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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

(2) Section 301(4) (cases where persons temporarily released from service detention are unlawfully at large) applies for the purposes of this section.

(3) In this section “civilian policeman” has the same meaning as in section 314.

Supplementary

Certificates in connection with transfer to service custody etc

319

(1) The Secretary of State may by regulations make provision requiring a certificate to be supplied when a person—

(a) is transferred to service custody under this Chapter; or

(b) is released under section 315(4)(c) or 316(3)(a)(ii).

(2) Regulations under this section may in particular make provision with respect to—

(a) the information to be included in a certificate;

(b) the person who is to sign a certificate;

(d) the payment of a fee for the supply of a certificate.

Power to use reasonable force

320

Where a power of arrest is conferred on any person by virtue of this Chapter, he may use reasonable force, if necessary, in the exercise of the power.

Chapter 4 — Powers of the Criminal Cases Review Commission

Powers of the Criminal Cases Review Commission

321

Schedule 11 (powers of the Criminal Cases Review Commission) has effect.

Chapter 5 — Supplementary

Financial penalty enforcement orders

322

(1) The Secretary of State may by regulations make provision for the purpose of enabling the Defence Council, or persons authorised by them, to make orders for the enforcement of financial penalties by prescribed courts in England and Wales, Scotland, Northern Ireland or the Isle of Man.

(2) Regulations under this section may in particular make provision—

(a) with respect to the cases in which such orders may be made;

(b) with respect to the form and content of such orders, including the matters to be certified in such orders;

(d) conferring functions in relation to such orders on the Defence Council;

(e) for the delegation by the Defence Council of any of their functions in relation to such orders.

(3) Provision that may be made by the regulations by virtue of subsection (2)(c) includes provision—

(a) that a sum certified in such an order as outstanding is to be treated as if it had been a fine imposed on a conviction by a court specified in the order;

(aa) about the effect, where a sum is certified in such an order, of an order made by the Court Martial under—

(i) section 269A (fines: fixing of term of imprisonment for default); or

(ii) section 269B (service compensation order: maximum term of imprisonment for default);

(b) for prescribed enforcement procedures to cease to be available, or to become available, on the occurrence of prescribed events.

(4) In this section—

“financial penalty” means—a fine or service compensation order imposed by virtue of this Act (including a fine imposed by the Court Martial or the Service Civilian Court under paragraph 11(2)(a) of Schedule 10 to the Sentencing Code by virtue of section 184 and Schedule 6A (breach etc of overseas community order) or a fine or service compensation order with respect to which an order under section 268 (order for service parent or guardian to pay fine or compensation) has been made);a sum adjudged to be paid under section 236(3) (forfeiture of recognizance);an order as to the payment of costs made by virtue of regulations under section 26, or made under section 27, of the Armed Forces Act 2001 (c. 19);

“prescribed” means prescribed, or of a description prescribed, by regulations under this section.

Power to make provision in consequence of criminal justice enactments

323

(1) The Secretary of State may make an order under this section if he considers it appropriate to do so in consequence of a criminal justice enactment (see section 324).

(2) An order under this section may make provision in relation to—

(a) service policemen,

(b) service courts (see section 324),

(d) civilians subject to service discipline, or

(e) service law proceedings (see section 324),

which is equivalent to that made by a relevant provision, subject to such modifications as the Secretary of State considers appropriate.

(3) In this section “relevant provision” means—

(a) the criminal justice enactment;

(b) any enactment relating to a criminal justice matter (see section 324) which is amended by the criminal justice enactment; or

(i) the criminal justice enactment; or

(ii) any Act which is amended by the criminal justice enactment.

(4) An order under this section may make provision in such way as the Secretary of State considers appropriate and may, in particular—

(a) be made in relation to all or any cases to which the order-making power extends;

(b) apply the relevant provision (with or without modifications);

(c) amend, repeal or revoke any enactment or subordinate legislation (including the relevant provision and any provision of or made under this Act).

Section 323: definitions

324

(1) In section 323 a “criminal justice enactment” means an enactment which—

(a) is contained in an Act passed after 1st January 2001; and

(b) amends the law of England and Wales relating to any criminal justice matter.

(2) In section 323 and subsection (1) “criminal justice matter” means—

(a) the powers of the police in connection with the investigation of offences or the detection of offenders;

(b) powers of arrest and detention in connection with crime or criminal proceedings;

(d) remand in custody or on bail;

(e) the rights and duties of a defendant in relation to proceedings in civilian courts;

(f) evidence or procedure in civilian courts;

(g) the powers of civilian courts, including powers in relation to sentence;

(h) such other matters relating to criminal justice as the Secretary of State may by order prescribe for the purposes of this paragraph.

(3) For the purposes of section 323, section 5 of the Criminal Justice (International Co-operation) Act 1990 (c. 5) (transfer of UK prisoner to give evidence etc overseas) is to be taken to be a criminal justice enactment.

(4) In section 323 “service court” means—

(a) the Court Martial;

(b) the Summary Appeal Court;

(d) the Court Martial Appeal Court; or

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

(5) In section 323 “service law proceedings” means proceedings under this Act or the Court Martial Appeals Act 1968 (c. 20) (and does not include proceedings relating to offences under sections 344 to 346 or under regulations made by virtue of section 328(4)(b) or 343(5)(b)).

Other supplementary provisions

Evidential burden as respects excuses

325

(1) This section applies to an offence under any of sections 1 to 41, 93A, 93E, 93G, 107, 229, 232G and 266 which is such that a person who would otherwise commit the offence—

(a) does not do so if he has a lawful excuse; or

(b) does not do so if he has a reasonable excuse.

(2) In proceedings for an offence to which this section applies, the defendant is to be treated as not having had a lawful excuse or reasonable excuse (as the case may be) unless sufficient evidence is adduced to raise an issue as to whether he had such an excuse.

326

Subject to section 61(2), no enactment requiring the consent of the Attorney General or the Director of Public Prosecutions in connection with any proceedings has effect in relation to proceedings under this Act for a service offence.

Local probation boards

327

For section 5A of the Criminal Justice and Court Services Act 2000 (c. 43) (inserted by Schedule 16 to this Act) substitute—

(5A) (1) A local probation board may, in pursuance of arrangements made with the Secretary of State, carry out activities anywhere in the world in relation to persons who are or have been subject to proceedings before the Court Martial, the Summary Appeal Court or the Service Civilian Court. (2) Any activities carried out in relation to such persons must correspond to activities which the board is required or authorised to carry out in relation to persons who have been charged with or convicted of criminal offences.

Second Group of Parts — Miscellaneous Matters

Part 14 — Enlistment, Terms of Service etc

Enlistment, terms of service etc

Enlistment

328

(1) The Defence Council may by regulations make provision with respect to the enlistment of persons in the regular forces (including enlistment outside the United Kingdom).

(2) The regulations may in particular make provision—

(a) requiring the enlistment of persons in the regular forces to be undertaken by recruiting officers;

(b) as to the persons, whether or not members of the regular forces, who may be appointed as recruiting officers;

(d) deeming a person, in prescribed circumstances, to have attained (or not to have attained) that age;

(e) as to the procedure for enlistment (including requiring a recruiting officer to attest the enlistment);

(f) creating offences relating to knowingly giving false answers during the enlistment procedure;

(g) as to the approval for service of persons who have enlisted.

(3) The regulations may also in particular make provision in connection with the validity of a person's enlistment, including provision—

(a) as to when, how and on what basis the validity of a person's enlistment may be challenged;

(b) deeming a person, in prescribed circumstances, to have been validly enlisted;

(d) as to the status of a person until he is discharged.

(4) Where the regulations create an offence they may provide—

(a) that the offence is a service offence and is punishable by any punishment mentioned in rows 2 to 14 of the Table in section 164; or

(b) that the offence is an offence triable summarily by a civilian court in the United Kingdom and is punishable by a fine not exceeding level 1 on the standard scale.

