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

(v) an offence under section 5, 16, 16A, 17, 18 or 20 of the Firearms Act 1968 (c. 27) (unlawful possession or use of firearm etc);

(w) an offence under section 8, 10 or 21 of the Theft Act 1968 (c. 60) (robbery, aggravated burglary, blackmail);

(x) an offence under section 12A of that Act (aggravated vehicle taking) involving an accident which caused the death of any person;

(y) an offence under section 4, 5(3) or 8 of the Misuse of Drugs Act 1971 (c. 38) (production and supply of controlled drugs, possession of such drugs with intent to supply, permitting production of such drugs);

(z) an offence under section 1(2) of the Criminal Damage Act 1971 (c. 48) (destroying or damaging property with intent to endanger life);

(aa) an offence under section 1 of the Biological Weapons Act 1974 (c. 6) (developing biological agents etc);

(ab) an offence under section 51 of the Criminal Law Act 1977 (c. 45) (bomb hoaxes);

(ac) an offence under section 1 of the Protection of Children Act 1978 (c. 37) (indecent photographs of children);

(ad) an offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (fraudulent evasion of duty etc);

(ae) an offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking);

(af) an offence under any of sections 1 to 4 of the Aviation Security Act 1982 (c. 36) (hijacking, destroying, damaging or endangering safety of aircraft etc);

(ag) an offence under section 1 or 2 of the Child Abduction Act 1984 (c. 37) (abduction of child);

(ah) an offence under any of sections 1 , 18 to 23 and 29B to 29G of the Public Order Act 1986 (c. 64) (riot, stirring up hatred by reference to race, possession of inflammatory material);

(ai) an offence under section 134 , 139AA or 160 of the Criminal Justice Act 1988 (c. 33) (torture, threatening with article with blade or point or offensive weapon, possession of indecent photograph of child);

(aj) an offence under section 1, 1A, 2C, 3A or 22A of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving, causing serious injury by dangerous driving, causing serious injury by careless, or inconsiderate, driving, causing death by careless driving when under the influence of drink or drugs, causing danger to road-users);

(ak) an offence under any of sections 1 to 6 or 8(6) of the Official Secrets Act 1989 (c. 6) (disclosure of information relating to security, intelligence, defence, international relations etc);

(aka) an offence under section 3ZA of the Computer Misuse Act 1990 (unauthorised acts causing, or creating risk of, serious damage);

(al) an offence under any of sections 1 or 9 to 13 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes, offences against the safety of ships and fixed platforms);

(am) an offence under section 72 of the Value Added Tax Act 1994 (c. 23) (evasion of VAT);

(an) an offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system);

(ao) an offence under section 2 of the Chemical Weapons Act 1996 (c. 6) (use etc of chemical weapons);

(ap) an offence under section 11, 12, 15, 16, 17, 18, 38B, 39, 54, 56, 57 or 58 of the Terrorism Act 2000 (c. 11);

(aq) an offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity, war crimes etc);

(ar) an offence under section 47, 79, 80, 113 or 114 of the Anti-terrorism, Crime and Security Act 2001 (c. 24);

(as) an offence under section 1 of the Dealing in Cultural Objects (Offences) Act 2003 (c. 27) (dealing in tainted cultural objects);

(at) any offence under Part 1 of the Sexual Offences Act 2003 (c. 42) except one under section ... 71;

(au) an offence under any of sections 1, 2, 5, 6 or 8 to 11 of the Terrorism Act 2006.

(av) an offence under section 62(1) of the Coroners and Justice Act 2009 (possession of prohibited images of children).

(aw) an offence under section 1, 2 or 6 of the Bribery Act 2010.

(ax) an offence under section 69 of the Serious Crime Act 2015 (possession of paedophile manual).

(ay) an offence under section 1 or 2 of the Modern Slavery Act 2015 (slavery, servitude and forced or compulsory labour and human trafficking).

(az) an offence under any of paragraphs 1 to 5 of Schedule 4 to the Space Industry Act 2018 (hijacking, destroying, damaging or endangering safety of spacecraft etc).

(az1) an offence under section 1, 2, 3, 4, 12 or 18 of the National Security Act 2023.

(ba) an offence under section 184 of the Online Safety Act 2023 (encouraging or assisting serious self-harm).

13

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

(a) an offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit an offence within a sub-paragraph of paragraph 12;

(b) an offence under section 1 of the Criminal Law Act 1977 (c. 45) of conspiracy to commit such an offence;

SCHEDULE 3

Part 1 — Civilian offenders

1

(1) In relation to a civilian offender, section 164 (punishments available to Court Martial) has effect as if subsections (4), (6) and (7) were omitted and as if for the Table there were substituted—

Row Number	Punishment	Limitation
1	imprisonment
2	a fine
3	a service community order (defined by section 178)	only if subsection (5) permits
4	an overseas community order (defined by section 182)	only if it appears to the court that the offender will reside outside the United Kingdom when the order is in force
5	a conditional discharge (defined by section 185)
6	an absolute discharge (defined by section 185)
7	a service compensation order (defined by section 175)
8	a deprivation order (defined by section 177B)	only if section 177C permits
9	a driving disqualification order (defined by section 177G)	only if subsection (5A) permits

(2) A person is a “civilian offender” for the purposes of this Part of this Schedule if he has committed a service offence and—

(a) he was a civilian when he committed the offence;

(b) he is a civilian when sentenced for the offence; and

(3) In sub-paragraph (2) “a civilian” means a person who is—

(a) not a member of the regular forces;

(b) not a member of the reserve forces; and

(4) For the purposes of this paragraph a person is “liable to recall” if—

(a) under section 65(1) of the Reserve Forces Act 1996 (c. 14) he is liable to be recalled for service; or

(b) he is liable to be recalled as mentioned in section 35(1) of the Reserve Forces Act 1980 (c. 9).

