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Armed Forces Act 2006

Type Public General Act

Publication 2006-11-08

Last updated 2026-04-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(c) in the case of paragraph 7(2) or 9(4), any possibility that, if the charge or charges referred as mentioned in paragraph 4(c) had not been so referred, the commanding officer might have been granted extended powers for the purposes of any provision of Chapter 1 of Part 6 after the time when the referral in fact took place.

17

References in this Schedule to a charge substituted under section 125(2)(b) for another charge (“the original charge”) include—

(a) a charge substituted for a charge that was itself substituted for the original charge,

(b) a charge substituted for a charge within paragraph (a),

and so on.

Overseas community orders: modifications of 2003 Act

Life sentence for certain dangerous offenders aged under 18

Certain violent or sexual offences: offenders aged 18 or over

“The required opinion” for purposes of sections 219 to 221A

Suspended sentence: further conviction or breach of community requirement

218A

(1) This section applies where—

(a) a person aged 18 or over is convicted by the Court Martial of an offence under section 42 (criminal conduct);

(b) the corresponding offence under the law of England and Wales is an offence listed in Part 1 of Schedule 15 to the Sentencing Code;

(d) the sentence condition and the previous offence condition are met.

(1A) In subsection (1)(c), “relevant date”, in relation to an offence, means the date specified for the corresponding offence (as mentioned in subsection (1)(b)) in Part 1 of Schedule 15 to the Sentencing Code.

(1B) Where the offender is under 21 when convicted of the offence under section 42, section 273(3) of the Sentencing Code (duty of court to impose custody for life except in exceptional circumstances) applies in relation to the offender.

(2) Where the offender is 21 or over when convicted of the offence under section 42, section 283(3) of the Sentencing Code (duty of court to impose imprisonment for life except in exceptional circumstances) applies in relation to the offender.

(3) In sections 273(3)(a) and 283(3)(a) of that Code as applied by subsections (1B) and (2)—

(a) the reference to “the index offence” is to be read as a reference to the offence under section 42; and

(b) the reference to “the previous offence referred to in subsection (5)” is to be read as a reference to the previous offence referred to in subsection (5) of this section.

(4) The sentence condition is that, but for this section, the Court Martial would, in compliance with sections 260(2) and 261(2), impose a sentence of imprisonment for 10 years or more, or, in the case of an offender aged under 21 on conviction, a sentence of detention in a young offender institution for 10 years or more, disregarding any extension period imposed under section 266 or 279 of the Sentencing Code as applied by section 219A of this Act.

(5) The previous offence condition is that—

(a) at the time the offence under section 42 was committed, the offender had been convicted of an offence listed in Schedule 15 to the Sentencing Code (“the previous offence”); and

(b) a relevant life sentence or a relevant sentence of imprisonment or detention for a determinate period was imposed on the offender for the previous offence.

(5A) For the purposes of subsection (5), Schedule 15 is to be read as if Part 1 did not include any offence for which the date specified in that Part is after the date on which the offence under section 42 was committed.

(6) A sentence is relevant for the purposes of subsection (5)(b) if it would be relevant for the purposes of section 273(5)(b) of the Sentencing Code (see subsections (7) to (12) of that section) or section 283(5)(b) of that Code (see subsections (7) to (12) of that section).

(7) A sentence required to be imposed by section 273(3) or 283(3) of the Sentencing Code as a result of this section is not to be regarded as a sentence fixed by law.

(8) Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it must be taken for the purposes of subsections (1)(c) , (5)(a) and (5A) to have been committed on the last of those days.

219A

(1) This section applies where—

(a) a person aged 18 or over is convicted by the Court Martial of an offence under section 42 (criminal conduct) (whether the offence was committed before or after the commencement of this section);

(b) the corresponding offence under the law of England and Wales is a specified offence within the meaning of the Sentencing Code (see section 306 of that Code);

(d) the court is not required—

(i) by section 273(3) of the Sentencing Code (as applied by section 218A(1B) of this Act) to impose a sentence of custody for life;

(ii) by section 283(3) of the Sentencing Code (as applied by section 218A(2) of this Act) to impose a sentence of imprisonment for life;

(iii) by section 274(3) of the Sentencing Code (as applied by section 219(1A) of this Act) to impose a sentence of custody for life;

(iv) by section 285(3) of the Sentencing Code (as applied by section 219(2) of this Act) to impose a sentence of imprisonment for life; and

(e) condition A or B is met.

(2) Condition A is that, at the time the offence under section 42 was committed, the offender had been convicted of an offence listed in Schedule 14 to the Sentencing Code.

(3) Condition B is that, if the court were to impose an extended sentence of detention in a young offender institution or an extended sentence of imprisonment as a result of this section, the term that it would specify as the appropriate custodial term would be at least 4 years.

(4) Where the offender is under 21 when convicted of the offence under section 42, an extended sentence of detention in a young offender institution under section 266 of the Sentencing Code is available in respect of the offence.

(5) Subsections (2) to (5) of section 268 of the Sentencing Code apply where a court dealing with an offender for an offence imposes, or is considering whether to impose, an extended sentence of detention in a young offender institution under section 266 of the Sentencing Code by virtue of this section.

(6) In their application to an offender by virtue of subsection (5), subsections (2) to (5) of section 268 of the Sentencing Code are modified as follows—

(a) subsection (2) has effect as if, for “section 231(2)” there were substituted “ section 261(2) of the Armed Forces Act 2006 ”;

(b) subsection (3) has effect as if, after “offences” there were inserted “ or further acts or omissions that would be specified offences if committed in England and Wales ”;

(c) in subsection (4)(b), sub-paragraphs (i) and (ii) both have effect as if for “in the case of” there were substituted “ if the offence under section 42 was one for which the corresponding offence under the law of England and Wales was ”.

(7) Where the offender is 21 or over when convicted of the offence under section 42, an extended sentence of imprisonment under section 279 of the Sentencing Code is available in respect of the offence.

(8) Subsections (2) to (5) of section 281 of the Sentencing Code apply where a court dealing with an offender for an offence imposes, or is considering whether to impose, an extended sentence of imprisonment under section 279 of the Sentencing Code by virtue of this section.

(9) In their application to an offender by virtue of subsection (8), subsections (2) to (5) of section 281 of the Sentencing Code are modified as follows—

(a) subsection (2) has effect as if, for “section 231(2)” there were substituted “ section 261(2) of the Armed Forces Act 2006 ”;

(b) subsection (3) has effect as if, after “offences” there were inserted “ or further acts or omissions that would be specified offences if committed in England and Wales ”;

(c) in subsection (4)(b), sub-paragraphs (i) and (ii) both have effect as if for “in the case of” there were substituted “ if the offence under section 42 was one for which the corresponding offence under the law of England and Wales was ”.

221A

(1) This section applies where—

(a) a person aged under 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct) (whether the offence was committed before or after the commencement of this section);

(b) the corresponding offence under the law of England and Wales is a specified offence within the meaning of the Sentencing Code (see section 306 of that Code);

(d) the court is not required by section 258(2) of the Sentencing Code (as applied by section 221 of this Act) to impose a sentence of detention for life under section 209 of this Act; and

(e) if the court were to impose an extended sentence of detention ... as a result of this section, the term that it would specify as the appropriate custodial term would be at least 4 years.

(2) An extended sentence of detention under section 254 of the Sentencing Code is available in respect of the offence.

(3) Subsections (2) to (5) of section 256 of the Sentencing Code apply where a court is determining—

(a) the appropriate custodial term, and

(b) the extension period,

of an extended sentence of detention to be imposed on an offender under section 254 of the Sentencing Code by virtue of this section.

(4) In their application to an offender by virtue of subsection (3), subsections (2) to (5) of section 256 of the Sentencing Code are modified as follows—

(a) subsection (2) has effect as if, for “section 231(2)” there were substituted “ section 261(2) of the Armed Forces Act 2006 ”;

(b) subsection (3) has effect as if, after “offences” there were inserted “ or further acts or omissions that would be specified offences if committed in England and Wales ”;

(c) in subsection (4)(b), sub-paragraphs (i) and (ii) both have effect as if for “in the case of” there were substituted “ if the offence under section 42 was one for which the corresponding offence under the law of England and Wales was ”.

