Legalize / United Kingdom / Public General Act

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

(1) The Secretary of State may by regulations make, in relation to the Service Police Complaints Commissioner (established under section 365BA), service police forces and the tri-service serious crime unit, provision corresponding (with or without modifications) to any provision of or made under Part 2 of the Police Reform Act 2002 (complaints and misconduct) except for section 19 of that Act (but see subsections (4) to (6)).

(2) For the purposes of subsection (1), section 105(5) of the Police Reform Act 2002 (power to provide for matters to be determined by Director General of the Independent Office for Police Conduct) is treated as included in Part 2 of that Act.

(3) If regulations under subsection (1) include provision corresponding (with or without modifications) to section 10(5) of the Police Reform Act 2002 (general functions of Director General), the regulations may also provide for subsection (2D) of section 54 of the Police Act 1996 (functions of inspectors of constabulary) to apply (with or without modifications) in relation to the Service Police Complaints Commissioner as that subsection applies in relation to the Director General of the Independent Office for Police Conduct.

(4) The Secretary of State may by regulations make such provision as the Secretary of State thinks appropriate for the purpose of authorising—

(a) the use of directed and intrusive surveillance, and

(b) the conduct and use of covert human intelligence sources,

for the purposes of, or for purposes connected with, the carrying out of the Service Police Complaints Commissioner’s functions.

(5) Regulations under subsection (4) may, for the purposes of or in connection with any such provision as is mentioned in subsection (4), make amendments that the Secretary of State thinks appropriate to—

(a) Parts 2 and 4 of the Regulation of Investigatory Powers Act 2000 (surveillance and covert human intelligence sources and scrutiny of investigatory powers), and

(b) Part 3 of the Police Act 1997 (authorisations in respect of property).

(6) Expressions used in this section and in Part 2 of the Regulation of Investigatory Powers Act 2000 have the same meanings in this section as in that Part.

340Q

(1) The Secretary of State may by regulations make, in relation to the Service Police Complaints Commissioner, service police forces and the tri-service serious crime unit, provision corresponding (with or without modifications) to any provision of or made under Part 2B of the Police Reform Act 2002 (investigation of concerns raised by whistle-blowers).

(2) For the purposes of this section, section 105(5) of the Police Reform Act 2002 (power to provide for matters to be determined by Director General of the Independent Office for Police Conduct) is treated as included in Part 2B of that Act.

Super-complaints

340R

(1) The Secretary of State may by regulations make, in relation to policing by one or more than one relevant body, provision corresponding (with or without modifications) to any provision of or made under Part 2A of the Police Reform Act 2002 (super-complaints).

(2) In subsection (1) “relevant body” means a service police force or the tri-service serious crime unit.

Service Police Complaints Commissioner

365BA

(1) There is to be a Service Police Complaints Commissioner.

(2) The Commissioner is to have the functions conferred on the Commissioner by or under this Act or any other enactment.

(3) Schedule 14A makes further provision with respect to the Commissioner.

365BB

(1) The Service Police Complaints Commissioner may appoint persons to be investigating officers.

(2) An investigating officer holds and vacates office in accordance with the terms of the officer’s appointment.

(3) An investigating officer may, unless the Commissioner otherwise directs, exercise any function of the Commissioner.

Schedule 14A

Appointment

1

The Service Police Complaints Commissioner is a corporation sole.

2

The Commissioner is not to be regarded—

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

3

The Commissioner is to be appointed by Her Majesty on the recommendation of the Secretary of State.

4

A person is disqualified from being the Commissioner if any of the following applies—

(a) the person is a member of the regular or reserve forces (whether or not as a member of a service police force);

(b) the person has been a member of a service police force;

5

(1) Sub-paragraph (2) applies if—

(a) the office of the Commissioner becomes vacant, or

(b) it appears to the Secretary of State that the ability of the Commissioner to carry out the Commissioner’s functions is seriously impaired because of ill health (whether mental or physical).

