a BOT may
make separate legislation for its own defence force.
Section 358: Amendments relating to reserve forces
732. This section introduces Schedule 14 which sets out amendments to the Reserve Forces Act
1980 and the Reserve Forces Act 1996, the majority of which are consequential upon changes to
the provisions governing the regular forces made in this Act or remove redundant provisions in
relation to the reserve forces.
Section 359: Pardons for servicemen executed for disciplinary offences: recognition as victims
of First World War
733. This section provides that all servicemen executed for certain offences, described as “relevant
offences”, committed between 4 August 1914 and 11 November 1918 shall be taken to be pardoned.
The relevant offences, which include desertion and cowardice, are listed in subsection (3). The
section does not lift the convictions or sentences of the servicemen affected. Nor does it create any
new rights, entitlements or liabilities. It does not affect the royal prerogative of mercy.
THIRD GROUP OF PARTS — GENERAL
PART 18— COMMANDING OFFICER AND OTHER PERSONS WITH FUNCTIONS
UNDER ACT
Officers
Section 360: Meaning of “commanding officer”
734. This section provides the Defence Council with the power to make regulations defining who
the CO of another person is for the purposes of any provision of the Act. These regulations are not
made by statutory instrument as they are administrative documents. They will allow the Defence
Council to provide for matters such as the rank a CO must hold if he is to hear a charge against
another officer of a particular rank.
Section 361: Meaning of “higher authority”
735. This section defines higher authority in relation to a CO for the purposes of the Act as anyone
superior to the CO in his disciplinary chain of command. Hence, when a CO requires higher authority
approval to award particular punishments at a summary hearing it is clear from whom he must seek
this approval.
Section 362: Judge Advocates
736. This section provides that for the purposes of this Act references to “judge advocate”mean
the Judge Advocate General, those people who have been appointed to the office of judge advocate
under the provisions of the Courts-Martial (Appeals) Act 1951 or a High Court judge. This latter
category will allow the Judge Advocate General to select High Court judges for certain trials when
particular expertise is required.
Court officials
Section 363: Court administration officer
737. This section creates the post of the court administration officer for the Court Martial, the SCC
and the SAC. This officer is responsible for administrative matters such as listing cases and notifying
witnesses of hearings in respect of proceedings before the three Service courts.
738. To establish his independence from the chain of command, the power to appoint the court
administration officer is vested in the Defence Council.
Service Prosecuting Authority
Section 364: Director of Service Prosecutions
739. This section provides for the appointment of the DSP and the legal qualifications required for
appointment. There is no requirement that the DSP be a member of HM Forces.
Section 365: Prosecuting officers
740. This section enables the DSP to appoint officers to be prosecuting officers, and provides for
the legal qualifications required for appointment. A prosecuting officer can exercise any of the
DSP's functions unless the DSP directs otherwise.
Section 366: Service Complaints Commissioner
741. This section provides for there to be a Service Complaints Commissioner, appointed by the
Secretary of State (The Commissioners functions are provided for in sections 338 and 339). The
section also provides that the Commissioner must not be a member of Armed Forces or the civil
service, shall be subject to terms of appointment and will not have Crown status.
PART 19— SUPPLEMENTARY

Chapter 1— Application of Act
Persons subject to service law
Section 367: Persons subject to service law: regular and reserve forces
742. This section provides for when members of the armed forces are “subject to service law”. The
test whether a person is “subject to service law” is a key one for most of the provisions of the Act.
For example the various disciplinary offences under Part 1 of the Act are defined so that they relate
to conduct of persons “subject to service law” (Some provisions of the Act also relate , and a few
only relate, to “civilians subject to service discipline”: that term is defined by section 370 and
Schedule 15).
743. All members of the armed forces are in the “regular forces” or the “reserve forces” (These
expressions are defined in section 374). Under this section all members of the regular forces are
subject to service law at all times. Member of the reserve forces are, broadly speaking, subject to
service law only when carrying out training or duties or when “called out” for service under the
legislation relating to the Reserve Forces (the Reserve Forces Acts 1980 and 1996).
Section 368: References to members of the regular forces
744. This section makes further provision about who, for the purposes of this Act, is a member of
the regular forces. Members of the regular forces generally have an obligation to join the reserve
forces after they leave the regulars. Some of them have a further commitment, after being in the
reserves, under which they may be “recalled to service”. This section provides that, where such a
person is recalled to service, he again becomes a member of the regular forces. In such a case he
becomes a member of the regular forces from acceptance back into service until he is released or
discharged. As a member of the regular forces he is (by virtue of section 367) subject to service
law at all times.
745. This section also deals further with the position of officers. Officers who have been granted
permanent commissions normally retain them for life. However, unless he has been recalled to
regular service under this section, an officer is only to be regarded as being a member of the regular
forces if he is on the “active list”. An officer is “on the active list” only if he comes within a
description provided in Queen's Regulations, Royal Warrant or an order under section 2 of the Air
Force (Constitution) Act 1917.
Section 369: Members of British overseas territories' forces serving with UK forces
746. This section provides that when a member of a British overseas territory force undertakes any
duty or training with a regular or reserve force he becomes subject to service law as if he were a
member of that force of an equivalent rank or rate (subsections (1) and (2)). The section also
empowers the Secretary of State to make orders (by statutory instrument) that modify any of the
Act's provisions with respect to members of a British overseas territory force who fall or have fallen
within the provisions of this section (subsection (3)).
Civilians subject to service discipline
Section 370: Civilians subject to service discipline
747. This section defines a “civilian subject to service discipline” as a person who is not subject
to service law and who satisfies the requirements of any paragraph of Part 1 of Schedule 15. It also
gives effect to Part 2 of that Schedule, which makes further provision in relation to the requirements
in Part 1.
Naval Chaplains
Section 371: Naval chaplains
748. This section enables provision to be made for Naval Chaplains. Naval chaplains are unique
in that they have no rank and are commissioned simply as a “chaplain” rather than as an officer
within a chaplains' branch. This section enables the Secretary of State to make regulations (by
statutory instrument) which apply any of the provisions of the Act which apply to officers generally,
to naval chaplains in particular. The regulations may determine the rank a chaplain is to be considered
as holding in those circumstances where a provision affects an officer differently depending on his
rank.
Chapter 2— Other Supplementary Provisions

Section 372: Evidence in proceedings before civilian courts
749. This section gives the Secretary of State power to make provision in regulations made by
statutory instrument with respect to evidence in proceedings for an offence created by or under this
Act before a civilian court in the UK, the Isle of Man or a British overseas territory. It replaces
provisions contained in the SDAs dealing with the admissibility of certain service documents as
evidence. The purpose of such provisions is to establish what may be accepted as evidence without
further proof. For example, if a question arose as to whether a person had given false answers on
enlistment, the regulations could provide that an enlistment document purporting to be signed by
the person in question shall be evidence of the answers to questions that he gave on enlistment.
Section 373: Orders, regulations and rules
750. This section provides that where the Act creates any power for the Secretary of State to make
orders, regulations or rules, these are to be made by statutory instrument and in most cases will be
subject to Parliamentary scrutiny. In certain specified cases those statutory instruments are to be
laid in draft and have to be approved by both Houses of Parliament before coming into effect (the
“affirmative resolution” procedure); whereas all others will come into effect on a prescribed date
but may be annulled by a subsequent decision of either House (the “negative resolution” procedure).
Two types of statutory instrument are not subject to Parliamentary scrutiny, namely a commencement
order and an Order in Council extending the Act to the Channel Islands or modifying it in relation
to the Isle of Man or the British overseas territories. In addition, an Order in Council renewing the
Act or the SDAs under section 382 is not itself subject to Parliamentary approval, but cannot be
made unless each House has approved it in draft.
751. The section also provides that where the Defence Council is empowered to make regulations
by statutory instrument, the provisions of the Statutory Instruments Act 1946 (which provides only
for the Sovereign and Ministers of the Crown to make statutory instruments) are extended to the
Defence Council for these purposes, thereby treating the Defence Council as if it were a Minister
of the Crown.
Chapter 3— Interpretation
Section 375: Definitions relating to police forces
752. This section contains definitions relating to service, civilian and overseas police forces. One
change to be noted is that the “Royal Navy Regulating Branch” has been renamed the “Royal Navy
Police”, in order to make it clearer that this is a police force.
Section 376:“Conviction”, “sentence”etcin relation to summary hearings and the SAC
753. This section provides for certain expressions used in the Act, which would normally be used
only in relation to the Court Martial and the SCC, to be read as including the corresponding terms
in relation to summary hearings and the SAC. For example, a finding by a CO that the charge is
proved is to be treated for the purposes of the Act as a “conviction”.
754. Subsection (5) also modifies the expression “in open court”. In the case of a summary hearing,
which is not open to the public, this means in the presence of the offender.
Chapter 4— Final Provisions
Section 378: Minor and consequential amendments and repeals
755. This section introduces Schedules 16 and 17. Schedule 16 sets out the minor and consequential
amendments to other Acts that are required as a consequence of the provisions of this Act; whilst
Schedule 17 sets out the repeals and revocations in other Acts and subordinate legislation that are
required as a consequence of this Act. Legislation about the armed forces is referred to in very
many other Acts and pieces of subordinate legislation and these now require up-dating so that, for
example, they refer to the “Armed Forces Act 2006” rather than the individual SDAs.
Section 379: Power to make further amendments and repeals
756. This section gives the Secretary of State the power to make orders (by statutory instrument)
to amend or repeal any primary legislation passed before or in the same session as this Act or to
amend or revoke any secondary legislation made before this Act is passed, for the purposes of
giving full effect to the Act or to make provision consequential to it. The references to primary and
secondary legislation include Acts of the Scottish Parliament or Northern Ireland legislation and
subordinate legislation passed under such Acts or legislation.
757. In respect of the devolved administrations this power will only be used in connection with
devolved matters specifically for the reserved purpose of defence, and any such amendments or
repeals or revocations will be subject to consultation with those legislatures. An order under this
section may not be made unless approved in draft by both Houses of Parliament (section 373(3)).
Section 380: Power to make transitional and transitory provision
758. Under this section the Secretary of State may make orders for transitional and transitory
provisions in connection with bringing the Act into effect. The provisions may include ones saving
provisions of repealed enactments, so that they are able to have a continuing effect in certain
circumstances. A simple example of the sort of provision that may be needed would be to allow
proceedings which have begun in accordance with procedures laid down in one of the current SDAs
to continue on that basis after new procedures under the Act have been brought into force. The
main provisions of this section are noted below.
759. Subsection (2) specifies some broad matters which may be provided for in orders under this
section. These include provision for the continuation of proceedings that have begun before the
commencement of the Act. Another provision specifically mentioned is for the punishments available
for offences committed before commencement. Under the Act, for example, a Royal Navy CO will
lose his power of summary dismissal. Under this section the Secretary of State will be able to
provide by order about whether such a CO will retain that power in summary proceedings begun
before the repeal of that power takes effect under the Act.
760. Orders under this section will also be able to give powers, functions and jurisdiction (subsection
(3)). For example, the new SCC might be given jurisdiction over cases which immediately before
commencement were within the jurisdiction of a Standing Civilian Court. Subsections (4) and (5)
enable provisions of the Act and other enactments affected by it to apply on a transitional basis
with specified modifications.
761. Subsection (6) deals with a particular transitional problem which arises from the fact that
section 61 of the Criminal Justice and Court Services Act 2000 has been passed but has not yet
been brought into force. That section, when brought into force, will reduce from 21 to 18 the
minimum age at which an offender may be sentenced to imprisonment. The SDAs by contrast
include provision for orders relating to imprisonment between the ages of 18 and 21. Section 208
of the Act reflects the minimum age of 18 and so does not deal with imprisonment between 18 and
21. If section 61 is still not in force on commencement of the relevant provisions of the Act,
subsection (6) enables the power under subsection (4) to be used to provide for an alternative form
of custodial sentence (e.g. by applying the SDA provisions with modifications).
762. Subsection (7) makes a safeguard as to the use of the powers in this section. It provides that
an order under this section may not allow a more severe to be available for an offence than was
available at the time the offence was committed.
763. Section 382 provides for the expiry of the SDAs not later than the end of 2011. Subsection
(9) of this section provides for savings under this section to be unaffected by that expiry date.
Section 381: Alignment of SDAs etc with this Act
764. This section provides the Secretary of State with a power to amend or repeal provisions of the
various Acts listed in subsection (3) in order to bring the operation of the current law closer to the
effect that will be achieved under this Act. Because orders made under this section will amend
primary legislation the orders will be subject to the affirmative resolution procedure and so will
receive full parliamentary scrutiny. The purpose of this power is to reduce the differences as far as
practicable between current procedures and those that will be in place under this Act. This will
help to make the transition from the current systems to the single new system smoother and more
manageable for the Services.
Section 382: Duration of SDAs and this Act
765. The section maintains for this Act the same requirements for renewal which currently apply
to the SDAs. The Act is subject to renewal each year by Order in Council. The order must be
approved by Parliament in draft. But it may be renewed in this way for a maximum of five years.
Renewal beyond that time will require an Act of Parliament.
766. This section also deals with the need to continue in force the SDAs until the Act is brought
into force. To do this, it provides for the SDAs to be renewable annually by Order in Council. Again
the approval of Parliament to the draft Orders is required, and renewal in this way is only permitted
for a maximum of five years. As mentioned in the note on section 373, subsection (9) of that section
allows provisions of the SDAs which have been saved under that section to continue in force despite
the expiry provisions of this section.
Section 383: Commencement
767. This section provides for certain sections to come into effect on Royal Assent (when, that is,
the Act becomes an Act). The sections are:
• Section 359, which creates a pardon for persons executed for particular offences committed
between the 4th August 1914 and the 11th November 1918;
• section 373, which provides how orders, regulations and rules under the Act are to be
made;
• section 382, which provides for the renewal and expiry of the SDAs and the Act (the repeal
of section 1 of the Armed Forces Act 2001, which currently governs the renewal and repeal
of the Service Discipline Acts, is accordingly repealed at the same time);
• section 384, which provides for the Act to extend to the Channel Islands, the Isle of Man
and the British overseas territories; and
• section 386, which gives the Act its short title — the Armed Forces Act 2006.
768. The section also provides for the Secretary of State to bring into force the other provisions of
the Act on days appointed by order. These commencement orders are statutory instruments but are
not subject to parliamentary procedure.
Section 384: Extent to Channel Islands, Isle of Man and British overseas territories
769. The Act extends to (i.e. forms part of the law of) every part of the UK. This section provides
for its extent outside the UK.
770. Subsection (1) enables the Act to be extended to the Channel Islands by Order in Council. If
such an Order is made, it can modify the Act (so that the law of the Channel Islands is not the same
as that of the UK).
771. Under subsection (2) the Act extends directly (i.e. without the need for an Order in Council)
to the Isle of Man and the British overseas territories; but an Order in Council can be made in order
to modify it in its application to any of those territories.
772. An Order in Council under this section is not subject to parliamentary approval: see section
373(4).
Section 385: Extent of applied enactments
773. Subsection (1) ensures that, where another enactment is applied by the Act or by subordinate
legislation made under it, for this purpose the applied enactment extends to (i.e. forms part of the
law of) every part of the UK, even if the original enactment extends only to part of the UK.
774. Subsection (2) similarly applies the rules in section 384 (which deals with the extent of the
Act outside the UK) to any enactment applied by or under the Act.
SCHEDULES
SCHEDULE 1— CRIMINAL CONDUCT OFFENCES THAT MAY BE DEALT WITH AT
A SUMMARY HEARING
775. At present the Army and the RAF set out which criminal conduct offences a CO may deal
with summarily, whilst the Royal Navy places very few restrictions on the offences that may be
tried summarily (although the powers of punishment available to Royal Navy COs necessarily
operate to restrict which criminal conduct matters may be tried summarily). Under the Act the
criminal offences that may be heard summarily are set out in this Schedule and are divided into
those that a CO may hear without extended powers (see the notes on Part 2 of the Schedule below)
and those for which such powers are required. Section 53 provides that the Secretary of State may
by order amend this Schedule.
Part 1— Offences that may be dealt with without permission
776. This Part lists the twelve criminal conduct offences that a CO may deal with summarily without
the grant of extended powers from higher authority.
Part 2— Offences that may be dealt with only with permission
777. This Part lists the eight criminal conduct offences that a CO may hear summarily only if he
has been granted permission to do so by higher authority, or he is a senior officer.
SCHEDULE 2— “ SCHEDULE 2OFFENCES”
778. Section 113 requires a CO to notify a service police force when he becomes aware that a
serious offence has or may have been committed by a person under his command. Section 116
requires a service policeman who considers there is sufficient evidence to charge a person with a
serious offence, or an offence prescribed by regulations made by the Secretary of State under section
128, to refer the case to the Director of Public Prosecutions. Schedule 2 lists those serious offences
to which section 113 and section 116 apply. They include serious disciplinary offences, such as
mutiny and desertion, and serious criminal offences, such as murder, manslaughter and certain
sexual offences.
SCHEDULE 3— CIVILIANS ETC: MODIFICATIONS OF COURT MARTIAL
SENTENCING POWERS
779. This Schedule modifies section 164 (which provides for the punishments available to the Court
Martial) for two categories of offender.
Part 1— Civilian offenders
780. Part 1 of the Schedule applies to civilian offenders. “Civilian offender”is defined by paragraph
1(2) to (4). In the case of such an offender, paragraph 1(1) substitutes a more limited range of
punishments in place of those available under section 164.
781. For this purpose paragraph 2 modifies section 42(3) (which provides for the punishments
available under section 163 in the case of an offence of criminal conduct under section 42) so that
a civilian offender convicted of a criminal conduct offence is liable to imprisonment only if the
corresponding civilian offence is punishable with imprisonment. The other punishments listed in
paragraph 1(1) are available in any event.
Part 2— Ex-servicemen etc
782. Part 2 of the Schedule applies to offenders who satisfy the conditions listed in paragraph 3(2).
These will normally be people who committed an offence while subject to service law but are no
longer subject to service law when sentenced for the offence. In the case of such an offender,
paragraph 3(1) substitutes a more limited range of punishments in place of those available under
section 164.
783. For this purpose paragraph 4 modifies provisions restricting the punishments available under
section 164, so that the restrictions apply similarly in relation to the punishments listed in paragraph
3.
SCHEDULE 4— UNFITNESS AND INSANITY:MODIFICATIONS OF MENTAL HEALTH
ACT 1983
784. Schedule 4 modifies how sections 35 to 38, 40 and 41 of the Mental Health Act 1983 (“the
1983 Act”) have effect where the Court Martial finds a defendant unfit to stand trial or not guilty
by reason of insanity (see section 168).
785. Paragraph 1 modifies section 37 of the 1983 Act so as to provide that the Court Martial may
make a hospital order (authorising the defendant's admission to and detention in hospital) in a case
where a finding under section 168(1) has been made.
786. Paragraph 2 modifies section 41(1) of the 1983 Act so as to provide that, where such a finding
has been made, the Court Martial may make a restriction order (restricting the defendant's discharge
from hospital) in addition to a hospital order.
787. Paragraphs 3, 4 and 5 modify several sections of the 1983 Act to provide that options open to
the court for dealing with the accused under those sections are open to the Court Martial in
circumstances where it has made a finding under section 168(1), but has not yet made one of the
orders listed at section 169(2).
788. Paragraph 3 modifies section 35 to provide that the Court Martial may remand the defendant
to a hospital in order to obtain a report on his mental condition; paragraph 4 modifies section 36
to provide that the Court Martial may remand him to a hospital in order for him to be detained there
and receive medical treatment; while paragraph 5 modifies section 38 to provide that the Court
Martial may make an interim hospital order in respect of him.
SCHEDULE 5— BREACH, REVOCATION AND AMENDMENT OF COMMUNITY
PUNISHMENTS
Part 1— Service community orders
789. This part of the Schedule modifies Schedule 8 to the Criminal Justice Act 2003 (“the 2003
Act”) so as to enable the Crown Court to deal with breaches of service community orders and to
revoke or amend such orders. The effect is as follows:
790. If the responsible officer thinks that the offender has failed without reasonable excuse to
comply with the order, he can (and, if the offender has been warned about such failure within the
previous 12 months, must) lay an information before the Crown Court. That court can then issue
a summons or warrant. If the court is satisfied that the offender has failed without reasonable excuse
to comply with the order, it must either amend the order so as to make the requirements more
onerous or re-sentence the offender for the original offence. If the offender is aged 18 or over and
the failure to comply is wilful and persistent, the court can impose a sentence of imprisonment even
if the original offence was not punishable with imprisonment.
791. The offender or the responsible officer can apply to the Crown Court for the order to be
revoked. The court can revoke the order if it thinks this is in the interests of justice, having regard
to developments since the order was made (such as the offender's making good progress or
responding satisfactorily to supervision or treatment). If the court does revoke the order it can also
re-sentence the offender for the original offence.
792. The offender or the responsible officer can apply to the Crown Court for the order to be
amended. The court can substitute for the local justice area specified in the order a different local
justice area to which the offender has moved or is moving, cancel any of the requirements in the
order, or substitute other requirements of the same kind. Certain kinds of requirement may not be
amended unless the offender agrees to comply with the amended requirement, but if he does not
agree the court can re-sentence him for the original offence.
793. If the offender is convicted of another offence by a magistrates' court while the order is in
force, that court can refer the offender to the Crown Court. The Crown Court can then revoke the
order, with or without re-sentencing the offender for the original offence. The same powers are
available if the Crown Court itself convicts the offender of another offence while the order is in
force.
794. In each case where the Crown Court has power to re-sentence the offender for the original
offence, it can exercise its ordinary sentencing powers rather than those of the service court that
made the order (except that, where it was the SCC that made the order, the Crown Court cannot
impose a term of imprisonment, or a fine, greater than the SCC could have imposed). The offender
can appeal against the new sentence as if he had been convicted by the Crown Court of the original
offence.
Part 2— Overseas community orders
795. This part of the Schedule modifies Schedule 8 to the 2003 Act so as to enable the Court Martial
and the SCC to deal with breaches of overseas community orders and to revoke or amend such
orders. The effect is as follows:
796. If the responsible officer thinks that the offender has failed without reasonable excuse to
comply with the order, he can (and, if the offender has been warned about such failure within the
previous 12 months, must) make an application to the court that made the order (or, if the order
was made on appeal, to the Court Martial). That court can then issue a summons or warrant. If the
court is satisfied that the offender has failed without reasonable excuse to comply with the order,
it must either amend the order so as to make the requirements more onerous or re-sentence the
offender for the original offence. If the offender is aged 18 or over and the failure to comply is
wilful and persistent, the court can impose a custodial sentence even if the original offence was
not punishable with such a sentence.
797. The offender or the responsible officer can apply to the court that made the order (or, if the
order was made on appeal, the Court Martial) for the order to be revoked. The court can revoke
the order if it thinks this is in the interests of justice, having regard to developments since the order
was made. If the court does revoke the order it can also re-sentence the offender for the original
offence.
798. The offender or the responsible officer can apply to the court that made the order (or, if the
order was made on appeal, the Court Martial) for the order to be amended. The court can cancel
any of the requirements in the order, or substitute other requirements of the same kind. Certain
kinds of requirement may not be amended unless the offender agrees to comply with the amended
requirement, but if he does not agree the court can re-sentence him for the original offence.
799. If the offender is convicted by the Court Martial of a further offence while the order is in force,
the court can revoke the order, with or without re-sentencing the offender for the original offence.
The SCC has a similar power, but only where it was the SCC that made the order.
800. Where the order was not made by the Court Martial, and that court re-sentences the offender
for the original offence, he can appeal against the new sentence as if it had been the Court Martial
that convicted him of the original offence.
801. Court Martial rules can enable the powers conferred on the Court Martial by Schedule 8 to
the 2003 Act (as applied by this Schedule) to be exercised by a judge advocate sitting alone.
SCHEDULE 6— OVERSEAS COMMUNITY ORDERS: YOUNG OFFENDERS