227A

(1) This section applies if—

(a) a person aged 18 or over is convicted by a court of an offence under section 42 (criminal conduct); and

(b) the corresponding offence under the law of England and Wales is an offence under section 1A of the Prevention of Crime Act 1953 or section 139AA of the Criminal Justice Act 1988 (threatening with article with blade or point or offensive weapon in public or on school premises).

(1A) Where the offender is aged under 21 at the time of conviction, the court must impose a sentence of detention in a young offender institution for a term of at least 6 months unless the court is of the opinion that there are exceptional circumstances which—

(a) relate to the offence or to the offender, and

(b) justify not doing so.

(2) Where the offender is aged 21 or over at the time of conviction, the court must impose a sentence of imprisonment for a term of at least 6 months unless the court is of the opinion that there are exceptional circumstances which—

(a) relate to the offence or to the offender, and

(b) justify not doing so.

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

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

Compensation for miscarriages of justice

Duration of this Act

Meaning of “commanding officer”

Multiple relevant offences

14A

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6A

Paragraph 8(2)(ba) of that Schedule has effect as if at the beginning there were inserted “where the court dealing with the offender is the Crown Court,”.

14

For the purposes of paragraphs 5(1)(c), 10 and 11, a territory that is not within a country is to be treated as a country.

269A

(1) Where the Court Martial imposes a fine on a person aged 18 or over, the court must make an order fixing a term of imprisonment which the person is to undergo if—

(a) any sum which the person is liable to pay is not duly paid or recovered; and

(b) an enforcement order is made.

(2) The Table in section 129(4) of the Sentencing Code (maximum periods of imprisonment for default), as for the time being in force, applies for the purpose of determining the maximum periods of imprisonment that may be fixed under this section for fines of the amounts set out in that Table.

(3) Where the person mentioned in subsection (1) is sentenced by the court to, or is serving or otherwise liable to serve, a term of—

(a) imprisonment,

(b) detention in a young offender institution, or

the court may order that any term of imprisonment fixed under subsection (1) shall not begin to run until after the end of that other term.

(4) For the purposes of references in subsection (3) to a term of imprisonment or detention which a person has been sentenced to or is serving or liable to serve, consecutive terms and terms which are wholly or partly concurrent are to be treated as a single term.

(5) References in subsection (3) to a term which a person is serving or liable to serve are to a term imposed—

(a) by a relevant service court; or

(b) by a civilian court in any part of the United Kingdom.

(6) In this section—

“enforcement order” means an order under regulations made under section 322 (orders for enforcement by prescribed courts of fines etc);

“relevant service court” means the Court Martial, the Service Civilian Court, the Court Martial Appeal Court or the Supreme Court on an appeal brought from the Court Martial Appeal Court.

269B

(1) This section applies where—

(a) the Court Martial makes a service compensation order and the person by whom the compensation is payable is aged 18 or over; and

(b) the court thinks that the usual default term is insufficient.

(2) In subsection (1) “the usual default term” means the period for which the person would be liable to be committed to prison for default if—

(a) an enforcement order were made; and

(b) by virtue of that order, the amount payable under the service compensation order were treated as if it had been a fine imposed on a conviction by a magistrates' court in England and Wales.

(3) Where this section applies, the court may specify a longer period as the maximum term to which the person is liable to be committed to prison for default if an enforcement order is made.

(4) The Table in section 129(4) of the Sentencing Code (maximum periods of imprisonment for default), as for the time being in force, applies for the purpose of determining the maximum periods of imprisonment that may be specified under this section for service compensation orders of the amounts set out in that Table.

(5) In this section “enforcement order” has the same meaning as in section 269A.

269C

(1) This section applies where—

(a) the Court Martial makes an order under section 268 in respect of a fine or service compensation order (fine or compensation to be paid by service parent or service guardian); and

(b) the court also makes an order under section 269A or 269B (“a default term order”) in respect of the parent or guardian (“P”).

(2) For the purposes of the Court Martial Appeals Act 1968—

(a) the default term order is to be treated as a sentence passed on P for the offence in respect of which the fine or service compensation order was imposed; and

(b) P is to be treated, for the purpose of enabling P to appeal against the default term order, as if P had been convicted of the offence by the Court Martial.

(3) For the purposes of any appeal against the default term order, references in section 16A of the Court Martial Appeals Act 1968 to passing a sentence include making an order.

(4) On an appeal against the default term order, the Court Martial Appeal Court may (as an alternative to exercising its powers under section 16A(2) of that Act) quash the order; but this is subject to subsection (5).

(5) If the default term order was made under section 269A, the power under subsection (4) may only be exercised if the court also quashes the order under section 268.

Meaning of “higher authority”

Sentencing powers: single relevant offence

Conditional or absolute discharge

Chapter 4A — Inspection of service police investigations

321A

(1) Her Majesty's Inspectors of Constabulary (“the inspectors”) are to inspect, and report to the Secretary of State on, the independence and effectiveness of investigations carried out by each service police force.

(2) In this section “investigations” means investigations of matters where service offences have or may have been committed, and includes investigations outside the United Kingdom.

(3) For the purposes of subsection (1) the inspectors may—

(a) undertake such number of inspections as they think appropriate;

(b) undertake inspections when they think it appropriate; and

(c) decide which aspects of, or matters related to, investigations by a service police force are to be the subject of a particular inspection;

but this is subject to subsection (4).

(4) The Secretary of State may at any time require the inspectors to inspect, and report to the Secretary of State on, any or all of the following—

(a) the independence of investigations carried out by a particular service police force;

(b) the effectiveness of such investigations;

(5) For the purposes of this section the tri-service serious crime unit is to be regarded as a service police force.

321B

(1) The Secretary of State must lay before Parliament each report made under section 321A.

(2) The Secretary of State may exclude from a report laid before Parliament under this section any material whose publication, in the Secretary of State's opinion—

(a) would be against the interests of national security; or

(b) might jeopardise the safety of any person.

Power to make provision in consequence of criminal justice enactments

Definitions relating to police forces

2A

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12A

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12B

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4A

Paragraph 5A(1) of Schedule 12 to the 2003 Act (role of enforcement officer) has effect in relation to a suspended sentence order with community requirements made by a relevant service court as if the reference to a justice of the peace were to the Crown Court.

163A

Schedule 2A makes provision about offences relating to members of the Court Martial and their deliberations.

224A

(1) This section applies where—

(a) a person is convicted by the Court Martial of an offence under section 42 (criminal conduct) (whether the offence was committed before or after this section comes into force),

(b) the corresponding offence under the law of England and Wales is an offence listed in Schedule 13 to the Sentencing Code,

(d) the court does not impose one of the following for the offence—

(i) a sentence of imprisonment or custody for life, or

(ii) an extended sentence of detention or imprisonment under section 266 or 279 of the Sentencing Code (as applied by section 219A of this Act).

(2) If—

(a) the court imposes a sentence of detention in a young offender institution for the offence, and

(b) the offender is aged under 21 when convicted of the offence,

subsections (2) and (3) of section 265 of the Sentencing Code (term of special sentence) apply in relation to the term of the sentence.

(2A) If—

(a) the court imposes a sentence of imprisonment for the offence, and

(b) the offender is aged 21 or over when convicted of the offence,

subsections (2) and (3) of section 278 of the Sentencing Code (term of special sentence) apply in relation to the term of the sentence.

(3) The references in subsections (1)(d) , (2) and (2A) to a sentence imposed for the offence include a sentence imposed for the offence and one or more offences associated with it.

(4) In Schedule 13 to the Sentencing Code, as applied by subsection (1)(b), the reference in paragraph 10 to section 69 of that Code is to be read as a reference to that section as applied by section 238(6) of this Act.

9A

An offence under section 5A of that Act (driving a vehicle with concentration of specified controlled drug above specified limit).

14

An offence under paragraph 4 of Schedule 2A (lay member of the Court Martial engaging in prohibited conduct).

15

An offence under paragraph 5 of Schedule 2A (disclosing information about the deliberations of members of the Court Martial) committed by a person described in sub-paragraph (2) of that paragraph.