(2) The Secretary of State may appoint a person to act as the Commissioner during the vacancy or period of ill health.

(3) An acting Commissioner holds and vacates office in accordance with the terms of the acting Commissioner’s appointment.

(4) While an acting Commissioner holds office, the acting Commissioner is to be regarded (except for the purposes of paragraphs 3, 4 and 6 and this paragraph) as the Commissioner.

6

The Commissioner holds and vacates office in accordance with the terms of the Commissioner’s appointment.

7

The Commissioner may authorise a member of staff working for the Commissioner to exercise any power or duty of the Commissioner on the Commissioner’s behalf.

8

(1) This paragraph applies where a person has been seconded to serve as a member of the Commissioner’s staff.

(2) The Commissioner is liable in respect of unlawful conduct of the person in the carrying out, or purported carrying out, of their functions as a member of the Commissioner’s staff, in the same manner as an employer is liable in respect of unlawful conduct of an employee in the course of their employment.

(3) In sub-paragraph (1) the reference to secondment to serve as a member of the Commissioner’s staff is to serving as a member of the Commissioner’s staff without being employed by the Commissioner.

Disqualification of offenders for holding elective office etc

Disqualification orders

236A

(1) This section applies where—

(a) a person (“the offender”) is convicted of a qualifying section 42 offence by a court,

(b) the offender was aged 18 or over when the offence was committed, and

(c) the court is satisfied beyond reasonable doubt that the offence is aggravated by hostility related to persons falling within any of sections 32 to 34 of the Elections Act 2022.

(2) The court must, when dealing with the offender for the offence, also make an order (a “disqualification order”) that the offender is disqualified, for the period of 5 years beginning with the date on which the order is made—

(a) for being nominated for election to a relevant elective office, and

(b) for being elected to or holding a relevant elective office.

(3) Subsection (2) does not apply where the court considers that there are particular circumstances relating to the offence or to the offender which would make it unjust in all the circumstances to make the order; and in such a case the court must state in open court the reasons for not making the order.

(4) For the purposes of this section an offence is aggravated by hostility related to persons falling within any of sections 32 to 34 of the Elections Act 2022 if—

(a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on the victim being (or being presumed to be) a person falling within any of those sections, or

(b) the offence was motivated (wholly or partly) by hostility towards persons falling within any of those sections in their capacity as such.

(5) For the purposes of subsection (4) it is immaterial whether or not the offender's hostility is also based, to any extent, on any other factor not mentioned in that subsection.

(6) For the purpose of deciding whether to make a disqualification order the court may consider evidence led by the parties to the proceedings.

(7) It is immaterial whether evidence led in pursuance of subsection (6) would have been admissible in the proceedings in which the offender was convicted.

(8) Where a qualifying section 42 offence is found to have been committed—

(a) over a period of 2 or more days, or

(b) at some time during a period of 2 or more days,

it is to be taken for the purposes of subsection (1)(b) to have been committed on the last of those days.

(9) For the purposes of any appeal against a disqualification order—

(a) references in section 141 to a finding or punishment include the making of a disqualification order;

(b) references in section 16A of the Court Martial Appeals Act 1968 to passing a sentence include making a disqualification order.

(10) In this section—

“court” means the court or officer sentencing the offender;

“presumed” means presumed by the offender;

“qualifying section 42 offence” means an offence under section 42 (criminal conduct) as respects which the corresponding offence under the law of England and Wales is an offence listed in Schedule 9 to the Elections Act 2022;

“relevant elective office” has the same meaning as in Part 5 of the Elections Act 2022 (see section 37 of that Act).

236B

References (however expressed) in any enactment to an order under section 30 of the Elections Act 2022 include references to an order under section 236A.

304D

(1) This section applies if—

(a) the Court Martial has passed a sentence on a person in respect of a service offence;

(b) the sentence for the offence is not fixed by law or, if it is, the person pleaded guilty; and

(2) A person falls within this subsection if the person—

(a) received a discounted sentence in consequence of having offered, in accordance with a written agreement with the Director of Service Prosecutions (“the Director”), to give assistance to the investigator or prosecutor of an offence; and

(b) having given the assistance in accordance with the agreement, in accordance with another written agreement with the Director gives or offers to give further assistance to the investigator or prosecutor of an offence.