802. This Schedule further modifies, for offenders aged under 18 on conviction, the provisions of
the 2003 Act that are applied to overseas community orders (with modifications) by section 181.
It also provides for a new requirement specifically for young offenders.
803. Paragraph 1 prevents an unpaid work requirement from being included in the order if the
offender is aged under 16 on conviction.
804. Paragraph 2 reduces to three months the maximum period for which an exclusion requirement
can be imposed. Paragraph 8 enables the Secretary of State to amend this maximum.
805. Paragraph 3 modifies the residence requirement so that, instead of specifying a place where
the offender must reside, the order can require him to reside with a specified person, provided that
that person has consented to the requirement. If the offender is under 16 on conviction he cannot
be required to reside at a specified place but only with a specified person.
806. Paragraph 4 dispenses with the need for the offender's consent to the imposition of a mental
health requirement, or to the making of arrangements for treatment under such a requirement, if
the offender is aged under 14 when the requirement is imposed or the arrangements made.
807. Under the 2003 Act, a drug rehabilitation requirement must require the offender not only to
undergo treatment but also to provide samples for testing to see whether he has any drugs in his
body; but a court cannot impose a drug rehabilitation requirement unless the offender agrees to
comply with it. In the case of an offender aged 14 or over but under 18, paragraph 5 prohibits a
drug rehabilitation requirement from including a requirement to provide samples for testing unless
the offender agrees to do so (as well as agreeing to undergo treatment). An offender aged under 14
can be required to undergo treatment without his agreement, but cannot be required to provide
samples at all. The 6-month minimum period for a drug rehabilitation requirement does not apply
where the offender is under 18 on conviction.
808. Under paragraph 6, an alcohol treatment requirement cannot be imposed on an offender aged
under 18 on conviction.
809. Paragraph 7 provides for an education requirement, which is available only for offenders aged
under 18 on conviction and requires the offender to comply with arrangements made for his education
during a specified period.
SCHEDULE 7— SUSPENDED PRISON SENTENCE: FURTHER CONVICTION OR
BREACH OF REQUIREMENT
810. This Schedule modifies Part 2 of Schedule 12 to the 2003 Act, which makes provision for
dealing with an offender who fails to comply with the community requirements under a suspended
sentence order, or is convicted of a further offence committed during the operational period. In the
case of a suspended sentence order with community requirements made by a service court, paragraph
1 provides that certain provisions of Schedule 12 to the 2003 Act do not apply (chiefly so as to
ensure that the court responsible for enforcing such an order in England and Wales is the Crown
Court), and that certain other provisions of that Schedule are modified in accordance with paragraphs
4 to 9 of this Schedule. The effect is as follows:
811. Where, in the case of a suspended sentence order made by a civilian court, the responsible
officer would lay an information before a justice of the peace alleging that the offender has failed
without reasonable excuse to comply with the requirements of the order, he must instead lay the
information before the Crown Court, and it is the Crown Court that can issue a summons or warrant.
812. If the Crown Court is satisfied that the offender has failed without reasonable excuse to comply
with the requirements of the order, or convicts him of an offence committed during the operational
period of the order, it must deal with him in one of the ways specified by paragraph 8(2) of Schedule
12 to the 2003 Act. It can order that the suspended sentence is to take effect, with or without an
amendment to its original terms; or it can amend the suspended sentence order so as to impose
more onerous requirements, extend the period for which the requirements apply, or extend the
operational period. Where it orders that the suspended sentence is to take effect, the offender can
appeal against that order as if it were a sentence.
813. The SCC must similarly deal with the offender in one of the ways specified by paragraph 8(2)
of Schedule 12 to the 2003 Act if it convicts him of a further service offence committed during the
operational period.
814. The Court Martial must deal with the offender in one of the ways specified by paragraph 8(2)
of Schedule 12 to the 2003 Act if—
• it convicts him of a further service offence committed during the operational period, or
• he is convicted by a civilian court in the British Islands of an offence committed during
the operational period, or is convicted of a service offence committed during that period,
but is not dealt with in respect of the suspended sentence and subsequently appears or is
brought before the Court Martial. The Court Martial can issue a summons or a warrant for
this purpose. For this purpose a magistrates' court in England and Wales, and any court in
Scotland or Northern Ireland, must notify the Court Martial if it convicts the offender of an
offence committed during the operational period.
815. Where the Court Martial or the SCC orders that the suspended sentence is to take effect, that
court can make a custody plus order, but is not required to do so. The offender can appeal against
the order as if it were a sentence.
816. In the case of a suspended sentence order without community requirements, paragraph 2
disapplies those provisions of Part 2 of Schedule 12 to the 2003 Act that relate to breaches of
community requirements. If the offender is convicted of a further offence, paragraphs 6 to 9 modify
Schedule 12 to the 2003 Act in the same way as for a suspended sentence order with community
requirements.
SCHEDULE 8— AMENDMENT OF THE COURTS-MARTIAL (APPEALS) ACT 1968
817. This Schedule makes a number of amendments to the Courts-Martial (Appeals) Act 1968 (“the
1968 Act”), which it renames as the Court Martial Appeals Act 1968. Most of these amendments
reflect other changes made by the Act, including (for example) the creation of a standing Court
Martial, the requirement to pass a separate sentence for each offence, and the abolition of
court-martial review, court-martial presidents and the post of Judge Advocate of Her Majesty's
Fleet. These changes enable the law on appeals from the Court Martial to be simplified and aligned
more closely with that on appeals from the Crown Court.
818. For example, paragraph 10 inserts a new subsection (3) into section 12 of the 1968 Act which
provides that an appellant whose conviction is quashed on appeal is to be treated as if he had been
acquitted by the Court Martial, unless the appeal court orders a retrial under section 19. Section 18
currently prevents the retrial of an appellant whose conviction is quashed (unless the court orders
a retrial); but the new section 12(3) makes section 18 redundant (because section 63 prevents the
retrial of a person who has been acquitted by the Court Martial), and section 18 is therefore repealed
by paragraph 19.
819. Paragraph 11 replaces section 13 of the 1968 Act, which enables the Courts-Martial Appeal
Court—renamed by the Act as the Court Martial Appeal Court (“CMAC”)—to substitute a different
sentence where the appellant was convicted on two or more charges and some, but not all, of the
convictions are quashed. In its present form, section 13 reflects the fact that the court-martial will
have passed a single sentence in respect of all the convictions. Under the Act, by contrast, the Court
Martial will have passed a separate sentence for each conviction. Where the CMAC quashes some
convictions but not all, the new section 13 accordingly allows the CMAC to substitute, in respect
of any conviction that still stands, any sentence which the court thinks appropriate and the Court
Martial could have passed. But this must not be done in such a way that the sentences for the
remaining convictions, taken together, are more severe than those passed by the Court Martial
(including those passed in respect of convictions that are now quashed). The effect of the new
section 13 is similar to that of section 4 of the Criminal Appeal Act 1968 in relation to appeals
from the Crown Court.
820. Paragraph 16 replaces section 16A of the 1968 Act, which sets out the powers available to the
court on an appeal against sentence. Again the new section reflects the fact that the Court Martial
will have passed a separate sentence for each offence of which the appellant was convicted.
821. Paragraph 17 amends section 17 of the 1968 Act so that, unless the appeal court otherwise
directs, a sentence passed on appeal takes effect from the day on which the Court Martial passed
sentence (rather than, as at present, the time when the new sentence would have taken effect if it
had been passed at the trial).
822. Paragraph 21 amends section 20 of the 1968 Act, which makes provision for retrials ordered
under section 19, so that the effect is broadly similar to that of section 8 of the Criminal Appeal
Act 1968.
823. Paragraph 29 repeals section 26 of the 1968 Act, which allows an appellant to present his case
in writing, in the prescribed form, instead of orally. There is no equivalent provision in the civilian
system, and no form has been prescribed.
824. Paragraph 30 replaces section 27 of the 1968 Act, which provides that an appellant is not
entitled to be present at the hearing of the appeal unless the court gives him leave, with a new
section 27 which provides that (subject to certain exceptions) he is entitled to be present.
825. Paragraph 40 amends section 38 of the 1968 Act so that it is the Director of Service
Prosecutions, rather than the Defence Council, who has the duty of defending any appeal.
826. Section 56 of the 1968 Act gives effect to Schedule 3 to that Act, which modifies the provisions
of the Act for appeals from courts-martial convened to try prisoners of war. Paragraph 55 repeals
Schedule 3, and paragraph 50 substitutes a new section 56 under which the Act applies to such
appeals with such modifications as may be contained in the Royal Warrant governing prisoner of
war courts-martial.
827. Paragraph 54 replaces Schedule 1 to the 1968 Act, which makes separate provision for each
Service in relation to the giving of evidence at a retrial ordered under section 19, the sentence
available on conviction at such a retrial, and the giving of credit for time spent in custody.
SCHEDULE 9— ASSESSORS OF COMPENSATION FOR MISCARRIAGES OF JUSTICE
828. If the Secretary of State determines a person has a right to a compensation payment under
section 276 the amount of the payment is assessed by persons who are appointed as assessors. This
Schedule sets out various matters concerning the qualifications and terms of appointment of
assessors.
829. In paragraph 1 the qualifications for appointment as an assessor are set out. These are the same
as for those appointed for the purposes of the scheme in relation to the civilian courts, including
the requirement to hold suitable legal qualifications or be a member of the Criminal Injuries
Compensation Board.
830. Paragraph 3 stipulates that a person shall cease to hold office as an assessor if he no longer
has the necessary qualifications under paragraph 1 or attains the age of 72. However, even if one
of these conditions exists the Secretary of State may nevertheless allow the individual to continue
to hold office as an assessor if he thinks that it is in the interests of the efficient operation of section
276 to do so.
831. Paragraph 4 gives the assessor the right to resign by giving notice in writing to the Secretary
of State; and paragraph 5 allows the Secretary of State to remove an assessor in certain circumstances,
such as following a conviction of the assessor for a criminal offence.
832. Paragraph 6 provides that where the Secretary of State proposes to remove an assessor under
paragraph 5, he may only do so with the consent of the Lord Chancellor or the Lord President of
the Court of Session as the case may be, depending upon which qualification for the office the
assessor holds. For example, an assessor who is an advocate or solicitor in Scotland may only be
removed from office with the consent of the Lord President of the Court of Session.
833. Paragraph 7 provides for the remuneration and allowances of assessors to be determined by
the Secretary of State.
SCHEDULE 10— PROCEEDINGS OF THE SERVICE CIVILIAN COURT
834. This Schedule provides for certain matters concerning the procedure and practice of the Service
Civilian Court. Paragraph 1 provides that the SCC must sit in open court, that is, in public, subject
to any provision made by SCC rules (made under section 288).
835. Paragraph 2 deals with the procedure to be followed if a question arises at a trial as to whether
a defendant is fit to stand trial or, where it appears the defendant did the act or made the omission
charged, where a question arises as to whether he was insane at that time. In either case the court
must refer the charge to the Court Martial for trial by that court.
836. Paragraph 3 provides that a witness or any other person who has a duty to attend the court is
entitled to the same privileges and immunities as a witness before a magistrates' court in England
and Wales.
SCHEDULE 11— POWERS OF THE CRIMINAL CASES REVIEW COMMISSION
837. This Schedule confers powers on the Criminal Cases Review Commission in relation to
convictions by service courts and sentences passed in relation to such convictions. It also makes a
number of amendments which are necessary as a result of the introduction of these powers.
838. Paragraph 1 amends the Court Martial Appeals Act 1968 so that the CMAC can direct the
Commission to investigate a case and report to the court. This reflects the existing power of the
Court of Appeal under section 23A of the Criminal Appeal Act 1968.
839. The remainder of the Schedule amends the Criminal Appeal Act 1995 (“the 1995 Act”), which
governs the powers of the Commission. Paragraph 2 inserts new sections 12A and 12B. The new
section 12A enables the Commission to refer to the CMAC a conviction by the Court Martial
(including a conviction on appeal from the SCC), a sentence imposed by the Court Martial in
relation to such a conviction, or a sentence imposed by the Court Martial on an appeal against a
sentence imposed by the SCC. A reference counts as an appeal against the conviction or the sentence,
as the case may be.
840. The new section 12B similarly enables the Commission to refer to the Court Martial a conviction
or sentence of the SCC. Where there has already been an appeal to the Court Martial, however,
any reference by the Commission will be to the CMAC under section 12A. In the absence of
exceptional circumstances a reference under section 12B will be possible only where no appeal
has yet been brought, and leave to appeal out of time has been refused.
841. Section 17 of the 1995 Act entitles the Commission to require the disclosure by a public body
of documents relevant to an investigation. Section 18 replaces this with a more limited duty of
disclosure where the documents in question are held by a government department in connection
with consideration of the case by the Secretary of State (with a view to a possible reference to the
Court of Appeal under section 17 of the Criminal Appeal Act 1968 — which was repealed by the
1995 Act), or, a recommendation for the exercise of the prerogative of mercy. Paragraph 7 of the
Schedule amends section 18 of the 1995 Act so that section 17 is similarly excluded in the case of
documents held in connection with consideration of a possible reference to the CMAC (under
section 34 of the Court Martial Appeals Act 1968 — which is not repealed by the Act), or, a
recommendation for the exercise of the prerogative of mercy in relation to a service conviction.
842. Section 19 of the 1995 Act gives the Commission power to require the appointment of an
investigating officer to carry out inquiries. Where the original investigation was carried out by a
police force, the Commission can require the chief constable to appoint either a person serving in
that force or a person serving in another force. Paragraph 8 of the Schedule amends section 19 so
that, where the investigation was carried out by service personnel, the Commission can impose a
similar requirement on the Provost Marshal for the Service in question. He can be required to
appoint either a person serving in his own service police force or a person serving in one of the
other service police forces or a civilian force.
SCHEDULE 12— DETENTION ETC OF PERSONS IN OVERSEAS SERVICE HOSPITALS
843. This Schedule provides the framework for powers to detain, assess and treat a person overseas
who is subject to service law or service discipline, where it is considered that he is suffering from
a mental disorder. The powers, duties and obligations provided for in the Schedule are similar to
those available to medical authorities within England and Wales and are loosely based upon the
provisions of the 1983 Act. The Schedule is given effect by section 351.
844. Paragraph 2 contains the main powers in the Schedule to admit persons to, and detain them
temporarily in, overseas service hospitals (i.e. service hospitals outside the British Islands: see
paragraph 12) for assessment or treatment. The powers in paragraph 2 apply to persons subject to
service law, or civilians subject to service discipline, who are outside the British Islands (paragraph
2(1)).
845. The person's CO can make an order under paragraph 2(3) for the person to be detained in (or
admitted to and detained in) an overseas service hospital on the recommendation of two registered
medical practitioners. Such an order has effect for 28 days (paragraph 3(2)(a)).
846. If the case is urgent, the CO can make an order under paragraph 2(3) on the recommendation
of one registered medical practitioner, but such an order has effect for only 5 days (paragraph
3(2)(b)).
847. If an order under paragraph 2(3) is made on the recommendation of one registered medical
practitioner, the CO can, under paragraph 2(5), make a further order in relation to the person if
another recommendation is produced to him while the paragraph 2(3) order is in force. The paragraph
2(5) order has effect for 28 days from the date of the paragraph 2(3) order (see paragraph 3(3)).
848. Paragraph 3(4) sets out the effects of an order under paragraph 2. Paragraph 3(4)(c) gives
authority for the person to be taken back to the UK for further assessment or treatment. But in that
case the order has effect for a maximum of 24 hours after the person's arrival back in the UK
(paragraph 3(5)).
849. Recommendations under paragraph 2 must include a statement that the registered medical
practitioner is satisfied that all the relevant conditions are met in the case of the person (paragraph
4(1)). Paragraph 1 sets out the relevant conditions.
850. Where an order is made under paragraph 2(3) on the recommendation of only one registered
medical practitioner, the recommendation must include a further statement relating to the urgency
of the situation (paragraph 4(2)).
851. Paragraph 5 enables any authorised officer to exercise the CO's powers under paragraph 2 if
the CO is absent or otherwise not available. “Authorised”is defined in paragraph 5(3). But note
that the power in paragraph 5 cannot be used in the case of a civilian subject to service discipline
(paragraph 5(1)).
852. Paragraph 6 confers a regulation-making power on the Secretary of State to enable persons
to apply to revoke an order under paragraph 2. Such an application may be made immediately after
the paragraph 2 order is made (paragraph 6(1)). The persons hearing the application (and the
regulations may make provision as to, inter alia, who should hear such applications) may either
confirm or revoke the order, and direct the immediate release of the person subject to the order
(paragraph 6(3)).
853. Paragraph 7 applies in the case of persons subject to service law, or civilians subject to service
discipline, who are currently already patients in an overseas service hospital (paragraph 7(1)). The
paragraph empowers the CO of the service hospital to detain the patient in the hospital for a short
period while an order under paragraph 2(3) is sought in relation to the patient (paragraph 7(3)).
854. A person can be detained under this power for a maximum of 24 hours (paragraph 7(4) to (7)).
855. The power in paragraph 7 applies only if a registered medical practitioner decides that all the
relevant conditions (see paragraph 1) are met, or a prescribed person decides that all the relevant
conditions appear to be met, in the case of the patient (paragraph 7(1)). “Prescribed person” means
a person of a description prescribed in regulations made by the Secretary of State (paragraph 7(9)).
The regulations might, for example, prescribe nurses.
856. Paragraph 8 authorises, outside the British Islands and in defined circumstances, the removal
from service living accommodation of a person subject to service law, or a civilian subject to service
discipline; and his detention for a short period in an overseas service hospital while an order under
paragraph 2(3) is sought in relation to him.
857. Paragraph 8 empowers a service policeman, in the circumstances specified in paragraph 8(1),
to enter service living accommodation (see paragraph 12(3)) and remove a person to an overseas
service hospital (paragraph 8(2)). The CO of the service hospital can then detain the person for a
maximum of 24 hours (paragraph 8(4) to (7)) while the paragraph 2(3) order is sought.
858. Paragraph 8(3) requires the service policeman, if reasonably practicable, to be accompanied
by a registered medical practitioner or a person of a description prescribed in regulations made by
the Secretary of State. The accompanying person can assist the service policeman to enter the
accommodation and to remove the person to the service hospital.
859. Paragraph 9 contains a power similar to that in paragraph 8. It applies where a service policeman
finds in a relevant place (see below) outside the British Islands a person appearing to him to be a
person subject to service law or a civilian subject to service discipline and the remaining conditions
in paragraph 9(1) are met.
860. “Relevant place” means either a public place or premises (other than service living
accommodation) occupied or controlled by HM Forces (paragraph 9(8)).
861. Again, the service policeman may remove the person to an overseas service hospital (paragraph
9(2)) and the CO of the hospital can detain the person there for a maximum of 24 hours (paragraph
9(3) to (6)) while the paragraph 2(3) order is sought. Paragraph 9 contains no requirement akin to
paragraph 8(3).
862. Paragraph 10 enables a person exercising a power under the Schedule to use reasonable force,
if necessary, in exercise of the power.
863. Paragraph 11 deems a person who is being conveyed, removed or detained by virtue of a
provision in the Schedule to be in service custody. This allows rules under section 300 (service
custody etc rules) to be made which will apply to the conveyance, removal or detention of the
person under the provisions in the Schedule.
SCHEDULE 13— PROTECTION OF CHILDREN OF SERVICE FAMILIES
864. This Schedule amends those sections of the Armed Forces Act 1991 (“the 1991 Act”) that
provide for the protection of children of Service families abroad. The effect of the amendments is
two-fold. First, they make the 1991 Act more consistent with Part V of the Children Act 1989 (“the
1989 Act”) by (a) creating a power to include an exclusion requirement in a protection order
(paragraph 5 — analogous to section 44A of the 1989 Act) and (b) empowering the service police
to remove children in cases of emergency (paragraph 8 — analogous to section 46 of the 1989
Act). Second, they make the 1991 Act more consistent with the Act, most importantly by requiring
that a judge advocate, rather than an officer, will make child assessment orders (paragraph 1(3) et
seq.) and protection orders (paragraph 3(3) et seq.).
865. Paragraph 4(4) substitutes a new section 20(9) in the 1991 Act which makes it an offence for
a person subject to service law or a civilian subject to service discipline intentionally to fail to
comply with an exclusion requirement included in a protection order.
866. Paragraph 5 inserts a new section 20A into the 1991 Act providing that a judge advocate, on
being satisfied that certain conditions are satisfied, may include an exclusion requirement in a
protection order. An exclusion requirement is defined in section 20A(2) and the relevant conditions
are specified in section 20A(3) to (5). Condition C at section 20A(5) has no counterpart in the 1989
Act. It requires the judge advocate to be satisfied that appropriate alternative accommodation will
be available to the affected person for the duration of the exclusion requirement, and where the
affected person is subject to service law, that his CO also considers the alternative accommodation
to be appropriate.
867. Paragraph 6 amends section 21(1) of the 1991 Act so as to provide that the duration of a
protection order must not exceed 28 days. The effect of this amendment is to abolish the distinction
in the 1991 Act between the maximum duration of a protection order made by a “superior officer”
and any other protection order.
868. Paragraph 7 inserts a new section 22(5A) into the 1991 Act empowering a judge advocate, on
application, to vary the exclusion requirement in a protection order or discharge the protection
order so far as it imposes the exclusion requirement.
869. Paragraph 8 inserts a new section 22A into the 1991 Act that empowers a service policeman
to remove a child to suitable accommodation, or take reasonable steps to prevent his removal from
any place, if he has reasonable cause to believe that the child would otherwise be likely to suffer
significant harm (section 22A(1)). A child in respect of whom a service policeman has exercised
the power under section 22A(1) is deemed to be in service police protection (section 22A(2)), and
a child may be kept in service police protection for no more than 72 hours (section 22A(5)). The
service police are required to take certain steps after taking a child into service police protection
(see section 22A(3), (4), (6) and (7)).
870. Paragraph 9 amends section 23 (interpretation) of the 1991 Act. The amendments provide that
“harm” and “significant harm” — terms that are presently used but not defined in the 1991 Act —
have the same meanings as in the 1989 Act, and also define the meaning of other terms.
SCHEDULE 14— AMENDMENTS RELATING TO RESERVE FORCES