2

For the purposes of determining the Court Martial's powers when sentencing a civilian offender for an offence under section 42, section 42(3) (maximum penalties) has effect as if the reference to rows 5 to 14 were to rows 2 to 9.

Part 2 — Ex-servicemen etc

3

(1) In relation to an offender to whom this Part of this Schedule applies, section 164 (punishments available to Court Martial) has effect as if subsections (6) and (7) were omitted and as if for the Table there were substituted—

Row Number	Punishment	Limitation
1	imprisonment
2	dismissal with disgrace from Her Majesty's service	only if the person being sentenced is an officer or a member of the reserve forces
3	dismissal from Her Majesty's service	only if the person being sentenced is an officer or a member of the reserve forces
4	detention for a term not exceeding two years	not if the person being sentenced is an officer, or was an officer when last a member of Her Majesty's forces
5	reduction in rank, or disrating	only if the person being sentenced is a warrant officer or non-commissioned officer, and not to an extent prohibited by regulations under subsection (4)
6	a fine
7	a service community order (defined by section 178)	only if subsection (5) permits
8	a severe reprimand or a reprimand	only if the person being sentenced is, or was at the time of the offence, an officer, warrant officer or non-commissioned officer
9	an absolute discharge (defined by section 185)
10	a service compensation order (defined by section 175)
11	a deprivation order (defined by section 177B)	only if section 177C permits
12	a driving disqualification order (defined by section 177G)	only if subsection (5A) permits

(2) A person is an offender to whom this Part of this Schedule applies if when sentenced he is—

(a) not subject to service law;

(b) not a member of a volunteer reserve force;

(d) not a civilian offender for the purposes of Part 1 of this Schedule.

4

For the purposes of determining the Court Martial's powers when sentencing an offender to whom this Part of this Schedule applies—

(a) section 25(2) (penalty for misapplying public property etc) has effect as if the reference to rows 2 to 14 were to rows 2 to 12;

(b) section 35(3) (penalty for annoyance by flying) has effect as if the reference to rows 3 to 14 were to rows 3 to 12;

(c) section 42(3) (penalties for criminal conduct offences) has effect as if the reference to rows 5 to 14 were to rows 5 to 12;

(d) any provision of regulations under section 328 (enlistment) which provides that an offence is punishable by any punishment mentioned in rows 2 to 14 of the Table in section 164 has effect as if the reference to rows 2 to 14 were to rows 2 to 12;

(e) any provision of regulations under section 343 (service inquiries) which provides that an offence is punishable by any punishment mentioned in rows 7 to 14 of the Table in section 164 has effect as if the reference to rows 7 to 14 were to rows 6 to 12.

SCHEDULE 4

Hospital orders

1

For the purposes of section 169(2)(a) of this Act, section 37 of the Mental Health Act 1983 (c. 20) (“the 1983 Act”) has effect as if—

(a) for subsection (1) there were substituted—

(1) Where— (a) section 169 of the Armed Forces Act 2006 applies, (b) the offence to which the finding relates is an offence punishable with imprisonment, and (c) the conditions in subsection (2) below are satisfied, the court may by order authorise the defendant's admission to and detention in such hospital as may be specified in the order.

;

(b) subsections (1A), (1B), (3), (5), (6) and (8) were omitted;

(i) the word “either” before sub-paragraph (i);

(ii) the word “or” at the end of that sub-paragraph; and

(iii) sub-paragraph (ii) (but not the word “and” at the end of it);

(d) for subsection (4) there were substituted—

(4) Where an order is made under this section requiring a person to be admitted to a hospital (“a hospital order”), it shall be the duty of the managers of the hospital specified in the order to admit him in accordance with it.

;

(e) in subsection (7) the reference to a guardianship order were omitted; and

(f) any reference to the offender were to the defendant (the reference in subsection (2)(b) to the offence being construed accordingly).

Restriction orders

2

For the purposes of section 169(2)(a) of this Act, section 41(1) of the 1983 Act (power to make a restriction order) has effect as if—

(a) the reference to the Crown Court were to the Court Martial; and

(b) any reference to an offender were to a person in whose case section 169 applies (references to an offence being construed accordingly).

Remand orders

3

In relation to a case where section 169 applies but the court has not yet made one of the disposals mentioned in section 169(2), section 35 of the 1983 Act (remand to hospital for report on mental condition) has effect as if—

(a) the reference in subsection (1) to the Crown Court or a magistrates' court were to the Court Martial;

(b) for the purposes of that section an “accused person” meant a person in whose case this paragraph applies;

(d) in subsection (3)(b) for the words “if he were remanded on bail” there were substituted “ if he were not remanded under this section ”;

(e) in subsection (4) the reference to a place of safety were to any place that the court may direct; and

(f) the reference in subsection (10) to a constable included a reference to a service policeman.