SCHEDULE 2A

Interpretation

1

(1) In this Schedule, “lay member” means a member of the Court Martial other than a judge advocate.

(2) References in this Schedule to a member, or lay member, of the Court Martial are to any member, or lay member, whether or not the person is a person subject to service law or a civilian subject to service discipline.

(3) In this Schedule, “the trial period”, in relation to a person specified as a lay member of the Court Martial for proceedings, is the period—

(a) beginning when the person is sworn to try the case, and

(b) ending when the proceedings terminate or, if earlier, when the lay member is discharged by the judge advocate.

Research by lay members

2

(1) It is an offence for a lay member of the Court Martial for proceedings to research the case that is the subject of the proceedings during the trial period, subject to the exceptions in sub-paragraphs (5) and (6).

(2) A person researches a case if (and only if) the person—

(a) intentionally seeks information, and

(b) when doing so, knows or ought reasonably to know that the information is or may be relevant to the case.

(3) The ways in which a person may seek information include—

(a) asking a question,

(b) searching an electronic database, including by means of the internet,

(d) conducting an experiment, and

(e) asking another person to seek the information.

(4) Information relevant to the case includes information about—

(a) a person involved in events relevant to the case,

(b) the judge advocate for the proceedings,

(d) the law relating to the case,

(e) the law of evidence, and

(f) Court Martial procedure.

(5) It is not an offence under this paragraph for a person to seek information if the person needs the information for a reason which is not connected with the case.

(6) It is not an offence under this paragraph for a person—

(a) to attend the proceedings in question;

(b) to seek information from the judge advocate for the proceedings;

(d) to do anything which the Judge Advocate General directs or authorises the person to do;

(e) to do anything which the judge advocate dealing with the issue directs or authorises the person to do;

(f) to seek information from another lay member of the Court Martial for the proceedings, unless the person knows or ought reasonably to know that the other lay member contravened this paragraph in the process of obtaining the information;

(g) to do anything else which is reasonably necessary in order for the Court Martial to make a finding on a charge or pass a sentence.

(7) A person guilty of an offence under this paragraph is liable to any punishment mentioned in the Table in section 164, but a sentence of imprisonment imposed in respect of the offence must not exceed two years.

3

(1) It is an offence for a lay member of the Court Martial for proceedings intentionally to disclose information to another lay member of that court for the proceedings during the trial period if—

(a) the lay member contravened paragraph 2 in the process of obtaining the information, and

(b) the information has not been provided to the Court Martial during the course of the proceedings.

(2) Information has been provided to the Court Martial during the course of the proceedings if (and only if) it has been provided as part of—

(a) evidence presented in the proceedings,

(b) information provided to a lay member or the lay members during the trial period by the court administration officer or a member of the Military Court Service, or

(c) other information provided to a lay member or the lay members during the trial period by, or with the permission of, the judge advocate dealing with the issue.

(3) A person guilty of an offence under this paragraph is liable to any punishment mentioned in the Table in section 164, but a sentence of imprisonment imposed in respect of the offence must not exceed two years.

Engaging in other prohibited conduct

4

(1) It is an offence for a lay member of the Court Martial for proceedings intentionally to engage in prohibited conduct during the trial period, subject to the exceptions in sub-paragraphs (4) and (5).

(2) “Prohibited conduct” means conduct from which it may reasonably be concluded that the person intends to make a finding on a charge or a decision about a sentence otherwise than on the basis of the evidence presented in the proceedings.

(3) An offence under this paragraph is committed whether or not the person knows that the conduct is prohibited conduct.

(4) It is not an offence under this paragraph for a person to research the case that is the subject of the proceedings (as defined in paragraph 2(2) to (4)).

(5) It is not an offence under this paragraph for a person to disclose information to another lay member of the Court Martial.

(6) A person guilty of an offence under this paragraph is liable to any punishment mentioned in the Table in section 164, but a sentence of imprisonment imposed in respect of the offence must not exceed two years.

Disclosing information about members' deliberations etc

5

(1) It is an offence for a person intentionally—

(a) to disclose information about statements made, opinions expressed, arguments advanced or votes cast by members of the Court Martial for proceedings in the course of their deliberations, or

(b) to solicit or obtain such information,

subject to the exceptions in paragraphs 6 to 8.

(2) Where a person guilty of an offence under this paragraph—

(a) was a member of the Court Martial for the proceedings, or

(b) at the time the offence was committed, was a person subject to service law or a civilian subject to service discipline,

the person is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.

(3) Where any other person is guilty of an offence under this paragraph—

(a) the person is liable, on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both), and

(b) proceedings for the offence may not be instituted except by or with the consent of the Attorney General.

(4) The Crown Court has jurisdiction to try an offence under this paragraph committed in England and Wales other than by a person described in sub-paragraph (2), including an offence committed in respect of deliberations of members of the Court Martial sitting outside England and Wales.

Disclosing information about members' deliberations etc: initial exceptions

6

(1) It is not an offence under paragraph 5 for a person to disclose information in the proceedings mentioned in paragraph 5(1)—

(a) for the purposes of enabling the Court Martial to make a finding on a charge or pass a sentence, or

(b) in connection with the delivery of the findings or sentence.

(2) It is not an offence under paragraph 5 for the judge advocate for those proceedings to disclose information—

(a) for the purposes of dealing with the proceedings, or

(b) for the purposes of an investigation by a relevant investigator into whether an offence or contempt of court has been committed by or in relation to a lay member in the proceedings mentioned in paragraph 5(1).

(3) It is not an offence under paragraph 5 for a person who reasonably believes that a disclosure described in sub-paragraph (2)(b) has been made to disclose information for the purposes of the investigation.

(4) It is not an offence under paragraph 5 to publish information disclosed as described in sub-paragraph (1) or (2)(a) in the proceedings mentioned in paragraph 5(1).

(5) In this paragraph—

“publish” means make available to the public or a section of the public;

“relevant investigator” means—a police force listed in section 375;the Attorney General;any other person or class of person specified by the Lord Chancellor for the purposes of this paragraph by regulations.

(6) The Lord Chancellor must obtain the consent of the Lord Chief Justice of England and Wales before making regulations under this paragraph.

Disclosing information about members' deliberations etc: further exceptions

7

(1) It is not an offence under paragraph 5 for a person to disclose information to a person listed in sub-paragraph (2) if—

(a) the disclosure is made after the proceedings mentioned in paragraph 5(1) terminate, and

(b) the person making the disclosure reasonably believes that—

(i) an offence or contempt of court has been, or may have been, committed by or in relation to a lay member in connection with those proceedings, or

(ii) conduct of a lay member in connection with those proceedings may provide grounds for an appeal against conviction or sentence.

(2) Those persons are—

(a) a member of a police force listed in section 375;

(b) a judge of the Court of Appeal;

(d) the registrar of criminal appeals;

(e) the judge advocate who dealt with the proceedings mentioned in paragraph 5(1);

(f) the court administration officer for the Court Martial;

(g) a member of the Military Court Service who would reasonably be expected to disclose the information only to a person mentioned in paragraphs (b) to (f).

(3) It is not an offence under paragraph 5 for a member of a police force listed in section 375 to disclose information for the purposes of obtaining assistance in deciding whether to submit the information to—

(a) a judge of the Court of Appeal,

(b) a judge of the Court Martial Appeal Court, or

provided that the disclosure does not involve publishing the information.

(4) It is not an offence under paragraph 5 for a judge of the Court of Appeal, a judge of the Court Martial Appeal Court or the registrar of criminal appeals to disclose information for the purposes of an investigation by a relevant investigator into—

(a) whether an offence or contempt of court has been committed by or in relation to a lay member in connection with the proceedings mentioned in paragraph 5(1), or

(b) whether conduct of a lay member in connection with those proceedings may provide grounds for an appeal against conviction or sentence.

(5) It is not an offence under paragraph 5 for a judge of the Court of Appeal, a judge of the Court Martial Appeal Court or the registrar of criminal appeals to disclose information for the purposes of enabling or assisting—

(a) a person who was the defendant in the proceedings mentioned in paragraph 5(1), or

(b) a legal representative of such a person,

to consider whether conduct of a lay member in connection with those proceedings may provide grounds for an appeal against conviction or sentence.