(3) A person falls within this subsection if the person—

(a) received a sentence which was not discounted; and

(b) in accordance with a written agreement with the Director subsequently gives or offers to give assistance to the investigator or prosecutor of an offence.

(4) The Director may at any time refer the case back to the Court Martial if—

(a) the person is still serving the sentence; and

(b) the Director thinks it is in the interests of justice to do so.

(5) The Court Martial dealing with a referral under this section must, if possible, consist of the people who were the members of the Court Martial when it passed the sentence to which the referral relates.

(6) The Court Martial may—

(a) take into account the extent and nature of the assistance given or offered; and

(b) substitute for the sentence to which the referral relates such lesser sentence as it thinks appropriate.

(7) Any part of the sentence to which the referral relates which the person has already served must be taken into account in determining when a lesser sentence imposed under this section has been served.

(8) A person in respect of whom a referral is made under this section may, with the leave of the Court Martial Appeal Court, appeal to that court against a decision of the Court Martial under this section.

(9) The Director may, with the leave of the Court Martial Appeal Court, appeal to that court against such a decision.

(10) In relation to any proceedings under this section, the Secretary of State may make regulations containing provision corresponding to any provision in Parts 2 to 4 of the Court Martial Appeals Act 1968, with or without modifications (but this is subject to subsection (11)).

(11) Regulations under subsection (10)—

(a) may not make provision corresponding to provision which may be included in regulations made by the Lord Chancellor under section 31A, 33, 33A, 46A or 47 of the Court Martial Appeals Act 1968;

(b) may confer power to make regulations corresponding to the power in section 31A, 33, 33A, 46A or 47 of the Court Martial Appeals Act 1968 only if they provide that a statutory instrument containing such regulations (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(12) Section 1(4) of the Court Martial Appeals Act 1968 (limitation on appeal from the Court Martial Appeal Court) does not prevent an appeal to the Supreme Court in accordance with regulations made under this section.

(13) Subsections (3) to (5) of section 304C apply for the purposes of this section as they apply for the purposes of that section but as if the references to subsection (2) of that section were references to subsection (6) of this section.

(14) In this section—

(a) “discounted sentence” means a sentence passed in accordance with section 304C or this section;

(b) references to assisting the prosecutor are to assisting the Director or any other prosecutor.

304E

(1) This section applies if—

(a) the Court Martial has passed a sentence on a person in respect of a service offence;

(b) the sentence for the offence is not fixed by law or, if it is, the person pleaded guilty;

(c) the person received a discounted sentence in consequence of having offered, in accordance with a written agreement with the Director of Service Prosecutions (“the Director”), to give assistance to the investigator or prosecutor of an offence; and

(d) the person fails to any extent to give assistance in accordance with the agreement.

(2) The Director may at any time refer the case back to the Court Martial if—

(a) the person is still serving the sentence; and

(b) the Director thinks it is in the interests of justice to do so.

(3) The Court Martial dealing with a referral under this section must, if possible, consist of the people who were the members of the Court Martial when it passed the sentence to which the referral relates.

(4) If the Court Martial is satisfied that the person knowingly failed to give the assistance, it may substitute for the sentence to which the referral relates such greater sentence as it thinks appropriate.

(5) A greater sentence imposed under this section must not exceed the sentence which the court would have passed but for the agreement to give assistance.

(6) Any part of the sentence to which the referral relates which the person has already served must be taken into account in determining when a greater sentence imposed under this section has been served.

(7) A person in respect of whom a referral is made under this section may, with the leave of the Court Martial Appeal Court, appeal to that court against a decision of the Court Martial under this section.

(8) The Director may, with the leave of the Court Martial Appeal Court, appeal to that court against such a decision.