(5) In this section and sections 329 to 331 “prescribed” means prescribed by regulations made by the Defence Council.

Terms and conditions of enlistment and service

329

(1) The Defence Council may by regulations make provision with respect to the terms and conditions of enlistment and service of persons enlisting, or who have enlisted, in the regular forces.

(2) The regulations may in particular make provision for the purposes of—

(a) specifying the duration of the term for which a person is enlisted (whether by reference to a number of years or another criterion or both);

(b) requiring any such term to be one of service with a regular force, or to be in part service with a regular force and in part service with a reserve force;

(c) enabling a person to end his service with a regular force at a prescribed time, or to transfer at a prescribed time to a reserve force;

(d) restricting a person, in consideration of the acceptance by him of any benefit or advantage, from exercising any right referred to in paragraph (c);

(e) enabling a person enlisted for a term of service of a prescribed description to be treated as if he had enlisted for a term of service of a different description;

(f) enabling a person to extend or reduce the term of his service (whether with a regular force or a reserve force, or both);

(g) enabling a person to continue in service after completion of the term of his service;

(h) enabling a person in a reserve force to re-enter service with a regular force;

(ha) enabling a person to serve with a regular force on a part-time basis;

(i) enabling a person's service with a regular force to be restricted to service in a particular area or to be subject to other geographic restrictions;

(j) requiring a person serving subject to a geographic restriction to serve without that restriction on a number of occasions not exceeding a prescribed maximum.

(3) The exercise of any right conferred on a person by virtue of subsection (2) may be made subject to prescribed conditions.

(3A) A right conferred on a person by virtue of subsection (2)(ha) to (j) may be varied, suspended or terminated in prescribed circumstances.

(4) The Defence Council may also by regulations make provision enabling—

(a) a member of the regular army of or below the rank of warrant officer, or

(b) a member of the Army Reserve of or below the rank of warrant officer who is in permanent service on call-out under any provision of the Reserve Forces Act 1980 (c. 9) or the Reserve Forces Act 1996 (c. 14),

to be transferred between corps without his consent in prescribed circumstances.

(5) Regulations under subsection (4) may in particular make provision for varying the terms and conditions of service of a person transferred between corps.

(6) In this section “corps” means any body of the regular army that may from time to time be declared by Royal Warrant to be a corps.

Desertion and absence without leave: forfeiture of service etc

330

(1) The Defence Council may by regulations make provision—

(a) with respect to the making of a confession by a member of the regular forces that he is guilty of an offence under section 8 (desertion);

(b) for the making of a determination as to whether a trial may be dispensed with in the case of a person who makes such a confession;

(2) The Defence Council may also by regulations make provision for the forfeiture of a period of service of a member of the regular forces who is convicted of an offence under section 8.

(3) Regulations under subsection (1) or (2) may include provision for enabling a determination to be made in prescribed circumstances restoring (in whole or in part) a forfeited period of service.

(4) The Defence Council may also by regulations make provision with respect to—

(a) the issue of a certificate of absence in respect of a member of the regular forces absent without leave for more than a prescribed period;

(b) the effects of such a certificate (in particular in connection with the pay and allowances of the person in respect of whom it is issued).

Discharge etc from the regular forces and transfer to the reserve forces

331

(1) The Defence Council may by regulations make provision with respect to—

(a) the discharge of members of the regular forces of or below the rank or rate of warrant officer;

(b) the transfer of such persons to the reserve forces.

(2) The regulations may in particular make provision with respect to—

(a) authorisation of a person's discharge or transfer to a reserve force;

(b) the status of a person who is entitled to be, but has not yet been, discharged or transferred to a reserve force.

(3) The regulations may also in particular make provision conferring on a warrant officer (other than an acting warrant officer) a right to be discharged—

(a) following his reduction in rank or rate; or

(b) following his reduction in rank or rate in prescribed circumstances.

(4) The regulations may also in particular make provision enabling—

(a) the discharge of a person from the regular forces (including by virtue of subsection (3)), or

(b) the transfer of a person to a reserve force,

to be postponed in prescribed circumstances.

Restriction on administrative reduction in rank or rate

332

(1) The rank or rate of a warrant officer or non-commissioned officer may be reduced only by an order made by that person's commanding officer.

(2) An order of a commanding officer reducing the rank or rate of a warrant officer or non-commissioned officer (“an order reducing rank or rate”)—

(a) may not be made without the permission of higher authority (but this is subject to subsection (3));

(b) may not reduce the rank of a person in any of Her Majesty's air forces below the highest rank that person has held in that force as an airman.

(3) The permission of higher authority is not required for an order reducing rank or rate if—

(a) the person whose rank is to be reduced is a lance corporal or lance bombardier; or

(b) the commanding officer making the order is of or above the rank of rear admiral, major-general or air vice-marshal.

(5) Nothing in this section applies to a reduction in rank or rate by virtue of a sentence.

(6) Nothing in this section applies in relation to the reversion of a person, otherwise than on account of his conduct, from his acting rank or rate to his substantive rank or rate.

Pay, bounty and allowances

333

(1) Her Majesty may by warrant make provision with respect to pay, bounty and allowances for members of the regular or reserve forces.

(2) A Royal Warrant made under this section may in particular—

(a) provide for the way in which pay, bounty and allowances are to be paid;

(b) impose conditions or restrictions on the making of such payments;

(3) Provision that may be made by virtue of subsection (2)(b) includes in particular provision authorising the making of a deduction from a payment to a person—

(a) in respect of anything (including any service) supplied to him;

(b) in order to recover any overpayment or advance; or

(4) For the purposes of subsection (3)(c) a payment is “relevant” if—

(a) it was made on condition that it would or might be repayable in specified circumstances; and

(b) any such circumstance has occurred.

(5) A Royal Warrant under this section may not authorise the forfeiture of pay.

(6) A Royal Warrant under this section may not make provision about money distributable under the Naval Agency and Distribution Act 1864 (c. 24).

(7) Section 373(5) (power to make supplementary provision etc) applies in relation to Royal Warrants under this section.

(8) A Royal Warrant under this section may be amended or revoked by a further Royal Warrant under this section.

(9) Nothing in this section prevents provision as to rates of allowances from being made otherwise than under this section.

Redress of individual grievances

Redress of individual grievances: service complaints

334

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Service complaints: role of Defence Council and service complaint panels

335

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Composition and procedure of service complaint panels

336

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Reference of individual grievance to Her Majesty

337

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Role of Service Complaints Commissioner

Referral by Service Complaints Commissioner of certain allegations

338

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Reports by Commissioner on system for dealing with service complaints etc

339

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Restriction on aliens

Restriction on aliens in regular forces etc

340

(1) An alien may not be a member of—

(a) the regular forces; or

(b) any of Her Majesty's forces raised under the law of a British overseas territory other than Gibraltar.

(2) But the Defence Council may make regulations providing for subsection (1) not to apply to an alien who satisfies prescribed conditions.

(3) Such a condition may require the alien—

(a) to be of a prescribed nationality; and

(b) to serve in a prescribed unit.

(4) Section 3 of the Act of Settlement (1700 c. 2) does not prevent any person from being a member of any of Her Majesty's forces.

(5) In this section “prescribed” means prescribed by regulations made by the Defence Council.

Part 15 — Forfeitures and Deductions

Forfeitures and deductions: general provisions

341

(1) No forfeiture of the pay of a person subject to service law may be imposed unless authorised by or under this Act or any other Act.

(2) No deduction from the pay of a person subject to service law may be made unless authorised by or under this Act or any other Act.

(3) Subsections (1) and (2) do not prevent the making by a Royal Warrant under section 333, or by any regulation, order or instruction of the Defence Council, of provision—

(a) for the imposition of any forfeiture authorised by or under an Act;

(b) for the making of any deduction so authorised;

(d) as to the appropriation of amounts deducted;

(e) for the determination of questions relating to forfeitures and deductions.

