Armed Forces Act 2006

• (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).

Criminal Justice and Police Act 2001 (c. 16)

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).

International Criminal Court Act 2001 (c. 17)

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) ”.

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. ”

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— (a) the Court Martial; (b) the Service Civilian Court; (c) the Court Martial Appeal Court; or (d) the Supreme Court on an appeal brought from the Court Martial Appeal Court.

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) ”.

Armed Forces Act 2001 (c. 19)

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 ”.

• (4) In subsection (3)—

• (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 ”.

• (5) Omit subsection (4).

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

.

• (3) In subsection (2)—

• (a) in paragraph (a) for the words from “a court-martial” to the end substitute “ the Court 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);

.

194

• (1) Section 28 of that Act (provisions supplementary to sections 26 and 27) is amended as follows.

• (2) In subsection (1)—

• (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).

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 ”.

• (3) In subsection (2)—

• (a) in paragraph (a) for the words from “a court-martial” to the end substitute “ the 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. ”

• (4) In subsection (4)—

• (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 ”.

• (5) For subsections (5) and (6) substitute—

(5A) Where an order under this section creates an offence punishable with imprisonment, the maximum term it may authorise is two years.

Anti-terrorism, Crime and Security Act 2001 (c. 24)

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, ”.

Proceeds of Crime Act 2002 (c. 29)

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 ”.

Railways and Transport Safety Act 2003 (c. 20)

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) ”.

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) ”.

Extradition Act 2003 (c. 41)

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.

;

• (b) omit subsection (6).

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.

202

In section 71 of that Act (arrest warrant following extradition request)—

• (a) for subsection (6) substitute—

(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.

;

• (b) omit subsection (8).

203

In section 73 of that Act (provisional warrant)—

• (a) for subsection (7) substitute—

(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.

;

• (b) omit subsection (9).

204

In section 155 of that Act (service personnel) for the words from “military law” to the end substitute “ service law. ”

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.

Sexual Offences Act 2003 (c. 42)

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”.

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.

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) ”.

209

• (1) Section 133 (Part 2: general interpretation) is amended as follows.

• (2) In subsection (1)—

• (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 Forces Act 2006;

;

• (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),

.

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);

.

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.

212

• (1) Schedule 3 to that Act (sexual offences for purposes of Part 2) is amended as follows.

• (2) In paragraph 93—

• (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 corresponding offence under the law of England and Wales (within the meaning given by 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.

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 corresponding offence under the law of England and Wales (within the meaning given by 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.

Criminal Justice Act 2003 (c. 44)

214

• (1) Section 94 of the Criminal Justice Act 2003 (extension of section 31 of the Armed Forces Act 2001) is amended as follows.

• (2) For subsection (1) substitute—

(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 ”.

• (4) For subsection (3) substitute—

(3) In subsection (2) “service offence” has the same meaning as in the Armed Forces Act 2006.

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;

.

216

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

217

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

218

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

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.

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.

222

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

223

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

224

• (1) Section 252 of that Act (duty to comply with licence conditions) is renumbered as subsection (1) of that section.

• (2) After that subsection insert—

(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.

225

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

226

In section 263(1)(a) of that Act (concurrent terms), omit “by any court”.

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)) ”.

228

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

229

In section 272 of that Act (review of minimum term on a reference by the Attorney General), omit subsections (2) and (3).

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 ”.

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— (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;

.

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.

233

• (1) Section 337 of that Act (extent) is amended as follows.

• (2) In subsection (12)—

• (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 ”.

• (3) After that subsection insert—

(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.

• (4) In subsection (13)—

• (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 ”;

• (b) omit paragraph (b).

234

• (1) Schedule 6 to that Act (modifications for armed forces of provisions about evidence of bad character) is amended as follows.

• (2) In paragraph 3—

• (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— (a) the Court Martial; (b) the Summary Appeal Court; (c) the Service Civilian Court; or (d) the Court Martial Appeal Court.

