Armed Forces Act 2006

[^key-8c9ab29574f38f0de7575bcd4b7db4b9]: Word in s. 340L(6) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 11(f)(iv); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

[^key-8a0e7776390adb27b61faf7454668bda]: Word in s. 340L(1)(a) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 12(d)(i); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

[^key-7ab107d34ad7cd0f5339486835f144b5]: Word in s. 340L(4) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 12(d)(iii); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

[^key-4243d22e976f4ba321d14add2a075448]: Word in s. 340M(1)(c) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 11(g); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

[^key-b233baca7a5eefe998f576c72a55c09c]: Words in s. 340M(1)(b) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 10(i); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

[^key-39c64780d633e8a2ddf3ca43ab15d296]: Words in s. 340N(1) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 10(j); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

[^key-2e7a66f21507c833bd4975b0f3d04f9c]: Word in s. 340N(1) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 11(h)(i); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

[^key-17872512345f762b96542afedb2ed1aa]: Word in s. 340N(2) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 11(h)(ii); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

[^key-e415132e0a49b0486a8d8cdbdd8c0980]: Word in s. 340N(4)(a) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 11(h)(iii); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

[^key-54378aa4bd317301904d73b09a7eaed7]: S. 340O(2A) inserted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), ss. 4(4)(b), 7(2); S.I. 2026/14, regs. 2, 4(c) (with reg. 5)

[^key-ce4eea3ae1fae8915f082f75f1d5a3fc]: Words in s. 340O(1) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 10(l); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

[^key-a5675e149e231f9d3ce1c9f0aaa87cc1]: Word in s. 340O(2)(b) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 11(i); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

[^key-6ee1c1a5812b143c722a71117fb169bc]: Word in s. 340O(2)(c) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 11(i); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

[^key-fa8c91dbd59340d060962526d8537ab3]: Word in s. 340O(3) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 11(i), (ii); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

[^key-32e5eaa734b2050c11d2a19daca6f710]: Word in s. 340O(6) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 11(i), (iii); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

[^key-48ce1b7bf71117fe371035914af7ff7b]: Word in s. 340O(2)(b) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 12(e)(i); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

[^key-93c17d1f88af73ee09df4ef3f86f3a87]: Word in s. 340O(6)(b) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 12(e)(ii); S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

[^key-e292a241fcfecd45f6f44218b670e009]: Words in s. 340O(3) substituted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 23; S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

[^key-bd02f8ae5b8f394077d4a0031850c446]: S. 373(3)(eba) inserted (1.4.2026) by Armed Forces Commissioner Act 2025 (c. 23), ss. 4(5), 7(2); S.I. 2026/14, regs. 2, 4(c) (with reg. 5)

[^key-2be2fc4f2d2625f78783c34300d6c655]: Words in s. 374 omitted (1.4.2026) by virtue of Armed Forces Commissioner Act 2025 (c. 23), s. 7(2), Sch. 2 para. 24; S.I. 2026/14, regs. 2, 4(e) (with reg. 5)

The Court Martial

Review of order with community requirements

Offenders aged under 18: certain violent or sexual offences

Appeals where previous convictions set aside

Mentally disordered offenders: requirement for medical report

Conversion of sentence of detention to sentence of imprisonment

Compensation for miscarriages of justice

Restriction on imposing custodial sentence or service detention on unrepresented offender

Miscarriages of justice: amount of compensation

Transfer to Scotland or Northern Ireland of order with community requirements

Interpretation of Part

Interpretation of Part

Exclusion of enactments requiring consent of Attorney General or DPP

Armed forces covenant report

276A

• (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) £1,300,000 in a case to which section 276B applies, and

• (b) £650,000 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.

276B

• (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.

• (6) In this section—

• “kept in service custody” means—kept in service custody under section 105(2) of the Armed Forces Act 2006, orkept 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—Part 3 of the Mental Health Act 1983, orthe 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.