(9) In relation to any proceedings under this section, the Secretary of State may make regulations containing provision corresponding to any provision in Parts 2 to 4 of the Court Martial Appeals Act 1968, with or without modifications (but this is subject to subsection (10)).

(10) Regulations under subsection (9)—

(a) may not make provision corresponding to provision which may be included in regulations made by the Lord Chancellor under section 31A, 33, 33A, 46A or 47 of the Court Martial Appeals Act 1968;

(b) may confer power to make regulations corresponding to the power in section 31A, 33, 33A, 46A or 47 of the Court Martial Appeals Act 1968 only if they provide that a statutory instrument containing such regulations (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(11) Section 1(4) of the Court Martial Appeals Act 1968 (limitation on appeal from the Court Martial Appeal Court) does not prevent an appeal to the Supreme Court in accordance with regulations made under this section.

(12) In this section—

(a) “discounted sentence” means a sentence passed in accordance with section 304C or 304D;

(b) references to assisting the prosecutor are to assisting the Director or any other prosecutor.

PART 12A — Offenders assisting investigations and prosecutions

304A

(1) If the Director of Service Prosecutions (“the Director”) thinks that, for the purposes of the investigation or prosecution of a relevant service offence, it is appropriate to offer a person immunity from prosecution for a service offence, the Director may give the person a written notice under this subsection (an “immunity notice”).

(2) “Relevant service offence” means—

(a) an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an indictable offence under that law; or

(b) any other service offence which, if committed by a person aged 18 or over and tried by the Court Martial, is punishable with imprisonment for more than 2 years.

(3) If a person is given an immunity notice, the person may not be tried for a service offence of a description specified in the notice except in circumstances specified in the notice.

(4) An immunity notice ceases to have effect in relation to the person to whom it is given if the person fails to comply with any conditions specified in the notice.

304B

(1) If the Director of Service Prosecutions (“the Director”) thinks that, for the purposes of the investigation or prosecution of a relevant service offence, it is appropriate to offer a person an undertaking that information will not be used against the person in service proceedings, the Director may give the person a written notice under this subsection (a “restricted use undertaking”).

(2) If a person is given a restricted use undertaking, the information described in the undertaking must not be used against that person in service proceedings except in the circumstances specified in the undertaking.

(3) In subsections (1) and (2), the references to the use of information in service proceedings are to its use—

(a) at a summary hearing in respect of a service offence, or

(b) in proceedings in respect of a service offence before—

(i) the Court Martial;

(ii) the Service Civilian Court;

(iii) the Summary Appeal Court;

(iv) the Court Martial Appeal Court; or

(v) the Supreme Court on an appeal brought from the Court Martial Appeal Court.

(4) A restricted use undertaking ceases to have effect in relation to the person to whom it is given if the person fails to comply with any conditions specified in the undertaking.

(5) In this section “relevant service offence” has the same meaning as in section 304A.

304C

(1) This section applies if a defendant—

(a) is convicted of a service offence following a plea of guilty in proceedings in the Court Martial; and

(b) has, pursuant to a written agreement made with the Director of Service Prosecutions, assisted or offered to assist the investigator or prosecutor in relation to that or any other offence.

(2) In determining what sentence to pass on the defendant, the Court Martial may take into account the extent and nature of the assistance given or offered.

(3) Subsection (2) does not prevent the court from also taking account of any other matter which it is entitled by virtue of any other enactment to take account of for the purposes of determining the sentence.

(4) The power of a court to act under subsection (2) is not affected by any enactment which requires that a minimum sentence is passed in respect of an offence or an offence of a particular description or by reference to the circumstances of an offender (whether or not the enactment also permits the court to pass a lesser sentence in particular circumstances).

(5) The power of a court to act under subsection (2) is not affected by any enactment which, in the case of a sentence which is fixed by law, requires the court to take into account certain matters for the purposes of making an order which determines, or has the effect of determining, the minimum period of imprisonment or detention which the offender must serve (whether or not the enactment also permits the court to fix a lesser period in particular circumstances).