4

In relation to a case where section 169 applies but the court has not yet made one of the disposals mentioned in section 169(2), section 36 of the 1983 Act (remand to hospital for treatment) has effect as if—

(a) in subsection (1) for the words “the Crown Court may, instead of remanding an accused person in custody, remand him” there were substituted “ the Court Martial may remand an accused person ”;

(b) for the purposes of that section an “accused person” meant a person in whose case this paragraph applies;

(d) in subsection (3) the reference to a place of safety were to any place that the court may direct.

Interim hospital orders

5

(1) In relation to a case where section 169 applies but the court has not yet made one of the disposals mentioned in section 169(2), section 38 of the 1983 Act (interim hospital orders) has effect as if—

(a) in subsection (1) for the words from the beginning to “he is convicted” there were substituted “ Where section 169 of the Armed Forces Act 2006 applies, the offence to which the finding relates is an offence punishable with imprisonment and the court ”;

(b) any reference to an offender were to a person in whose case this paragraph applies;

(d) in subsection (7) the reference to a constable included a service policeman.

(2) Where an interim hospital order is made under section 38 of the 1983 Act as modified by this paragraph, the references in section 40(3) of that Act to an offender are to be read in accordance with sub-paragraph (1)(b) above.

SCHEDULE 5

Part 1 — Service community orders

General

1

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Breach of requirement of order

2

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3

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Revocation of order

4

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Amendment of order

5

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6

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Powers of civilian courts in relation to order following subsequent conviction

7

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Re-sentencing powers

8

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9

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Part 2 — Overseas community orders

General

10

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11

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Breach of requirement of order

12

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13

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14

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Revocation of order

15

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Amendment of order

16

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17

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Powers in relation to order following subsequent conviction

18

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19

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Supplementary provisions relating to orders

20

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21

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Court Martial rules

22

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Appeals

23

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SCHEDULE 6

Unpaid work requirement

1

An unpaid work requirement, as defined by paragraph 1(1) of Schedule 9 to the Sentencing Code, may not be included in an overseas community order if the offender is aged under 16 on conviction.

Exclusion requirement

2

Where an exclusion requirement, as defined by paragraph 11(1) of Schedule 9 to the Sentencing Code, is included in an overseas community order made in respect of an offender aged under 18 on conviction, the period specified in the order must not exceed three months.

Residence requirement

3

(1) In relation to an overseas community order made in respect of an offender aged under 18 on conviction, paragraph 13 of Schedule 9 to the Sentencing Code has effect as if—

(a) in sub-paragraph (1)(a), after “place”)” there were inserted “ or with a particular individual (“the required individual”) ”;

(b) in sub-paragraph (2)(a)(i), after “place” there were inserted “ or individual ”.

(2) A requirement that a person reside with an individual must not be included in an overseas community order unless the individual has consented to the requirement.

(3) Paragraph 14 of Schedule 9 to the Sentencing Code (requirement to consider home surroundings of offender) does not apply in relation to a requirement in an overseas community order that a person reside with an individual.

(4) A requirement that a person reside at a particular place must not be included in an overseas community order if the offender is aged under 16 on conviction.

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

Mental health requirement

4

(1) In paragraph 17(1) of Schedule 9 to the Sentencing Code as it applies in relation to an overseas community order, paragraph (c) (consent condition) does not apply if the offender is aged under 14.

(2) In paragraph 18 of Schedule 9 to the Sentencing Code as it applies in relation to an overseas community order (mental health treatment at place not specified in order), sub-paragraph (3) (expression of willingness of offender necessary before alternative arrangements may be made) does not apply if the offender is aged under 14.

Drug rehabilitation requirement

5

(1) In relation to an overseas community order made in respect of an offender aged under 18 on conviction, paragraph 19(1) of Schedule 9 to the Sentencing Code (drug rehabilitation requirement) has effect as if paragraph (b) (requirement to provide samples) were omitted.

(2) But sub-paragraph (1) does not apply where—

(a) the offender is aged 14 or over; and

(b) has expressed his willingness to provide samples as mentioned in paragraph 19(1)(b) of Schedule 9 to the Sentencing Code.

(3) In paragraph 20(1) of Schedule 9 to the Sentencing Code as it applies in relation to an overseas community order, paragraph (d) (consent condition) does not apply if the offender is aged under 14.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Alcohol treatment requirement

6

An alcohol treatment requirement, as defined by paragraph 23(1) of Schedule 9 to the Sentencing Code, may not be included in an overseas community order if the offender is aged under 18 on conviction.

Education requirement

7

(1) An overseas community order made in respect of an offender aged under 18 on conviction may include a requirement (an “education requirement”) requiring the offender to comply, during a period or periods specified in the order, with arrangements for his education—

(a) made for the time being by his parent or guardian; and

(b) approved by Service Children's Education (“SCE”).

(2) A court may not include an education requirement in an overseas community order unless it has consulted SCE and is satisfied—

(a) that, in the view of SCE, arrangements exist for the offender to receive efficient full-time education suitable to his age, ability and aptitude and to any special educational need he may have; and

(b) that, having regard to the circumstances of the case, the inclusion of the requirement is necessary for securing the good conduct of the offender or for preventing the commission of further offences.

(3) Any period specified in an overseas community order as one during which the offender must comply with arrangements made for his education must not include any period after he has ceased to be of compulsory school age (within the meaning of section 8 of the Education Act 1996 (c. 56)).

(4) An education requirement under this paragraph may (despite section 182(1)(a)) be the only requirement imposed by an overseas community order.