871. This Schedule is largely comprised of amendments to legislation governing reserve forces
that are required as a result of changes made by the Act ( either by policy or terminology) to what
is currently in the SDAs. The overriding aim of modernisation and harmonisation, which has been
applied to the production of the Armed Forces Act, is extended to harmonisation between regular
and reserve forces legislation where possible. This is particularly important as reserve forces are
frequently operating alongside regular forces.
872. This Schedule sets out those amendments to the Reserve Forces Act 1980 (“the 1980 Act”)
that are required as a result of changes in policy, terminology or modernisation under the Act, or
in the armed forces more generally. For example, most of the provisions in the 1980 Act that relate
to the Ulster Defence Regiment are being repealed as the UDR no longer exists.
873. The Reserve Forces Act 1996 (“the 1996 Act”) drew heavily upon the current SDAs in order
to ensure commonality of treatment between reserve and regular forces and to reduce potential
inconsistency by using similar wording. Consequently, where provisions in this Act have changed
what is currently in the SDAs, amendments to the 1996 Act are required. This Schedule sets out
the required changes to the 1996 Act so as to align its policy and provisions with those in the Act
wherever possible. For example, section 98 is amended to refer to the offences of desertion or
absence without leave under the Act rather than under the SDAs.
874. Aside from the amendments to the 1980 and 1996 Acts that are consequential upon the
harmonisation and modernisation brought about by the Armed Forces Act, this Schedule also
contains important substantive amendments to the 1996 Act, namely the inclusion of three new
sections (sections 53A, 55A and 57A). These new sections all provide reservists with the ability
to enter into agreements to undertake further periods of permanent service than the current limitations
in the 1996 Act permit. The current provisions set down the maximum periods of permanent service
that a reservist can be required to undertake within a given period pursuant to the call out orders
under the 1996 Act. However, experience in recent operations has shown that many reservists want
to be able to volunteer for further periods of permanent service, but are prevented from doing so
by the current provisions; consequently in some areas of expertise we have experienced manning
difficulties that we would not otherwise have encountered, as well as missing the opportunity to
deploy reservists with valuable operational experience.
875. The new sections do not provide for the extension of a current term of permanent service.
They are for use by those reservists who have completed a term of permanent service and have
been released from it (and returned to the UK if they were deployed abroad). Should they volunteer
to enter into a new period of permanent service under these provisions they will be served with a
call-out notice and will be required to attend a mobilisation centre and go through the procedure
that leads to acceptance into permanent service, such as a medical examination.
SCHEDULE 15— CIVILIANS SUBJECT TO SERVICE DISCIPLINE
876. This Schedule sets out the circumstances in which a person is a “civilian subject to service
discipline” if he is not subject to service law. With that exception, by virtue of section 363 a person
is a civilian subject to service discipline if he falls within any paragraph of Part 1 of this Schedule.
Part 1— Civilians subject to service discipline
877. Paragraph 1 applies to persons in one of Her Majesty's aircraft in flight, anywhere in the world.
878. Paragraph 2 applies to persons in one of Her Majesty's ships afloat (including submarines
under the sea), anywhere in the world.
879. Paragraph 3 applies to persons in service custody under the Act, and persons being arrested
under service law, anywhere in the world.
880. Paragraph 4 applies to Crown servants whose sole or main role is to work in support of Her
Majesty's forces, but only while they are in an area designated under paragraph 12 (a “designated
area”).
881. Paragraph 5 applies to UK representatives working in international naval, military and air-force
organisations specified by the Secretary of State, while they are outside the British Islands.
882. Paragraph 6 applies to members and employees of other organisations specified by the Secretary
of State, while they are in a designated area.
883. Paragraph 7 applies to persons designated (individually or by reference to a category of persons,
such as the employees of a particular company) by or on behalf of the Defence Council, or by an
officer authorised by the Defence Council, while they are outside the British Islands. Sub-paragraph
(2) restricts the grounds on which a person can be designated, and sub-paragraph (3) lays down
criteria that must be taken into account before deciding whether to designate a person.
884. Paragraph 8 applies to persons residing or staying with a person subject to service law in a
designated area, while they are in that area.
885. Paragraph 9 applies to persons residing or staying with a civilian of the kind covered by
paragraph 4 or 6 in a designated area, while they are in that area.
886. Paragraph 10 applies to persons residing or staying with a civilian of the kind covered by
paragraph 5 outside the British Islands, while they are outside the British Islands.
Part 2— Exclusion and definitions
887. Paragraph 11 creates an exception to each of paragraphs 4 to 10. A person who is not a UK
national (as defined by sub-paragraph (2)) does not fall within any of those paragraphs, and therefore
is not a civilian subject to service discipline (unless he falls within any of paragraphs 1 to 3), while
he is in a country of which he is a national, or in which (disregarding periods when, this paragraph
aside, he has been or intends to be within any of paragraphs 4 to 10) he is ordinarily resident.
888. Paragraph 12 defines “designated area” as an area outside the British Islands which is designated
by order of the Secretary of State. It may consist of two or more areas, which need not be contiguous.
889. Paragraph 13 provides that a person is “residing or staying with” another person for the purposes
of paragraphs 8 to 10 if he is about to reside or stay with, or is departing after residing or staying
with, that person.
SCHEDULE 16— MINOR AND CONSEQUENTIAL AMENDMENTS
890. Not only is there a considerable amount of legislation that directly relates to the armed forces,
but there is also a considerable amount of legislation in which reference is made to the armed forces
or to armed forces legislation, in particular the SDAs. As a result of the changes being made by
this Act there is a significant amount of legislation that requires amendment so as to ensure that
references are made to the correct provisions, or courts or terminology etc or to remove redundant
provisions. This Schedule sets out some of the amendments to other Acts that are required as a
result of the provisions of this Act.
891. The amendments set out in this Schedule are often more substantial than simple changes of
names or references to Acts (which will be covered in orders made under the power to make further
amendments and repeals at section 379 if they have not been included in this Schedule). For example,
the single-service Summary Appeal Courts were established in 2000 and many Acts that refer to
service courts were not updated to include a reference to the Summary Appeal Courts. The Act
now establishes a tri-service Summary Appeal Court and we are taking this opportunity to update
other legislation that relates to courts, to include references to the SAC.
892. In addition Schedule 16 contains various amendments to the SDAs. These amendments —
such as “preliminary hearings as to plea” — are being introduced to bring the current law more
closely in line with the effect that will be created under this Act in order to aid transition. Whilst
the Act does provide the Secretary of State with a power to align the SDAs by means of statutory
instruments (at section 381), some of the necessary alignment measures cannot be achieved in this
way. This is because the alignment power in section 381 cannot be used to replicate provisions that
will be created under the Act in secondary legislation. As arraignment will be dealt with in Court
Martial Rules made under section 163 it was therefore necessary to make the changes to the SDAs
on the face of the Act.
SCHEDULE 17— REPEALS AND REVOCATIONS
893. As with Schedule 16 this Schedule lists those provisions in primary and secondary legislation
that require repeal or revocation as a result of changes brought about by this Act. This Schedule
will be supplemented by orders made under the power of section 379 (power to make further
amendments and repeals). Examples of redundant provisions that are to be repealed are those that
refer to the Judge Advocate of the Fleet, since this office is to be combined with that of the Judge
Advocate General.
COMMENCEMENT DATE
894. Section 359 ( Pardons for servicemen executed for disciplinary offences: recognition as victims
of First World War), section 373 (Orders, regulations and rules), and the continuation provisions
of the Act (section 382) will come into force on Royal Assent, as will sections 384 and 386, and
the repeal of section 1 of the Armed Forces Act 2001. The remaining provisions will be brought
into force by a commencement order or orders, made by the Secretary of State on dates yet to be
determined.
HANSARD REFERENCES
897. The following table sets out the dates and Hansard references for each stage of this Act's
passage through Parliament.
Stage Date Hansard reference