(6) In this section, references to assisting the prosecutor are to assisting the Director or any other prosecutor.

304F

(1) Subsections (2) and (3) apply if, in accordance with section 304C or 304D, a court passes or substitutes a lesser sentence than it would have passed if the assistance mentioned in those sections had not been given or offered (a “discounted sentence”).

(2) The court must state in open court—

(a) that it has passed or substituted a discounted sentence; and

(b) what the greater sentence would have been.

(3) If the court thinks that it would not be in the public interest to disclose that the sentence is a discounted sentence—

(a) subsection (2) does not apply;

(b) the court must give written notice of the matters specified in paragraphs (a) and (b) of that subsection to both the prosecutor and the defendant; and

(c) section 252 (duty to give reasons and explain sentence) does not apply to the extent that it would require the court to disclose that it has passed or substituted a discounted sentence.

(4) Subsection (5) applies if a court—

(a) substitutes a sentence in accordance with section 304E; and

(b) thinks that it would not be in the public interest to disclose that the person received a discounted sentence under section 304C or 304D.

(5) Section 252 (duty to give reasons and explain sentence) does not apply to the extent that it would require the court to disclose that the person received a discounted sentence.

304G

(1) This section applies to—

(a) proceedings relating to a referral made under section 304D or 304E; and

(b) any other proceedings arising in consequence of such proceedings.

(2) The court in which the proceedings will be or are being heard may make such order as it thinks appropriate—

(a) to exclude a person from the proceedings;

(b) to give such directions as it thinks appropriate prohibiting the publication of any matter relating to the proceedings (including the fact that the referral has been made).

(3) The power under subsection (2)(a) does not include power to exclude—

(a) a member or officer of the court;

(b) a party to the proceedings;

(d) counsel or a solicitor for a party to the proceedings;

(e) a person otherwise directly concerned with the proceedings.

(4) An order under subsection (2) may be made only to the extent that the court thinks—

(a) that it is necessary to do so to protect the safety of any person; and

(b) that it is in the interests of justice.

(5) This section does not affect any other power which the court has by virtue of any rule of law or other enactment—

(a) to exclude a person from proceedings; or

(b) to restrict the publication of matters relating to proceedings.

304H

In this Part—

(a) “sentence” includes any order made by a court when dealing with an offender in respect of an offence; and

(b) a reference to a greater or lesser sentence must be interpreted accordingly.

177DA

(1) This section applies where a person commits an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under section 66E of the Sexual Offences Act 2003 (creating purported intimate image of adult).

(2) The purported intimate image to which the offence relates, and anything containing it, is to be regarded for the purposes of section 177C(3) (and section 94A(3)(b)(ii)) as used for the purposes of committing the offence (including where it is committed by aiding, abetting, counselling or procuring).

Armed Forces Commissioner

365AA

(1) There is to be an Armed Forces Commissioner.

(2) The functions of the Commissioner are—

(a) the general function of—

(i) promoting the welfare of persons subject to service law and relevant family members (as defined by section 340IA(4)), and

(ii) improving the public’s understanding of the welfare issues faced by persons subject to service law and relevant family members, and

(b) the other functions conferred by or under this Act or by any other enactment.

(3) The general function referred to in subsection (2)(a) is to be carried out in whatever ways the Commissioner considers best calculated to advance the objectives mentioned in subsection (2)(a)(i) and (ii).

(4) The Commissioner may do anything that the Commissioner considers is calculated to facilitate, or is incidental or conducive to, the carrying out of any of the Commissioner’s functions.

(5) The power in subsection (4) is subject to any restrictions imposed by or under this Act or any other enactment.

(6) Schedule 14ZA makes further provision with respect to the Commissioner.

SCHEDULE 14ZA

1

The Armed Forces Commissioner is a corporation sole.

2

The Commissioner is not to be regarded—

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

3

The Commissioner is to be appointed by His Majesty on the recommendation of the Secretary of State.