(4) A person subject to service law shall, notwithstanding any deduction from his pay but subject to any forfeiture, remain in receipt of pay at not less than such minimum rate as may be prescribed by regulations made by the Defence Council.

(5) Notwithstanding the forfeiture of the pay of a person subject to service law for any period, he may remain in receipt of pay at such minimum rate as may be prescribed by regulations made by the Defence Council; but the amount received for that period may be recovered from him by deduction from pay.

(6) Any amount authorised to be deducted from the pay of a person subject to service law may also be deducted from any bounty, allowance or grant which may be due to him; and references in this section and section 342 to the making of deductions from pay are to be read accordingly.

Permitted forfeitures and deductions

342

(1) The Secretary of State may by regulations make provision for the purpose of enabling the Defence Council, or officers authorised by them, to make orders—

(a) authorising the pay of a person subject to service law to be forfeited for or in respect of any period of prescribed absence from duty;

(b) authorising deductions to be made from the pay of a relevant person and to be appropriated in or towards satisfaction of any amount paid by or on behalf of a service authority to meet the whole or part of a sum that the person has been ordered to pay by a civilian court (anywhere);

(c) authorising deductions to be made from the pay of a relevant person and to be appropriated as or towards compensation for any loss of, or damage to, public or service property which a prescribed person is satisfied has been caused by the relevant person's wrongful act or negligence;

(d) authorising deductions to be made from the pay of a person subject to service law and to be appropriated in or towards satisfaction of any payment which he is required to make in respect of a financial penalty;

(e) authorising deductions to be made from the pay of a relevant person and to be appropriated in or towards satisfaction of—

(i) any prescribed payment which he is required to make under, or in connection with, a prescribed maintenance order;

(ii) any obligation on his part to make periodical payments in accordance with a prescribed maintenance assessment or maintenance calculation; or

(iii) any amount required to be paid by him by virtue of any judgment or order enforceable by a court in the United Kingdom;

(f) authorising deductions to be made from the pay of a relevant person and to be appropriated towards the maintenance of a spouse, civil partner, former spouse, former civil partner, child or prescribed person.

(2) Regulations under this section may in particular make provision—

(a) with respect to the duration, variation, revocation, continuation or suspension of such orders;

(b) conferring functions in relation to such orders on the Defence Council;

(d) limiting the amount which may be deducted from a person's pay;

(e) requiring prescribed persons to provide prescribed information, or to supply copies of prescribed documents, to the Defence Council or persons authorised by them;

(f) with respect to the computation of time for the purposes of orders made by virtue of subsection (1)(a);

(g) with respect to the carrying out of investigations in connection with orders made by virtue of subsection (1)(c);

(h) with respect to the standard of proof which is to apply in connection with orders made by virtue of subsection (1)(c);

(i) for any prescribed forfeiture of a person's pay to apply only to so much of his pay as remains after any deduction from that pay in accordance with an order made by virtue of subsection (1)(e) or (f);

(j) with respect to the procedure which is to apply in connection with orders made by virtue of subsection (1)(f).

(3) Any forfeiture or deduction imposed by virtue of subsection (1)(a), (b) or (c) may be remitted—

(a) by the Defence Council; or

(b) by an officer authorised by the Defence Council.

(4) In this section—

“financial penalty” means—a fine or service compensation order imposed by virtue of this Act (including a fine or service compensation order with respect to which an order under section 268 (order for service parent or guardian to pay fine or compensation) has been made);a sum adjudged to be paid under section 236(3) (forfeiture of recognizance); oran order as to the payment of costs made by virtue of regulations under section 26, or made under section 27, of the Armed Forces Act 2001 (c. 19);

“prescribed” means prescribed, or of a description prescribed, by regulations under this section;

“public property” has the meaning given by section 26(2);

“relevant person” means a person subject to service law by reason of section 367(1) or (2)(a), (b), (c) or (e);

“service property” has the meaning given by section 26(3).

(5) The reference in subsection (1)(e)(iii) to a judgment or order enforceable by a court in the United Kingdom includes a judgment enforceable by the Enforcement of Judgments Office.

Part 16 — Inquiries

Service inquiries

343

(1) The Secretary of State may make regulations for causing inquiries, to be known as service inquiries, to be held (whether or not in the United Kingdom) in prescribed circumstances in relation to matters connected with any of Her Majesty's forces.

(2) The regulations may in particular make provision with respect to—

(a) the persons, to be known as a service inquiry panel, who are to conduct a service inquiry;

(b) the functions of a service inquiry panel;

(d) the persons who may convene, and refer matters to, a service inquiry panel;

(e) the procedure of service inquiry panels;

(f) evidence, including the admissibility of evidence;

(g) the representation of witnesses and other persons.

(3) Without prejudice to the generality of subsections (1) and (2), the regulations may make provision—

(a) conferring on a person designated for the purpose by the Secretary of State power to determine, in prescribed circumstances, that a matter of a kind that must be referred to a service inquiry panel need not be so referred (and as to the recording of such a determination);

(b) as to oaths and affirmations for witnesses and other persons;

(c) conferring on prescribed persons a right, subject to such exceptions as may be prescribed, to be present at proceedings of a service inquiry panel;

(d) for procuring the attendance of witnesses and other persons and the production of documents and other things (including the giving of notices by judge advocates);

(e) about the payment of expenses to persons attending proceedings of service inquiry panels;

(f) for the making and retention of records of the proceedings of service inquiry panels;

(g) for the supply of copies of such records, including provision about the fees payable for the supply of such copies;

(h) for evidence given before service inquiry panels not to be admissible at a summary hearing or in proceedings before a court of a prescribed description, except in the case of proceedings for an offence of a prescribed description.

(4) The regulations may also make provision which is equivalent to that made by any provision of section 35 of the Inquiries Act 2005 (c. 12) (offences in connection with inquiries), subject to such modifications as the Secretary of State considers appropriate.

(5) Where the regulations create an offence they may provide—

(a) that the offence is a service offence and is punishable by any punishment mentioned in rows 7 to 14 of the Table in section 164; or

(b) that the offence is an offence triable summarily by a civilian court in the United Kingdom, the Isle of Man or a British overseas territory other than Gibraltar and is punishable by a fine not exceeding level 3 on the standard scale.

(6) In this section “prescribed” means prescribed by regulations under this section.

Part 17 — Miscellaneous

Offences relating to service matters punishable by civilian courts

Aiding or abetting etc desertion or absence without leave

344

(1) A person commits an offence if he aids, abets, counsels or procures the commission by another person of an offence under section 8 (desertion) or 9 (absence without leave).

(2) A person commits an offence if—

(a) he knows that another person (“B”) is subject to service law;

(b) he does an act intending to cause B to be absent without leave; and

(3) A person (“A”) commits an offence if—

(a) another person (“B”) has committed an offence under section 8 or 9;

(b) A knows or believes B to be guilty of that offence; and

(4) Subsections (1) to (3) apply to any aiding, abetting, counselling or procuring, or (as the case may be) any act, done—

(a) in a relevant territory;

(b) otherwise than in a relevant territory, by a United Kingdom national (see section 347) or a person resident in a relevant territory.

(5) In subsection (4) “relevant territory” means—

(a) the United Kingdom;

(b) the Isle of Man; or

(6) In subsection (2) (and subsection (4) so far as relating to that subsection) “act” includes an omission, and the references to the doing of an act are to be read accordingly.

(7) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the relevant maximum or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

(8) In subsection (7) “the relevant maximum” is—

(a) in relation to England and Wales, 12 months;

(b) otherwise, 6 months.

Aiding or abetting etc malingering

345

(1) A person commits an offence if he aids, abets, counsels or procures the commission by another person of an offence under section 16 (malingering).

(2) A person commits an offence if—

(a) he knows that a person (“B”) is subject to service law; and

(b) intending to cause B to avoid service, by any act—

(i) he causes B an injury; or

(ii) he aggravates or prolongs any injury of B's.