Power to amend

8

The powers of the Secretary of State under paragraph 13 of Schedule 23 to the Sentencing Act 2020 (powers to amend limits) include power by order to amend paragraph 2 of this Schedule by substituting for the maximum period for the time being specified in that paragraph such other period as may be specified in the order.

SCHEDULE 7

Part 1 — Introductory

Suspended sentence order with community requirements

1

Schedule 16 to the Sentencing Code (breach or amendment of suspended sentence order, and effect of further conviction) applies to a suspended sentence order made by a relevant service court with the following modifications.

Suspended sentence order without community requirements

2

Part 1 (preliminary) has effect as if—

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

“the appropriate court” means the Crown Court;

;

(b) at the end of paragraph 1(1) there were inserted—

“relevant service court” has the same meaning as in Chapter 4 of Part 8 of the Armed Forces Act 2006 (see section 207 of that Act); “service offence” has the same meaning as in the Armed Forces Act 2006 (see section 50 of that Act).

;

Meaning of “court”

3

Part 2 (breach of community requirement or conviction of further offence) has effect as if—

(a) in paragraph 6(4)(c), for “a court” there were substituted “ the Crown Court ”;

(b) in paragraph 7, for paragraph (b) there were substituted—

(b) where appropriate, cause an information to be laid before the Crown Court in respect of the offender's breach of the requirement.

;

(d) in paragraph 9—

(i) in the heading, the words “Crown Court order:” were omitted;

(ii) in sub-paragraph (1), for “Crown Court order” there were substituted “ suspended sentence order made by a relevant service court ”;

(e) paragraph 10 were omitted;

(f) paragraphs 11 to 15 were modified as set out in paragraphs 4 to 8 of this Schedule;

(g) after paragraph 15 there were inserted the paragraph 15A set out in paragraph 9 of this Schedule;

(h) paragraphs 17 to 19 were modified as set out in paragraphs 10 to 12 of this Schedule;

(i) paragraph 20 were omitted.

Part 2 — Modifications referred to in Part 1

Breach of community requirements

4

Paragraph 11 (offender before magistrates' court: further conviction) has effect as if—

(a) sub-paragraph (1) were omitted;

(b) in sub-paragraph (2), for the words from “made” to the end, there were substituted “made by a relevant service court, the magistrates' court must notify the appropriate officer of the Court Martial of the conviction.”;

5

Paragraph 12 (offender before Crown Court: breach of community requirement or further conviction) has effect as if—

(a) in the heading, after “Crown Court” there were inserted “ , Court Martial or Service Civilian Court ”;

(b) in sub-paragraph (1)(b), the words “or (3)” were omitted;

(d) for sub-paragraph (3) there were substituted—

(3) Where— (a) an offender to whom a suspended sentence order relates is convicted of a service offence or an offence under the law of any part of the British Islands that was committed during the operational period of the order, (b) the suspended sentence order has not taken effect, and (c) either— (i) the offender is so convicted by the Crown Court, the Court Martial or the Service Civilian Court, or (ii) the offender subsequently appears or is brought before the Court Martial, the court must deal with the case under paragraph 13. (3A) Anything that under section 376(1) and (2) of the Armed Forces Act 2006 is treated as a conviction for the purposes of that Act is also to be treated as a conviction for the purposes of sub-paragraph (3).

Conviction of further offence

6

Paragraph 13 (powers of court to deal with offender on breach of requirement or subsequent conviction) has effect as if—

(a) in sub-paragraph (1)—

(i) in the opening words, for “a court” there were substituted “ the Crown Court, the Court Martial or the Service Civilian Court ”;

(ii) in paragraph (c), at the beginning there were inserted “where the court dealing with the offender is the Crown Court,”;

(b) sub-paragraph (2) were omitted.

7

Paragraph 14 (exercise of power in paragraph 13: duty to make activation order where not unjust) has effect as if—

(a) in sub-paragraph (1), for “The court” there were substituted “ The Crown Court, the Court Martial or the Service Civilian Court ”;

(b) in sub-paragraph (2)(b), the words “11 or” were omitted.

8

Paragraph 15 (activation orders: further provision) has effect as if—

(a) in the heading, after “orders” there were inserted “ made by the Crown Court ”;

(b) in sub-paragraph (1), for “a court” there were substituted “ the Crown Court ”;

(3) For the purpose of any enactment conferring rights of appeal against sentence in criminal cases— (a) the activation order is to be treated as a sentence passed on the offender by the Crown Court for the offence for which the suspended sentence was passed, and (b) the offender is to be treated as if he or she had been convicted on indictment of that offence.

;

(d) in sub-paragraph (4) at the end there were inserted “and a custodial sentence within the meaning of the Armed Forces Act 2006 (see section 374 of that Act)”.

Activation of suspended sentence: appeals etc

9

(1) Where an order under paragraph 8(2)(a) or (b) of that Schedule is made by the Court Martial or the Service Civilian Court, paragraph 9 of that Schedule has effect as if—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for sub-paragraphs (2) and (3) there were substituted—

(2) The reference in sub-paragraph (1)(b) to another term of imprisonment does not include a term from which the offender has been released early under Chapter 6 of Part 12 of this Act or under Part 2 of the Criminal Justice Act 1991. (3) For the purposes of sections 285 to 287 of the Armed Forces Act 2006 (appeals from Service Civilian Court) or, as the case may be, the Court Martial Appeals Act 1968 (c. 20)— (a) an order made by the Court Martial or the Service Civilian Court under paragraph 8(2)(a) or (b) is to be treated as a sentence passed on the offender, by the court that made that order, for the offence for which the suspended sentence was passed; and (b) if the offender was not convicted of that offence by that court he is to be treated for the purpose of enabling him to appeal against the order as if he had been so convicted. (4) For the purposes of any appeal against the order, references in section 16A of the Court Martial Appeals Act 1968 to passing a sentence include making an order.