4

A person is disqualified from being the Commissioner if the person—

(a) is a member of the regular or reserve forces, or

(b) is employed in the civil service of the State.

5

(1) The Commissioner holds and vacates office in accordance with the terms of their appointment, subject as follows.

(2) The Commissioner’s initial term of office may not be more than five years.

(3) The Commissioner may be appointed for no more than one further term of not more than two years, beginning at the end of the initial term.

(4) The Commissioner may resign by giving written notice to the Secretary of State.

(5) The Secretary of State may dismiss the Commissioner if satisfied that the Commissioner is unable, unwilling or unfit to perform the Commissioner’s functions.

(6) If the Secretary of State dismisses the Commissioner, the Secretary of State must make a statement to the House of Parliament of which that Secretary of State is a member setting out the reasons for dismissing the Commissioner.

6

(1) The Commissioner may appoint one or more Deputy Commissioners.

(2) A person may be appointed and serve as a Deputy Commissioner only if the person—

(a) is a member of the Commissioner’s staff, and

(b) is not a member of the regular or reserve forces.

7

(1) Sub-paragraph (2) applies if—

(a) the office of the Commissioner becomes vacant, or

(b) it appears to the Secretary of State that the ability of the Commissioner to carry out the Commissioner’s functions is seriously impaired because of ill health (whether mental or physical).

(2) The Secretary of State may appoint—

(a) a Deputy Commissioner, or

(b) such other person as the Secretary of State thinks fit,

to act as the Commissioner during the vacancy or period of ill health.

(3) An acting Commissioner holds and vacates office in accordance with the terms of the acting Commissioner’s appointment.

(4) While an acting Commissioner holds office, the acting Commissioner is to be regarded (except for the purposes of paragraphs 3, 4 and 5 and this paragraph) as the Commissioner.

8

(1) The Commissioner may make arrangements for persons to serve as members of the Commissioner’s staff.

(2) The arrangements—

(a) may not provide for persons to be directly employed by the Commissioner, but

(b) may provide for payments to be made directly by the Commissioner to persons serving as members of the Commissioner’s staff.

(3) Before making arrangements under this paragraph, the Commissioner must obtain the approval of the Secretary of State as to the Commissioner’s policies on—

(a) the number of the Commissioner’s staff;

(b) payments to be made to or in respect of staff;

9

(1) The Commissioner may delegate any of their functions to—

(a) a Deputy Commissioner, or

(b) any other person serving as a member of the Commissioner’s staff.

(2) A function is delegated under this paragraph to the extent and on the terms that the Commissioner determines.

(3) The delegation of a function by the Commissioner under this paragraph does not prevent the Commissioner from exercising that function.

(4) Where the Commissioner has delegated the function under section 340IB(1) (power of entry to service premises), the reference in section 340IB(5)(b) to evidence of the Commissioner’s identity is to be read as a reference to evidence of—

(a) the identity of the person exercising the function, and

(b) the person’s authority to exercise the function.

10

(1) This paragraph applies where a person is serving as a member of the Commissioner’s staff.

(2) The Commissioner is liable in respect of unlawful conduct of the person in the carrying out, or purported carrying out, of their functions as a member of the Commissioner’s staff, in the same manner as an employer is liable in respect of unlawful conduct of an employee in the course of their employment.

11

(1) The Secretary of State may make payments and provide other financial assistance to the Commissioner.

(2) The Secretary of State may—

(a) provide staff in accordance with arrangements made with the Secretary of State by the Commissioner under paragraph 8;

(b) provide premises, facilities or other assistance to the Commissioner.