Duration of sentences: persons unlawfully at large or on temporary release

Reports by Commissioner on system for dealing with service complaints etc

Definitions relating to police forces

Duration of this Act

Meaning of “commanding officer”

Persons subject to service law: regular and reserve forces

Alignment of SDAs etc with this Act

Misconduct on operations

20A

• (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.

• (5) A person guilty of an offence under this section 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.

Conspiring to commit criminal conduct

Seizure and retention after search upon arrest

CHAPTER 3A — Testing for alcohol and drugs in connection with a suspected offence or accident

Preliminary testing for alcohol and drugs

93A

• (A1) This section applies in the situations described in subsections (1) to (3C).

• (1) The first situation is where the commanding officer of a person subject to service law has reasonable cause to believe that that person—

• (a) is committing a safety-critical duty offence; or

• (b) has committed such an offence and still has alcohol or a drug in the body or is still under the influence of a drug.

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

• (3) The second situation is 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.

• (3A) The third situation is where the commanding officer of a person subject to service law or of a person who is a civilian subject to service discipline has reasonable cause to believe that—

• (a) there has been an accident involving an aircraft or a ship; and

• (b) at the time of the accident, the person was carrying out an aviation function in relation to the aircraft or a marine function in relation to the ship.

• (3B) The fourth situation is where the commanding officer of a person subject to service law or of a person who is a civilian subject to service discipline has reasonable cause to believe that—

• (a) there has been an accident involving an aircraft or a ship;

• (b) before the accident, the person carried out an aviation function in relation to the aircraft or a marine function in relation to the ship; and

• (c) it is possible that the carrying out of the function by the person may have caused or contributed to—

• (i) the occurrence of the accident;

• (ii) any death, injury to a person, damage to property or environmental harm resulting from the accident; or

• (iii) any risk of death or of such injury, damage or harm created by the accident.

• (3C) The fifth situation is where the commanding officer of a person subject to service law or of a person who is a civilian subject to service discipline has reasonable cause to believe that—

• (a) there has been an accident which resulted in or created a risk of—

• (i) death;

• (ii) serious injury to any person;

• (iii) serious damage to property; or

• (iv) serious environmental harm;

• (b) the person—

• (i) was carrying out a safety-critical function at the time of the accident; or

• (ii) carried out a safety-critical function before the accident; and

• (c) it is possible that the carrying out of the safety-critical function by the person may have caused or contributed to—

• (i) the occurrence of the accident;

• (ii) the death, injury, damage or harm; or

• (iii) the risk of death, injury, damage or harm.

• (4) Where this section applies, the commanding officer may require the person mentioned in subsection (1), (3), (3A), (3B) or (3C) (“the affected 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).

• (5) The Defence Council may by regulations provide for the delegation by a commanding officer 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.

• (7) A person guilty of an offence under this section 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.

• (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.

93B

• (1) In a situation described in section 93A(1) or (3), a preliminary breath test is a procedure administered by a service policeman under which—

• (a) the affected 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.

• (1A) In a situation described in section 93A(3A), (3B) or (3C), a preliminary breath test is a procedure administered by a service policeman under which—

• (a) the affected 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 of the proportion of alcohol in the person's breath or blood.

• (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(1)(a) or (3)(a) which the commanding officer has reasonable cause to believe has been committed.

93C

• (1) A preliminary impairment test is a procedure under which a service policeman—

• (a) observes the affected person performing tasks specified by the service policeman; and

• (b) makes such other observations of the affected person's physical state as the service policeman thinks expedient.

• (2) A preliminary impairment 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) 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—

• (a) the Provost Marshals of each of the service police forces, and

• (b) the Provost Marshal for serious crime.

• (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 or the Provost Marshal for serious crime.

• (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.

93D

• (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 affected 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—

• (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.

Provision of specimens for analysis

93E

• (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.

• (11) A person guilty of an offence under this section 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.

93F

• (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.

93G

• (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.

• (8) A person guilty of an offence under this section 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.

General provisions relating to testing

93H

• (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.