235

• (1) Schedule 7 to that Act (modifications for armed forces of provisions about hearsay evidence) is amended as follows.

• (2) In paragraph 2—

• (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. ”

• (3) In paragraph 3—

• (a) in sub-paragraph (1) for “courts-martial” substitute “ the Court Martial ”;

• (b) in sub-paragraph (2)—

• (i) for “judge and jury” substitute “ a judge and jury ”;

• (ii) for “court-martial” substitute “ the Court Martial ”.

• (4) In paragraph 4—

• (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 ”.

• (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— (a) the Court Martial; (b) the Summary Appeal Court; (c) the Service Civilian Court; or (d) the Court Martial Appeal Court.

236

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Crime (International Co-operation) Act 2003 (c. 32)

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) ”.

Domestic Violence, Crime and Victims Act 2004 (c. 28)

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 ”.

• (4) For subsection (2) substitute—

(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.

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 ”.

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.

Human Tissue Act 2004 (c. 30)

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. ”

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. ”

Civil Partnership Act 2004 (c. 33)

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 ”.

Constitutional Reform Act 2005 (c. 4)

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) ”.

Gambling Act 2005 (c. 19)

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). ”

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.

SCHEDULE 17

First Group of Parts — Discipline

Part 1 — Offences

Assisting an enemy, misconduct on operations etc

Assisting an enemy

Mutiny

Desertion and absence without leave

Insubordination etc

Neglect of duty and misconduct

Property offences

Offences against service justice

Ships and aircraft

Attempts, encouragement and assistance , and aiding and abetting

Criminal conduct

Trial of section 42 offence of attempt

Part 2 — Jurisdiction and Time Limits

Chapter 1 — Jurisdiction

Court Martial

Search by service policeman upon arrest

Service Civilian Court

Commanding officers

Chapter 2 — Time Limits for Commencing Proceedings

Time limits for offences other than Reserve Forces Act offences

Time limit for Reserve Forces Act offences

Chapter 3 — Double Jeopardy

Part 3 — Powers of Arrest, Search and Entry

Chapter 1 — Arrest etc

Powers of arrest

Power of arrest for service offence

Power to make provision as to access to excluded material etc

Search on arrest

Further consequences of election for Court Martial trial

Chapter 2 — Stop and Search

Chapter 3 — Powers of Entry, Search and Seizure

Entry for purposes of obtaining evidence etc

Savings for maximum penalties for offences

Entry for purposes of arrest etc

Additional powers of entry, search and seizure

Chapter 4 — Supplementary

Part 4 — Custody

Chapter 1 — Custody without Charge

Making of, and appeals from, decisions of the SAC

Chapter 2 — Custody etc after Charge

Custody after charge

Arrest after charge

Chapter 3 — Custody Proceedings Rules

Part 5 — Investigation, Charging and Mode of Trial

Chapter 1 — Investigation

Duties of commanding officers

Constitution of the Court Martial

Duty of service policeman following investigation

Chapter 2 — Charging and Mode of Trial

Powers of charging etc

Powers of commanding officer or DSP after charge etc

Chapter 3 — Supplementary

Part 6 — Summary Hearing and Appeals and Review

Chapter 1 — Summary Hearing

Right to elect Court Martial trial

Provision supplementary to sections 166 and 168

Summary hearing

Punishments available to commanding officer

Periodic review etc of service community orders

Prohibited combinations of punishments

Chapter 2 — The Summary Appeal Court

Effect of substituted punishment

Chapter 3 — Review of Summary Findings and Punishments

Chapter 4 — Summary Hearings etc Rules

Part 7 — Trial by Court Martial

Chapter 1 — The Court Martial

Conditional or absolute discharge

Breach, revocation or amendment of overseas community order

Chapter 2 — Court Martial Proceedings

Chapter 3 — Punishments Available to Court Martial

Order with community requirements: disapplication of certain provisions

Chapter 4 — Findings of Unfitness to Stand Trial and Insanity

Remission for trial

Amendment of order with community requirements

Part 8 — Sentencing Powers and Mandatory etc Sentences

Chapter 1 — Definition etc of Certain Sentences

Service supervision and punishment orders

Periodic review etc of service community orders

Service compensation orders

Service community orders (civilians and dismissed servicemen only)