(2) Where an order under paragraph 8(2)(a) or (b) of that Schedule is made by the Crown Court in relation to a suspended sentence passed by a relevant service court, paragraph 9 of that Schedule has effect as if for sub-paragraph (3) there were substituted—

(3) For the purposes of any enactment conferring rights of appeal against sentence in criminal cases— (a) an order made by the Crown Court under paragraph 8(2)(a) or (b) is to be treated as a sentence passed on the offender by the Crown Court for the offence for which the suspended sentence was passed; and (b) the offender is to be treated as if he had been convicted on indictment of that offence.

SCHEDULE 8

1

The Courts-Martial (Appeals) Act 1968 (c. 20) is amended as follows.

2

For the heading to Part 1 substitute “ THE COURT MARTIAL APPEAL COURT ”.

3

In section 1(1) (the court) for the words from the beginning to “air-force courts-martial,” substitute “ The Court Martial Appeal Court ”.

4

In section 4 (sittings) omit subsection (2).

5

In section 5 (constitution of court for particular sittings), in subsection (3)(a)(iii) at the end insert “ or that the defendant did the act or made the omission charged against him ”.

6

For the heading to Part 2 substitute “ APPEALS FROM THE COURT MARTIAL ”.

7

In section 8 (right of appeal against conviction or sentence)—

(a) in subsection (1)—

(i) for “court-martial” substitute “ the Court Martial ”;

(ii) in paragraph (b) at the end add “ , whether passed on conviction or in subsequent proceedings ”;

(b) omit subsections (1A) to (4).

8

Omit section 10 (alternative procedure for appeal from court-martial abroad).

9

In section 11(1) (consideration of application by Appeal Court) omit “the Judge Advocate of Her Majesty's Fleet or”.

10

In section 12 (power to quash conviction as unsafe)—

(a) in subsection (1)(a) for “court-martial” substitute “ the Court Martial ”;

(b) after subsection (2) add—

(3) Where the Appeal Court quash a conviction, the appellant is to be treated as if he had been acquitted by the Court Martial; but this does not apply if an order under section 19 authorising the appellant to be retried is made.

11

For section 13 (adjustment of sentence in case of conviction on two or more charges) substitute—

(13) (1) This section applies where— (a) on a single occasion a person is sentenced by the Court Martial in respect of two or more offences; and (b) the Appeal Court allow an appeal against conviction in respect of some but not all of the offences. (2) The Court may in respect of any offence of which the appellant remains convicted pass, in substitution for the sentence passed by the Court Martial, any sentence that— (a) they think appropriate; and (b) is a sentence that the Court Martial had power to pass. (3) But the Court may not exercise their powers under subsection (2) in such a way that the appellant's sentences (taken together) for all the offences of which he remains convicted are more severe than the sentences (taken together) passed on him by the Court Martial on the occasion mentioned in subsection (1)(a). (4) The reference in subsection (3) to the sentences passed by the Court Martial includes those passed by that court in respect of offences as respects which appeals against conviction have been allowed.

12

(1) Section 14 (substitution of conviction on different charge) is amended as follows.

(2) In the sidenote, at the end add “ otherwise than after guilty plea ”.

(3) For subsection (1) substitute—

(1) This section applies where— (a) an appellant has been convicted of an offence to which he did not plead guilty; (b) the Court Martial could lawfully have found him guilty of some other offence; and (c) it appears to the Appeal Court on an appeal against conviction that the Court Martial must have been satisfied of facts which prove him guilty of that other offence.

(4) In subsection (2)—

(a) for “court-martial” in both places substitute “ Court Martial ”;

(b) for the words from “such sentence as” to the end substitute

any sentence that— (a) they think appropriate; (b) is a sentence that the Court Martial would have had power to pass in respect of that other offence; and (c) is not more severe than the sentence passed by the Court Martial.

13

In section 14A (substitution of conviction on different charge after guilty plea), in subsection (2) for the words from “court-martial” to the end substitute

Court Martial, any sentence that— (a) they think appropriate; (b) is a sentence that the Court Martial would have had power to pass in respect of that other offence; and (c) is not more severe than the sentence passed by the Court Martial.

14

Omit section 15 (variation of conviction so as to attract different sentence).

15

In section 16 (substitution of finding of insanity etc)—

(a) in subsection (1) after “are of” insert “ the ”;

(b) for subsections (2) to (4) substitute—

(1A) The Appeal Court shall, instead of allowing or dismissing the appeal, substitute for the finding appealed against— (a) a finding of not guilty by reason of insanity; or (b) findings that the appellant was unfit to stand trial and that he did the act or made the omission charged against him. (2) Sections 169(2) to (5) and 170 of, and Schedule 4 to, the 2006 Act apply (with any necessary modifications) in relation to the Appeal Court as they apply in relation to the Court Martial in a case in which section 169 of that Act applies. (3) Section 172 of that Act (meaning of “duly approved” etc) applies for the purposes of this section (and references there to the defendant are to be read as references to the appellant).

;

(d) omit subsection (6).

