Armed Forces Act 1996

Continuance of Services Acts

Powers exercisable by registrar.

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Terms and conditions of service

The 1955 Acts and the 1957 Act.

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Discharge certificates

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Mode of making regulations relating to enlistment etc

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Trial and punishment of offences under Services Acts

Procedure for dealing with offences under Services Acts

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Schedule 1 (amendment of provisions relating to the procedure for dealing with offences under the 1955 Acts and the 1957 Act) shall have effect.

Abrogation of common law corroboration rules

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• (1) For the avoidance of doubt section 32 of the Criminal Justice and Public Order Act 1994 (abolition of corroboration rules) and section 34(2) of the Criminal Justice Act 1988 (abrogation of requirements for corroboration warning) apply to any service disciplinary proceedings in which the rules abrogated by those sections would have been applied.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In this section “service disciplinary proceedings” means proceedings before—

• (a) the Court Martial;

• (b) the Summary Appeal Court;

• (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.

Evidence from children

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In Schedule 13 to the Criminal Justice Act 1988 (application of provisions of that Act to courts-martial etc.), after paragraph 8 there shall be added the following paragraphs—

(9) (1) The Secretary of State may by order direct that section 32A above shall have effect in relation— (a) to proceedings before Service courts; or (b) to proceedings, or proceedings of specified descriptions, before Service courts in specified places, subject to such modifications as may be specified in the order. (2) The power to make an order conferred by this paragraph shall be exercisable by statutory instrument and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament. (3) Without prejudice to the generality of any enactment conferring power to make procedural instruments, procedural instruments may make such provision as appears to the authority making them to be necessary or expedient for the purposes of section 32A above in their application to proceedings such as are mentioned in sub-paragraph (1) above by virtue of an order under that sub-paragraph. (4) In this paragraph “modifications” includes additions, omissions and amendments. (10) (1) The Secretary of State may by order direct that section 34A above shall have effect in relation— (a) to proceedings before Service courts; or (b) to proceedings or proceedings of specified descriptions before Service courts in specified places, subject to such modifications as may be specified in the order. (2) The power to make an order conferred by this paragraph shall be exercisable by statutory instrument and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament. (3) In this paragraph “modifications” includes additions, omissions and amendments.

Findings of unfitness to stand trial and insanity

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Postponement of sentences of courts-martial

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Community supervision orders

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Fingerprints and samples

Fingerprinting of certain offenders

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Taking of samples from certain offenders

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Rehabilitation of service offenders

Application of Rehabilitation of Offenders Act 1974

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• (1) The Rehabilitation of Offenders Act 1974 shall be amended as follows.

• (2) In section 2 (rehabilitation of persons dealt with in service disciplinary proceedings), subsections (2) to (4) shall cease to have effect.

• (3) In section 6 (the rehabilitation period)—

• (a) in subsection (6) the words “Subject to subsection (7) below" shall cease to have effect; and

• (b) after subsection (6)(b) there shall be inserted the following paragraph—

(bb) any conviction in service disciplinary proceedings for an offence listed in the Schedule to this Act;

; and

• (c) in subsection (7) for the words “Notwithstanding subsection (6) above" there shall be substituted the words “ Except as provided by subsection (6)(bb) above ”.

• (4) The provisions set out in Schedule 4 to this Act shall be inserted as the Schedule to the Rehabilitation of Offenders Act 1974.

• (5) The Rehabilitation of Offenders Act 1974 shall apply to convictions before the commencement date as if the amendments made by this section had always had effect; but this subsection does not apply to convictions to which section 2(1) of that Act applied before that date.

• (6) Where by virtue of subsection (5) above a rehabilitation period applicable to a conviction would have ended before the commencement date, the individual concerned shall (subject to section 1(2) of the Rehabilitation of Offenders Act 1974) be treated as a rehabilitated person in respect of the conviction, and the conviction shall be regarded as spent, on and after that date.

• (7) In this section “the commencement date” means the date on which this section comes into force.

Application of Rehabilitation of Offenders (Northern Ireland) Order 1978

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• (1) The Rehabilitation of Offenders (Northern Ireland) Order 1978 shall be amended as follows.