93I

• (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 preliminary breath test within the meaning of section 93B;a preliminary impairment test within the meaning of section 93C; ora 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) , 93AA(6)(a) or 93E(1) reasonably believes is such that performing the duty with ability impaired by alcohol or drugs would result in a risk of—death;serious injury to any person;serious damage to property; orserious 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.

Duty of CO with respect to investigation of service offences

Provost Marshal's duty in relation to independence of investigations

115A

• (1) Subsection (2) 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.

• (2A) The Provost Marshal for serious crime has a duty, owed to the Defence Council, to seek to ensure that all investigations carried out by the tri-service serious crime unit 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 or (as the case may be) the unit.

130A

• (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.

135A

• (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.

Provision supplementary to sections 166 and 168

Period of custody awaiting extradition: effect on term of detention and training order

Period of custody awaiting extradition: effect on term of detention and training order

194A

• (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.

Imprisonment with or without a custody plus order

Transfer to Scotland or Northern Ireland of order with community requirements

Pre-sentence reports: supplementary

Power to recommend licence conditions

Service sexual offences prevention orders etc

232A

• (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.

232B

• (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.

• (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.

232C

• (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).

232D

• (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.

232E

• (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.

• (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.

• (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).

232F

• (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.

232G

• (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.

• (2) The following are persons within this subsection—

• (a) a person subject to service law;

• (b) a civilian subject to service discipline.

• (3) A person guilty of an offence under this section 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 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.

Remission of certain sentences on passing of custodial sentence etc

270A

• (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 ... committed by the offender when aged 16 or over; or

• (b) passed on the offender on conviction by a civilian court in the British Islands of an offence so committed; ...

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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—

• (za) a criminal courts charge order (or an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge));

• (a) a service compensation order;

• (b) a compensation order under—

• (i) section 133 of the Sentencing Code (or section 130 of the Powers of Criminal Courts (Sentencing) Act 2000);

• (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 42 of the Sentencing Code (or section 161A of the 2003 Act) ;

• (d) an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.

• (e) a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015.

• (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.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 323: definitions

Evidential burden as respects excuses

Service inquiries

336A

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

Part 16A — Armed forces covenant report

343A

• (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.

343B

• (1) In section 343A this Part “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 Assembly Government.

• (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 persons as may be prescribed, and for the purposes of section 343A also includes 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;

• “relevant function”, in relation to a person or body specified in subsection (3) of section 343AA, 343AB, 343AC or 343AD, has the meaning given by subsection (2) of the same section;

• “relevant Northern Ireland department” means any Northern Ireland department the Secretary of State thinks appropriate;

• “service member” means a person who falls within any of paragraphs (a) to (c) of subsection (1).

• (4A) In subsection (4) “prescribed” means prescribed by regulations made by the Secretary of State under this subsection.

• (4B) Before making regulations under subsection (4A) the Secretary of State must consult—

• (a) the Welsh Ministers so far as the regulations contain provision that is within Welsh devolved competence,

• (b) the Scottish Ministers so far as the regulations contain provision that is within Scottish devolved competence,

• (c) the relevant Northern Ireland department so far as the regulations contain provision that is within Northern Ireland devolved competence, and

• (d) any other persons the Secretary of State considers appropriate.

• (4C) Subsections (8) to (10) of section 343AF apply for the purposes of subsection (4B) as they apply for the purposes of that section.

• (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).

Provost Marshals

365A

• (1) No appointment of a person to be Provost Marshal of a service police force , or to be Provost Marshal for serious crime, may be made except by Her Majesty.

• (2) To be eligible for appointment as a Provost Marshal, a person must be a provost officer.

Protected prisoners of war

371A

• (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).

SCHEDULE 3A

Part 1 — Relevant offences

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.

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).

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).

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.

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.

Part 2 — Sentencing powers etc

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.

7

• (1) This paragraph applies where—

• (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.

8

• (1) This paragraph applies where—

• (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.

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.

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).

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.

12

• (1) This paragraph applies where—

• (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 sub-paragraph (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.

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

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.

Part 3 — Interpretation

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