House of Commons
Introduction 30 November Vol 440 Col 285
2005
Second Reading 12 December Vol 440 Col 1129–1203
2006
Select Committee 19 January 2006 Select Committee Report on the Armed Forces Bill Vols I and II
25 April 2006 HC 828
Report and Third Reading 22 May 2006 Vol 446 Col 1203–1299
Consideration of Lords 7 November Vol 451 Col 766–814
Amendments 2006
House of Lords
Introduction 23 May 2006 Vol 682 Col 699
Second Reading 14 June 2006 Vol 683 Col 226
Committee 24 July 2006 Vol 684 Col 1592–1610 Col 1620–1640
Vol 685 Col 259–323 Col 339–354
Vol 685 Col 363–395 Col 410–462
Report 31 October 2006 Vol 686 Col 167–240
Third Reading 6 November Vol 686 Col 598–633
2006
Royal Assent 8 November 2006 House of Lords Hansard Vol 686 Col 750
—
House of Commons Hansard Vol 451 Col 825
ANNEX A
GLOSSARY OF TERMS USED IN THE NOTES
Where the Notes above do not give an explanation, a brief explanation is given in the second
column of the table below. Where an explanation is given in the Notes above, the third column
of the table refers to the relevant paragraph. (In some of these cases a brief explanation is
also given in the second column.)
TERM EXPLANATION WHERE EXPLAINED IN

NOTES
the 1964 Act The Criminal Procedure (Insanity) Act 1964
the 1968 Act The Courts-Martial (Appeals) Act 1968, renamed by the Act as
the Court Martial Appeals Act 1968
the 1980 Act The Reserve Forces Act 1980
the 1983 Act The Mental Health Act 1983
the 1989 Act The Children Act 1989
the 1991 Act The Armed Forces Act 1991
the 1995 Act The Criminal Appeal Act 1995

NOTES
the 1996 Act The Reserve Forces Act 1996
the 2003 Act The Criminal Justice Act 2003
associated offence Note on section 242
the British Islands The United Kingdom, the Isle of Man and the Channel Islands
British overseas Formerly known as dependent territories, for example Gibraltar,
territories Bermuda and the Falkland Islands
civilian subject to Notes on section 370 and
service discipline Schedule 15
commanding officer Broadly speaking, an officer appointed with powers of command Notes on section 360
(CO) or discipline over any members of the armed forces; for any
purpose of the Act, an officer identified for that purpose under
Defence Council Regulations
court administration Notes on section 363
officer
the Court Martial Paragraphs 18 and 19
the Court Martial The court formerly called the Courts-Martial Appeal Court
Appeal Court (CMAC)
criminal conduct Offences under the Act corresponding to offences against the Paragraph 6 and notes on
offences criminal law of England and Wales section 42
desertion and absence Notes on sections 8 and 9
without leave
disciplinary offences Paragraph 6
the Director of Service The person tasked under the Act with the conduct of prosecutions
Prosecutions (DSP) before service courts
enemy All persons engaged in armed operations against any of Her Notes on section 1
Majesty's forces or against any force cooperating with any of
her Majesty's forces; all pirates; all armed mutineers, armed
rebels and armed rioters.
higher authority Notes on section 361
judge advocate A person appointed for the purposes of adjudicating in service Paragraph 8 and see the
courts definition in section 362
the Military Corrective Located at Colchester, this facility is used for holding those
Training Centre sentenced to service detention or in service custody.
(MCTC)
mutiny Notes on section 6
PACE The Police and Criminal Evidence Act 1984
the regular forces The Royal Navy, the Royal Marines, the regular army and the
Royal Air Force
the reserve forces The Royal Fleet Reserve, the Royal Naval Reserve, the Royal
Marines Reserve, The Army Reserve, the Territorial Army, the
Royal Air Force Reserve and the Royal Auxiliary Air Force
the Sentencing Act the Powers of Criminal Courts (Sentencing) Act 2000
the Service Civilian A service court for hearing charges against civilians subject to Paragraph 19
Court (SCC) service discipline
service detention A sentence served either in the MCTC or in unit facilities

NOTES
the Service Discipline Paragraph 5
Acts (SDAs)
service l iv i n g Defined in section 96
accommodation
service offences Defined in section 50
service police Paragraph 12
service supervision and Notes on section 173
punishment order
standing orders Notes on section 13
subject to service law Broadly speaking relates to members of the armed forces; when Notes on sections 367 to 369,
a member of the armed forces is subject to service law he or she and see definition of the
is subject to most of the provisions of the Act expression in section 367
the Summary Appeal Paragraph 8
Court (SAC)
ANNEX B
TABLE OF COMPARATIVE RANKS
N A T O RN ARMY and RM AIR FORCE

Code
OF-10 Admiral of the Fleet Field Marshal Marshal of the Royal Air Force
OF-9 Admiral General Air Chief Marshal
OF-8 Vice-Admiral Lieutenant-General Air Marshal
OF-7 Rear Admiral Major-General Air Vice-Marshal
OF-6 Commodore Brigadier Air Commodore
OF-5 Captain Colonel Group Captain
OF-4 Commander Lieutenant-Colonel Wing Commander
OF-3 Lieutenant-Commander Major Squadron Leader
OF-2 Lieutenant Captain Flight Lieutenant
OF-1 Sub-Lieutenant (but junior to military Lieutenant Flying Officer
and air force ranks)
Midshipman (but junior to army and Second Lieutenant Pilot Officer Acting Pilot Officer (but
air force ranks) junior to Second-Lieutenant)
OR-9 Warrant Officer Warrant Officer Class I Warrant Officer Master Aircrew
OR-8 Warrant Officer Class 2
OR-7 Chief Petty Officer { Staff Sergeant { Colour Flight Sergeant Chief Technician
Sergeant, RM
OR-6 Petty Officer Sergeant Sergeant
OR-5
OR-4 Leading Rate (but junior to army ranks Corporal Bombardier Corporal
of corporal and bombardier)
OR-3 Lance Corporal Lance
Bombardier
OR-2 Able Rate Marine Private Junior Technician Senior aircraftman
N A T O RN ARMY and RM AIR FORCE

Code
OR-1 Leading aircraftman Aircraftman
Modifications
Provision Modification Notes Further Information

Whole Document Armed Forces (Naval Chaplains)
Regulations 2009/826, reg. 3(1)
Armed Forces Act 2006 Pt 21 art. 206
(Transitional Provisions etc) Order
2009/1059, Sch. 2 para. 18
Pt 1 - Pt 13 Armed Forces Act 2006
2009/1059, Pt 16 art. 134(4)
Pt 1 s. 2 Armed Forces (Naval Chaplains)
Regulations 2009/826, reg. 4
Pt 1 s. 25(2) Armed Forces Act 2006 c. 52, Sch. Pt 7 c. 3 s. 164
3(2) para. 4(a)
3(2) para. 4(b)
3(1) para. 2
Armed Forces Act 2006 c. 52, Sch. Pt 7 c. 3 s. 164
3(2) para. 4(c)
Pt 1 s. 48 Criminal Justice Act 1982 c. 48, Modified for the purposes of 1982
Pt II s. 32 c.48 s.32(1)(c)(ii) to (iv)
Criminal Justice Act 2003 c. 44, Modified in relation to offences
Pt 12 c. 5 s. 233 under service law
Criminal Justice Act 2003 c. 44,
Pt 12 c. 6 s. 255A
Criminal Justice and Court
Services Act 2000 c. 43, Pt II s. 27
Criminal Justice and Immigration
Act 2008 c. 4, Pt 7 s. 98(5)
Powers of Criminal Courts
(Sentencing) Act 2000 c. 6, Pt V
c. III s. 114
Sexual Offences Act 2003 c. 42,
Sch. 3 para. 93A(3)
Sexual Offences Act 2003 c. 42,
Sch. 5 para. 172A(2)
Pt 1 s. 48(3)(b) Criminal Justice Act 2003 c. 44,
Sch. 15A(4) para. 52(2)
Criminal Justice Act 2003 c. 44,

Sch. 15B(3) para. 48(2)
Criminal Justice and Court
Services Act 2000 c. 43, Pt II s.
27(3)
Gambling Act 2005 c. 19, Sch.
7(1) para. 22A
Sexual Offences (Amendment) Act
1992 c. 34, s. 6
Pt 2 c. 1 s. 50(2)(g) - Armed Forces Act 2006
(i) (Transitional Provisions etc) Order
2009/1059, Pt 1 art. 5
Pt 2 c. 1 s. 52 Armed Forces (Naval Chaplains)
Pt 2 c. 1 s. 52(4)(a) Armed Forces Act 2006
2009/1059, Pt 4 art. 14
Pt 2 c. 2 s. 55 - s. 57 Armed Forces Act 2006
2009/1059, Pt 5 art. 18
Pt 2 c. 2 s. 57 Armed Forces Act 2006
2009/1059, Pt 5 art. 19(3)
Pt 2 c. 2 s. 57(2) Armed Forces Act 2006
2009/1059, Pt 5 art. 20(2)
2009/1059, Pt 5 art. 22
2009/1059, Pt 6 art. 27
Pt 3 c. 1 s. 68(3)(a) Armed Forces Act 2006
2009/1059, Pt 7 art. 30(1)
2009/1059, Pt 8(2) art. 35(3)
2009/1059, Pt 8(2) art. 39(2)
2009/1059, Pt 8(2) art. 36(3)
Pt 4 c. 2 s. 111 Armed Forces (Court Martial)
Rules 2009/2041, Pt 6 rule 41
Armed Forces (Court Martial)
Rules 2009/2041, Pt 6 rule 42(3)
Armed Forces (Service Civilian

Court) Rules 2009/1209, Pt 5 rule
28
Pt 4 c. 2 s. 111(4) Armed Forces (Service Civilian
Court) Rules 2009/1209, Pt 5 rule
29(3)
Pt 5 c. 1 s. 116(2)(b) Armed Forces Act 2006
2009/1059, Pt 17(7) art. 168(4)(a)
2009/1059, Pt 17(7) art. 168(4)(b)
Pt 6 c. 1 s. 130A(2) Armed Forces Act 2011
(Commencement No. 1,
Transitional and Transitory
Provisions) Order 2012/669, Pt 3
art. 9(2)
2009/1059, Pt 10(4) art. 66
2009/1059, Pt 10(4) art. 67(2)
2009/1059, Pt 10(4) art. 68(2)
2009/1059, Pt 13(3) art. 98(6)(a)
Pt 6 c. 2 s. Armed Forces Act 2006 c. 52, Pt
147(3)(b)(ii) 8 c. 3 s. 195(6)
2009/1059, Pt 10(5) art. 73(2)
2009/1059, Pt 10(5) art. 72(2)
Pt 6 c. 3 s. 152(5) - (7) Armed Forces Act 2006
2009/1059, Pt 10(5) art. 72
Pt 7 Armed Forces (Court Martial)
Rules 2009/2041, Pt 16 rule 128(1)
Pt 7 - Pt 8 Armed Forces (Court Martial)
Rules 2009/2041, Pt 16 rule 128
Pt 7 c. 3 s. 164 Armed Forces Act 2006 c. 52, Sch. Pt 7 c. 3 s. 164
3(1) para. 1(1)
Armed Forces Act 2006 c. 52, Sch. Pt 7 c. 3 s. 164
3(2) para. 3(1)

2009/1059, Pt 11(1) art. 78(3)
Pt 7 c. 4 s. 166 Armed Forces (Retrial for Serious
Offences) Order 2013/1852, Pt 2
art. 3(5)
Pt 8 c. 1 s. 179(2) Armed Forces Act 2006 Pt 21 art. 206
2009/1059, Sch. 2 para. 14(2)(a)
Pt 8 c. 2 s. 188(4) Armed Forces Act 2006 Pt 21 art. 206
2009/1059, Sch. 2 para. 11(2)
2009/1059, Pt 13(3) art. 98
Pt 8 c. 4 s. 203(3)(c) Armed Forces Act 2006 Pt 21 art. 206
2009/1059, Sch. 2 para. 14(2)(a)
Pt 8 c. 4 s. 205(2)(b) Armed Forces Act 2006 Pt 21 art. 206
2009/1059, Sch. 2 para. 14(2)(a)
2009/1059, Pt 12(2) art. 87(1)
Pt 8 c. 6 s. 219A Armed Forces Act 2006
2009/1059, Sch. 2 para. 9A(3)
Pt 8 c. 7 s. 229(1)(a) Armed Forces Act 2006 c. 52, Pt
8 c. 7 s. 230(4)
2009/1059, Pt 14 art. 103
Pt 9 c. 1 s. 242 - s. 243 Armed Forces (Court Martial)
Rules 2009/2041, Pt 20 rule 161(9)
2009/1059, Pt 14 art. 104
2009/1059, Pt 14 art. 105
Pt 9 c. 1 s. 246 Armed Forces Act 2006 Pt 21 art. 206
2009/1059, Sch. 2 para. 13
Pt 9 c. 1 s. 246(3)(a)(i) Armed Forces Act 2006
2009/1059, Pt 14 art. 106(1)
2009/1059, Pt 14 art. 106(2)
Pt 9 c. 1 s. 248 Armed Forces (Court Martial)

Rules 2009/2041, Pt 20 rule 161(9)
Pt 9 c. 2 s. 263 Armed Forces Act 2006 Pt 21 art. 206
2009/1059, Sch. 2 para. 12
Pt 9 c. 2 s. 270A Armed Forces Act 2011
(Commencement No. 1,
Transitional and Transitory
Provisions) Order 2012/669, Pt 4
art. 13
2009/1059, Pt 15 art. 129
2009/1059, Pt 15 art. 129(13)
2009/1059, Pt 15 art. 130
Pt 11 s. 283 Armed Forces Act 2006 Pt 21 art. 206
2009/1059, Sch. 2 para. 9(3)
Pt 11 s. 285 Armed Forces Act 2006
2009/1059, Pt 17(7) art. 173(2)
2009/1059, Pt 16 art. 134(8)
2009/1059, Pt 17(2) art. 138
2009/1059, Pt 17(2) art. 139
Pt 12 s. 290 - s. 291 Armed Forces Act 2006
2009/1059, Pt 17(2) art. 144
Pt 12 s. 291(3) - (9) Armed Forces Act 2006
2009/1059, Pt 17(2) art. 140(2)
Regulations 2009/826, reg. 3(2)
Pt 12 s. 304(1) Armed Forces Act 2006 Pt 21 art. 206
2009/1059, Sch. 2 para. 15
Pt 13 c. 2 s. 309 Visiting Forces and International
Headquarters (Application of Law)
Order 1999/1736, Sch. 7 para. 4