(3) A person commits an offence if—

(a) he knows that a person (“B”) is subject to service law; and

(b) intending to cause B to avoid service, by any act—

(i) he causes B to believe that B has an injury; or

(ii) he causes another person to believe that B has an injury.

(4) Subsections (1) to (3) apply to any aiding, abetting, counselling or procuring, or (as the case may be) any act, done—

(a) in a relevant territory;

(b) otherwise than in a relevant territory, by a United Kingdom national (see section 347) or a person resident in a relevant territory.

(5) In subsection (4) “relevant territory” means—

(a) the United Kingdom;

(b) the Isle of Man; or

(6) In this section “injury” and “service” have the same meanings as in section 16.

(7) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the relevant maximum or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

(8) In subsection (7) “the relevant maximum” is—

(a) in relation to England and Wales, 12 months;

(b) otherwise, 6 months.

Obstructing persons subject to service law in course of duty

346

(1) A person commits an offence if—

(a) he intentionally obstructs a person (“B”);

(b) B is a person subject to service law acting in the course of his duty; and

(2) Subsection (1) applies to anything done in—

(a) the United Kingdom;

(b) the Isle of Man; or

(3) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the relevant maximum, or to a fine not exceeding level 3 on the standard scale, or to both.

(4) In subsection (3) “the relevant maximum” is—

(a) in relation to England and Wales, 51 weeks;

(b) otherwise, 6 months.

Sections 344 to 346: supplementary provisions

347

(1) If an offence under section 344 or 345 is committed in a British overseas territory—

(a) proceedings may be taken, and

(b) the offence may for incidental purposes be treated as having been committed,

in any place in the United Kingdom or the Isle of Man (without prejudice to the right to take proceedings in that British overseas territory).

(2) If an offence under section 344 or 345 is committed otherwise than in the United Kingdom, the Isle of Man or a British overseas territory—

(a) proceedings may be taken, and

(b) the offence may for incidental purposes be treated as having been committed,

in any place in the United Kingdom, the Isle of Man or a British overseas territory.

(3) In sections 344 and 345 a “United Kingdom national” means an individual who is—

(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;

(b) a person who under the British Nationality Act 1981 (c. 61) is a British subject; or

(4) In sections 344 to 346 any reference to a person knowing or having reasonable cause to believe that another person is subject to service law is a reference to—

(a) his knowing the circumstances by virtue of which that other person is subject to service law; or

(b) (as the case may be) his having reasonable cause to believe that those circumstances exist.

British overseas territories: references to maximum penalties

348

(1) This section applies in relation to any provision of—

(a) section 344, 345 or 346, or

(b) regulations made by virtue of section 343(5)(b),

specifying the maximum term of imprisonment, or the maximum fine, to which a person guilty of an offence under that section, or under those regulations, is liable.

(2) In relation to any such provision as it extends to a British overseas territory, the law of the British overseas territory may—

(a) provide for the maximum term of imprisonment to be longer or shorter than that provided for by the provision;

(b) provide for the maximum fine to be higher or lower than that provided for by the provision;

(c) specify the amount of the local currency that is to be treated as equivalent to the maximum fine provided for by the provision or provided for by virtue of paragraph (b).

Exemptions from certain civil matters

Exemption from tolls and charges

349

(1) No toll or charge within subsection (2) is payable in respect of a vehicle which—

(a) belongs to any of Her Majesty's forces; or

(b) is in use for the purposes of any of those forces.

(2) A toll or charge is within this subsection if it is payable—

(a) for passing over a road or bridge, or through a tunnel, in the United Kingdom or the Isle of Man; or

(b) under a scheme for imposing charges in respect of the keeping or use of vehicles on particular roads in the United Kingdom or the Isle of Man.

Exemption of property used for service purposes from execution

350

A judgment or order given or made by a court in—

(a) any part of the United Kingdom,

(b) the Isle of Man, or

against a member of any of Her Majesty's forces may not be enforced by the levying of execution on, or (in Scotland) the execution of diligence on, any weapon, equipment, instrument or clothing of his which is used by him in the course of his service in that force.

Powers of officers etc

Detention etc of persons in overseas service hospitals

351

Schedule 12 (powers to admit persons to and detain them in overseas service hospitals etc) has effect.

Power to take affidavits and declarations

352

(1) An authorised officer may, at a place outside the British Islands, take an affidavit or declaration from a person subject to service law or a civilian subject to service discipline.

(2) An authorised officer before whom such an affidavit or declaration is taken must state in the jurat or attestation his full name and rank and the date on which and the place at which the affidavit or declaration was taken.

(3) A document containing such a statement and purporting to be signed by an authorised officer shall be admitted in evidence without proof of the signature or of the facts set out in the statement.

(4) For the purposes of this section an officer is “authorised” if he is subject to service law and—

(a) is of or above the rank of lieutenant commander, major or squadron leader; or

(b) is of the rank of naval lieutenant, military or marine captain or flight lieutenant and—

(i) has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41);

(ii) is an advocate or solicitor in Scotland;

(iii) is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland; or

(iv) has in a relevant territory rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.

(5) In this section “relevant territory” means—

(a) any of the Channel Islands;

(b) the Isle of Man;

(d) a British overseas territory.

Protection of children of service families

353

Schedule 13 (amendments relating to protection of children of service families) has effect.

Miscellaneous

Extension of powers of command dependent on rank or rate

354

An officer, warrant officer or non-commissioned officer of a regular or reserve force who is subject to service law (“A”) has, over members of any other such force who are of inferior rank or rate to A, such powers of command as are dependent on rank or rate.

Service of process

355

(1) The Secretary of State may by regulations make provision with respect to the service of process on a relevant person in connection with proceedings of a description prescribed by the regulations.

(2) Regulations under this section may in particular make provision—

(a) for any process served on a person's commanding officer to be treated as duly served on the person;

(b) with respect to cases in which service of process is to be of no effect.

(3) In this section “relevant person” means—

(a) a person subject to service law by reason of section 367(1) or (2)(a), (b), (c) or (e); or

(b) a civilian subject to service discipline.

Avoidance of assignment of or charge on pay and pensions etc

356

(1) Each of the following shall be void—

(a) every assignment (or, in Scotland, assignation) of any relevant pay or pension;

(b) every charge on any relevant pay or pension;

(2) In this section “relevant pay or pension” means any pay, pension, benefit, bounty, grant or allowance payable to any person in respect of his or any other person's service in Her Majesty's forces.

(3) No order may be made by a court the effect of which would be—

(a) to prevent any person from receiving any relevant pay or pension; and

(b) to direct payment of it to another person.

(4) Nothing in this section—

(a) applies to the making or variation of attachment of earnings orders or of earnings arrestments; or

(b) prejudices any enactment or subordinate legislation providing for the payment of any sum to—

(i) a bankrupt's trustee in bankruptcy, or

(ii) a trustee in the sequestration of a person’s estate under the Bankruptcy (Scotland) Act 2016,

for distribution among creditors.

(5) In this section—

(a) “enactment” includes any provision of an Act of the Scottish Parliament or Northern Ireland legislation;

(b) the reference to subordinate legislation includes an instrument made under such an Act or under Northern Ireland legislation.

Power of British overseas territory to apply Act, etc

357

Where any of Her Majesty's forces is raised under the law of a British overseas territory, any such law—

(a) may make provision in relation to that force and its members so as to have effect when they are outside that territory (as well as when they are within it); and

(b) may apply in relation to the force and its members all or any of the provisions of this Act, with or without modifications

and in particular nothing prevents a law of a British overseas territory to which this section does not extend applying provisions of this Act in reliance on paragraph (b).

Amendments relating to reserve forces

358

Schedule 14 (amendments relating to the reserve forces) has effect.

Pardons for servicemen executed for disciplinary offences: recognition as victims of First World War

359

(1) This section applies in relation to any person who was executed for a relevant offence committed during the period beginning with 4 August 1914 and ending with 11 November 1918.