16

For section 16A (powers on appeals against sentence) substitute—

(16A) (1) Where, on a single occasion, the Court Martial passes two or more sentences on a person, an appeal or application for leave to appeal against any of those sentences is to be treated as an appeal or application in respect of both or all of them. (2) On an appeal against sentence the Appeal Court may quash the sentence passed by the Court Martial and pass in substitution for it any sentence that— (a) they think appropriate; and (b) is a sentence that the Court Martial had power to pass in respect of the offence. (3) But the Court may not exercise their powers under subsection (2) in such a way that, taking the case as a whole, the appellant is dealt with more severely on appeal than he was dealt with by the Court Martial.

17

In section 17 (sentences passed by the Appeal Court)—

(a) in the sidenote for “or 15” substitute “ , 14A or 16A ”;

(b) for subsection (1) substitute—

(1) Unless the Court otherwise direct, a sentence passed by the Appeal Court under section 13, 14, 14A or 16A takes effect from the beginning of the day on which the Court Martial passed sentence.

;

18

Omit section 17A (application of certain provisions of SDAs in relation to appeals by civilians).

19

Omit section 18 (retrial generally excluded).

20

In section 19 (power to authorise retrial in certain cases)—

(a) in subsection (1) for “court-martial” substitute “ the Court Martial ”;

(b) in subsection (2) for the words from “the restrictions” to the end substitute “ section 63 of the 2006 Act (service proceedings barring subsequent service proceedings). ”;

(i) for the words from the beginning to “other than” substitute “ An order under this section may authorise the appellant to be retried for ”;

(ii) in paragraph (a) for “original court-martial” substitute “ Court Martial ”;

(iii) in paragraph (b) for “at the original court-martial” substitute “ by the Court Martial ”;

(iv) in paragraph (c) for “court-martial” substitute “ Court Martial ”;

(d) in subsection (4) for the words from “but whether” to the end substitute “ if any such direction is made the Director of Service Prosecutions must bring the charge or charges so specified (which are to be regarded for the purposes of Part 5 of the 2006 Act as allocated for Court Martial trial). ”;

(e) after that subsection add—

(5) Section 125 of the 2006 Act (powers of DSP after charge) has effect in relation to a charge on which a person is to be retried under this section (whether or not a fresh charge) subject to such modifications as may be contained in Court Martial rules (within the meaning of that Act).

21

In section 20 (implementation of authority for retrial etc)—

(a) for subsection (1) substitute—

(1) Where— (a) an order under section 19 authorising the retrial of a person has been made, and (b) the person has not been arraigned (in pursuance of the order) within three months beginning with the date of the order, the person may not be arraigned unless the Appeal Court give leave. (1A) A person who may not be arraigned without the leave of the Appeal Court may apply to the Court to set aside the order under section 19. (1B) On an application under subsection (1) or (1A) the Appeal Court may— (a) grant leave to arraign; or (b) set aside the order under section 19. (1C) But leave to arraign may be granted only if the Appeal Court are satisfied— (a) that the prosecution has acted with all due expedition; and (b) that there is a good and sufficient reason for a retrial in spite of the lapse of time since the order under section 19 was made. (1D) Where an order under section 19 authorising the retrial of a person for an offence is set aside, the person is to be treated as if he had been acquitted by the Court Martial of the offence. (1E) Where the Appeal Court authorise the retrial of a person they may— (a) by order authorise the keeping of that person in service custody— (i) for such period, ending not later than 8 days after the date the order is made, as the Court think appropriate; or (ii) if the person is legally represented and consents, for such period, not exceeding 28 days, as the Court think appropriate; or (b) require that person to comply with such requirements as seem to the Court to be necessary for a purpose mentioned in section 107(3) of the 2006 Act. (1F) Where the person is in service custody the Appeal Court may under subsection (1E)(b) impose a requirement that must be complied with before the person may be released. (1G) An order under subsection (1E)(a) is to be treated, for the purposes of Part 4 of the 2006 Act, as made under section 105(2) of that Act. (1H) A requirement imposed under subsection (1E)(b) is to be treated, for the purposes of Part 4 of the 2006 Act, as imposed under section 107(3) of that Act (and, where appropriate, by virtue of section 107(3)(a) of that Act).

;

(b) after subsection (2) insert—

(2A) In subsection (2) “relevant time” means— (a) where arraignment takes place within the three months referred to in subsection (1)— (i) if the defendant is convicted on his retrial, the end of 28 days beginning with the date of conviction; (ii) otherwise, the time when the case is finally disposed of; (b) where arraignment does not take place within those three months, the end of those three months.

;

(i) for “a direction” substitute “ an order or direction ”;

(ii) after “that” insert “ order or ”;

(d) after that subsection insert—

(3A) In subsection (3) “relevant time” means— (a) where arraignment takes place within the three months referred to in subsection (1), the time when the case is finally disposed of; (b) otherwise, the end of those three months.

;

(e) in subsection (4) for “Part VI of the Mental Health (Scotland) Act 1984” substitute “ the Mental Health (Care and Treatment) (Scotland) Act 2003 ”;

(f) omit subsection (5);

(g) in subsection (6) omit the words from “of this Act” to the end.