• (2) In Article 4 (rehabilitation of persons dealt with in service disciplinary proceedings), paragraphs (2) to (4) shall cease to have effect.

• (3) In Article 7 (the rehabilitation period)—

• (a) in paragraph (6) the words “Subject to paragraph (7)" shall cease to have effect; and

• (b) after paragraph (6)(b) there shall be inserted the following sub-paragraph—

(bb) any conviction in service disciplinary proceedings for an offence listed in the Schedule;

; and

• (c) in paragraph (7) for the words “Notwithstanding paragraph (6)" there shall be substituted the words “ Except as provided by paragraph (6)(bb) ”.

• (4) A Schedule corresponding to the Schedule to be inserted into the Rehabilitation of Offenders Act 1974 by section 13(4) above shall be inserted as the Schedule to the Rehabilitation of Offenders (Northern Ireland) Order 1978, with the substitution—

• (a) in the Schedule heading, for the words “Section 6(4)" of the words “ Article 7 ”; and

• (b) in paragraph 1, for the words “section 6(6)(bb) of this Act" of the words “ Article 7(6)(bb) ”.

• (5) The Rehabilitation of Offenders (Northern Ireland) Order 1978 shall apply to convictions before the commencement date as if the amendments made by this section had always had effect; but this subsection does not apply to convictions to which Article 4(1) of that Order applied before that date.

• (6) Where by virtue of subsection (5) above a rehabilitation period applicable to a conviction would have ended before the commencement date, the individual concerned shall (subject to Article 3(2) of the Rehabilitation of Offenders (Northern Ireland) Order 1978) be treated as a rehabilitated person in respect of the conviction, and the conviction shall be regarded as spent, on and after that date.

• (7) In this section “the commencement date” means the date on which this section comes into force.

Review and appeal

Abolition of confirmation

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Review of findings and sentences

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Appeals against sentence

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• (1) The Courts-Martial (Appeals) Act 1968 shall be amended as follows.

• (2) In section 8 (right of appeal)—

• (a) in subsection (1), for the words from “against" (in the first place it appears) to the end there shall be substituted the words

— (a) against his conviction; and (b) against any sentence (not being a sentence fixed by law) passed on him for the offence for which he was convicted.

;

• (b) in subsection (1A), paragraph (a) shall cease to have effect;

• (c) subsection (5) shall cease to have effect.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In section 34 (reference of cases by Service authorities), for subsection (4) there shall be inserted the following subsections—

(4) The Secretary of State may, if consideration by the Appeal Court appears to him for any reason desirable, refer the sentence passed on any person convicted by a court-martial to the Appeal Court. (5) Any reference under subsection (4) above shall be treated as an appeal by the person convicted against sentence for all purposes except those of section 32 of this Act.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) In section 57 (interpretation), after the definition of “the registrar" there shall be inserted the words

; and “sentence”, in relation to an offence, includes any order made by a court when dealing with an offender.

Powers exercisable by registrar

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After section 36 of the Courts-Martial (Appeals) Act 1968 there shall be inserted the following section—

(36A) (1) The following powers of the Appeal Court under this Part of this Act, namely the power— (a) to extend the time within which notice of appeal or of application for leave to appeal may be given; and (b) to order a witness to attend for examination, may be exercised by the registrar in the same manner as they may be exercised by the Court and subject to the same restrictions. (2) If the registrar refuses an application on the part of an appellant to exercise in his favour any power specified in subsection (1) above, the appellant shall be entitled to have the application determined by any judge of the Appeal Court.

Appeals on behalf of deceased persons

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Immediately before section 49 of the Courts-Martial (Appeals) Act 1968 there shall be inserted the following section—