(2) Each such person is to be taken to be pardoned under this section in respect of the relevant offence (or relevant offences) for which he was executed.

(3) In this section “relevant offence” means any of the following—

(a) an offence under any of the following provisions of the Army Act 1881 (c. 58)—

(i) section 4(2) (casting away arms etc);

(ii) section 4(7) (cowardice);

(iii) section 6(1)(b) (leaving post etc without orders);

(iv) section 6(1)(k) (sentinel sleeping etc on post or leaving post);

(v) section 7 (mutiny and sedition);

(vi) section 8(1) (striking etc superior officer);

(vii) section 9(1) (disobedience in defiance of authority);

(viii) section 12(1) (desertion or attempt etc to desert);

(b) an offence under any of the following provisions of the Indian Army Act 1911 (Indian Act, No 8 of 1911)—

(i) section 25(b) (casting away arms, cowardice, etc);

(ii) section 25(g) (sentry sleeping on post or quitting post);

(iii) section 25(i) (quitting guard etc);

(iv) section 27 (mutiny, disobedience, etc);

(v) section 29 (desertion or attempt to desert).

(4) This section does not—

(a) affect any conviction or sentence;

(b) give rise to any right, entitlement or liability; or

(5) Any reference in this section to a provision of the Army Act 1881 (c. 58) includes a reference to that provision as applied by any enactment, wherever enacted.

Third Group of Parts — General

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

Officers

Meaning of “commanding officer”

360

The officer who is the “commanding officer” of a person for the purposes of any provision made by or under this Act shall be determined by or under regulations made by the Defence Council.

Meaning of “higher authority”

361

In this Act “higher authority”, in relation to a commanding officer, means any officer in the commanding officer's disciplinary chain of command who is superior in that chain of command to the commanding officer.

Court officials

Judge advocates

362

In this Act “judge advocate” means—

(a) the Judge Advocate General;

(b) a person appointed under section 30(1)(a) or (b) or (2) of the Courts-Martial (Appeals) Act 1951 (c. 46) (assistants to the Judge Advocate General); or

(c) a puisne judge of the High Court in England and Wales , or a Circuit judge, who (following a request by the Judge Advocate General) is nominated by or on behalf of the Lord Chief Justice of England and Wales to sit as a judge advocate.

Court administration officer

363

(1) There shall be a court administration officer for the Court Martial, the Service Civilian Court and the Summary Appeal Court.

(2) The court administration officer is to be appointed by the Defence Council.

Service Prosecuting Authority

Director of Service Prosecutions

364

(1) Her Majesty may appoint a person as the Director of Service Prosecutions.

(2) A person may be appointed as the Director of Service Prosecutions only if he—

(a) has a ten year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41);

(b) is an advocate or solicitor in Scotland of at least ten years' standing;

(c) is a member of the Bar of Northern Ireland, or a solicitor of the Court of Judicature of Northern Ireland, of at least ten years' standing; or

(d) has in a relevant territory rights and duties similar to those of a barrister or solicitor in England and Wales, has had those rights and duties for at least ten years, and is subject to punishment or disability for breach of professional rules.

(3) The Director of Service Prosecutions shall hold and vacate office in accordance with the terms of his appointment.

(4) In this section “relevant territory” means—

(a) any of the Channel Islands;

(b) the Isle of Man;

(d) a British overseas territory.

Prosecuting officers

365

(1) The Director of Service Prosecutions (“the Director”) may appoint persons to be prosecuting officers.

(2) A person may be appointed as a prosecuting officer only if he—

(a) has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b) is an advocate or solicitor in Scotland;

(d) has in a relevant territory rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.

(3) A prosecuting officer shall hold and vacate office in accordance with the terms of his appointment.

(4) A prosecuting officer may, unless the Director otherwise directs, exercise any function of the Director.

(5) In this section “relevant territory” has the same meaning as in section 364.

Service Complaints Commissioner

366

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

Part 19 — Supplementary

Chapter 1 — Application of Act

Persons subject to service law

Persons subject to service law: regular and reserve forces

367

(1) Every member of the regular forces is subject to service law at all times.

(2) Every member of the reserve forces is subject to service law while—

(a) in permanent service on call-out under any provision of the Reserve Forces Act 1980 (c. 9) or the Reserve Forces Act 1996 (c. 14) or under any other call-out obligation of an officer;

(b) in home defence service on call-out under section 22 of the Reserve Forces Act 1980;

(d) undertaking any training or duty (whether or not in pursuance of an obligation); or

(e) serving on the permanent staff of a reserve force.

References to members of the regular forces

368

(1) Subsections (2) and (3) apply for the purposes of this Act.

(2) A person recalled to service under—

(a) any provision of the Reserve Forces Act 1980 or the Reserve Forces Act 1996, or

(b) any other recall obligation of an officer,

is to be regarded as being a member of the regular forces from acceptance into service to release or discharge.

(3) Subject to subsection (2), an officer who is not on the active list is not to be regarded as being a member of the regular forces.

(4) For the purposes of subsection (3), an officer is on the active list if (and only if) any of the following provides that an officer of his description is on such a list—

(a) Queen's Regulations;

(b) Royal Warrant;

Members of British overseas territories' forces serving with UK forces

369

(1) While a member of a British overseas territory force is undertaking any duty with or training with a regular or reserve force (“the relevant force”)—

(a) subsection (2) applies to him; and

(b) nothing in section 357 (power of British overseas territory to apply this Act, etc) applies in relation to him.

(2) A person to whom this subsection applies—

(a) is subject to service law; and

(b) shall (subject to subsection (3)) be treated as if he were a member of the relevant force of relative rank or rate.

(3) The Secretary of State may by order modify any provision of this Act in its application to a member of a British overseas territory force who is or has been within subsection (1).

(4) In this section—

“British overseas territory force” means any of Her Majesty's forces that is raised under the law of a British overseas territory;

“relative rank or rate”, in relation to a person to whom subsection (2) applies, means such rank or rate of the relevant force as may be prescribed by Queen's Regulations for a person of his description.

Civilians subject to service discipline

370

(1) In this Act “civilian subject to service discipline” means a person who—

(a) is not subject to service law; and

(b) is within any paragraph of Part 1 of Schedule 15.

(2) Part 2 of Schedule 15 (exclusion and definitions relating to Part 1) has effect.

Naval chaplains

371

(1) The Secretary of State may by regulations provide that such references in this Act—

(a) to an officer, or

(b) to an officer of a particular description,

as may be prescribed by the regulations include references to a naval chaplain or to a naval chaplain of a description prescribed by the regulations.

(2) The regulations may make such modifications of this Act as appear appropriate in consequence of the fact that naval chaplains do not have a rank.

(3) In this section “naval chaplain” means a chaplain in the Royal Navy, the Royal Fleet Reserve or the Royal Naval Reserve.

Chapter 2 — Other Supplementary Provisions

Evidence in proceedings before civilian courts

372

The Secretary of State may by regulations make provision with respect to evidence, including the admissibility of evidence, in proceedings for an offence created by or under this Act before a civilian court in—

(a) any part of the United Kingdom;

(b) the Isle of Man; or

Orders, regulations and rules

373

(1) Any power to make orders, regulations or rules conferred by this Act on the Secretary of State is exercisable by statutory instrument.

(1A) The powers conferred by paragraphs 6 and 7 of Schedule 2A on the Lord Chancellor to make regulations are exercisable by statutory instrument.

(2) The powers conferred by sections 20A, 36, 93AA, 93F, 132, 135, 164, 173, 174, 328 to 331 , 340 and 340B on the Defence Council to make regulations are exercisable by statutory instrument; and the Statutory Instruments Act 1946 (c. 36) applies in relation to those powers as if the Defence Council were a Minister of the Crown.