(6) It is not an offence under paragraph 5 for a person who reasonably believes that a disclosure described in sub-paragraph (4) or (5) has been made to disclose information for the purposes of the investigation or consideration in question.

(7) It is not an offence under paragraph 5 for a person to disclose information in evidence in—

(a) proceedings for an offence or contempt of court alleged to have been committed by or in relation to a lay member in connection with the proceedings mentioned in paragraph 5(1),

(b) proceedings on an appeal, or an application for leave to appeal, against a decision in the proceedings mentioned in paragraph 5(1) where an allegation relating to conduct of or in relation to a lay member forms part of the grounds of appeal, or

(8) It is not an offence under paragraph 5 for a person to disclose information in the course of taking reasonable steps to prepare for proceedings described in sub-paragraph (7)(a) to (c).

(9) It is not an offence under paragraph 5 to publish information disclosed as described in sub-paragraph (7).

(10) In this paragraph—

“publish” means make available to the public or a section of the public;

“relevant investigator” means—a police force listed in section 375;the Attorney General;the Criminal Cases Review Commission;the Crown Prosecution Service;the Service Prosecuting Authority;any other person or class of person specified by the Lord Chancellor for the purposes of this paragraph by regulations.

(11) The Lord Chancellor must obtain the consent of the Lord Chief Justice of England and Wales before making regulations under this paragraph.

Disclosing information about members' deliberations: exceptions for soliciting disclosures or obtaining information

8

(1) It is not an offence under paragraph 5 to solicit a disclosure described in paragraph 6(1) to (4) or paragraph 7(1) to (9).

(2) It is not an offence under paragraph 5 to obtain information—

(a) by means of a disclosure described in paragraph 6(1) to (4) or paragraph 7(1) to (9), or

(b) from a document that is available to the public or a section of the public.

Saving for contempt of court

9

Nothing in paragraph 2, 3 or 4 affects what constitutes contempt of court at common law or what may be certified under section 311.

Part 14A — Addressing service complaints and general service welfare matters

Service complaints

340A

(1) If a person subject to service law thinks himself or herself wronged in any matter relating to his or her service, the person may make a complaint about the matter.

(2) If a person who has ceased to be subject to service law thinks himself or herself wronged in any matter relating to his or her service which occurred while he or she was so subject, the person may make a complaint about the matter.

(3) In this Part, “service complaint” means a complaint made under subsection (1) or (2).

(4) A person may not make a service complaint about a matter of a description specified in regulations made by the Secretary of State.

340B

(1) The Defence Council may make regulations (referred to in this Part as “service complaints regulations”) about the procedure for making and dealing with a service complaint.

(2) Service complaints regulations must make provision—

(a) for a service complaint to be made to an officer of a specified description;

(b) about the way in which a service complaint is to be made (including about the information to be provided by the complainant);

“Specified” means specified in the regulations.

(3) The period referred to in subsection (2)(c) must be at least three months beginning with the day on which the matter complained of occurred.

(4) Service complaints regulations must make provision—

(a) for the officer to whom a service complaint is made to decide whether the complaint is admissible and to notify the complainant of that decision;

(b) for the Armed Forces Commissioner, on an application by the complainant, to review a decision by the officer to whom a service complaint is made that the complaint is not admissible;

(c) for securing that the Commissioner’s decision in relation to admissibility, on such a review, is binding on the complainant and the officer to whom the complaint was made.

(5) For the purposes of subsection (4), a service complaint is not admissible if—

(a) the complaint is about a matter of a description specified in regulations made under section 340A(4),

(b) the complaint is made after the end of the period referred to in subsection (2)(c) and the case is not one in which circumstances referred to in that provision apply, or

(6) Nothing in this Part with respect to the provision that must or may be made by service complaints regulations is to be taken as limiting the generality of subsection (1).

Decisions and appeals

340C

(1) Service complaints regulations must provide for the Defence Council to decide, in the case of a service complaint that is found to be admissible, whether the complaint is to be dealt with—

(a) by a person or panel of persons appointed by the Council, or

(b) by the Council themselves.

(2) The regulations must provide for the person or panel appointed to deal with the complaint or (in a subsection (1)(b) case) the Defence Council—

(a) to decide whether the complaint is well-founded, and

(b) if the decision is that the complaint is well-founded—

(i) to decide what redress (if any), within the authority of (as the case may be) the person, the persons on the panel or the Defence Council would be appropriate, and

(ii) to grant any such redress.

(3) The Defence Council must not appoint a person or panel to deal with a service complaint unless—

(a) the person is, or all the persons on the panel are, authorised by the Council to decide the matters mentioned in subsection (2) and to grant appropriate redress, or

(b) the Council propose to authorise that person or those persons for those purposes.

(4) Provision made by virtue of subsection (1) is subject to regulations made under section 340E(1) (eligibility for appointment, requirements relating to independent decision-making, etc).

340D

(1) Service complaints regulations must make provision enabling the complainant in relation to a service complaint to appeal to the Defence Council against a decision on the complaint, where the decision was taken by a person or panel appointed by virtue of section 340C(1)(a).

(2) The regulations may make provision—

(a) about the way in which an appeal is to be brought (including about the information to be provided by the complainant);

(aa) restricting the grounds on which an appeal against a decision on a complaint (or on a complaint of a description specified in the regulations) may be brought;

(b) that an appeal may not be brought, except in circumstances specified in the regulations, after the end of the period so specified;

(c) requiring the Defence Council to decide any question relating to whether an appeal has been brought before the end of the period referred to in paragraph (b) or (if not) whether circumstances referred to in that paragraph apply;

(ca) requiring the Defence Council to decide any question relating to whether an appeal has been brought on valid grounds;

(d) requiring the Defence Council to decide whether an appeal is to be determined—

(i) by a person or panel of persons appointed by the Council, or

(ii) by the Council themselves.

(3) The period referred to in subsection (2)(b) must be at least two weeks beginning with the day on which the complainant received notification of the decision appealed against.

(4) The Defence Council must not appoint a person or panel to determine an appeal unless—

(a) the person is, or all the persons on the panel are, authorised by the Council to determine the appeal and to grant appropriate redress, or

(b) the Council propose to authorise that person or those persons for those purposes.

(5) Provision made by virtue of subsection (2)(d) is subject to regulations made under section 340E(1) (eligibility for appointment, requirements relating to independent decision-making, etc).

(6) Service complaints regulations must make provision—

(a) for the Armed Forces Commissioner, on an application by the complainant, to review a decision by the Defence Council that an appeal cannot be proceeded with because—

(i) it was not brought before the end of the period referred to in subsection (2)(b), and

(ii) the case is not one in which circumstances referred to in that provision apply;

(aa) for the Armed Forces Commissioner, on an application by the complainant, to review a decision by the Defence Council that an appeal cannot be proceeded with because it was not brought on a valid ground;

(b) for securing that the decision of the Commissioner, on a review such as is mentioned in paragraph (a) or (aa), is binding on the complainant and the Defence Council.

340E

(1) The Secretary of State may by regulations—

(a) provide that persons of a specified description may not be appointed by virtue of section 340C(1)(a) or 340D(2)(d) (whether or not as part of a panel);

(b) require the Defence Council, in relation to any service complaint of a specified description, to act by virtue of section 340C(1)(a) or 340D(2)(d) so as to appoint—

(i) a person who is independent, or of a specified description, or both;

(ii) a panel that satisfies one or more of the requirements listed in subsection (2).

(2) Those requirements are—

(a) all of the members of the panel must be independent;

(b) the panel must include at least a specified number or proportion of independent members;

(3) Where a requirement within subsection (2)(b) has effect, the regulations may also require specified functions of the panel to be exercised by the independent members of the panel.

(4) For the purposes of this section, a person (including a member of a panel) is independent if the person—

(a) is not a member of the regular or reserve forces or employed in the civil service of the State, and

(b) is included in a list maintained for the purposes of this section by the Secretary of State.

(5) In this section, “specified” means specified in the regulations.

Investigation, delegation and time limits

340F

(1) The Defence Council may authorise a person to investigate a particular service complaint—

(a) on the Council's behalf, or

(b) on behalf of a person or panel of persons appointed to deal with a service complaint or to determine an appeal relating to a service complaint.