22

In section 21 (appeal against finding of not guilty by reason of insanity)—

(a) in subsection (1)—

(i) for “court-martial” substitute “ the Court Martial ”;

(ii) omit the words from “; and in relation to” to the end;

(b) after that subsection insert—

(1A) On an appeal under this section the Appeal Court— (a) shall (subject to subsection (2)) allow the appeal if they think the finding is unsafe; and (b) shall dismiss the appeal in any other case. (1B) Sections 19 and 20 and paragraph 2 of Schedule 1 apply in relation to appeals under this section as they apply in relation to appeals against conviction (and references there to conviction, and to related expressions, are to be read accordingly).

;

23

In section 22 (consequences where appeal under section 21 allowed)—

(a) in subsection (2)—

(i) before “opinion” insert “ the ”;

(ii) for “court-martial” in both places substitute “ Court Martial ”;

(b) in subsection (3)—

(i) for “court-martial which tried him” substitute “ Court Martial ”;

(ii) for the words “section 13, 14 or 15 of this Act” substitute “ a provision mentioned in section 17(1) ”;

(3A) If the Appeal Court, on the written or oral evidence of two or more registered medical practitioners at least one of whom is duly approved, are of the opinion mentioned in section 16(1)(b) (court below ought to have found defendant unfit to stand trial etc)— (a) the Court shall substitute for the finding of the Court Martial findings that the appellant was unfit to stand trial and that he did the act or made the omission charged against him; and (b) section 16(2) to (5) apply as they apply for the purposes of section 16. (3B) Section 172 of the 2006 Act (meaning of “duly approved” etc) applies for the purposes of subsection (3A) (and references there to the defendant are to be read as references to the appellant). (4) If the case is not within subsection (2) or (3A), the Appeal Court must quash the finding appealed against. (5) Where the Appeal Court quash a finding of not guilty by reason of insanity, the appellant is to be treated as if he had been acquitted by the Court Martial; but this does not apply if an order under section 19 authorising the appellant to be retried is made.

24

Omit section 23 (substitution of finding of unfitness to stand trial etc).

25

In section 24 (appeal against finding of unfitness)—

(a) in subsection (1) for “a court-martial” substitute “ the Court Martial ”;

(b) omit subsection (2).

26

(1) Section 25 (disposal of appeals under section 24) is amended as follows.

(2) After subsection (1) insert—

(1A) The Appeal Court— (a) shall allow an appeal against a finding if they think the finding is unsafe; and (b) shall dismiss such an appeal in any other case. (1B) If the Appeal Court allow an appeal against a finding they shall quash the finding.

(3) In subsection (2)—

(a) for “allow an appeal against” substitute “ quash ”;

(b) in paragraph (a) for “appellant may be tried accordingly” substitute “ Court may make an order authorising the appellant to be tried ”;

(b) if such an order is made, section 20 and paragraph 2 of Schedule 1 apply in relation to the case as they apply in relation to a case in which an order under section 19 is made (and references there to conviction, and to related expressions, are to be read accordingly).

(4) For subsection (3) substitute—

(3) Where the Appeal Court quash a finding that the defendant did the act or made the omission charged, the appellant is to be treated as if he had been acquitted by the Court Martial; but this does not apply if an order under subsection (2)(a) authorising the appellant to be tried is made.

27

For section 25A (right of appeal against hospital order etc) substitute—

(25A) (1) A person may, with the leave of the Appeal Court, appeal against the making by the Court Martial of an order within subsection (2) in respect of him. (2) The orders are— (a) a hospital order; (b) an interim hospital order; (c) a service supervision order (as defined by section 170 of the 2006 Act).

28

In section 25B (disposal of appeals under section 25A)—

(a) in subsections (1) and (2) for “court below” in each place substitute “ Court Martial ”;

(b) in subsection (2) omit “under the Mental Health Act 1983”;

(3) Section 16(5) applies in relation to interim hospital orders made by virtue of this section as it applies in relation to such orders made by virtue of section 16. (4) The fact that an appeal is pending against a service supervision order (as defined by section 170 of the 2006 Act) shall not affect any power conferred on any other court to revoke or amend the order.

29

Omit section 26 (presentation of appellant's case).

30

For section 27 (presence of appellant at hearing) substitute—

(27) (1) An appellant (whether or not in custody) is entitled to be present on the hearing of his appeal. (2) Subsection (1) does not apply to an appellant in custody— (a) where his appeal is on a ground involving only a question of law, (b) on an application by him for leave to appeal, or (c) on any proceedings preliminary or incidental to an appeal, unless the Appeal Court give him leave to be present.

31

In section 28 (evidence)—

(a) in subsection (1)—

(i) in paragraph (b), for “at the trial” in the first place where it occurs substitute “ in the proceedings from which the appeal lies ” and in the second place where it occurs substitute “ in those proceedings ”;

(ii) in paragraph (c) for “at the trial” substitute “ in the proceedings from which the appeal lies ”;

(b) in subsection (2)—

(i) in paragraph (c) for “at the trial” substitute “ in the proceedings from which the appeal lies ”;

(ii) in paragraph (d) for “at the trial” substitute “ in those proceedings ”.

32

In section 29 (power to call for report by member of trial court)—

(a) in the sidenote for “trial court” substitute “ the Court Martial ”;

(b) in subsection (1) for the words from “court-martial” to “trial,” substitute “ court in the proceedings from which the appeal lies ”;

33

In section 31 (costs of successful appeal) in subsection (2), for the words from “case” to the end substitute “ proceedings (in the Appeal Court and below). ”

34

In section 32 (costs against appellant) in subsection (2) for paragraph (b) substitute—

(b) if the appellant or applicant is a member of the regular or reserve forces (as defined by section 374 of the 2006 Act), by making deductions from pay due to him,

35

In section 33 (witnesses' expenses) after subsection (1) insert—

(1A) Subsection (1) applies in relation to a registered medical practitioner who makes a written report to the Appeal Court in pursuance of a request made by the court as it applies in relation to a person who is called to give evidence at the instance of the court.