(3) A statutory instrument containing (whether alone or with other provision)—

(a) an order under section 53, 89, 113, 276A(7), 324(2)(h), 379 or 381,

(b) an order under section 323 which by virtue of section 323(4)(c) makes any provision adding to, replacing or omitting any part of the text of an Act,

(c) regulations under section 128 which make provision of a kind mentioned in section 128(2)(c) or (e) or prescribe documents for the purposes of section 118(2)(b),

(d) regulations under section 20A, 93AA(2), 177J(8), 177J(8A) 271, 340A(4), 340E(1) or 340N,

(e) regulations under section 328 which make provision of a kind mentioned in section 328(2)(c),

(ea) regulations under section 329(1) which make provision of a kind mentioned in section 329(2)(ha), (i), or (j),

(eb) regulations under section 329(3A),

(eba) regulations under section 340IA(4) or (5)(e),

(ec) the first regulations under each of sections 340P(1), 340Q and 340R,

(ed) regulations under section 340P(3),

(ee) regulations under section 343AE(4),

(ef) regulations under section 343AF,

(eg) regulations under section 343B(4A),

(f) rules under section 163 which—

(i) by virtue of section 155 make provision about the constitution of the Court Martial, or

(ii) make provision authorised by section 165, or

(g) rules under section 232F ...,

may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

(4) Any other statutory instrument under this Act, except one containing only an order under any of sections 382 to 384, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Except for regulations made under section 177J(8) 177J(8A), any order, regulations or rules made under this Act may—

(a) contain incidental, supplemental, consequential, transitional, transitory and saving provision;

(b) make different provision for different cases.

(5A) Regulations made under section 177J(8) 177J(8A) may contain transitional, transitory and saving provision.

(6) Where a provision of this Act confers a power to make an order containing provision equivalent to a provision of PACE, the order may apply that provision of PACE with modifications.

Chapter 3 — Interpretation

Definitions applying for purposes of whole Act

374

In this Act, unless the context otherwise requires—

“the 2003 Act” means the Criminal Justice Act 2003 (c. 44);

“absolute discharge” has the meaning given by section 185;

“additional duties commitment” means a commitment entered into under section 25 of the Reserve Forces Act 1996 (c. 14), and references to a person being subject to such a commitment are to be read in accordance with section 377(4) of this Act;

“aircraft” means any machine capable of flight (whether or not propelled by mechanical means), including any description of balloon;

“airman” means a person whose rank is junior technician, senior aircraftman, leading aircraftman or aircraftman;

“associated”, in relation to offences, is to be read in accordance with section 400 of the Sentencing Code;

“British overseas territory police force” has the meaning given by section 375;

“capable of being heard summarily”, in relation to a charge, is to be read in accordance with section 52;

“civilian court” means a court of ordinary criminal jurisdiction;

“civilian subject to service discipline” has the meaning given by section 370;

“commanding officer” is to be read in accordance with section 360;

“Commonwealth country” means a country, other than the United Kingdom, that is a member of the Commonwealth;

“Commonwealth force” means a force of a Commonwealth country;

“community punishment” means—a service community order; oran overseas community order;

“conditional discharge” has the meaning given by section 185;

“the corresponding offence under the law of England and Wales”, in relation to an offence under section 42, has the meaning given by that section;

“the court administration officer” means the court administration officer for the Court Martial, the Service Civilian Court and the Summary Appeal Court appointed under section 363;

“Court Martial rules” has the meaning given by section 163(1);

“the Crown Court” means the Crown Court in England and Wales;

“custodial sentence” means—a sentence of imprisonment (as to which, see section 208);a sentence of detention under section 209 , 221 or 221A (detention of offenders under 18);an order under section 211 (detention and training for young offenders);a sentence of detention during Her Majesty's pleasure under section 218;a sentence of detention for public protection under section 226 of the 2003 Act passed as a result of section 221 of this Act; ...a sentence of detention under section 228 of that Act passed as a result of section 222 of this Act; a sentence of detention in a young offender institution imposed under or as a result of this Act;a sentence of custody for life imposed under or as a result of this Act;

“deserting” has the meaning given by section 8, and references to desertion are to be read accordingly;

“the Director of Service Prosecutions” means the person appointed under section 364;

“enemy” includes—all persons engaged in armed operations against any of Her Majesty's forces or against any force co-operating with any of Her Majesty's forces;all pirates; andall armed mutineers, armed rebels and armed rioters;

“an ex-regular reserve force” means the Royal Fleet Reserve, the Army Reserve or the Royal Air Force Reserve;

“fit to stand trial” is to be read in accordance with section 166(2);

“guardian” has the same meaning as in the Children and Young Persons Act 1933 (c. 12);

“Her Majesty's air forces”, “Her Majesty's forces” and “Her Majesty's military forces” do not include any Commonwealth force;

“higher authority” has the meaning given by section 361;

“judge advocate” has the meaning given by section 362;

“mental disorder” has the same meaning as in the Mental Health Act 1983 (c. 20) and “mentally disordered” is to be read accordingly;

“minor punishment” means a punishment under row 7 of the Table in section 132 or row 11 of the Table in section 164;

“non-commissioned officer” includes a person whose rate is chief petty officer, petty officer or leading rate;

“officer” includes a midshipman;

“overseas community order” has the meaning given by section 182;

“overseas police force” has the meaning given by section 375;

“PACE” means the Police and Criminal Evidence Act 1984 (c. 60);

“the prescribed sum” has the meaning given by section 32(9) of the Magistrates' Courts Act 1980 (c. 43);

“property” includes—real property in England, Wales or Northern Ireland;heritable property in Scotland;property outside the United Kingdom in the nature of real property;

“provost officer” means an officer who is a service policeman;

“the regular army” means any of Her Majesty's military forces other than—the Army Reserve;the Territorial Army; andforces raised under the law of a British overseas territory;

“the regular forces” means the Royal Navy, the Royal Marines, the regular army or the Royal Air Force, and references to “a regular force” are to be read accordingly;

“the reserve forces” means the Royal Fleet Reserve, the Royal Naval Reserve, the Royal Marines Reserve, the Army Reserve, the Territorial Army, the Royal Air Force Reserve or the Royal Auxiliary Air Force, and references to “a reserve force” are to be read accordingly;

“SAC rules” has the meaning given by section 151(1);

“SCC rules” has the meaning given by section 288(1);

“the Sentencing Act” means the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6);

“service community order” has the meaning given by section 178;

“service compensation order” has the meaning given by section 175;

“service detention” means detention under row 1 of the Table in section 132 or row 4 of the Table in section 164;

“service offence” has the meaning given by section 50;

“service police force” and “service policeman” have the meanings given by section 375;

“the Service Prosecuting Authority” means the Director of Service Prosecutions and the persons appointed under section 365 (prosecuting officers);

“service supervision and punishment order” has the meaning given by section 173;

“ship” includes a hovercraft and any description of vessel;

“standard scale” is to be read in accordance with section 377(5) and (7);

“statutory maximum” is to be read in accordance with section 377(6) and (7);

“subject to service law” is to be read in accordance with sections 367 to 369 of this Act and section 4(3)(a) (attached Commonwealth personnel) of the Visiting Forces (British Commonwealth) Act 1933 (c. 6);

“superior officer”, in relation to a person (“A”), means an officer, warrant officer or non-commissioned officer who is subject to service law and—is of superior rank or rate to A; oris of equal rank or rate to A and is exercising authority as A's superior;

“suspended sentence of imprisonment” means a sentence to which an order under section 286 of the Sentencing Code relates;

“suspended sentence of service detention” has the meaning given by section 190;

“tri-service serious crime unit” means the unit described in section 375(1A);

“UK police force” has the meaning given by section 375;

“unfit to stand trial” is to be read in accordance with section 166(2);

“a volunteer reserve force” means the Royal Naval Reserve, the Royal Marines Reserve, the Territorial Army or the Royal Auxiliary Air Force.

Definitions relating to police forces

375

(1) In this Act “service police force” means—

(a) the Royal Navy Police;

(b) the Royal Military Police; or

and “service policeman” means a member of a service police force.