200ZA

(1) Section 264 of the Sentencing Code (suspended sentence order for offender under 21: availability) has effect in relation to a suspended sentence order made by a relevant service court as if in subsection (3A)—

(a) the reference to a sentence under section 265 of the Sentencing Code were to a sentence to which subsections (2) and (3) of that section apply by virtue of section 224A of this Act (special custodial sentence for certain offenders of particular concern);

(b) the reference to section 266 of the Sentencing Code were to a sentence under that section by virtue of section 219A of this Act (extended sentence for certain violent, sexual or terrorism offenders aged 18 or over);

(c) the reference to a sentence under section 278 of the Sentencing Code were to a sentence to which subsections (2) and (3) of that section apply by virtue of section 224A of this Act;

(d) the reference to a sentence under section 279 of the Sentencing Code were to a sentence under that section by virtue of section 219A of this Act.

(2) Section 277 of the Sentencing Code (suspended sentence order for person aged 21 or over: availability) has effect in relation to a suspended sentence order made by a relevant service court as if in subsection (3A)—

(a) the reference to a sentence under section 278 of the Sentencing Code were to a sentence to which subsections (2) and (3) of that section apply by virtue of section 224A of this Act;

(b) the reference to a sentence under section 279 of the Sentencing Code were to a sentence under that section by virtue of section 219A of this Act;

(c) the reference to a sentence under section 265 of the Sentencing Code were to a sentence to which subsections (2) and (3) of that section apply by virtue of section 224A of this Act;

(d) the reference to section 266 of the Sentencing Code were to a sentence under that section by virtue of section 219A of this Act.

200ZB

(1) Section 264A of the Sentencing Code (presumption of suspended sentence order: offender under 21) has effect in relation to a suspended sentence order made by a relevant service court as if—

(a) in subsection (3), after paragraph (d) there were inserted—

(da) the offender is deemed to have served the whole custodial period of the sentence for the offence (or in the case of two or more sentences imposed on the same occasion where those sentences are to be served consecutively, the aggregate of the custodial periods for each offence) by virtue of section 246 of the Armed Forces Act 2006 (crediting of time in service custody: terms of imprisonment and detention),

(b) in subsection (5), the reference to section 30 of the Sentencing Code were to section 256 of this Act, and

“custodial period” means the period of a custodial sentence (within the meaning of the Armed Forces Act 2006: see section 374 of that Act) which the offender is required to serve in custody;

(2) Section 277A of the Sentencing Code (presumption of suspended sentence order: person aged 21 or over) has effect in relation to a suspended sentence order made by a relevant service court as if—

(a) in subsection (3), after paragraph (d) there were inserted—

(da) the offender is deemed to have served the whole custodial period of the sentence for the offence (or in the case of two or more sentences imposed on the same occasion where those sentences are to be served consecutively, the aggregate of the custodial periods for each offence) by virtue of section 246 of the Armed Forces Act 2006 (crediting of time in service custody: terms of imprisonment and detention),

(b) in subsection (6), the reference to section 30 of the Sentencing Code were to section 256 of this Act, and

“custodial period” means the period of a custodial sentence (within the meaning of the Armed Forces Act 2006: see section 374 of that Act) which the offender is required to serve in custody;

Investigations by Armed Forces Commissioner of general service welfare matters

340IA

(1) The Armed Forces Commissioner may investigate such general service welfare matters as the Commissioner considers appropriate, subject to subsection (5).

(2) A “general service welfare matter” is a matter which, in the Commissioner’s opinion—

(a) arises in connection with the ongoing service of persons subject to service law, and

(b) may materially affect the welfare of those persons or relevant family members.

(3) The Commissioner must consider any request made by a person subject to service law or a relevant family member to carry out an investigation under this section.

(4) “Relevant family members” means such descriptions of persons connected with a person subject to service law as may be specified.

(5) The Commissioner may not under this section investigate—

(a) a particular service complaint (see instead section 340H);

(b) a matter which is or was the subject of a service inquiry (see section 343);

(d) a matter which is or was the subject of a public inquiry;

(e) a matter of such description as may be specified.

(6) Nothing in subsection (5)(a) to (d) prevents the investigation of a general service welfare matter which comes to the attention of the Commissioner in connection with a service complaint, a service inquiry, a criminal investigation or criminal proceedings, or a public inquiry.