Mentally disordered offenders: requirement for medical report

Offences of threatening with a weapon in public or on school premises

Overseas community orders (civilians only)

Appeals where previous convictions set aside

Power to recommend licence conditions

Conditional or absolute discharge (civilians only)

Chapter 2 — Consecutive Sentences

Chapter 3 — Suspended Sentence of Service Detention

Chapter 4 — Imprisonment for Term of two years or less

...

Imprisonment with or without “custody plus” order

Effect of duties to pass custodial sentences on other powers of punishment

Civilian courts dealing with service offences

Exception to restrictions on community punishments

Suspended sentences of imprisonment

Cases where person has been detained for at least 10 years

Remission of certain sentences on passing of custodial sentence etc

Section 323: definitions

Reports by Commissioner on system for dealing with service complaints etc

Interpretation of Part

Armed forces covenant report

Supplementary

Chapter 5 — Young Offenders: Custodial Sentences Available to Service Courts

Prohibition on imposing imprisonment on persons under 18

Detention for certain serious offences

Detention and training orders

Chapter 6 — Mandatory etc Custodial Sentences for Certain Offences

Mandatory sentences

Required or discretionary sentences for particular offences

Chapter 7 — Court Orders Other Than Sentences

Service restraining orders

Order for parent or guardian to enter into recognizance

Part 9 — Sentencing: Principles and Procedures

Chapter 1 — Principles and Procedures applying to Service Courts and Summary Hearings

General sentencing principles

Service inquiries

Service detention and custodial sentences

Forfeiture of seniority and reduction in rank

Financial punishments

Reasons

Savings

Chapter 2 — Principles and Procedures applying to Service Courts Only

General

Custodial sentences and service detention

Compensation for miscarriages of justice

Dismissal

Financial punishments

Community punishments

Chapter 3 — Supplementary

Interpretation of Part

Part 10 — Court Martial Decisions: Appeals and Review

Chapter 1 — Appeals from Court Martial

Review of unduly lenient sentence by Court Martial Appeal Court

Chapter 2 — Review of Court Martial Sentence

Chapter 3 — Compensation for Miscarriages of Justice

Definitions etc for purposes of section 306

Part 11 — The Service Civilian Court

The Service Civilian Court: court and proceedings

Definitions relating to police forces

Punishments available to Service Civilian Court

Appeals from Service Civilian Court

SCC rules

Part 12 — Service and Effect of Certain Sentences

Commencement of sentence

Meaning of “commanding officer”