(2) Service complaints regulations may authorise the Defence Council to delegate to any person, to such extent and subject to such conditions as the Council consider appropriate, any of the Council's functions under the preceding provisions of this Part.

(3) Subsection (2) does not apply to—

(a) the Defence Council's function of making service complaints regulations,

(b) the Council's function of dealing with a service complaint or determining an appeal, or

(c) any function of the Council by virtue of section 340C(3)(b) or 340D(4)(b) in connection with authorising a person to make decisions or determinations and to grant redress.

(4) Subsection (2) does not affect the application of section 1(5) or (7) of the Defence (Transfer of Functions) Act 1964 (discharge by Service Boards of Defence Council functions) in relation to the Defence Council's functions under the preceding provisions of this Part.

340G

(1) Service complaints regulations may—

(a) impose time limits for taking any step (in addition to any time limit for which this Part provides);

(b) specify circumstances in which a time limit does not apply;

(2) The provision that may be made by virtue of subsection (1)(c) in relation to a particular time limit includes provision authorising a person specified in the regulations to decide that a service complaint, or an appeal against a decision on a service complaint, cannot be proceeded with because of a failure to take a step within that time limit.

(3) Where service complaints regulations make provision referred to in subsection (2), the regulations may also make provision—

(a) for the Armed Forces Commissioner, on an application by the complainant, to review a decision that a service complaint or an appeal cannot be proceeded with because of the failure to take the step within the time limit;

(b) for securing that the Commissioner’s decision on such a review is binding on the complainant and the person who made the decision to which the review relates.

Investigations by Armed Forces Commissioner of service complaints

340H

(1) The Armed Forces Commissioner may, on an application to the Commissioner by a person within subsection (2), investigate—

(a) a service complaint, where the Commissioner is satisfied that the complaint has been finally determined;

(b) an allegation of maladministration in connection with the handling of a service complaint (including an allegation of undue delay), where the Commissioner is satisfied that the complaint has been finally determined;

(d) an allegation of undue delay in the handling of a relevant service matter.

(2) The following persons are within this subsection—

(a) in a case relating to a service complaint, the complainant;

(b) in a case relating to a matter in respect of which a service complaint has not been made, the person who raised the matter,

and, in relation to a case mentioned in paragraph (b), references in the remainder of this Part to the complainant and to a service complaint are to be read respectively as references to the person and the matter mentioned in that paragraph.

(3) For the purposes of subsection (1)(d)—

(a) “relevant service matter” means a matter of a kind about which a service complaint—

(i) may be made, whether or not at the time of the application to the Commissioner such a complaint has been made, or

(ii) could have been made (but for provision made by virtue of section 340B(2)(c));

(b) the reference to the handling of a matter is to its handling before the making of a service complaint (if any) about the matter.

(4) An application to the Commissioner—

(a) must be made in writing,

(b) must specify the kind (or kinds) of investigation which the complainant wishes the Commissioner to carry out (an investigation under a particular paragraph of subsection (1) being a “kind” of investigation for this purpose), and

(5) For the purposes of this section, a service complaint has been finally determined where—

(a) a decision has been made, in accordance with service complaints regulations made by virtue of section 340C, on the complaint or the complaint to which the allegation of maladministration relates, and

(b) if the decision is one in respect of which service complaints regulations made by virtue of section 340D enable an appeal to be made, an appeal against the decision has been made and determined.

(5A) A decision on a service complaint is not to be taken to fall within subsection (5)(b) if the complainant does not have grounds (of which the complainant is aware) on which the complainant is entitled to bring an appeal against the decision.

(6) The purpose of an investigation is—

(a) in the case of an investigation under subsection (1)(a), to decide whether the complaint is well-founded and, if so, to consider what redress (if any) would be appropriate;

(b) in the case of an investigation under subsection (1)(b), (c) or (d), to decide—

(i) whether the allegation is well-founded, and

(ii) if so, whether the maladministration or undue delay to which the allegation relates has or could have resulted in injustice being sustained by the complainant.

(7) The power to carry out an investigation under subsection (1)(a) or (b) includes power to investigate any maladministration in connection with the handling of the service complaint where it becomes apparent to the Commissioner during the course of an investigation that any such maladministration may have occurred.

(8) The Secretary of State may by regulations provide that an application in respect of a service complaint that has been finally determined may not be made to the Commissioner, except in circumstances specified in the regulations, after the end of the period specified in the regulations.

(9) The period referred to in subsection (8) must be at least two weeks beginning with the relevant date (see subsection (9A)).

(9A) For the purposes of subsection (9) “the relevant date” in relation to a service complaint that has been finally determined is—

(a) where the service complaint falls within subsection (5)(b), the date on which the complainant is notified of the determination of the appeal;

(b) where the decision on the service complaint does not fall within subsection (5)(b)—

(i) if the conditions in subsection (9B) are met, the date of the final invalidity decision;

(ii) otherwise, the date of the decision on the service complaint.

(9B) The conditions mentioned in subsection (9A)(b)(i) are that—

(a) the complainant brings an appeal against the decision on the service complaint;

(b) the Defence Council decides that the appeal cannot be proceeded with because (and only because) it was not brought on a valid ground;

(c) on any review of that decision of the Defence Council in accordance with regulations made by virtue of section 340D(6)(aa), the decision is upheld.

(9C) In subsection (9A)(b) “the date of the final invalidity decision” means—

(a) if the complainant does not apply for a review by the Armed Forces Commissioner of the decision mentioned in subsection (9B)(b), the date on which the Defence Council notifies the complainant of that decision;

(b) if the complainant does apply for such a review, the date on which the Armed Forces Commissioner notifies the complainant that the appeal cannot be proceeded with because it was not brought on a valid ground.

(10) It is for the Commissioner to determine whether an application has been made in accordance with this section.

(11) Where the Commissioner has carried out an investigation under subsection (1)(a) or (b) in relation to a service complaint, the Commissioner may not investigate a subsequent application relating to the same complaint except in circumstances specified in regulations made by the Secretary of State.

340I

(1) It is for the Armed Forces Commissioner to determine—

(a) whether to begin, continue or discontinue an investigation under section 340H;

(b) whether to investigate a service complaint, or an allegation, as a whole or only in particular respects.

(2) The Secretary of State may make regulations about the procedure to be followed in an investigation under section 340H.

(3) Subject to subsection (2), the procedure for carrying out an investigation under section 340H is to be such as the Commissioner considers appropriate in the circumstances.

(4) In particular, the Commissioner may make such inquiries as the Commissioner considers appropriate.

(5) The Secretary of State may by regulations—

(a) impose time limits for the taking by the Commissioner or the complainant of any step specified in the regulations;

(b) specify circumstances in which a time limit does not apply.

(6) Where—

(a) the Commissioner carries out an investigation under section 340H(1)(b) in connection with the handling of a service complaint, and

(b) before the complaint was made, the matter to which it relates was considered in accordance with a process for dealing with matters of that kind,

the Commissioner may for the purposes of the investigation consider any alleged maladministration in connection with that process.

340J

(1) The Armed Forces Commissioner may, for the purposes of an investigation under section 340H or 340IA, require a person to provide—

(a) documents in the person's possession or control, or

(b) other information in the person's possession or control.

(2) The Commissioner has the same powers as the High Court (or, in Scotland, the Court of Session), for the purposes of an investigation, in respect of—

(a) the attendance and examination of witnesses (including the examination of witnesses abroad), and

(b) the production of documents.

(3) A person may not be required under this section to do anything that the person could not be compelled to do in civil proceedings before the High Court (or, in Scotland, the Court of Session).

340K

(1) This section applies if a person—

(a) without lawful excuse, obstructs the discharge of any of the Armed Forces Commissioner’s functions relating to an investigation under section 340H or 340IA, or

(b) does any act in relation to an investigation that would constitute contempt of court if the investigation were proceedings in the High Court (or, in Scotland, the Court of Session).

(2) The Commissioner may certify the obstruction or act to the High Court (or, in Scotland, the Court of Session).

(3) The court may inquire into the certified obstruction or act.