(1A) In this Act the “tri-service serious crime unit” means a unit under the direction of the Provost Marshal for serious crime, each member of which is a member of a service police force.

(2) In this Act “UK police force” means—

(a) the Ministry of Defence Police;

(b) any police force maintained under section 2 of the Police Act 1996 (c. 16) (police forces in England and Wales outside London);

(d) the City of London police force;

(e) the Police Service of Scotland;

(f) the Police Service of Northern Ireland; or

(g) the Isle of Man Constabulary.

(3) In this Act “British overseas territory police force” means any force or body which—

(a) is constituted in a British overseas territory; and

(b) is engaged in the carrying on of activities similar to any carried on by a service police force or UK police force.

(4) In this Act “overseas police force” means any force or body which—

(a) is constituted outside the United Kingdom and the Isle of Man; and

(b) is engaged in the carrying on of activities similar to any carried on by a service police force or UK police force.

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

“Conviction”, “sentence” etc in relation to summary hearings and the SAC

376

(1) Where a charge against a person in respect of an offence is heard summarily by an officer, subsections (2) to (4) apply for the purposes of references in this Act to conviction, acquittal, sentence or passing sentence, or to any related expressions.

(2) If the officer records a finding that the charge has been proved, or the Summary Appeal Court substitutes a finding that a charge in respect of another offence has been proved, that shall be treated as a conviction.

(3) Any punishment awarded by the officer, or by the Summary Appeal Court, shall be treated as a sentence.

(4) If the officer dismisses the charge under section 131, or the Summary Appeal Court quashes a finding that the charge has been proved, that shall be treated as an acquittal.

(5) In this Act “in open court”, in relation to a summary hearing by an officer, means in the presence of the offender.

Further interpretive provisions

377

(1) For the purposes of any provision of this Act which requires the determination of the age of a person by the court, an officer or a judge advocate, his age is to be taken to be that which it appears to the court, officer or judge advocate to be after considering any available evidence.

(2) Any reference in this Act to an offence punishable with imprisonment shall be construed without regard to any prohibition or restriction imposed on the imprisonment of young offenders.

(3) The question whether a member of a regular or reserve force (“force A”) is for the purposes of any provision of this Act of inferior, equal or superior rank or rate to a member of any other such force (“force B”) is to be decided by reference to any provision made by Queen's Regulations which lays down how the ranks or rates in force A relate to the ranks or rates in force B.

(4) For the purposes of this Act, a person is subject to an additional duties commitment if—

(a) he has entered into such a commitment; and

(b) the commitment is still in force.

(5) Any reference in this Act to a specified level on the standard scale is to the amount specified, in relation to that level, in the standard scale for the time being set out in section 37 of the Criminal Justice Act 1982 (c. 48).

(6) Any reference in this Act to the statutory maximum is to the prescribed sum within the meaning of section 32 of the Magistrates' Courts Act 1980 (c. 43).

(7) But subsections (5) and (6) do not apply in relation to any offence in Scotland or Northern Ireland under—

(a) section 344, 345 or 346; or

(b) regulations made by virtue of section 328(4)(b) or 343(5)(b).

Chapter 4 — Final Provisions

Minor and consequential amendments and repeals

378

(1) Schedule 16 (minor and consequential amendments) has effect.

(2) The provisions specified in Schedule 17 are hereby repealed or revoked to the extent specified there.

Power to make further amendments and repeals

379

(1) The Secretary of State may by order—

(a) amend or repeal any enactment passed before or in the same session as this Act;

(b) amend or revoke subordinate legislation made before the passing of this Act.

(2) In subsection (1)—

(a) “enactment” includes an Act of the Scottish Parliament and Northern Ireland legislation;

(b) the reference to subordinate legislation includes an instrument made under such an Act or under Northern Ireland legislation.

(3) An order under subsection (1) may be made only for the purposes of—

(a) supplementing or giving full effect to this Act; or

(b) making provision consequential on the passing of this Act.

Power to make transitional and transitory provision

380

(1) The Secretary of State may by order make transitional provision in connection with the coming into force of any provision made by or under this Act, including savings from the effect of any repeal or revocation so made.

(2) An order under subsection (1) may in particular make provision—

(a) about the effect of liabilities incurred and other things done before commencement, including provision for and about the investigation, trial and punishment of offences committed before commencement;

(b) for and about the continuation of any proceedings begun before commencement;

(c) about the punishments and orders available to courts or other persons before whom proceedings take place in respect of offences committed before commencement;

(d) about the effect of punishments awarded and orders made in respect of offences committed before commencement.

(3) An order under subsection (1) may—

(a) confer jurisdiction on any court;

(b) confer functions on a person's commanding officer, the Director of Service Prosecutions, the prosecuting authority within the meaning of any of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53), or on service policemen;

(d) authorise the keeping of persons in service custody, and the imposition of requirements on release from service custody (including provision applying section 107(5) and (6) with or without modifications).

(4) The Secretary of State may by order provide that—

(a) until the coming into force of any enactment specified in the order, or

(b) in relation to any offence committed or other thing done before the coming into force of such an enactment,

any provision of this Act or amended by or under this Act has effect with such modifications as may be specified by the order.

(5) In subsection (4)(a) and (b) “enactment” includes any provision of this Act.

(6) If any provision made by or under this Act is to come into force before the day on which section 61 of the Criminal Justice and Court Services Act 2000 (c. 43) (abolition of certain custodial sentences for young offenders) comes into force (or fully into force), an order under subsection (4) may provide for custodial punishments specified in the order to be available in respect of offenders who are convicted aged 18 or over but under 21.

(7) The powers conferred by this section may not be exercised so as to allow the imposition in respect of an offence of a punishment more severe than that which was applicable when the offence was committed.

(8) An order under this section may modify, exclude or apply (with or without modifications) any enactment or subordinate legislation, including—

(a) any provision of or made under this Act;

(b) any provision of or made under an enactment repealed by this Act.

(8A) The power under subsection (1) to make transitional provision in connection with the coming into force of any provision made by or under this Act includes power, where this Act or any provision made under it is amended, to amend any earlier order under this section (whether the amendment relates to a subject already dealt with in the earlier order or a new subject).

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) In this section “commencement” means the commencement of such provisions of this Act as may be specified by the order.

Alignment of SDAs etc with this Act

381

(1) The Secretary of State may by order amend or repeal any provision of an enactment within subsection (3) for the purpose of reducing or eliminating any difference between the effect of the enactments within that subsection and the effect of this Act.

(2) An order under subsection (1) may amend an enactment within subsection (3) in such a way as to confer on any person a power to make subordinate legislation.

(3) The enactments are—

(a) the Army Act 1955;

(b) the Air Force Act 1955;

(d) the Army and Air Force Act 1961 (c. 52);

(e) the Armed Forces Act 1966 (c. 45);

(f) such provisions of the following Acts as are repealed by this Act—

(i) the Armed Forces Act 1976 (c. 52);

(ii) the Reserve Forces Act 1980 (c. 9);

(iii) the Armed Forces Act 1981 (c. 55);

(iv) the Armed Forces Act 1991 (c. 62);

(v) the Reserve Forces Act 1996 (c. 14);

(vi) the Armed Forces Act 2001 (c. 19).

Duration of SDAs and this Act

382

(1) This Act expires at the end of one year beginning with the day on which the Armed Forces Act 2021 is passed (but this is subject to subsection (2)).

(2) Her Majesty may by Order in Council provide that, instead of expiring at the time it would otherwise expire, this Act shall expire at the end of a period of not more than one year from that time.

(3) Such an Order may not provide for the continuation of this Act beyond the end of the year 2026.

(4) No recommendation may be made to Her Majesty in Council to make an Order under subsection (2) unless a draft of the Order has been laid before, and approved by a resolution of, each House of Parliament.