(48A) (1) Where a person has died— (a) any relevant appeal which might have been begun by him had he remained alive may be begun by a person approved by the Appeal Court; and (b) where any relevant appeal was begun by him while he was alive or is begun in relation to his case by virtue of paragraph (a) above, any further step which might have been taken by him in connection with the appeal if he were alive may be taken by a person so approved. (2) In this section “relevant appeal” means— (a) an appeal under section 8, 21 or 24 of this Act; or (b) an appeal under section 39 of this Act from any decision of the Appeal Court on an appeal under any of those sections. (3) Approval for the purposes of this section may only be given to— (a) the widow or widower of the dead person; (b) a personal representative of the dead person; or (c) any other person appearing to the Court of Appeal to have, by reason of a family or similar relationship with the dead person, a substantial financial or other interest in the determination of a relevant appeal relating to him. (4) An application for such approval may not be made after the end of the period of one year beginning with the date of death. (5) Where this section applies, any reference in this Act to the appellant shall, where appropriate, be construed as being or including a reference to the person approved under this section. (6) The power of the Appeal Court to approve a person under this section may be exercised by any judge of the Appeal Court in the same manner as by the Court and subject to the same provisions; but if the judge refuses the application, the applicant shall be entitled to have the application determined by the Appeal Court. (7) In subsection (3)(b) above “personal representative” means— (a) for England and Wales, a person who is a personal representative within the meaning of section 55(1)(xi) of the Administration of Estates Act 1925; (b) for Scotland, an executor confirmed to the estate of the dead person; or (c) for Northern Ireland, a person who is one of the personal representatives within the meaning of the Administration of Estates Act (Northern Ireland) 1955.

Redress of complaints

Services redress of complaints procedures

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Complaints to ...employment tribunals

Sex discrimination: Great Britain

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• (1) Section 85 of the Sex Discrimination Act 1975 (application of that Act to the Crown) shall be amended as set out in subsections (2) to (5) below.

• (2) In subsection (2), after paragraph (b) there shall be inserted—

or (c) service in the armed forces,

.

• (3) In subsection (4), for the words from “naval" to the end there shall be substituted the words “armed forces.”.

• (4) After subsection (9) there shall be inserted the following subsections—

(9A) This subsection applies to any complaint by a person (“the complainant") that another person— (a) has committed an act of discrimination against the complainant which is unlawful by virtue of section 6; or (b) is by virtue of section 41 or 42 to be treated as having committed such an act of discrimination against the complainant, if at the time when the act complained of was done the complainant was serving in the armed forces and the discrimination in question relates to his service in those forces. (9B) No complaint to which subsection (9A) applies shall be presented to an employment tribunal under section 63 unless— (a) the complainant has made a complaint to an officer under the service redress procedures applicable to him and has submitted that complaint to the Defence Council under those procedures; and (b) the Defence Council have made a determination with respect to the complaint. (9C) Regulations may make provision enabling a complaint to which subsection (9A) applies to be presented to an employment tribunal under section 63 in such circumstances as may be specified by the regulations, notwithstanding that subsection (9B) would otherwise preclude the presentation of the complaint to an employment tribunal. (9D) Where a complaint is presented to an employment tribunal under section 63 by virtue of regulations under subsection (9C), the service redress procedures may continue after the complaint is so presented. (9E) Regulations under subsection (9C) shall be made by the Secretary of State by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) For subsection (10) there shall be substituted the following subsection—

(10) In this section— - “armed forces” means any of the naval, military or air forces of the Crown; - “service for purposes of a Minister of the Crown or government department” does not include service in any office for the time being mentioned in Schedule 2 (Ministerial offices) to the House of Commons Disqualification Act 1975; - “the service redress procedures” means the procedures, excluding those which relate to the making of a report on a complaint to Her Majesty, referred to in section 180 of the Army Act 1955, section 180 of the Air Force Act 1955 and section 130 of the Naval Discipline Act 1957; and - “statutory body” means a body set up by or in pursuance of an enactment and “statutory office” means an office so set up.

• (6) In section 76(1) of the Sex Discrimination Act 1975 (period within which complaint under section 63 of that Act to be presented to an employment tribunal), for the words from “the period" to the end there shall be substituted the following words

— (a) the period of three months beginning when the act complained of was done; or (b) in a case to which section 85(9A) applies, the period of six months so beginning.

Sex discrimination: Northern Ireland

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• (1) Article 82 of the Sex Discrimination (Northern Ireland) Order 1976 (application of that Order to the Crown) shall be amended as set out in subsections (2) to (5) below.

• (2) In paragraph (2), after sub-paragraph (b) there shall be inserted—

or (c) service in the armed forces,

.

• (3) In paragraph (5), for the words from “naval" to the end there shall be substituted the words “armed forces”.

• (4) After paragraph (9) there shall be inserted the following paragraphs—