(4) If the court, having heard any witness on behalf of or against the person and any statement in the person's defence, is satisfied that the person—

(a) without lawful excuse, obstructed the discharge of any of the Commissioner’s functions relating to the investigation, or

(b) did the act referred to in subsection (1)(b),

it may deal with the person in any way in which it could deal with the person if he or she had committed contempt in relation to the court.

(5) In this section, “act” includes an omission and references to the doing of an act are to be read accordingly.

Reports of investigation

340L

(1) The Armed Forces Commissioner must, after carrying out an investigation under section 340H, prepare a report setting out—

(a) the Commissioner’s findings, and

(b) any recommendations referred to in subsection (2).

(2) Those recommendations are—

(a) on an investigation under section 340H(1)(a) where the Commissioner finds that the service complaint to which the investigation relates is well-founded, the Commissioner’s recommendations (if any) on what redress would be appropriate;

(b) on an investigation under section 340H(1)(b), (c) or (d) where the Commissioner finds that the allegation to which the investigation relates is well-founded, the Commissioner’s recommendations (if any) as a result of that finding;

(c) where, by virtue of section 340H(7), the Commissioner finds maladministration in connection with the handling of a service complaint, the Commissioner’s recommendations (if any) as a result of that finding.

(3) The Commissioner may for the purposes of subsection (2)(b) or (c) make any recommendations that the Commissioner considers appropriate, including recommendations for the purpose of remedying—

(a) the maladministration or undue delay to which the finding relates, and

(b) any injustice that the Commissioner considers has or could have been sustained, in consequence of the maladministration or undue delay, by the complainant.

(4) The report must include the Commissioner’s reasons for each of the findings and recommendations.

(5) The Commissioner must send a copy of the report to—

(a) the Defence Council,

(b) the complainant, and

(6) The Commissioner may send a copy of the report to any other persons the Commissioner considers appropriate.

(7) The Secretary of State may make regulations with respect to reports under this section; and the regulations may in particular include—

(a) further provision about the preparation of reports;

(b) provision for the correction of accidental errors in reports;

(c) provision about obligations (including obligations of confidentiality) that may be imposed on persons to whom reports are sent.

340M

(1) The Defence Council must—

(a) consider a report under section 340L,

(b) notify the Armed Forces Commissioner and the complainant, giving reasons in writing, of the action (if any) the Council decide to take in response to the findings and any recommendations contained in the report, and

(c) where the Council decide to reject a recommendation, notify the Commissioner and the complainant, giving reasons in writing for the rejection.

(2) Where the Defence Council decide that a service complaint should be reconsidered to any extent, they must decide whether the reconsideration is to be carried out—

(a) by a person or panel of persons appointed by the Council, or

(b) by the Council themselves;

but this is subject to any provision made by virtue of subsection (6).

(3) The Defence Council must not appoint a person or panel to reconsider a service complaint unless—

(a) the person is, or all the persons on the panel are, authorised by the Council to make the decisions required in connection with the reconsideration and to grant any appropriate redress, or

(b) the Council propose to authorise that person or those persons for those purposes.

(4) The Defence Council may give such directions as they consider appropriate in connection with the reconsideration of a service complaint by a person or panel appointed under subsection (2)(a).

(5) The power of the Defence Council under subsection (4) is subject to any provision made in service complaints regulations about—

(a) the procedure to be followed in connection with the reconsideration of a service complaint;

(b) the persons to be notified of the decision on reconsideration.

(6) The power of the Secretary of State to make regulations under section 340E(1) includes power—

(a) to provide that persons of a specified description may not be appointed under subsection (2)(a) (whether or not as part of a panel);

(b) to require the Defence Council, in relation to any service complaint of a specified description, to act under subsection (2)(a) so as to appoint—

(i) a person who is independent, or of a specified description, or both;

(ii) a panel that satisfies one or more of the requirements listed in subsection (7);

(c) in a case where a requirement within subsection (7)(b) has effect, to require specified functions of a panel to be exercised by the independent members of the panel.

(7) These are the requirements mentioned in subsection (6)(b)(ii)—

(a) all of the members of the panel must be independent;

(b) the panel must include at least a specified number or proportion of independent members;

(8) The Defence Council may delegate to any person any of the Council's functions under this section, other than—

(a) the Council's function of reconsidering a service complaint, or

(b) any function of the Council by virtue of subsection (3)(b) in connection with authorising a person to make decisions and to grant redress.

(9) Subsection (8) does not affect the application of section 1(5) or (7) of the Defence (Transfer of Functions) Act 1964 (discharge by Service Boards of Defence Council functions) in relation to the Defence Council's functions under this section.

(10) Section 340E(4) and (5) apply for the purposes of subsections (6) and (7).

Armed Forces Commissioner’s function of referring allegations

340N

(1) Where the Armed Forces Commissioner considers that a communication made to the Commissioner alleges that a person named in the communication—

(a) is subject to service law and has been wronged in any matter relating to his or her service, or

(b) was wronged in any matter relating to his or her service which occurred while the person was subject to service law,

the Commissioner may refer the allegation to the appropriate officer.

(2) “The appropriate officer” is the officer whom the Commissioner considers to be the officer to whom a service complaint made by the person in respect of the alleged wrong is (under service complaints regulations) to be made.

(3) If an allegation is referred under subsection (1), the appropriate officer must as soon as is reasonably practicable—

(a) inform the person that the allegation has been so referred,

(b) ensure that the person is aware of—

(i) the procedure for making a service complaint, and

(ii) the effect on the making of service complaints of provision made by virtue of section 340B(2)(c) (time limit), and

(4) Regulations made by the Secretary of State must make provision—

(a) about matters that must be notified to the Commissioner where an allegation is referred under subsection (1), and

(b) about the time by which notification must be given.

Annual report by Armed Forces Commissioner

340O

(1) The Armed Forces Commissioner must, for each calendar year, prepare a report covering the following matters.

(2) Those matters are—

(a) the efficiency, effectiveness and fairness with which the system for dealing with service complaints has operated during that year,

(b) the exercise by the Commissioner during that year of the Commissioner’s functions under this Part, and

(c) such other aspects of the system mentioned in paragraph (a), and such matters relating to the functions mentioned in paragraph (b), as the Commissioner considers appropriate or the Secretary of State may direct.

(2A) A report under subsection (1) must also include a summary of any findings and recommendations made by the Commissioner in connection with an investigation under section 340IA during the year to which the report under subsection (1) relates (whether or not contained in a report under section 340LA).

(3) The Commissioner must give a report under subsection (1) to the Secretary of State as soon as practicable after the end of the calendar year to which the report relates.

(4) The Secretary of State must, on receiving a report under subsection (1), lay it before Parliament.

(5) The Secretary of State may exclude from any report laid under subsection (4) any material whose publication the Secretary of State considers—

(a) would be against the interests of national security, or

(b) might jeopardise the safety of any person.

(6) The Secretary of State may require the Commissioner to prepare and give to the Secretary of State a report on—

(a) any aspect of the system mentioned in subsection (2)(a);

(b) any matter relating to any of the Commissioner’s functions under this Part.

Meaning of “higher authority”

...

365B

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

93AA

(1) In section 93A(1), “safety-critical duty offence” means—

(a) an offence under section 20A; or

(b) an offence under section 20(1)(a) in respect of a safety-critical duty (as defined in section 93I).

(2) In section 93A(3A) and (3B)—

“aviation function” means a role or activity in connection with aviation that is specified, or of a description specified, by regulations made by the Defence Council for the purposes of those subsections;

“marine function” means a role or activity in connection with a ship or ships that is specified, or of a description specified, by regulations made by the Defence Council for the purposes of those subsections.

(3) The Defence Council may specify a role or activity (or description of role or activity) under subsection (2) only if carrying it out with ability impaired by alcohol or drugs would result in a risk of—

(a) death,

(b) serious injury to any person,

(d) serious environmental harm,

but this is subject to subsection (4).

(4) The Defence Council's powers under subsection (2) include power to specify a role or activity that is undertaken in preparation for, or in connection with, the carrying out of a role or activity (or description of role or activity) that satisfies the test in subsection (3), either by specifying such a role or activity generally or by specifying a particular role or activity.