2009/1059, Pt 18 art. 180
Pt 13 c. 3 s. 314 - s. Visiting Forces Act 1952 c. 67, Pt Modified in relation to deserters
317 II s. 13 and absentees without leave from
the forces of any country
Pt 13 c. 3 s. 316 Visiting Forces and International
Order 1999/1736, Sch. 8 para. 6
Pt 13 c. 3 s. 318(1)(b) Armed Forces Act 2006
2009/1059, Pt 18 art. 183(4)
Pt 14 s. 328(1) Armed Forces Act 2006
2009/1059, Pt 19 art. 190
Pt 16A s. 343B Scotland Act 2012 c. 11, Pt 2 s. Modified in relation to a reference
12(4) to the Scottish Government
Pt 17 s. 344(2)(a) Visiting Forces and International
Order 1999/1736, art. 18
Pt 17 s. 349(1)(a) Visiting Forces and International
Order 1999/1736, Sch. 6 para. 1
Pt 18 s. 362 Armed Forces (Service Inquiries) reg. 20
Regulations 2008/1651, Sch. 3
para. 3
Pt 19 c. 1 s. 370 Armed Forces (Service Inquiries) reg. 20
para. 1
Pt 19 c. 3 s. 374 Armed Forces (Service Inquiries) reg. 20
para. 2
Armed Forces Act 2006 Pt 21 art. 206
2009/1059, Sch. 2 para. 16
Pt 19 c. 4 s. 384 Criminal Evidence (Witness
Anonymity) Act 2008 c. 15, s.
15(3)
Sch. 3(1) para. 1 Armed Forces Act 2006
2009/1059, Pt 16 art. 134(5)(a)
Sch. 3(1) para. 1(2) Armed Forces Act 2006
2009/1059, Pt 2 art. 8(1)
Sch. 5(1) para. 8(3) Armed Forces Act 2006 Pt 21 art. 206
2009/1059, Sch. 2 para. 14(2)(a)
Table of Contents
Armed Forces Act 2006 c. 52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Part 1 OFFENCES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Assisting an enemy, misconduct on operations etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
! s. 1 Assisting an enemy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
! s. 2 Misconduct on operations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
! s. 3 Obstructing operations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
! s. 4 Looting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
! s. 5 Failure to escape etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Mutiny. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
! s. 6 Mutiny. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
! s. 7 Failure to suppress mutiny. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Desertion and absence without leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

! s. 8 Desertion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
! s. 9 Absence without leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
! s. 10 Failure to cause apprehension of deserters or absentees. . . . . . . . . . . . . . . . . . . . . 8
Insubordination etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
! s. 11 Misconduct towards a superior officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
! s. 12 Disobedience to lawful commands. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
! s. 13 Contravention of standing orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
! s. 14 Using force against a sentry etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Neglect of duty and misconduct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

! s. 15 Failure to attend for or perform duty etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
! s. 16 Malingering. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
! s. 17 Disclosure of information useful to an enemy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
! s. 18 Making false records etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
! s. 19 Conduct prejudicial to good order and discipline. . . . . . . . . . . . . . . . . . . . . . . . . . 15
! s. 20 Unfitness or misconduct through alcohol or drugs. . . . . . . . . . . . . . . . . . . . . . . . . 15
! s. 20A Exceeding alcohol limit for prescribed safety-critical duties. . . . . . . . . . . . . . 16
! s. 21 Fighting or threatening behaviour etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
! s. 22 Ill-treatment of subordinates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
! s. 23 Disgraceful conduct of a cruel or indecent kind. . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Property offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
! s. 24 Damage to or loss of public or service property. . . . . . . . . . . . . . . . . . . . . . . . . . . 19
! s. 25 Misapplying or wasting public or service property. . . . . . . . . . . . . . . . . . . . . . . . . 20
! s. 26 Sections 24 and 25: "public property". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Offences against service justice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

! s. 27 Obstructing or failing to assist a service policeman. . . . . . . . . . . . . . . . . . . . . . . . 22
s. 28 Resistance to arrest etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

! 22
! s. 29 Offences in relation to service custody. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
! s. 30 Allowing escape, or unlawful release, of prisoners. . . . . . . . . . . . . . . . . . . . . . . . . 24
Ships and aircraft. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
! s. 31 Hazarding of ship. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
! s. 32 Giving false air signals etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
! s. 33 Dangerous flying etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
! s. 34 Low flying. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
! s. 35 Annoyance by flying. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
! s. 36 Inaccurate certification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
! s. 37 Prize offences by officer in command of ship or. . . . . . . . . . . . . . . . . . . . . . . . . . . 30
! s. 38 Other prize offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Attempts,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
! s. 39 Attempts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
! s. 40 Encouraging and assisting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
! s. 41 Aiding, abetting, counselling or procuring. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Criminal conduct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
! s. 42 Criminal conduct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
! s. 43 Attempting criminal conduct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
! s. 44 Trial of section 42 offence of attempt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
! s. 45 Conspiring to commit criminal conduct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
! s. 46 Encouraging or assisting criminal conduct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
! s. 47 Aiding, abetting, counselling or procuring criminal. . . . . . . . . . . . . . . . . . . . . . . . 38
! s. 48 Provision supplementary to sections 43 to 47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
! s. 49 Air Navigation Order offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Part 2 JURISDICTION AND TIME LIMITS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Chapter 1 JURISDICTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Court Martial. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
! s. 50 Jurisdiction of the Court Martial. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Service Civilian Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
! s. 51 Jurisdiction of the Service Civilian Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Commanding officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
! s. 52 Charges capable of being heard summarily. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
! s. 53 Offences that may be dealt with at a summary hearing. . . . . . . . . . . . . . . . . . . 45
! s. 54 Charges which may be heard summarily only with permission. . . . . . . . . . . 46
Chapter 2 TIME LIMITS FOR COMMENCING PROCEEDINGS. . . . . . . . . . . . . . . . . 47
Time limits for offences other than Reserve Forces Act. . . . . . . . . . . . . . . . . . . . . . . . . . . 47
! s. 55 Time limit for charging former member of a regular. . . . . . . . . . . . . . . . . . . . . 47
! s. 56 Time limit for charging certain members or former. . . . . . . . . . . . . . . . . . . . . . 47
s. 57 Time limit for charging person formerly subject. . . . . . . . . . . . . . . . . . . . . . . . .

! 48
! s. 58 Time limit for charging civilian formerly subject to service discipline. . . . 48
! s. 59 Time limit for charging offence under section 107. . . . . . . . . . . . . . . . . . . . . . . 50
! s. 60 Time limit for charging offence under section 266. . . . . . . . . . . . . . . . . . . . . . . 50
! s. 61 Sections 55 to 60: exceptions and interpretation. . . . . . . . . . . . . . . . . . . . . . . . . 51
Time limit for Reserve Forces Act offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
! s. 62 Time limit for charging Reserve Forces Act offences. . . . . . . . . . . . . . . . . . . . 52
Chapter 3 DOUBLE JEOPARDY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
! s. 63 Service proceedings barring subsequent service proceedings. . . . . . . . . . . . . . . 53
! s. 64 Service proceedings barring subsequent civilian. . . . . . . . . . . . . . . . . . . . . . . . . . . 54
! s. 65 Sections 63 and 64: supplementary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
! s. 66 Civilian proceedings barring subsequent service. . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Part 3 POWERS OF ARREST, SEARCH AND ENTRY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Chapter 1 ARREST ETC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Powers of arrest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
! s. 67 Power of arrest for service offence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
! s. 68 Section 67: supplementary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
! s. 69 Power of arrest in anticipation of commission of. . . . . . . . . . . . . . . . . . . . . . . . 58
Search on arrest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
! s. 70 Search by service policeman upon arrest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
! s. 71 Search by other persons upon arrest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
! s. 72 Sections 70 and 71: supplementary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
! s. 73 Seizure and retention after search upon arrest. . . . . . . . . . . . . . . . . . . . . . . . . . . 62
! s. 74 Power to make provision conferring power to search. . . . . . . . . . . . . . . . . . . . 62
Chapter 2 STOP AND SEARCH. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
! s. 75 Power of service policeman to stop and search persons,. . . . . . . . . . . . . . . . . . . . 63
! s. 76 Stop and search by persons other than service policemen. . . . . . . . . . . . . . . . . . 64
! s. 77 Sections 75 and 76: definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
! s. 78 Places in which powers under sections 75 and 76. . . . . . . . . . . . . . . . . . . . . . . . . . 67
! s. 79 Sections 75 and 76: limitation on searching persons. . . . . . . . . . . . . . . . . . . . . . . 67
! s. 80 Searches under sections 75 and 76: supplementary. . . . . . . . . . . . . . . . . . . . . . . . 68
! s. 81 Power to make further provision about searches under. . . . . . . . . . . . . . . . . . . . . 69
! s. 82 Application of Chapter to ships and aircraft. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Chapter 3 POWERS OF ENTRY, SEARCH AND SEIZURE. . . . . . . . . . . . . . . . . . . . . . . 70
Entry for purposes of obtaining evidence etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
! s. 83 Power of judge advocate to authorise entry and search. . . . . . . . . . . . . . . . . . . 70
! s. 84 Section 83: definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
! s. 85 Section 83: power to make supplementary provision. . . . . . . . . . . . . . . . . . . . 73
! s. 86 Power to make provision as to access to excluded material etc. . . . . . . . . . . 74
s. 87 Power of CO to authorise entry and search by service policeman. . . . . . . . . 75

!
! s. 88 Power of CO to authorise entry and search by other persons. . . . . . . . . . . . . 76
! s. 89 Review by judge advocate of certain searches under. . . . . . . . . . . . . . . . . . . . . 77
Entry for purposes of arrest etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78

! s. 90 Entry for purpose of arrest etc by a service policeman. . . . . . . . . . . . . . . . . . . 78
! s. 91 Entry for purpose of arrest etc by other persons. . . . . . . . . . . . . . . . . . . . . . . . . 79
Additional powers of entry, search and seizure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80

! s. 92 Power to make provision conferring powers of entry. . . . . . . . . . . . . . . . . . . . 80
! s. 93 Power to make provision conferring power of seizure. . . . . . . . . . . . . . . . . . . 81
Chapter 3A TESTING FOR ALCOHOL AND DRUGS ON SUSPICION OF

OFFENCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Preliminary testing for alcohol and drugs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
! s. 93A Commanding officer's power to require preliminary tests. . . . . . . . . . . . . . 82
! s. 93B Preliminary breath test. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
! s. 93C Preliminary impairment test. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
! s. 93D Preliminary drug test. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Provision of specimens for analysis. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86

! s. 93E Provision of specimens for analysis. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
! s. 93F Further provision about specimens under section 93E. . . . . . . . . . . . . . . . . . 88
! s. 93G Specimens of blood from persons incapable of consenting. . . . . . . . . . . . . 89
General provisions relating to testing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90

! s. 93H Patients in medical establishments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
! s. 93I Definitions for purposes of Chapter 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Chapter 4 SUPPLEMENTARY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
! s. 94 Property in possession of service police or CO. . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
! s. 95 Saving provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
! s. 96 “Service living accommodation”, “premises” and other definitions. . . . . . . . . 94
! s. 97 Power to use reasonable force. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Part 4 CUSTODY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
Chapter 1 CUSTODY WITHOUT CHARGE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
! s. 98 Limitations on custody without charge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
! s. 99 Authorisation by commanding officer of custody without. . . . . . . . . . . . . . . . . . 97
! s. 100 Review of custody by commanding officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
! s. 101 Extension by judge advocate of custody without. . . . . . . . . . . . . . . . . . . . . . . . . 99
! s. 102 Further provision about applications under section. . . . . . . . . . . . . . . . . . . . . . 100
! s. 103 Custody without charge: other cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
! s. 104 Custody without charge: supplementary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Chapter 2 CUSTODY ETC AFTER CHARGE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102

Custody after charge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
s. 105 Custody after charge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

! 102
! s. 106 Conditions A to D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
! s. 107 Release from custody after charge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
! s. 108 Review of custody after charge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
! s. 109 Custody during proceedings of Court Martial or. . . . . . . . . . . . . . . . . . . . . . 106
Arrest after charge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
! s. 110 Arrest after charge or during proceedings by order. . . . . . . . . . . . . . . . . . . . 107
! s. 111 Arrest during proceedings at direction of court. . . . . . . . . . . . . . . . . . . . . . . 108
Chapter 3 CUSTODY PROCEEDINGS RULES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
! s. 112 Custody proceedings rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Part 5 INVESTIGATION, CHARGING AND MODE OF TRIAL. . . . . . . . . . . . . . . . . . . . 110
Chapter 1 INVESTIGATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Duties of commanding officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
! s. 113 CO to ensure service police aware of possibility. . . . . . . . . . . . . . . . . . . . . . 110
! s. 114 CO to ensure service police aware of certain circumstances. . . . . . . . . . . 111
! s. 115 Duty of CO with respect to investigation of service. . . . . . . . . . . . . . . . . . . 111
Provost Marshal's duty in relation to independence of investigations. . . . . . . . . . . . 112
! s. 115A Provost Marshal's duty in relation to independence of investigations. . 112
Duty of service policeman following investigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
! s. 116 Referral of case following investigation by service or civilian police. . . 113
! s. 117 Section 116: position where investigation is of multiple offences or
offenders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
! s. 118 Duty of service policeman to notify CO of referral. . . . . . . . . . . . . . . . . . . . 115
Chapter 2 CHARGING AND MODE OF TRIAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Powers of charging etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
! s. 119 Circumstances in which CO has power to charge etc. . . . . . . . . . . . . . . . . . 116
! s. 120 Power of CO to charge etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
! s. 121 Power of DSP to direct bringing of charge etc. . . . . . . . . . . . . . . . . . . . . . . . 118
! s. 122 Charges brought at direction of DSP. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
Powers of commanding officer or DSP after charge etc. . . . . . . . . . . . . . . . . . . . . . . . . . 120
! s. 123 Powers of CO after charge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
! s. 124 CO to hear charge allocated for summary hearing. . . . . . . . . . . . . . . . . . . . . 121
! s. 125 Powers of DSP in respect of charge allocated for Court Martial trial. . . 121
! s. 126 Powers of DSP in respect of charge allocated for. . . . . . . . . . . . . . . . . . . . . 123
Chapter 3 SUPPLEMENTARY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
! s. 127 Directions by DSP barring further proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . 124
! s. 128 Regulations for purposes of Part 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
Part 6 SUMMARY HEARING AND APPEALS AND REVIEW. . . . . . . . . . . . . . . . . . . . . 125
Chapter 1 SUMMARY HEARING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
Right to elect Court Martial trial. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125

! s. 129 Right to elect Court Martial trial. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
! s. 130 Further consequences of election for Court Martial trial. . . . . . . . . . . . . . . 127
! s. 130A Restrictions on DSP's powers to substitute or add charges after election. 128
Summary hearing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129

! s. 131 Summary hearing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
Punishments available to commanding officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129

! s. 132 Punishments available to commanding officer. . . . . . . . . . . . . . . . . . . . . . . . 129
! s. 133 Detention: limits on powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
! s. 134 Forfeiture of seniority: requirement for approval. . . . . . . . . . . . . . . . . . . . . . 132
! s. 135 Reduction in rank: limits on powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
! s. 135A Extended powers: time for obtaining. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
! s. 136 Fine: maximum amount. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
! s. 137 Service compensation orders: maximum amount. . . . . . . . . . . . . . . . . . . . . 135
! s. 138 Prohibited combinations of punishments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
! s. 139 Savings for maximum penalties for offences. . . . . . . . . . . . . . . . . . . . . . . . . . 137
Chapter 2 THE SUMMARY APPEAL COURT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137

! s. 140 The Summary Appeal Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
! s. 141 Right of appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
! s. 142 Constitution of the SAC for appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
! s. 143 Officers and warrant officers qualified for membership. . . . . . . . . . . . . . . . . . 139
! s. 144 Officers and warrant officers ineligible for membership. . . . . . . . . . . . . . . . . 140
! s. 145 Open court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
! s. 146 Hearing of appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
! s. 147 Powers of the SAC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
! s. 148 Effect of substituted punishment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
! s. 149 Making of, and appeals from, decisions of the SAC. . . . . . . . . . . . . . . . . . . . . 144
! s. 150 Privileges of witnesses and others. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
! s. 151 SAC rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
Chapter 3 REVIEW OF SUMMARY FINDINGS AND PUNISHMENTS. . . . . . . . . . 146

! s. 152 Review of summary findings and punishments. . . . . . . . . . . . . . . . . . . . . . . . . . 146
Chapter 4 SUMMARY HEARINGS ETC RULES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147

! s. 153 Summary hearings etc rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
Part 7 TRIAL BY COURT MARTIAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148

Chapter 1 THE COURT MARTIAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
! s. 154 The Court Martial. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
! s. 155 Constitution of the Court Martial. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
! s. 156 Officers and warrant officers qualified for membership. . . . . . . . . . . . . . . . . . 150
! s. 157 Officers and warrant officers ineligible for membership. . . . . . . . . . . . . . . . . 151

Chapter 2 COURT MARTIAL PROCEEDINGS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152

! s. 158 Open court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
! s. 159 Rulings and directions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
! s. 160 Decisions of Court Martial: finding and sentence. . . . . . . . . . . . . . . . . . . . . . . 153
! s. 161 Power of Court Martial to convict of offence other. . . . . . . . . . . . . . . . . . . . . . 153
! s. 162 Privileges of witnesses and others. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
! s. 163 Court Martial rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
! s. 163A Offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
Chapter 3 PUNISHMENTS AVAILABLE TO COURT MARTIAL. . . . . . . . . . . . . . . . 157