Effect of custodial sentence or detention on rank or rate

Effect of dismissal

Service of sentence

Definitions relating to the service police and other police forces

Supplementary

Part 13 — Discipline: Miscellaneous and Supplementary

Chapter 1 — Random Drug Testing

Definitions applying for purposes of whole Act

Duration of this Act

Chapter 2 — Contempt of Court

Chapter 3 — Arrest and Detention by Civil Authorities

Arrest for service offences

Arrest etc for desertion or absence without leave

Arrest of persons unlawfully at large

Supplementary

Chapter 4 — Powers of the Criminal Cases Review Commission

Chapter 5 — Supplementary

Financial penalty enforcement orders

Power to make provision in consequence of criminal justice enactments

Alignment of SDAs etc with this Act

Other supplementary provisions

Exclusion of enactments requiring consent of Attorney General or DPP

Second Group of Parts — Miscellaneous Matters

Part 14 — Enlistment, Terms of Service etc

Enlistment, terms of service etc

Terms and conditions of enlistment and service

Redress of individual grievances

Aiding or abetting etc desertion or absence without leave

Role of Service Complaints Commissioner

Restriction on aliens in regular forces etc

Restriction on aliens

Part 15 — Forfeitures and Deductions

Permitted forfeitures and deductions

Part 16 — Inquiries

Service inquiries

Part 17 — Miscellaneous

Offences relating to service matters punishable by civilian courts

Aiding or abetting etc malingering

Exemptions from certain civil matters

Powers of officers etc

Protection of children of service families

Miscellaneous

Third Group of Parts — General

Part 18 — Commanding Officer and Other Persons with Functions under Act

Officers

Meaning of “higher authority”

Court officials

Service Prosecuting Authority

...

Part 19 — Supplementary

Chapter 1 — Application of Act

Persons subject to service law

References to members of the regular forces

Civilians subject to service discipline

Naval chaplains

Chapter 2 — Other Supplementary Provisions

Chapter 3 — Interpretation

Chapter 4 — Final Provisions

Duration of SDAs and this Act

Hospital orders

Restriction orders

Remand orders

Interim hospital orders

General

Breach of requirement of order

Revocation of order

Amendment of order

Powers of civilian courts in relation to order following subsequent conviction

Re-sentencing powers

General

Breach of requirement of order

Revocation of order

Amendment of order

Powers in relation to order following subsequent conviction

Supplementary provisions relating to orders

Court Martial rules

Appeals

Unpaid work requirement

Exclusion requirement

Residence requirement

Mental health requirement

Drug rehabilitation requirement

Alcohol treatment requirement

Education requirement

Power to amend

Modifications of Part 2 of Schedule 12 to the 2003 Act

...

Meaning of “court”

Breach of community requirements

Conviction of further offence

Activation of suspended sentence: appeals etc

Court to sit in public

Unfitness to stand trial and insanity

Privilege of witnesses and others

Amendment of the Court Martial Appeals Act 1968

Amendments of the Criminal Appeal Act 1995

The relevant conditions

Order for person's detention in overseas service hospital

Effect of order under paragraph 2

Requirements as to recommendations under paragraph 2

Exercise of powers under paragraph 2 where person's commanding officer is absent etc

Power to review order under paragraph 2

Detention of resident patients in overseas service hospitals pending order under paragraph 2(3)

Urgent removal from service living accommodation to overseas service hospital

Urgent removal from other places to overseas service hospital

Use of force

Service custody

Definitions

Reserve Forces Act 1980 (c. 9)

Reserve Forces Act 1996 (c. 14)

Persons in one of Her Majesty's aircraft in flight

Persons in one of Her Majesty's ships afloat

Persons in service custody etc

Crown servants in designated area working in support of Her Majesty's forces

Persons working for specified military organisations

Persons in designated area who are members or employees of other specified organisations

Persons designated by or on behalf of Defence Council

Persons residing or staying with person subject to service law in designated area

Persons residing or staying with person falling within paragraph 4 or 6 in designated area

Persons residing or staying with person falling within paragraph 5

Exclusion

Definitions

Metropolitan Police Act 1860 (c. 135)

Naval and Marine Pay and Pensions Act 1865 (c. 73)

Naval Pensions Act 1884 (c. 44)

Foreign Marriage Act 1892 (c. 23)

Regimental Debts Act 1893 (c. 5)

Uniforms Act 1894 (c. 45)

Criminal Evidence Act 1898 (c. 36)

Air Force (Constitution) Act 1917 (c. 51)

Visiting Forces (British Commonwealth) Act 1933 (c. 6)

Defence (Armed Forces) Regulations 1939 (S.I. 1939/1304)

Courts-Martial (Appeals) Act 1951 (c. 46)

Prison Act 1952 (c. 52)

Visiting Forces Act 1952 (c. 67)

Army Act 1955 (3 & 4 Eliz. 2 c. 18)

Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)

Naval Discipline Act 1957 (c. 53)

Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58)

Public Records Act 1958 (c. 51)