(5) For the purposes of section 93A(3A) and (3B), an accident does not involve an aircraft or a ship simply because it takes place on an aircraft or ship.

(6) In section 93A(3C), references to the carrying out of a safety-critical function are to—

(a) the performance by a person subject to service law of a duty specified, or of a description specified, by regulations under section 20A(2) or of any other safety-critical duty (as defined in section 93I); or

(b) the carrying out by a person who is a civilian subject to service discipline, in the course of the person's employment, of a role or activity which, if it were carried out by a person subject to service law in the course of his or her duty, would be a safety-critical duty.

(7) References in section 93A and this section to a person carrying out a function include a failure by the person to carry out a function at a time when the person is responsible for carrying it out (and related expressions are to be read accordingly).

177A

(1) This section has effect where—

(a) a service compensation order has been made in favour of any person in respect of any injury, loss or damage, and

(b) a claim by the person in civil proceedings for damages in respect of the injury, loss or damage subsequently falls to be decided by a court in England and Wales.

(2) The damages in the civil proceedings must be assessed without regard to the order.

(3) But the claimant may recover only an amount equal to the aggregate of—

(a) any amount by which the damages assessed exceed the compensation, and

(b) a sum equal to any portion of the compensation which the person fails to recover (“unrecovered compensation”).

(4) The claimant may not enforce the judgment, so far as it relates to unrecovered compensation, without the leave of the court.

Transfer to Scotland or Northern Ireland of order with community requirements

200A

Section 286 of the Sentencing Code has effect in relation to a suspended sentence order made by a relevant service court as if—

(a) after subsection (2) there were inserted—

(2A) But a court may not specify a requirement to be complied with outside the United Kingdom.

;

(b) in subsection (3), for paragraph (a) (but not the “or” after it) there were substituted—

(a) commits during the operational period— (i) another service offence (within the meaning of the Armed Forces Act 2006), or (ii) an offence under the law of any part of the British Islands,

210A

(1) This section applies where a person aged at least 18 but under 21 is convicted by the Court Martial of an offence—

(a) for which the sentence is not fixed by law, but

(b) which is punishable in the case of a person aged 21 or over with imprisonment for life.

(2) If the court considers that a sentence for life would be appropriate, it is to sentence the offender to custody for life under section 272(2)(a) of the Sentencing Code.

(3) Sections 260 (threshold for imposing discretionary custodial sentence) and 261 (length of discretionary custodial sentence: general provision), in particular, apply for the purposes of subsection (2).

210B

(1) A sentence of detention in a young offender institution is available to the Court Martial or the Service Civilian Court dealing with an offender for an offence where—

(a) the offender is aged at least 18 but under 21 when convicted,

(b) the offence is punishable with imprisonment in the case of a person aged 21 or over, and

(i) detention at Her Majesty's pleasure, or

(ii) custody for life.

(2) The maximum term of detention in a young offender institution that a court may impose for an offence is the same as the maximum term of imprisonment that it may impose for the offence in the case of a person aged 21 or over.

(3) The minimum term of a sentence of detention in a young offender institution is 21 days.

261A

(1) In Chapter 8 of Part 10 of the Sentencing Code (sections 321 to 324: effect of life sentences), references to a court include the Court Martial.

(2) In section 322 of that Code as it applies in relation to a life sentence passed by the Court Martial—

(a) subsection (2)(b)(i) has effect as if, for “section 240ZA of the Criminal Justice Act 2003” there were substituted “ section 246 of the Armed Forces Act 2006 ”;

(b) subsection (4) has effect as if, for “section 52(2)” there were substituted “ section 252(1)(a) of the Armed Forces Act 2006 ”.

(3) In section 323 of that Code as it applies in relation to a life sentence passed by the Court Martial,

(za) subsection (1C)(b) has effect as if for “section 252A, 254, ... 278 or 279” there were substituted—

(i) section 224A or 224B of the Armed Forces Act 2006, or

(ii) section 254, ... 278 or 279 passed as a result of section 219A, 219ZA or 221A of that Act,

subsection (2)(c)(i) has effect as if, for “section 240ZA of the Criminal Justice Act 2003” there were substituted “ section 246 of the Armed Forces Act 2006 ”.

(4) Section 324, as it applies in relation to a sentence passed by the Court Martial, has effect as if for the definition of “life sentence” there were substituted—

“life sentence” means any of the following sentences imposed under or by virtue of the Armed Forces Act 2006— (a) a sentence of imprisonment for life, (b) a sentence of detention for life or during Her Majesty's pleasure, or (c) a sentence of custody for life;

(5) Schedule 21, as it applies in relation to a sentence passed by the Court Martial, has effect as if a reference to murder included reference to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is murder.

Conversion of sentence of detention to sentence of imprisonment

262A

(1) In section 329 of the Sentencing Code (conversion of sentence of detention to sentence of imprisonment), “court” includes a court dealing with an offender for a service offence.

(2) In its application to a court dealing with an offender for a service offence, that section has effect with the following modifications.

(3) In subsection (5)—

(a) paragraph (a) has effect as if, after “254,” there were inserted “ passed as a result of section 221A of the Armed Forces Act 2006 ”;

(b) the words following paragraph (b) have effect as if, after “279” there were inserted “ passed as a result of section 219A(7) of the Armed Forces Act 2006 ”.

(4) Subsection (7) has effect as if, for paragraphs (a) to (f) there were substituted—

(a) a sentence of detention under section 209 of the Armed Forces Act 2006 (including one imposed under section 221 of that Act (detention for life)); (b) an extended sentence of detention under section 254 passed as a result of section 221A of the Armed Forces Act 2006; (c) a sentence of detention during Her Majesty's pleasure (see section 218 of the Armed Forces Act 2006); (d) a sentence of detention in a young offender institution; (e) an extended sentence of detention in a young offender institution (see section 219A(4) of the Armed Forces Act 2006); (f) a sentence of custody for life (see sections 210A, 217, 218A(1B) and 219(1A) of the Armed Forces Act 2006).

Service inquiries

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,

(d) the Court Martial convicts the accused of an offence alleged in the new charge,

that offence falls within case D.

Sentencing powers: single relevant offence

SCHEDULE 6A

1

Schedule 10 to the Sentencing Code (breach, revocation or amendment of community order) applies to an overseas community order as it applies to a community order, with the modifications set out in this Schedule.

Preliminary

2

Part 1 (preliminary) has effect as if—

(a) in paragraph 1(1), for the definition of “appropriate court” there were substituted—

“appropriate court” means the court that made the overseas community order;

;

(b) paragraphs 2 to 4 were omitted;

Breach of requirement of order

3

Part 2 (breach of requirement of order) has effect as if—

(a) paragraph 6 were modified as set out in paragraph 4 of this Schedule;

(b) paragraph 7 were omitted;

(d) paragraph 10 were omitted;

(e) paragraph 11 were modified as set out in paragraph 6 of this Schedule;

(f) after paragraph 11 there was inserted the paragraph 11A set out in paragraph 7 of this Schedule.

4

Paragraph 6 (duty to give warning or refer matter to enforcement officer) has effect as if—

(a) in sub-paragraph (2), for the words “refer the matter to an enforcement officer” there were substituted “ apply to the court that made the order for the exercise of its powers in relation to the breach in question ”;

(b) in sub-paragraph (3), for paragraph (b) there were substituted—

(b) apply to the court that made the order for the exercise of its powers in relation to the breach.

5

The paragraph 8A (substituted for paragraphs 8 and 9) is as follows—

(8A) (1) This paragraph applies where— (a) an overseas community order under the Armed Forces Act 2006 is in force, and (b) it appears to the court that made the order, on an application by the responsible officer, that the offender has breached a requirement of the order. (2) The court may— (a) issue a summons requiring the offender to appear at the place and time specified in it, or (b) issue a warrant for the offender's arrest. (3) A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the court issuing the summons or warrant. (4) Where— (a) a summons is issued under this paragraph, and (b) the offender does not appear in answer to the summons, the court may issue a warrant for the arrest of the offender.