! s. 164 Punishments available to Court Martial. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
! s. 165 Sentencing powers of Court Martial where election for trial by that court instead
of CO. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
Chapter 4 FINDINGS OF UNFITNESS TO STAND TRIAL AND INSANITY. . . . . 160
! s. 166 Fitness to stand trial. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
! s. 167 Finding that defendant did the act or made the. . . . . . . . . . . . . . . . . . . . . . . . . . 161
! s. 168 Findings of insanity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
! s. 169 Powers where person unfit to stand trial or not. . . . . . . . . . . . . . . . . . . . . . . . . . 162
! s. 170 Service supervision orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
! s. 171 Remission for trial. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
! s. 172 Provision supplementary to sections 166 and 168. . . . . . . . . . . . . . . . . . . . . . . 166
Part 8 SENTENCING POWERS AND MANDATORY ETC SENTENCES. . . . . . . . . . 167

Chapter 1 DEFINITION ETC OF CERTAIN SENTENCES. . . . . . . . . . . . . . . . . . . . . . . 167
Service supervision and punishment orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
! s. 173 Service supervision and punishment orders. . . . . . . . . . . . . . . . . . . . . . . . . . . 167
! s. 174 Review of service supervision and punishment orders. . . . . . . . . . . . . . . . . 168
Service compensation orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169

! s. 175 Service compensation orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
! s. 176 Service compensation orders: appeals etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
! s. 177 Review of service compensation orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
Service community orders (civilians and dismissed servicemen. . . . . . . . . . . . . . . . . . 172

! s. 178 Service community orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
! s. 179 Periodic review etc of service community orders. . . . . . . . . . . . . . . . . . . . . 173
! s. 180 Transfer of service community order to Scotland or Northern Ireland. . 174
! s. 181 Breach, revocation or amendment of service community. . . . . . . . . . . . . . 175
Overseas community orders (civilians only). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175

! s. 182 Overseas community orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
! s. 183 Overseas community orders: modifications of 2003 Act. . . . . . . . . . . . . . . 177
! s. 184 Breach, revocation or amendment of overseas community. . . . . . . . . . . . . 178
Conditional or absolute discharge (civilians only). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179

s. 185 Conditional or absolute discharge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179

!
! s. 186 Commission of further offence by person conditionally. . . . . . . . . . . . . . . 179
! s. 187 Effect of discharge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
Chapter 2 CONSECUTIVE SENTENCES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181

! s. 188 Consecutive custodial sentences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
! s. 189 Consecutive sentences of service detention. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
Chapter 3 SUSPENDED SENTENCE OF SERVICE DETENTION. . . . . . . . . . . . . . . 183

! s. 190 Suspension of sentence of service detention. . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
! s. 191 Activation by Court Martial of suspended sentence of service detention. . 184
! s. 192 Activation by Court Martial: appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
! s. 193 Activation by CO of suspended sentence of service detention. . . . . . . . . . . . 186
! s. 194 Activation by CO: maximum term. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
! s. 194A Extended powers of activation: time for obtaining. . . . . . . . . . . . . . . . . . . . . 188
! s. 195 Suspended sentences: powers of SAC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
Chapter 4 IMPRISONMENT FOR TERM OF UNDER 12 MONTHS. . . . . . . . . . . . . 190

Application of provisions in the 2003 Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
! s. 196 Term of sentence etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
Imprisonment with or without "custody plus". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191

R s. 197 Imprisonment with or without a custody plus order. . . . . . . . . . . . . . . . . . . 191
R s. 198 Transfer to Scotland or Northern Ireland of custody. . . . . . . . . . . . . . . . . . . 191
R s. 199 Revocation and amendment of custody plus orders. . . . . . . . . . . . . . . . . . . 191
Suspended sentences of imprisonment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
! s. 200 Suspended sentence orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
R s. 201 Order without community requirements: provisions. . . . . . . . . . . . . . . . . . . 193

! s. 202 Order with community requirements: disapplication. . . . . . . . . . . . . . . . . . 193
! s. 203 Review of order with community requirements. . . . . . . . . . . . . . . . . . . . . . . 193
! s. 204 Transfer to Scotland or Northern Ireland of order with community
requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
! s. 205 Amendment of order with community requirements. . . . . . . . . . . . . . . . . . 195
! s. 206 Suspended sentence: further conviction or breach. . . . . . . . . . . . . . . . . . . . . 197
Supplementary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
! s. 207 Definitions for purposes of Chapter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
Chapter 5 YOUNG OFFENDERS: CUSTODIAL SENTENCES AVAILABLE TO

SERVICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198
Prohibition on imposing imprisonment on persons under. . . . . . . . . . . . . . . . . . . . . . . . 198
! s. 208 Prohibition on imposing imprisonment on persons. . . . . . . . . . . . . . . . . . . . 198
Detention for certain serious offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199

! s. 209 Offenders under 18 convicted of certain serious offences: power to detain for
specified period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199

! s. 210 Detention under section 209: place of detention. . . . . . . . . . . . . . . . . . . . . . 200
Detention and training orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201

! s. 211 Offenders under 18: detention and training orders. . . . . . . . . . . . . . . . . . . . 201
P ! s. 212 Term of detention and training order: general. . . . . . . . . . . . . . . . . . . . . . . . . 202
! s. 213 Application of provisions relating to civilian detention and training orders. 203
! s. 214 Offences during currency of detention and training order. . . . . . . . . . . . . . 204
! s. 215 Section 214: definitions etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206
! s. 216 Appeals against orders under section 214. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206
Chapter 6 MANDATORY ETC CUSTODIAL SENTENCES FOR CERTAIN

OFFENCES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
Mandatory sentences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
! s. 217 Mandatory life imprisonment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
! s. 218 Offenders who commit murder etc when under 18:. . . . . . . . . . . . . . . . . . . 208
Required or discretionary sentences for particular offences. . . . . . . . . . . . . . . . . . . . . 209

! s. 218A Life sentence for second listed offence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
! s. 219 Life sentence for certain dangerous offenders aged 18 or over. . . . . . . . . 210
! s. 219A Extended sentence for certain violent or sexual offenders aged 18 or
over. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
R s. 220 Certain violent or sexual offences: offenders aged. . . . . . . . . . . . . . . . . . . . 212
! s. 221 Life sentence for certain dangerous offenders aged under 18. . . . . . . . . . 212
! s. 221A Extended sentence for certain violent or sexual offenders aged under 18. 213
R s. 222 Offenders aged under 18: certain violent or sexual. . . . . . . . . . . . . . . . . . . . 214

! s. 223 “The required opinion” for purposes of sections 219 to 221A. . . . . . . . . . 214
! s. 224 Place of detention under certain sentences. . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
! s. 224A Special custodial sentence for certain offenders of particular concern. 216
! s. 225 Third drug trafficking offence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217
! s. 226 Third domestic burglary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218
! s. 227 Firearms offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218
! s. 227A Offences of threatening with a weapon in public or on school premises. 219
! s. 228 Appeals where previous convictions set aside. . . . . . . . . . . . . . . . . . . . . . . . . 220
Chapter 7 COURT ORDERS OTHER THAN SENTENCES. . . . . . . . . . . . . . . . . . . . . . 221

Service restraining orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
! s. 229 Service restraining orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
! s. 230 Service restraining orders: supplementary. . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
! s. 231 Service restraining orders: appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223
! s. 232 Service restraining orders: variation and revocation. . . . . . . . . . . . . . . . . . . 224
Service sexual offences prevention orders etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224

N ! s. 232A Service sexual offences prevention orders. . . . . . . . . . . . . . . . . . . . . . . . . . 225
N ! s. 232B Service SOPOs: appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
N ! s. 232C Service SOPOs etc: variation and revocation. . . . . . . . . . . . . . . . . . . . . . . . 227

s. 232D Variation or revocation: appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228

N !
N ! s. 232E Extended prohibitions orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228
P ! s. 232F Extended prohibitions orders: appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230
N ! s. 232G Offence: breach of order under section 232A or 232E. . . . . . . . . . . . . . . 230
Order for parent or guardian to enter into recognizance. . . . . . . . . . . . . . . . . . . . . . . . 231

! s. 233 Order for service parent or service guardian to. . . . . . . . . . . . . . . . . . . . . . . . 231
! s. 234 Recognizances and fines under section 233: further. . . . . . . . . . . . . . . . . . . 232
! s. 235 Recognizances: appeals, variation and revocation. . . . . . . . . . . . . . . . . . . . . 233
! s. 236 Forfeiture of recognizance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
Part 9 SENTENCING: PRINCIPLES AND PROCEDURES. . . . . . . . . . . . . . . . . . . . . . . . . 234

Chapter 1 PRINCIPLES AND PROCEDURES APPLYING TO SERVICE COURTS. 234
General sentencing principles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234
! s. 237 Duty to have regard to purposes of sentencing etc. . . . . . . . . . . . . . . . . . . . . 235
! s. 238 Deciding the seriousness of an offence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236
! s. 239 Reduction in sentences for guilty pleas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
! s. 240 Increase in sentence for racial or religious aggravation. . . . . . . . . . . . . . . . 238
! s. 241 Increase in sentence for aggravation related to disability, sexual orientation
or transgender identity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239

Service detention and custodial sentences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240
! s. 242 Service detention: general restriction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240
! s. 243 Length of term of service detention: general provision. . . . . . . . . . . . . . . . 241
! s. 244 Limit on combined term of sentences of service. . . . . . . . . . . . . . . . . . . . . . 242
! s. 245 Section 244: supplementary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
! s. 246 Crediting of time in service custody: terms of imprisonment and detention. 243
! s. 247 Crediting of time in service custody: supplementary. . . . . . . . . . . . . . . . . . 245
Forfeiture of seniority and reduction in rank. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246

! s. 248 Forfeiture of seniority and reduction in rank or. . . . . . . . . . . . . . . . . . . . . . . 246
Financial punishments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247

! s. 249 Fixing of fines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247
! s. 250 Determination of service compensation order. . . . . . . . . . . . . . . . . . . . . . . . . 248
! s. 251 Power to allow payment of fine or service compensation. . . . . . . . . . . . . . 249
Reasons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
! s. 252 Duty to give reasons and explain sentence. . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
! s. 253 Duties in complying with section 252. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
Savings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
! s. 254 Savings for powers to mitigate sentence etc. . . . . . . . . . . . . . . . . . . . . . . . . . 251
Chapter 2 PRINCIPLES AND PROCEDURES APPLYING TO SERVICE COURTS. 252

General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
! s. 255 Individual sentence for each offence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
s. 256 Pre-sentence reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253

!
! s. 257 Pre-sentence reports: supplementary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254
! s. 258 Mentally disordered offenders: requirement for medical report. . . . . . . . 255
! s. 259 Sentencing guidelines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
Custodial sentences and service detention. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257

! s. 260 Discretionary custodial sentences: general restrictions. . . . . . . . . . . . . . . . 257
! s. 261 Length of discretionary custodial sentences: general provision. . . . . . . . 258
! s. 262 Power to recommend licence conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259
! s. 263 Restriction on imposing custodial sentence or service. . . . . . . . . . . . . . . . . 260
! s. 264 Effect of duties to pass custodial sentences on. . . . . . . . . . . . . . . . . . . . . . . . 261
Dismissal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
! s. 265 Dismissal: general restrictions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
Financial punishments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263

! s. 266 Financial statement orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263
! s. 267 Power of court to remit fine. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
! s. 268 Order for service parent or service guardian to. . . . . . . . . . . . . . . . . . . . . . . . 264
! s. 269 Fixing of fine or compensation to be paid by parent. . . . . . . . . . . . . . . . . . . 265
! s. 269A Fines: fixing of term of imprisonment for default. . . . . . . . . . . . . . . . . . . 266
! s. 269B Service compensation orders: power to set maximum term of imprisonment
for default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267

! s. 269C Orders under section 269A or 269B against service parents or service
guardians: appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268

Community punishments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269
! s. 270 Community punishments: general restrictions etc. . . . . . . . . . . . . . . . . . . . . 269
! s. 270A Exception to restrictions on community punishments. . . . . . . . . . . . . . . . 270

! s. 271 Civilian courts dealing with service offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . 275
Part 10 COURT MARTIAL DECISIONS: APPEALS AND REVIEW. . . . . . . . . . . . . . . 275

Chapter 1 APPEALS FROM COURT MARTIAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275
! s. 272 Appeals to the Court Martial Appeal Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275
Chapter 2 REVIEW OF COURT MARTIAL SENTENCE. . . . . . . . . . . . . . . . . . . . . . . . 276

! s. 273 Review of unduly lenient sentence by Court Martial Appeal Court. . . . . . . 276
! s. 274 Reference of point of law to Supreme Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . 278
! s. 275 Power to make supplementary provision about review. . . . . . . . . . . . . . . . . . . 278
Chapter 3 COMPENSATION FOR MISCARRIAGES OF JUSTICE. . . . . . . . . . . . . . 279

! s. 276 Compensation for miscarriages of justice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279
! s. 276A Miscarriages of justice: amount of compensation. . . . . . . . . . . . . . . . . . . . . . 281
! s. 276B Cases where person has been detained for at least 10 years. . . . . . . . . . . . . 282
Part 11 THE SERVICE CIVILIAN COURT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283

The Service Civilian Court: court and proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283

! s. 277 The Service Civilian Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284
! s. 278 Constitution and proceedings of the Service Civilian. . . . . . . . . . . . . . . . . . . . 284
! s. 279 Court must consider whether trial by Court Martial. . . . . . . . . . . . . . . . . . . . . 285
! s. 280 Right to elect trial by Court Martial instead of. . . . . . . . . . . . . . . . . . . . . . . . . . 285
! s. 281 Power of SCC to convict of offence other than that. . . . . . . . . . . . . . . . . . . . . . 286
Punishments available to Service Civilian Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287
! s. 282 Punishments available to Service Civilian Court. . . . . . . . . . . . . . . . . . . . . . . . 287
! s. 283 Imprisonment: maximum term. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287
! s. 284 Fines and compensation orders: maximum amounts. . . . . . . . . . . . . . . . . . . . . 288
Appeals from Service Civilian Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289
! s. 285 Right of appeal from SCC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289
! s. 286 Hearing of appeals from SCC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290
! s. 287 Findings made and sentences passed by Court Martial. . . . . . . . . . . . . . . . . . . 291
SCC rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291
! s. 288 SCC rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292
Part 12 SERVICE AND EFFECT OF CERTAIN SENTENCES. . . . . . . . . . . . . . . . . . . . . . 293
Commencement of sentence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293
! s. 289 Commencement of sentences of the Court Martial. . . . . . . . . . . . . . . . . . . . . . 293
! s. 290 Commencement of term of service detention awarded. . . . . . . . . . . . . . . . . . . 294
! s. 291 Commencement of consecutive term of service detention. . . . . . . . . . . . . . . . 295
! s. 292 Commencement of suspended sentence activated by. . . . . . . . . . . . . . . . . . . . 296
Effect of custodial sentence or detention on rank or. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297
R s. 293 Effect on rank or rate of WOs and NCOs of custodial. . . . . . . . . . . . . . . . . . . 297
! s. 294 Rank or rate of WOs and NCOs while in custody pursuant. . . . . . . . . . . . . . 297
Effect of dismissal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298
! s. 295 Effect of sentence of dismissal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298
Service of sentence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299
! s. 296 Service detention. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299
! s. 297 Detention in service custody following passing of custodial sentence etc. . 300
! s. 298 Removal to England and Wales following passing of custodial sentence etc. 300
! s. 299 Duty to receive prisoners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301
! s. 300 Service custody etc rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301
! s. 301 Duration of sentences: persons unlawfully at large or on temporary release. 303
! s. 302 Remission of certain sentences on passing of custodial sentence etc. . . . . . 304
! s. 303 Power of service policeman to arrest person unlawfully at large. . . . . . . . . . 305
Supplementary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 305
! s. 304 Sentences passed by civilian courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 305
Part 13 DISCIPLINE: MISCELLANEOUS AND SUPPLEMENTARY. . . . . . . . . . . . . . 306
Chapter 1 RANDOM DRUG TESTING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306