(7) A description of a matter may be specified under subsection (5)(e) only if the Secretary of State considers that investigation of a matter of that description by the Commissioner—

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

(b) might jeopardise the safety of any person.

(8) The Secretary of State must, in connection with an investigation under this section—

(a) co-operate with the Commissioner so far as is reasonable,

(b) give the Commissioner such reasonable assistance as the Commissioner requests, and

(c) consider any findings or recommendations made by the Commissioner (whether or not contained in a report under section 340LA).

(9) In this section—

“public inquiry” means an inquiry under the Inquiries Act 2005;

“specified” means specified in regulations made by the Secretary of State.

340IB

(1) The Armed Forces Commissioner may, for the purposes of an investigation under section 340IA, enter service premises and do any of the following—

(a) view the premises;

(b) observe the carrying on of activities on the premises;

(d) inspect any equipment or other item on the premises;

(e) take measurements and photographs and make recordings;

(f) require any person on the premises to provide an explanation of any document or to state where it can be found;

(g) make such other enquiries as the Commissioner considers appropriate of any person on the premises;

(h) require any person on the premises to give any other assistance that the Commissioner may reasonably require for the purposes of the investigation.

(2) The reference in subsection (1)(c) to inspecting and taking copies of any document includes requiring any document kept in electronic form to be produced in a form in which—

(a) it is legible or from which it can readily be produced in a legible form, and

(b) can be taken away.

(3) If the Commissioner proposes to exercise the power under subsection (1), the Commissioner must give the Secretary of State notice of the proposal within such period before exercising the power as the Commissioner considers appropriate.

(4) Subsection (3) does not apply, so far as relating to service premises in the United Kingdom, if the Commissioner considers that giving notice would defeat the object of exercising the power.

(5) When exercising the power under subsection (1), the Commissioner—

(a) may be accompanied by any person and bring anything required for the purposes of the investigation;

(b) must, if requested to do so by a person on the premises, produce evidence of the Commissioner’s identity.

(6) The Secretary of State may prevent or restrict the Commissioner’s exercise of the power under subsection (1) (generally or in a particular case) so far as the Secretary of State considers it necessary to do so—

(a) in the interests of national security, or

(b) for the safety of any person.

(7) The power under subsection (1) may not be exercised—

(a) in relation to anything that the Commissioner has reasonable grounds for believing to be an item subject to legal privilege;

(b) to require a person 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).

(8) In this section—

“item subject to legal privilege”—in England and Wales, has the same meaning as in the Police and Criminal Evidence Act 1984;in Scotland, has the meaning given by section 412 of the Proceeds of Crime Act 2002;in Northern Ireland, has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));

“premises” includes any place and, in particular, includes—any vehicle, ship or aircraft, andany tent or movable structure;

“service living accommodation” has the meaning given by section 96;

“service premises” means any premises which are permanently or temporarily occupied or controlled for the purposes of a regular or reserve force but are not service living accommodation.

Armed Forces Commissioner investigations: supplementary matters

340LA

(1) After carrying out an investigation under section 340IA, the Armed Forces Commissioner may prepare one or more reports setting out—

(a) the Commissioner’s findings, and

(b) the Commissioner’s recommendations (if any) as a result of the findings.

(2) Subsection (3) applies if the investigation was carried out wholly or partly in response to a request made by an individual.

(3) A report under subsection (1) must not include information which identifies the individual or enables them to be identified, except with their consent.

(4) If the Commissioner prepares a report under subsection (1)—

(a) the report must include the Commissioner’s reasons for each of the findings and recommendations, and

(b) the Commissioner must give the report to the Secretary of State as soon as practicable after it has been prepared.

(5) On receiving a report under subsection (4)(b), the Secretary of State must lay it before Parliament promptly and, in any event, before the end of 30 sitting days beginning with the day on which the report is received.

“Sitting day” means a day on which both Houses of Parliament sit.

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

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

(b) might jeopardise the safety of any person.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.