6

Paragraph 11 (powers of Crown Court) has effect as if—

(a) for the heading, there were substituted “ Powers of court that made the order ”;

(b) in sub-paragraph (1)(a), for “Crown Court under paragraph 9 or by virtue of paragraph 10(3)” there were substituted “ court under paragraph 8A ”;

(d) sub-paragraph (3) were omitted;

(e) in sub-paragraph (4), for “Crown Court” there were substituted “ court ”;

(f) in sub-paragraph (6)—

(i) after “custodial sentence” there were inserted “ within the meaning of the Armed Forces Act 2006 ”, and

(ii) for “230(2)” there were substituted “ 260(2) of that Act ”;

(g) in sub-paragraph (7), for “Crown Court” there were substituted “ court ”;

(h) sub-paragraph (8) were omitted.

7

The paragraph 11A to be inserted after paragraph 11 is as follows—

(11A) (1) Section 251 of the Armed Forces Act 2006 (power to order payment of fine by instalments) applies to a fine imposed under paragraph 11(2)(a) as it applies to a fine imposed by a court for a service offence. (2) Sub-paragraph (3) applies where a court imposes a fine under paragraph 11(2)(a) on an offender who— (a) is aged under 18 when the fine is imposed, and (b) has a service parent or service guardian (within the meaning of section 268 of the Armed Forces Act 2006). (3) Subsections (2) to (4) of section 268 of the Armed Forces Act 2006 (payment of fine by service parent or service guardian) apply in relation to the fine imposed under paragraph 11(2)(a) as they apply in relation to a fine in the circumstances mentioned in subsection (1) that section, but with the reference in subsection (2) of section 268 to the time of conviction being read as a reference to the time the fine is imposed. (4) Section 269(2) of the Armed Forces Act 2006 (power of court to make financial statement order before making order under section 268) does not apply in relation to an order under section 268 which is made by virtue of sub-paragraph (3).

Revocation of order

8

Part 3 (revocation of order with or without re-sentencing) has effect as if—

(a) paragraph 14 were omitted;

(b) in paragraph 15—

(i) for the heading there were substituted “ Overseas community order ”;

(ii) in sub-paragraph (1), for “a Crown Court” there were substituted “ an overseas ”;

(iii) in sub-paragraph (1), in the words after paragraph (b), for “Crown Court” there were substituted “ court that made the order ”;

(iv) in sub-paragraphs (3), (4) and (6), for “Crown Court” there were substituted “ court ”.

Amendment of order

9

Part 4 (amendment of order) has effect as if—

(a) paragraphs 16 and 17 were omitted;

(b) in paragraph 18—

(i) in sub-paragraph (2), paragraph (b) were omitted;

(ii) in sub-paragraph (9)(b)—

(a) after “custodial sentence” there were inserted “ within the meaning of the Armed Forces Act 2006 ”, and

(b) for “230(2)” there were substituted “ 260(2) of that Act ”;

Conviction of further offence

10

Part 5 (conviction of further offence) has effect as if—

(a) in the heading above paragraph 22, for “magistrates' court” there were substituted “ Service Civilian Court ”;

(b) in paragraph 22—

(i) for “Paragraphs 23 and 24 apply” there were substituted “ Paragraph 23 applies ”;

(ii) after sub-paragraph (a) (but before the “and”) there were inserted—

(aa) the existing community order was made by the Service Civilian Court,

;

(iii) in sub-paragraph (b), for “a magistrates' court” there were substituted “ the Service Civilian Court ”;

(d) paragraph 24 were omitted;

(e) in the heading above paragraph 25, for “Crown Court” there were substituted “ Court Martial ”;

(f) in paragraph 25—

(i) in sub-paragraphs (1)(a), (2), (3), (4) and (5), for “Crown Court” there were substituted “ Court Martial ”;

(ii) sub-paragraph (1)(b) were omitted.

Supplementary

11

Part 6 (supplementary) has effect as if—

(a) paragraph 26 were omitted;

(b) paragraph 27 were modified as set out in paragraph 12 of this Schedule.

12

Paragraph 27 (provision of copies of orders etc) has effect as if—

(a) for sub-paragraph (2) there were substituted—

(2) The court administration officer (within the meaning of the Armed Forces Act 2006) must provide copies of the revoking or amending order to— (a) the offender, (b) the responsible officer, (c) the offender's commanding officer, and (d) if the offender is aged under 14, the offender's parent or guardian.”;

;

(b) sub-paragraph (3) were omitted;

(c) in the opening words of sub-paragraph (4), for “the court” there were substituted “ the court administration officer (within the meaning of the Armed Forces Act 2006) ”;

(d) in the table in sub-paragraph (4), at the end there were inserted—

An education requirement	Service Children's Education

;

(e) sub-paragraphs (5) to (7) were omitted.

Court Martial Rules

13

If Court Martial Rules provide that powers of the Court Martial under Schedule 10 to the Sentencing Code as applied by this Schedule are to be exercised by a judge advocate, the rules may also disapply section 160 of this Act in relation to sentences passed under that Schedule.

Appeals

14

A person who—

(a) is sentenced by the Court Martial under paragraph 25(2)(b)(ii) of Schedule 10 to the Sentencing Code as applied by this Schedule, and

(b) was not convicted by the Court Martial of the offence in respect of which the sentence is passed,

is to be treated, for the purpose of enabling an appeal under the Court Martial Appeals Act 1968 against the sentence, as if he or she had been so convicted.

Preliminary

Breach of community requirement or conviction of further offence

10

Paragraph 17 (treatment requirement: reasonable refusal to undergo certain treatment) has effect as if, in sub-paragraph (2), the words “10(1)(b) or” were omitted.

11

Paragraph 18 (duty of court in Scotland or Northern Ireland when informed of suspended sentence) has effect as if—

(a) in sub-paragraph (b), for “in England or Wales” there were substituted “ (anywhere) by a relevant service court ”;

(b) in the words following sub-paragraph (b), for “the court by which the suspended sentence was passed” there were substituted “ the Court Martial ”.

12

Paragraph 19 (issue of summons or warrant where court convicting of further offence does not deal with suspended sentence) has effect as if—

(a) in sub-paragraph (1)—

(i) in the opening words, for “the Crown Court” there were substituted “ the Court Martial ”;

(ii) in paragraph (a), for the words from “United Kingdom” to “Court” there were substituted “ British Islands of an offence committed during the operational period of a suspended sentence order passed by a relevant service court, or has been convicted of a service offence committed during that period ”;

(b) in sub-paragraph (2), for “Crown Court” there were substituted “ Court Martial ”;

Amendment of order

13

Part 3 (amendment of order) has effect as if in paragraph 25 (amendment of community requirements of suspended sentence order), after sub-paragraph (8) there were inserted—

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Armed Forces Act 2006

17

Overseas community orders: modifications of 2003 Act

Life sentence for certain dangerous offenders aged under 18

Certain violent or sexual offences: offenders aged 18 or over

“The required opinion” for purposes of sections 219 to 221A

Suspended sentence: further conviction or breach of community requirement

218A

219A

221A

227A

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

Compensation for miscarriages of justice

Compensation for miscarriages of justice

Duration of this Act

Meaning of “commanding officer”

Multiple relevant offences

14A

6A

14

269A

269B

269C

Meaning of “higher authority”

Sentencing powers: single relevant offence

Conditional or absolute discharge

Chapter 4A — Inspection of service police investigations

321A

321B

Power to make provision in consequence of criminal justice enactments

Exclusion of enactments requiring consent of Attorney General or DPP

Definitions relating to police forces

2A

12A

12B

4A

163A

224A

9A

14

15

SCHEDULE 2A

Interpretation

1

Research by lay members

2

Sharing research with other lay members

3

Engaging in other prohibited conduct

4

Disclosing information about members' deliberations etc

5

Disclosing information about members' deliberations etc: initial exceptions

6

Disclosing information about members' deliberations etc: further exceptions

7

Disclosing information about members' deliberations: exceptions for soliciting disclosures or obtaining information

8

Saving for contempt of court

9

Part 14A — Addressing service complaints and general service welfare matters

Service complaints

340A

340B

Decisions and appeals

340C

340D

340E

Investigation, delegation and time limits

340F

340G

Investigations by Armed Forces Commissioner of service complaints

340H

340I

340J

340K

Reports of investigation

340L

340M

Armed Forces Commissioner’s function of referring allegations