Coroners Act (Northern Ireland) 1959 (c. 15)

Administration of Justice Act 1960 (c. 65)

Criminal Justice Act 1961 (c. 39)

Parliamentary Commissioner Act 1967 (c. 13)

Criminal Justice Act 1967 (c. 80)

Civil Evidence Act 1968 (c. 64)

Equal Pay Act 1970 (c. 41)

Equal Pay Act (Northern Ireland) 1970 (c. 32)

Civil Evidence Act (Northern Ireland) 1971 (c. 36)

Juries Act 1974 (c. 23)

Rehabilitation of Offenders Act 1974 (c. 53)

House of Commons Disqualification Act 1975 (c. 24)

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

Sex Discrimination Act 1975 (c. 65)

Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c. 14)

Bail Act 1976 (c. 63)

Race Relations Act 1976 (c. 74)

Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))

Judicature (Northern Ireland) Act 1978 (c. 23)

Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

Magistrates' Courts Act 1980 (c. 43)

Public Passenger Vehicles Act 1981 (c. 14)

Contempt of Court Act 1981 (c. 49)

Senior Courts Act 1981 (c. 54)

Criminal Justice Act 1982 (c. 48)

Representation of the People Act 1983 (c. 2)

Mental Health Act 1983 (c. 20)

Repatriation of Prisoners Act 1984 (c. 47)

Inheritance Tax Act 1984 (c. 51)

Police and Criminal Evidence Act 1984 (c. 60)

Prosecution of Offences Act 1985 (c. 23)

Housing Act 1985 (c. 68)

Debtors (Scotland) Act 1987 (c. 18)

Coroners Act 1988 (c. 13)

Criminal Justice Act 1988 (c. 33)

Road Traffic Act 1988 (c. 52)

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

Courts and Legal Services Act 1990 (c. 41)

Armed Forces Act 1991 (c. 62)

Local Government Finance Act 1992 (c. 14)

Sexual Offences (Amendment) Act 1992 (c. 34)

Criminal Justice and Public Order Act 1994 (c. 33)

Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)

Pensions Act 1995 (c. 26)

Criminal Procedure (Scotland) Act 1995 (c. 46)

Disability Discrimination Act 1995 (c. 50)

Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))

Employment Rights Act 1996 (c. 18)

Criminal Procedure and Investigations Act 1996 (c. 25)

Armed Forces Act 1996 (c. 46)

...

Social Security (Recovery of Benefits) Act 1997 (c. 27)

Crime (Sentences) Act 1997 (c. 43)

Police Act 1997 (c. 50)

Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6))

Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (S.I. 1997/1183 (N.I. 12))

Landmines Act 1998 (c. 33)

Crime and Disorder Act 1998 (c. 37)

Human Rights Act 1998 (c. 42)

Youth Justice and Criminal Evidence Act 1999 (c. 23)

Welfare Reform and Pensions Act 1999 (c. 30)

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

Regulation of Investigatory Powers Act 2000 (c. 23)

Freedom of Information Act 2000 (c. 36)

Criminal Justice and Court Services Act 2000 (c. 43)

Criminal Justice and Police Act 2001 (c. 16)

International Criminal Court Act 2001 (c. 17)

Armed Forces Act 2001 (c. 19)

Anti-terrorism, Crime and Security Act 2001 (c. 24)

Proceeds of Crime Act 2002 (c. 29)

Railways and Transport Safety Act 2003 (c. 20)

Extradition Act 2003 (c. 41)

Sexual Offences Act 2003 (c. 42)

Criminal Justice Act 2003 (c. 44)

Crime (International Co-operation) Act 2003 (c. 32)

Domestic Violence, Crime and Victims Act 2004 (c. 28)

Human Tissue Act 2004 (c. 30)

Civil Partnership Act 2004 (c. 33)

Constitutional Reform Act 2005 (c. 4)

Gambling Act 2005 (c. 19)

Editorial notes