! s. 305 Random drug testing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306
R s. 306 Testing for alcohol and drugs after serious incident. . . . . . . . . . . . . . . . . . . . . . 307
R s. 307 Definitions etc for purposes of section 306. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 307
! s. 308 Section 305: supplementary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 308
Chapter 2 CONTEMPT OF COURT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 309
! s. 309 Offences of misbehaviour in court etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 309
! s. 310 Power to detain before dealing with section 309. . . . . . . . . . . . . . . . . . . . . . . . . 310
! s. 311 Certification to civil courts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 311
! s. 312 Decisions of court under section 309: making and. . . . . . . . . . . . . . . . . . . . . . . 312
Chapter 3 ARREST AND DETENTION BY CIVIL AUTHORITIES. . . . . . . . . . . . . . 313
Arrest for service offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 313
! s. 313 Arrest by civilian police under warrant of judge. . . . . . . . . . . . . . . . . . . . . . 313
Arrest etc for desertion or absence without leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314
! s. 314 Arrest by civilian police of deserters and absentees. . . . . . . . . . . . . . . . . . . 314
! s. 315 Deserters and absentees without leave surrendering. . . . . . . . . . . . . . . . . . . 315
! s. 316 Proceedings before civilian court where person. . . . . . . . . . . . . . . . . . . . . . . 316
! s. 317 Warrant for the arrest of persons released under. . . . . . . . . . . . . . . . . . . . . . 317
Arrest of persons unlawfully at large. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 318
! s. 318 Arrest by civilian police of persons unlawfully. . . . . . . . . . . . . . . . . . . . . . . 318
Supplementary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319
! s. 319 Certificates in connection with transfer to service. . . . . . . . . . . . . . . . . . . . . 319
! s. 320 Power to use reasonable force. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319
Chapter 4 POWERS OF THE CRIMINAL CASES REVIEW COMMISSION. . . . 320
! s. 321 Powers of the Criminal Cases Review Commission. . . . . . . . . . . . . . . . . . . . . 320
Chapter 4A INSPECTION OF SERVICE POLICE INVESTIGATIONS. . . . . . . . . . 320
! s. 321A Inspection of service police investigations. . . . . . . . . . . . . . . . . . . . . . . . . . . . 320
! s. 321B Inspectors' reports to be laid before Parliament. . . . . . . . . . . . . . . . . . . . . . . . 321
Financial penalty enforcement orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 322
! s. 322 Financial penalty enforcement orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 322
Power to make provision in consequence of criminal justice. . . . . . . . . . . . . . . . . . . . . 323
! s. 323 Power to make provision in consequence of criminal. . . . . . . . . . . . . . . . . . 323
! s. 324 Section 323: definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324
Other supplementary provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325
! s. 325 Evidential burden as respects excuses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325
! s. 326 Exclusion of enactments requiring consent of Attorney. . . . . . . . . . . . . . . 326
! s. 327 Local probation boards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327
Part 14 ENLISTMENT, TERMS OF SERVICE ETC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327
Enlistment, terms of service etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327

! s. 328 Enlistment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327
! s. 329 Terms and conditions of enlistment and service. . . . . . . . . . . . . . . . . . . . . . . . . 329
! s. 330 Desertion and absence without leave: forfeiture. . . . . . . . . . . . . . . . . . . . . . . . . 330
! s. 331 Discharge etc from the regular forces and transfer. . . . . . . . . . . . . . . . . . . . . . . 331
! s. 332 Administrative reduction in rank or rate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 331
! s. 333 Pay, bounty and allowances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 332
Redress of individual grievances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 333
! s. 334 Redress of individual grievances: service complaints. . . . . . . . . . . . . . . . . . . . 333
! s. 335 Service complaints: role of Defence Council and service complaint panels. 335
! s. 336 Composition and procedure of service complaint panels. . . . . . . . . . . . . . . . . 336
! s. 336A Requirement to delegate to service complaint panel. . . . . . . . . . . . . . . . . . . 338
! s. 337 Reference of individual grievance to Her Majesty. . . . . . . . . . . . . . . . . . . . . . . 339
Role of Service Complaints Commissioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 340
! s. 338 Referral by Service Complaints Commissioner of. . . . . . . . . . . . . . . . . . . . . . . 340
! s. 339 Reports by Commissioner on system for dealing with. . . . . . . . . . . . . . . . . . . 341
Restriction on aliens. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 342
! s. 340 Restriction on aliens in regular forces etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 342
Part 15 FORFEITURES AND DEDUCTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 343
! s. 341 Forfeitures and deductions: general provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . 343
! s. 342 Permitted forfeitures and deductions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 344
Part 16 INQUIRIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 346
! s. 343 Service inquiries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 346
Part 16A ARMED FORCES COVENANT REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347
! s. 343A Armed forces covenant report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 348
! s. 343B Interpretation of Part. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 349
Part 17 MISCELLANEOUS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 350
Offences relating to service matters punishable by civilian. . . . . . . . . . . . . . . . . . . . . . . . . 350
! s. 344 Aiding or abetting etc desertion or absence without. . . . . . . . . . . . . . . . . . . . . 350
! s. 345 Aiding or abetting etc malingering. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 351
! s. 346 Obstructing persons subject to service law in course. . . . . . . . . . . . . . . . . . . . . 353
! s. 347 Sections 344 to 346: supplementary provisions. . . . . . . . . . . . . . . . . . . . . . . . . 353
! s. 348 British overseas territories: references to maximum. . . . . . . . . . . . . . . . . . . . . 354
Exemptions from certain civil matters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355
! s. 349 Exemption from tolls and charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355
! s. 350 Exemption of property used for service purposes. . . . . . . . . . . . . . . . . . . . . . . . 356
Powers of officers etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356
N ! s. 351 Detention etc of persons in overseas service hospitals. . . . . . . . . . . . . . . . . . . 356
! s. 352 Power to take affidavits and declarations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357
Protection of children of service families. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358

! s. 353 Protection of children of service families. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358
Miscellaneous. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358
! s. 354 Extension of powers of command dependent on rank. . . . . . . . . . . . . . . . . . . . 358
! s. 355 Service of process. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 359
! s. 356 Avoidance of assignment of or charge on pay and. . . . . . . . . . . . . . . . . . . . . . . 359
! s. 357 Power of British overseas territory to apply Act,. . . . . . . . . . . . . . . . . . . . . . . . 360
! s. 358 Amendments relating to reserve forces. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361
! s. 359 Pardons for servicemen executed for disciplinary. . . . . . . . . . . . . . . . . . . . . . . 361
Part 18 COMMANDING OFFICER AND OTHER PERSONS WITH FUNCTIONS. . 362
Officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 362
! s. 360 Meaning of "commanding officer". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 362
! s. 361 Meaning of "higher authority". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363
Court officials. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363
! s. 362 Judge advocates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363
! s. 363 Court administration officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 364
Service Prosecuting Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 364
! s. 364 Director of Service Prosecutions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365
! s. 365 Prosecuting officers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365
Provost Marshals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 366
! s. 365A Provost Marshals: appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 366
Service Complaints Commissioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 367
! s. 366 Service Complaints Commissioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 367
Part 19 SUPPLEMENTARY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 368
Chapter 1 APPLICATION OF ACT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 368
Persons subject to service law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 368
! s. 367 Persons subject to service law: regular and reserve. . . . . . . . . . . . . . . . . . . . 368
! s. 368 References to members of the regular forces. . . . . . . . . . . . . . . . . . . . . . . . . . 369
! s. 369 Members of British overseas territories' forces. . . . . . . . . . . . . . . . . . . . . . . . 369
Civilians subject to service discipline. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 370
! s. 370 Civilians subject to service discipline. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 370
Naval chaplains. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 371
! s. 371 Naval chaplains. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 371
Protected prisoners of war. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 372
! s. 371A Power to make provision in relation to protected prisoners of war. . . . 372
Chapter 2 OTHER SUPPLEMENTARY PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . 373
! s. 372 Evidence in proceedings before civilian courts. . . . . . . . . . . . . . . . . . . . . . . . . . 373
! s. 373 Orders, regulations and rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 373
Chapter 3 INTERPRETATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 375
s. 374 Definitions applying for purposes of whole Act. . . . . . . . . . . . . . . . . . . . . . . . .

! 375
! s. 375 Definitions relating to police forces. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378
! s. 376 "Conviction", "sentence". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 379
! s. 377 Further interpretive provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 380
Chapter 4 FINAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 381
! s. 378 Minor and consequential amendments and repeals. . . . . . . . . . . . . . . . . . . . . . 381
! s. 379 Power to make further amendments and repeals. . . . . . . . . . . . . . . . . . . . . . . . . 382
! s. 380 Power to make transitional and transitory provision. . . . . . . . . . . . . . . . . . . . . 383
! s. 381 Alignment of SDAs etc with this Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 384
! s. 382 Duration of this Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385
! s. 383 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 386
! s. 384 Extent to Channel Islands, Isle of Man and British overseas territories. . . 386
! s. 385 Extent of applied enactments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 387
! s. 386 Short title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 388
Schedule 1 CRIMINAL CONDUCT OFFENCES THAT MAY BE DEALT WITH AT. 388
Part 1 OFFENCES THAT MAY BE DEALT WITH WITHOUT PERMISSION. . . 388
! para. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 388
! para. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 389
! para. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 389
! para. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 390
! para. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 390
! para. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 390
! para. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 391
! para. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 391
! para. 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 392
P ! para. 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 392
! para. 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 393
! para. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 393
! para. 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 394
Part 2 OFFENCES THAT MAY BE DEALT WITH ONLY WITH PERMISSION. . 394
! para. 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 394
! para. 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 395
! para. 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 395
! para. 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396
! para. 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396
! para. 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 397
! para. 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 397
! para. 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398
Schedule 2 "SCHEDULE 2 OFFENCES". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398
para. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398
!
! para. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399
! para. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399
! para. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400
! para. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400
! para. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401
! para. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401
! para. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402
! para. 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402
! para. 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403
! para. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403
! para. 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404
! para. 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407
! para. 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 408
! para. 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 408
Schedule 2A OFFENCES RELATING TO MEMBERS OF THE COURT MARTIAL. 409

! para. 1 Interpretation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 409
! para. 2 Research by lay members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 410
! para. 3 Sharing research with other lay members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 411
! para. 4 Engaging in other prohibited conduct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 412
! para. 5 Disclosing information about members’ deliberations etc. . . . . . . . . . . . . . . . . 413
! para. 6 Disclosing information about members’ deliberations etc: initial exceptions. 414
! para. 7 Disclosing information about members’ deliberations etc: further exceptions. 415
! para. 8 Disclosing information about members’ deliberations: exceptions for soliciting
disclosures or obtaining information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 417

! para. 9 Saving for contempt of court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 417
Schedule 3 CIVILIANS ETC: MODIFICATIONS OF COURT MARTIAL

SENTENCING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 418
Part 1 CIVILIAN OFFENDERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 418
! para. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 418
! para. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 419
Part 2 EX-SERVICEMEN ETC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 419

! para. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 420
! para. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 421
Schedule 3A COURT MARTIAL SENTENCING POWERS WHERE ELECTION FOR

TRIAL BY THAT COURT INSTEAD OF CO. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 421
Part 1 RELEVANT OFFENCES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 422
! para. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 422
! para. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 422
! para. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 423
para. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
! 423
! para. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 424
Part 2 SENTENCING POWERS ETC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 425
Sentencing powers: single relevant offence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 425
! para. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 425
! para. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 426
Multiple relevant offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 426
! para. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 426
Sentencing powers: multiple relevant offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 427
! para. 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 427
Further provision about sentencing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 428
! para. 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 428
! para. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 429
Activation of suspended sentence of detention. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 429
! para. 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 430
Court orders other than sentences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 431
! para. 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 431
Review of unduly lenient sentences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 432
! para. 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 432
Appeals: application of Court Martial Appeals Act 1968 to multiple relevant
offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 432
! para. 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 432
Part 3 INTERPRETATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 434
“Commanding officer”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 434
! para. 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 434
Substituted charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 435
! para. 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 435
Schedule 4 UNFITNESS AND INSANITY: MODIFICATIONS OF MENTAL
HEALTH. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 435
Hospital orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 436
! para. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 436
Restriction orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 437
! para. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 437
Remand orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 437
! para. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 437
! para. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 438
Interim hospital orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 439
! para. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 439
Schedule 5 BREACH, REVOCATION AND AMENDMENT OF COMMUNITY
PUNISHMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 439
Part 1 SERVICE COMMUNITY ORDERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 439

General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 440
! para. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 440
Breach of requirement of order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 440
R para. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 440
! para. 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 440
! para. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 441
Revocation of order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 441
! para. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 441
Amendment of order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 442
! para. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 442
! para. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 442
Powers of civilian courts in relation to order following subsequent. . . . . . . . . . . . . . 443
! para. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 443
Re-sentencing powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 443
! para. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 443
! para. 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 445
Part 2 OVERSEAS COMMUNITY ORDERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 445
General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 445
! para. 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 445
! para. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 446
Breach of requirement of order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 446
R para. 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 447
! para. 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 447
! para. 12B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 447
! para. 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 448
! para. 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 449
! para. 14A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 449
Revocation of order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 450
! para. 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 450
Amendment of order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 451
! para. 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 451
! para. 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 451
Powers in relation to order following subsequent conviction. . . . . . . . . . . . . . . . . . . . . 452
! para. 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452
! para. 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 452
Supplementary provisions relating to orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453
! para. 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453
! para. 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 453
Court Martial rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454

! para. 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454
Appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455
! para. 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455
Schedule 6 OVERSEAS COMMUNITY ORDERS: YOUNG OFFENDERS. . . . . . . . . . 455
! para. 1 Unpaid work requirement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 456
! para. 2 Exclusion requirement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 456
! para. 3 Residence requirement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 456
! para. 4 Mental health requirement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 457
! para. 5 Drug rehabilitation requirement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 458
! para. 6 Alcohol treatment requirement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 459
! para. 7 Education requirement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 459
! para. 8 Power to amend. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 460
Schedule 7 SUSPENDED PRISON SENTENCE: FURTHER CONVICTION OR
BREACH. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 460
Part 1 INTRODUCTORY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 460
! para. 1 Modifications of Part 2 of Schedule 12 to the 2003 Act. . . . . . . . . . . . . . . . . 461
R para. 2 Suspended sentence order without community requirements. . . . . . . . . . . . 461
! para. 3 Meaning of "court". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 461
Part 2 MODIFICATIONS REFERRED TO IN PART 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . 462
Breach of community requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 462
R para. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 462
! para. 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 462
! para. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 463
Conviction of further offence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 463
! para. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 463
! para. 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 464
! para. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 465
! para. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 465
Activation of suspended sentence: appeals etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 466
! para. 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 466
Schedule 8 AMENDMENT OF THE COURTS-MARTIAL (APPEALS) ACT 1968. . 467
! para. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 468
! para. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 468
! para. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 468
! para. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 469
! para. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 469
! para. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 470
! para. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 470
! para. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 471
! para. 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 471
! para. 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 472
! para. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 472
! para. 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 473
! para. 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 474
! para. 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 474
! para. 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 475
! para. 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 476
! para. 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 476
! para. 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 477
! para. 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 477
! para. 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 478
P ! para. 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 479
! para. 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 480
! para. 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 481
! para. 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 482
! para. 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 482
! para. 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 483
! para. 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 484
! para. 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 484
! para. 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 485
! para. 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 485
! para. 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 486
! para. 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 487
! para. 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 487
! para. 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 488
! para. 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 488
! para. 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 489
! para. 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 489
! para. 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 490
! para. 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 491
! para. 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 491
! para. 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 492
! para. 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 492
! para. 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 493
! para. 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 494
! para. 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 494
! para. 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 494
para. 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 495
!
! para. 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 495
! para. 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 496
! para. 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 496
! para. 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 497
! para. 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 498
! para. 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 498
! para. 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 499
! para. 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500
! para. 56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500
Schedule 9 ASSESSORS OF COMPENSATION FOR MISCARRIAGES OF JUSTICE. 501

! para. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 501
! para. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 502
! para. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 502
! para. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503
! para. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503
! para. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 504
! para. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 505
Schedule 10 PROCEEDINGS OF THE SERVICE CIVILIAN COURT. . . . . . . . . . . . . . 505

! para. 1 Court to sit in public. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 505
! para. 2 Unfitness to stand trial and insanity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 506
! para. 3 Privilege of witnesses and others. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 506
Schedule 11 POWERS OF THE CRIMINAL CASES REVIEW COMMISSION. . . . . 507

! para. 1 Amendment of the Court Martial Appeals Act 1968. . . . . . . . . . . . . . . . . . . . . . . 507
! para. 2 Amendments of the Criminal Appeal Act 1995. . . . . . . . . . . . . . . . . . . . . . . . . . . 508
! para. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 510
! para. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 510
! para. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 511
! para. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 512
! para. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 512
! para. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 513
! para. 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 514
! para. 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 515
! para. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 516
Schedule 12 DETENTION ETC OF PERSONS IN OVERSEAS SERVICE

HOSPITALS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 516
N ! para. 1 The relevant conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 517
N ! para. 2 Order for person's detention in overseas service. . . . . . . . . . . . . . . . . . . . . . . . . . 517
N ! para. 3 Effect of order under paragraph 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 518

N para. 4 Requirements as to recommendations under paragraph. . . . . . . . . . . . . . . . . . . .