Commencement

383

(1) This section and sections 359, 373, 382, 384 and 386, and the repeal by this Act of section 1 of the Armed Forces Act 2001 (c. 19), come into force on the day on which this Act is passed.

(2) The other provisions of this Act come into force on such day as the Secretary of State may by order appoint (and different days may be appointed for different purposes).

Extent to Channel Islands, Isle of Man and British overseas territories

384

(1) Her Majesty may by Order in Council provide for all or any of the provisions of this Act to extend to any of the Channel Islands with such modifications as may be specified in the Order.

(2) This Act extends to—

(a) the Isle of Man, and

(b) the British overseas territoriesexcept Gibraltar,

subject to such modifications as Her Majesty may by Order in Council specify.

(3) Paragraph 5(ba) of Schedule 9 does not extend to the Isle of Man or the British overseas territories.

Extent of applied enactments

385

(1) Where a provision of or made under an Act is applied by or under this Act (by whatever words), the extent of the provision as so applied is not affected by anything that limits the extent of the provision as it applies apart from this Act.

(2) The provision as so applied is to be treated for the purposes of section 384 as if it were contained in this Act.

Short title

386

This Act may be cited as the Armed Forces Act 2006.

SCHEDULE 1

Part 1 — Offences that may be dealt with without permission

1

An offence under section 1 of the Theft Act 1968 (c. 60) (theft).

2

An offence under section 12 of that Act (taking vehicle etc without consent).

3

An offence under section 5(2) of the Misuse of Drugs Act 1971 (c. 38) (possession of controlled drug).

4

An offence under section 1(1) of the Criminal Damage Act 1971 (c. 48) (criminal damage).

5

An offence under section 3 of the Theft Act 1978 (c. 31) (making off without payment) where the payment required or expected did not exceed £100.

6

An offence under section 9 of the Criminal Attempts Act 1981 (c. 47) (interference with vehicles).

7

An offence under section 39 of the Criminal Justice Act 1988 (c. 33) (assault and battery).

8

An offence under section 3 of the Road Traffic Act 1988 (c. 52) (careless driving etc).

9

An offence under section 5 of that Act (driving a vehicle where driver has consumed excessive amount of alcohol etc).

10

An offence under section 25 of that Act (tampering with vehicles etc) where the vehicle was on a road.

11

An offence under section 28 of that Act (dangerous cycling).

12

An offence under section 29 of that Act (careless cycling etc).

Part 2 — Offences that may be dealt with only with permission

13

An offence under section 47 of the Offences against the Person Act 1861 (c. 100) (assault occasioning actual bodily harm).

14

An offence under section 1 of the Prevention of Crime Act 1953 (c. 14) (possession in public place of offensive weapon).

15

An offence under section 13 of the Theft Act 1968 (c. 60) (abstracting of electricity).

16

An offence under section 139 of the Criminal Justice Act 1988 (c. 33) (possession in public place of point or blade).

17

An offence under section 125 of the Communications Act 2003 (c. 21) (dishonestly obtaining electronic communications services).

18

An offence under section 126 of that Act (possession or supply of apparatus etc for contravening s.125 of that Act).

19

An offence under section 1 of the Fraud Act 2006 (fraud).

20

An offence under section 11 of that Act (dishonestly obtaining services).

SCHEDULE 2

1

An offence under section 1 (assisting an enemy).

2

An offence under section 2(1) (misconduct on operations).

3

An offence under section 3 (obstructing operations) which relates to an action or operation against an enemy.

4

An offence under section 4(1) or (2) (looting).

5

An offence under section 6 (mutiny).

6

An offence under section 7 (failure to suppress mutiny).

7

An offence under section 8 (desertion) where the accused intended to avoid a period of active service (within the meaning of that section).

8

An offence under section 31(1) (hazarding of ship).

9

An offence under section 33(1) (dangerous flying etc).

10

An offence under section 39 of attempting to commit an offence within any of paragraphs 1 to 9.

11

An offence under section 40 of encouraging or assisting the commission of an offence within any of paragraphs 1 to 9.

12

An offence under section 42 (criminal conduct) as respects which the corresponding offence under the law of England and Wales is—

(a) murder;

(b) manslaughter;

(d) high treason;

(e) piracy;

(f) cheating the public revenue;

(g) an offence under section 2 of the Treason Act 1842 (c. 51) (attempt to injure or alarm the Sovereign);

(h) an offence under section 3 of the Treason Felony Act 1848 (c. 12) (compassing the deposition of the Sovereign etc);

(i) an offence under section 4, 18, 22, 23, 28 or 29 of the Offences against the Person Act 1861 (c. 100) (soliciting murder, wounding with intent, using chloroform etc to commit indictable offence, administering poison, causing injury by explosives, using explosives etc with intent);

(j) an offence under section 20 of that Act of inflicting grievous bodily harm;

(k) an offence under section 2 or 3 of the Explosive Substances Act 1883 (c. 3) (causing explosion likely to endanger life or property etc);

(l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(n) an offence under section 1 or 2 of the Perjury Act 1911 (c. 6) (perjury or false statements on oath);

(o) an offence under section 1 or 7 of the Official Secrets Act 1911 (c. 28) (spying or harbouring spies);

(p) an offence under section 1 of the Infant Life (Preservation) Act 1929 (c. 34) (child destruction);

(q) an offence under section 1 of the Children and Young Persons Act 1933 (c. 12) (cruelty to children);

(r) an offence under section 1 of the Infanticide Act 1938 (c. 36) (infanticide);

(ra) an offence under section 1A of the Prevention of Crime Act 1953 (threatening with offensive weapon in public);

(s) an offence under section 33 or 33A of the Sexual Offences Act 1956 (c. 69) (keeping a brothel etc);

(t) an offence under section 1 of the Geneva Conventions Act 1957 (c. 52) (grave breaches of conventions);

(u) an offence under section 2 of the Suicide Act 1961 (c. 60) (assisting suicide etc);

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Armed Forces Act 2006

Supplementary

Certificates in connection with transfer to service custody etc

319

Power to use reasonable force

320

Chapter 4 — Powers of the Criminal Cases Review Commission

Powers of the Criminal Cases Review Commission

321

Chapter 5 — Supplementary

Financial penalty enforcement orders

Financial penalty enforcement orders

322

Power to make provision in consequence of criminal justice enactments

Power to make provision in consequence of criminal justice enactments

323

Section 323: definitions

324

Other supplementary provisions

Evidential burden as respects excuses

325

Exclusion of enactments requiring consent of Attorney General or DPP

326

Local probation boards

327

Second Group of Parts — Miscellaneous Matters

Part 14 — Enlistment, Terms of Service etc

Enlistment, terms of service etc

Enlistment

328

Terms and conditions of enlistment and service

329

Desertion and absence without leave: forfeiture of service etc

330

Discharge etc from the regular forces and transfer to the reserve forces

331

Restriction on administrative reduction in rank or rate

332

Pay, bounty and allowances

333

Redress of individual grievances

Redress of individual grievances: service complaints

334

Service complaints: role of Defence Council and service complaint panels

335

Composition and procedure of service complaint panels

336

Reference of individual grievance to Her Majesty

337

Role of Service Complaints Commissioner

Referral by Service Complaints Commissioner of certain allegations

338

Reports by Commissioner on system for dealing with service complaints etc

339

Restriction on aliens

Restriction on aliens in regular forces etc

340

Part 15 — Forfeitures and Deductions

Forfeitures and deductions: general provisions

341

Permitted forfeitures and deductions

342

Part 16 — Inquiries

Service inquiries

343

Part 17 — Miscellaneous

Offences relating to service matters punishable by civilian courts

Aiding or abetting etc desertion or absence without leave

344

Aiding or abetting etc malingering

345

Obstructing persons subject to service law in course of duty

346

Sections 344 to 346: supplementary provisions

347

British overseas territories: references to maximum penalties

348

Exemptions from certain civil matters

Exemption from tolls and charges

349