! 519
N ! para. 5 Exercise of powers under paragraph 2 where person's. . . . . . . . . . . . . . . . . . . . . 520
P ! para. 6 Power to review order under paragraph 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 520
P ! para. 7 Detention of resident patients in overseas service. . . . . . . . . . . . . . . . . . . . . . . . . 521
P ! para. 8 Urgent removal from service living accommodation. . . . . . . . . . . . . . . . . . . . . . 522
N ! para. 9 Urgent removal from other places to overseas service. . . . . . . . . . . . . . . . . . . . . 524
N ! para. 10 Use of force. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 525
N ! para. 11 Service custody. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 525
N ! para. 12 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 526
Schedule 13 PROTECTION OF CHILDREN OF SERVICE FAMILIES. . . . . . . . . . . . . 526
! para. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 526
! para. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 527
! para. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 528
! para. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 529
! para. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 529
! para. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 531
! para. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 532
! para. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 532
! para. 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 534
Schedule 14 AMENDMENTS RELATING TO RESERVE FORCES. . . . . . . . . . . . . . . . . 535
Reserve Forces Act 1980 (c. 9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 536
! para. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 536
! para. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 536
! para. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 537
! para. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 537
! para. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 537
! para. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 538
! para. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 538
! para. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 539
! para. 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 539
! para. 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 540
! para. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 540
! para. 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 541
! para. 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 541
! para. 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 542
! para. 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 543
! para. 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 543
! para. 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 543
! para. 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 544
para. 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
! 544
! para. 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 545
! para. 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 546
! para. 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 546
! para. 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 546
! para. 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 547
Reserve Forces Act 1996 (c. 14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 548
! para. 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 548
! para. 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 548
! para. 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 549
! para. 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 549
! para. 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 550
! para. 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 550
! para. 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 550
! para. 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 551
! para. 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 551
! para. 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 552
! para. 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 553
! para. 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 554
! para. 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 554
! para. 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555
! para. 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 555
! para. 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 556
! para. 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 557
! para. 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 558
! para. 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 559
! para. 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 559
! para. 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 560
! para. 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 560
! para. 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 561
! para. 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 561
! para. 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 562
! para. 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 562
! para. 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 563
! para. 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 563
! para. 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 564
! para. 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 565
! para. 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 566
! para. 56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 566
para. 57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 567
!
! para. 58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 567
! para. 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 568
Schedule 15 CIVILIANS SUBJECT TO SERVICE DISCIPLINE. . . . . . . . . . . . . . . . . . . . 568

Part 1 CIVILIANS SUBJECT TO SERVICE DISCIPLINE. . . . . . . . . . . . . . . . . . . . . . . 568
! para. 1 Persons in one of Her Majesty's aircraft in. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 568
! para. 2 Persons in one of Her Majesty's ships afloat. . . . . . . . . . . . . . . . . . . . . . . . . . . 569
! para. 3 Persons in service custody etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 570
! para. 4 Crown servants in designated area working in support of Her Majesty's
forces. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 570
! para. 5 Persons working for specified military organisations. . . . . . . . . . . . . . . . . . . 571
! para. 6 Persons in designated area who are members or employees of other specified
organisations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 572
! para. 7 Persons designated by or on behalf of Defence Council. . . . . . . . . . . . . . . . . 573
! para. 8 Persons residing or staying with person subject to. . . . . . . . . . . . . . . . . . . . . . 574
! para. 9 Persons residing or staying with person falling within. . . . . . . . . . . . . . . . . . 574
! para. 10 Persons residing or staying with person falling within paragraph 5. . . . . 575
Part 2 EXCLUSION AND DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 576

Exclusion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 576
! para. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 576
Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 577
! para. 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 577
! para. 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 577
! para. 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 578
Schedule 16 MINOR AND CONSEQUENTIAL AMENDMENTS. . . . . . . . . . . . . . . . . . . . 578

Metropolitan Police Act 1860 (c. 135). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 579
! para. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 579
Naval and Marine Pay and Pensions Act 1865 (c. 73). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 579
! para. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 579
! para. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 580
Naval Pensions Act 1884 (c. 44). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 580

! para. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 580
Foreign Marriage Act 1892 (c. 23). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 581

! para. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 581
Regimental Debts Act 1893 (c. 5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 582

! para. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 582
! para. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 582
! para. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 583
! para. 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 583
para. 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
! 584
Uniforms Act 1894 (c. 45). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 584
! para. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 584
Criminal Evidence Act 1898 (c. 36). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 585
! para. 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 585
Air Force (Constitution) Act 1917 (c. 51). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 586
! para. 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 586
Visiting Forces (British Commonwealth) Act 1933 (c. 6). . . . . . . . . . . . . . . . . . . . . . . . . . . . 586
! para. 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 586
Defence (Armed Forces) Regulations 1939 (S.I. 1939/1304). . . . . . . . . . . . . . . . . . . . . . . . . 587
! para. 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 587
Courts-Martial (Appeals) Act 1951 (c. 46). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 588
! para. 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 588
Prison Act 1952 (c. 52). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 588
! para. 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 588
Visiting Forces Act 1952 (c. 67). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 589
! para. 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 589
! para. 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 590
Army Act 1955 (3 & 4 Eliz. 2 c. 18). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 590
R para. 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 590
R para. 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 591
R para. 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 591
Air Force Act 1955 (3 & 4 Eliz. c. 19). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 591
R para. 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 591
R para. 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 591
R para. 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 591
Naval Discipline Act 1957 (c. 53). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 591
R para. 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 592
R para. 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 592
R para. 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 592
R para. 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 592
R para. 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 592
R para. 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 592
R para. 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 593
R para. 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 593
R para. 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 593
R para. 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 593
R para. 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 593
R para. 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 593
R para. 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 593
Registration of Births, Deaths and Marriages (Special Provisions) Act. . . . . . . . . . . . . 594
! para. 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 594
! para. 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 594
! para. 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 595
! para. 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 596
Public Records Act 1958 (c. 51). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 596
! para. 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 596
Coroners Act (Northern Ireland) 1959 (c. 15). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 597
! para. 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 597
Administration of Justice Act 1960 (c. 65). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 597
! para. 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 597
Criminal Justice Act 1961 (c. 39). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 598
! para. 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 598
! para. 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 599
Parliamentary Commissioner Act 1967 (c. 13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 599
! para. 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 599
! para. 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 600
! para. 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 600
Civil Evidence Act 1968 (c. 64). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 601
! para. 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 601
! para. 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 602
! para. 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 602
Equal Pay Act 1970 (c. 41). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 603
! para. 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 603
! para. 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 604
! para. 56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 604
Equal Pay Act (Northern Ireland) 1970 (c. 32). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 605
! para. 57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 605
! para. 58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 606
Civil Evidence Act (Northern Ireland) 1971 (c. 36). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 606
! para. 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 606
! para. 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 607
! para. 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 607
Juries Act 1974 (c. 23). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 608
! para. 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 608
Rehabilitation of Offenders Act 1974 (c. 53). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 609
! para. 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 609
para. 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
! 609
! para. 65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 610
! para. 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 612
House of Commons Disqualification Act 1975 (c. 24). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 613
! para. 67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 613
! para. 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 614
Northern Ireland Assembly Disqualification Act 1975 (c. 25). . . . . . . . . . . . . . . . . . . . . . . 614
! para. 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 614
! para. 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 615
Sex Discrimination Act 1975 (c. 65). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 615
! para. 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 615
Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c. 14). . . . . . . . . . . . 616
! para. 72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 616
Bail Act 1976 (c. 63). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 616
! para. 73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 617
! para. 74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 617
! para. 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 617
! para. 76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 618
! para. 77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 618
! para. 78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 619
Race Relations Act 1976 (c. 74). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 619
! para. 79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 619
! para. 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 620
! para. 81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 621
Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I.. . . . . . . . . . . 621
! para. 82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 621
Judicature (Northern Ireland) Act 1978 (c. 23). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 622
! para. 83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 622
Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908. . . . . . . . 622
! para. 84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 623
! para. 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 623
! para. 86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 624
! para. 87 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 625
Magistrates' Courts Act 1980 (c. 43). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 626
! para. 88 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 626
! para. 89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 626
Public Passenger Vehicles Act 1981 (c. 14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 627
! para. 90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 627
Contempt of Court Act 1981 (c. 49). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 628
para. 91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
! 628
! para. 92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 628
Senior Courts Act 1981 (c. 54). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 629
! para. 93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 629
! para. 94 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 629
Representation of the People Act 1983 (c. 2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 630
! para. 95 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 630
! para. 96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 631
Mental Health Act 1983 (c. 20). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 631
! para. 97 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 631
Repatriation of Prisoners Act 1984 (c. 47). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 632
! para. 98 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 632
Inheritance Tax Act 1984 (c. 51). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 633
! para. 99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 633
Police and Criminal Evidence Act 1984 (c. 60). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 633
! para. 100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 633
! para. 101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 634
! para. 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 634
! para. 103 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 635
! para. 104 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 636
! para. 105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 636
! para. 106 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 638
Prosecution of Offences Act 1985 (c. 23). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 639
! para. 107 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 639
Housing Act 1985 (c. 68). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 640
! para. 108 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 640
Debtors (Scotland) Act 1987 (c. 18). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 640
! para. 109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 640
Coroners Act 1988 (c. 13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 641
! para. 110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 641
! para. 111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 641
! para. 112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 642
! para. 113 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 642
! para. 114 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 643
! para. 115 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 643
Road Traffic Act 1988 (c. 52). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 644
! para. 116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 644
para. 117 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
! 645
Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341. . . . . . 646
! para. 118 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 646
! para. 119 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 647
! para. 120 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 647
Courts and Legal Services Act 1990 (c. 41). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 648
N ! para. 121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 648
Armed Forces Act 1991 (c. 62). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 648
! para. 122 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 648
Local Government Finance Act 1992 (c. 14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 649
! para. 123 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 649
Sexual Offences (Amendment) Act 1992 (c. 34). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 650
! para. 124 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 650
! para. 125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 650
! para. 126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 651
! para. 127 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 651
! para. 128 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 652
! para. 129 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 653
Criminal Justice and Public Order Act 1994 (c. 33). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 653
! para. 130 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 653
Goods Vehicles (Licensing of Operators) Act 1995 (c. 23). . . . . . . . . . . . . . . . . . . . . . . . . . . 654
! para. 131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 654
Pensions Act 1995 (c. 26). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 654
! para. 132 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 654
Criminal Procedure (Scotland) Act 1995 (c. 46). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 655
! para. 133 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 655
Disability Discrimination Act 1995 (c. 50). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 656
! para. 134 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 656
Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)). . . . . . . . . . . . . . . . . 656
! para. 135 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 656
Employment Rights Act 1996 (c. 18). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 657
! para. 136 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 657
Criminal Procedure and Investigations Act 1996 (c. 25). . . . . . . . . . . . . . . . . . . . . . . . . . . . 658
! para. 137 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 658
! para. 138 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 659
Housing Act 1996 (c. 52). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 659
R para. 139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 660
Social Security (Recovery of Benefits) Act 1997 (c. 27). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 660
para. 140 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
! 660
Crime (Sentences) Act 1997 (c. 43). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 660
! para. 141 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 660
! para. 142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 661
! para. 143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 661
! para. 144 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 662
! para. 145 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 662
Police Act 1997 (c. 50). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 663
! para. 146 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 663
! para. 147 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 664
! para. 148 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 664
! para. 149 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 665
Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6)). . . . . . . . . . . . . 665
! para. 150 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 665
Social Security (Recovery of Benefits) (Northern Ireland) Order 1997. . . . . . . . . . . . . 666
! para. 151 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 666
Landmines Act 1998 (c. 33). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 667
! para. 152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 667
Crime and Disorder Act 1998 (c. 37). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 667
! para. 153 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 667
! para. 154 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 668
! para. 155 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 668
Human Rights Act 1998 (c. 42). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 669
! para. 156 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 669
! para. 157 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 669
Youth Justice and Criminal Evidence Act 1999 (c. 23). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 670
! para. 158 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 670
! para. 159 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 670
! para. 160 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 671
! para. 161 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 671
Welfare Reform and Pensions Act 1999 (c. 30). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 672
! para. 162 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 672
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6). . . . . . . . . . . . . . . . . . . . . . . . . . . . 673
! para. 163 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 673
! para. 164 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 673
! para. 165 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 674
! para. 166 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 675
! para. 167 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 676
! para. 168 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 676
Regulation of Investigatory Powers Act 2000 (c. 23). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 677

! para. 169 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 677
! para. 170 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 677
! para. 171 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 678
! para. 172 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 678
! para. 173 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 679
! para. 174 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 679
! para. 175 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 680
Freedom of Information Act 2000 (c. 36). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 681
! para. 176 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 681
Criminal Justice and Court Services Act 2000 (c. 43). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 681
! para. 177 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 681
R para. 178 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 682
! para. 179 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 682
! para. 180 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 683
! para. 181 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 683
! para. 182 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 684
! para. 183 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 684
! para. 184 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 685
! para. 185 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 685
! para. 186 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 686
Criminal Justice and Police Act 2001 (c. 16). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 686
! para. 187 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 686
International Criminal Court Act 2001 (c. 17). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 687
! para. 188 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 687
! para. 189 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 687
! para. 190 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 688
! para. 191 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 688
! para. 192 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 689
! para. 193 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 690
! para. 194 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 691
! para. 195 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 691
Anti-terrorism, Crime and Security Act 2001 (c. 24). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 692
! para. 196 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 692
Proceeds of Crime Act 2002 (c. 29). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 693
! para. 197 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 693
Railways and Transport Safety Act 2003 (c. 20). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 693
! para. 198 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 693
para. 199 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
! 694
Extradition Act 2003 (c. 41). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 694
! para. 200 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 694
! para. 201 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 695
! para. 202 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 695
! para. 203 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 696
! para. 204 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 697
! para. 205 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 697
Sexual Offences Act 2003 (c. 42). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 698
! para. 206 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 698
! para. 207 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 698
! para. 208 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 699
! para. 209 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 699
! para. 210 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 700
! para. 211 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 701
! para. 212 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 702
! para. 213 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 703
! para. 214 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 703
! para. 215 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 704
! para. 216 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 705
! para. 217 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 705
R para. 218 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 706
! para. 219 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 706
! para. 220 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 707
! para. 221 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 707
R para. 222 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 708
R para. 223 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 708
! para. 224 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 708
R para. 225 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 709
! para. 226 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 709
! para. 227 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 709
R para. 228 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 710
! para. 229 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 710
! para. 230 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 711
! para. 231 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 711
! para. 232 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 712
! para. 233 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 712
! para. 234 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 713
para. 235 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
! 714
! para. 236 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 716
Crime (International Co-operation) Act 2003 (c. 47). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 716
! para. 237 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 716
Domestic Violence, Crime and Victims Act 2004 (c.28). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 717
! para. 238 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 717
! para. 239 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 718
! para. 240 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 718
Human Tissue Act 2004 (c. 30). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 719
! para. 241 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 719
! para. 242 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 719
Civil Partnership Act 2004 (c. 33). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 719
! para. 243 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 720
Constitutional Reform Act 2005 (c. 4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 720
! para. 244 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 720
Gambling Act 2005 (c. 19). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 721
! para. 245 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 721
! para. 246 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 721
Schedule 17 REPEALS AND REVOCATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 722
! para. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 722
...................................................................................... 730
Explanatory Note . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 730
para. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 731
para. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 738
para. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 746
para. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 754
para. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 762
para. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 770
para. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 778
para. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 785
para. 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 793
para. 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 801
para. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 808
para. 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 815
para. 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 823
para. 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 831
para. 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 839
Modifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 846
Table of Contents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 852

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Armed Forces Act 2006 Page 1

Armed Forces Act 2006

[8th November 2006]

Assisting an enemy, misconduct on operations etc

(6) In subsection (5) “relevant civilian” means a person who–

5 Failure to escape etc

7 Failure to suppress mutiny

Desertion and absence without leave

9 Absence without leave

10 Failure to cause apprehension of deserters or absentees

11 Misconduct towards a superior officer

(b) “threatening” behaviour is not limited to behaviour that threatens violence.

12 Disobedience to lawful commands

13 Contravention of standing orders

14 Using force against a sentry etc

Neglect of duty and misconduct

15 Failure to attend for or perform duty etc

17 Disclosure of information useful to an enemy

18 Making false records etc

19 Conduct prejudicial to good order and discipline

20 Unfitness or misconduct through alcohol or drugs

[ 20A Exceeding alcohol limit for prescribed safety-critical duties

21 Fighting or threatening behaviour etc

(a) without reasonable excuse, his behaviour is–

23 Disgraceful conduct of a cruel or indecent kind

24 Damage to or loss of public or service property

25 Misapplying or wasting public or service property

26 Sections 24 and 25: “public property” and “service property”

Offences against service justice

27 Obstructing or failing to assist a service policeman

28 Resistance to arrest etc

29 Offences in relation to service custody

30 Allowing escape, or unlawful release, of prisoners etc

Ships and aircraft

32 Giving false air signals etc

33 Dangerous flying etc

(a) he does an act–

37 Prize offences by officer in command of ship or aircraft

38 Other prize offences

Attempts, [ encouragement and assistance ] 1 , and aiding and abetting

(b) an offence under this section or section 42.

[ 40 Encouraging and assisting

41 Aiding, abetting, counselling or procuring

43 Attempting criminal conduct

44 Trial of section 42 offence of attempt

45 Conspiring to commit criminal conduct

[ 46 Encouraging or assisting criminal conduct

47 Aiding, abetting, counselling or procuring criminal conduct

48 Provision supplementary to sections 43 to 47

49 Air Navigation Order offences

JURISDICTION AND TIME LIMITS

50 Jurisdiction of the Court Martial

[ (fa) an offence under paragraph 2, 3 or 4 of Schedule 2A (offences committed by a lay

Service Civilian Court

51 Jurisdiction of the Service Civilian Court

(a) an indictable-only offence under section 42;

52 Charges capable of being heard summarily

53 Offences that may be dealt with at a summary hearing

TIME LIMITS FOR COMMENCING PROCEEDINGS

55 Time limit for charging former member of a regular or reserve force

57 Time limit for charging person formerly subject to service law

58 Time limit for charging civilian formerly subject to service discipline

59 Time limit for charging offence under section 107

60 Time limit for charging offence under section 266