36

In section 34 (reference of cases by service authorities)—

(a) in subsection (1)—

(i) for “court-martial” in the first place where it occurs substitute “ the Court Martial ” and in the other three places where it occurs substitute “ Court Martial ”;

(ii) in paragraph (a) omit “the Judge Advocate of Her Majesty's Fleet or”;

(iii) for “the Judge Advocate of Her Majesty's Fleet, the Judge Advocate General” substitute “ the Judge Advocate General ”;

(b) omit subsection (3);

37

In section 36 (powers exercisable by single judge) in subsection (1)—

(a) omit “under this Part of this Act”;

(b) omit paragraph (a);

(ca) to make orders, or impose requirements, under section 20(1E);

;

(d) in paragraph (g) omit the words from “and the power” to the end;

(e) after paragraph (h) insert—

(i) to give a direction under section 3(4) of the Sexual Offences (Amendment) Act 1992 (direction disapplying provision as to anonymity of victim); (j) to give leave under section 14(4B) of the Criminal Appeal Act 1995 (leave to add grounds of appeal on reference by Criminal Cases Review Commission);

38

In section 36C (appeals against procedural directions) in subsection (5)(b)—

(a) for “Defence Council” substitute “ Director of Service Prosecutions ”;

(b) for “Defence Council's” substitute “ Director of Service Prosecutions' ”.

39

For section 37 (provision of documents relating to trial) substitute—

(37) In the case of every appeal or application for leave to appeal to the Appeal Court, the Judge Advocate General must provide the registrar, in accordance with rules of court, with a record of the proceedings of the Court Martial.

40

In section 38 (defence of appeals) for “Defence Council” substitute “ Director of Service Prosecutions ”.

41

For the heading to Part 3 substitute “ APPEAL FROM COURT MARTIAL APPEAL COURT TO SUPREME COURT ”.

42

In section 39 (right of appeal to Supreme Court) in subsection (1) for “Defence Council” substitute “ Director of Service Prosecutions ”.

43

In section 43 (detention of accused)—

(a) for subsection (1) substitute—

(1) The Appeal Court may make an order under this section where— (a) but for the decision of the Appeal Court, the accused would be liable to be detained; and (b) immediately after that decision, the Director of Service Prosecutions is granted leave to appeal or gives notice that he intends to apply for leave to appeal. (1A) An order under this section is— (a) an order providing for the detention of the accused so long as any appeal to the Supreme Court is pending; or (b) an order directing that, so long as any appeal to the Supreme Court is pending, the accused is not to be released except on bail. (1B) Where an order within subsection (1A)(b) is made, the Appeal Court may grant the accused bail pending the appeal.

;

(b) in subsection (4) for “Mental Health (Scotland) Act 1984” substitute “ Mental Health (Care and Treatment) (Scotland) Act 2003 ”.

44

Omit section 46 (restitution of property).

45

In section 47 (costs)—

(a) in subsection (1) for “Secretary of State” in the first place where it occurs substitute “ Director of Service Prosecutions ”;

(b) in subsection (3) for the words from “case up to” to the end substitute “ proceedings (in the Supreme Court and below). ”

46

(1) Section 48A (appeals on behalf of deceased persons) is amended as follows.

(2) In subsection (1)(b) after “above” insert “ or by a reference by the Criminal Cases Review Commission ”.

(3) In subsection (3)(c) for “Court of Appeal” substitute “ Appeal Court ”.

(4) In subsection (4) at the beginning insert “ Except in the case of an appeal begun by a reference by the Criminal Cases Review Commission, ”.

47

In section 50 (duties of registrar with respect to appeals etc)—

(a) in subsection (1) for “court-martial by which the appellant or applicant was tried” substitute “ Court Martial ”;

(b) in subsection (2) for “court-martial” substitute “ the Court Martial ”.

48

In section 52 (removal of prisoners) for paragraphs (a) to (c) substitute—

(a) section 300 of the 2006 Act;

49

In section 54 (saving for prerogative) in subsection (1) for “court-martial” substitute “ the Court Martial ”.

50

For section 56 substitute—

(56) As respects a protected prisoner of war (as defined by section 7(1) of the Geneva Conventions Act 1957), this Act applies in relation to a prisoner of war court-martial constituted under a Royal Warrant as it applies in relation to the Court Martial, subject to such modifications as may be contained in the Royal Warrant.

51

(1) Section 57 (interpretation) is amended as follows.

(2) In subsection (1)—

(a) after “unless the context otherwise requires,—” insert—

“the 2006 Act” means the Armed Forces Act 2006;

;

(b) omit the definitions of—

“the Air Force Act”;

“air force court-martial”;

“the Army Act”;

“army court-martial”;

“court-martial”;

“duly approved”;

“the Judge Advocate General”;

“judicial officer”;

“the Naval Discipline Act”;

“naval court-martial”;

“restriction order”;

“supervision order”;

(d) after the definition of “court-martial” (omitted by virtue of sub-paragraph (b)) insert—

“Director of Service Prosecutions” has the meaning given by section 374 of the 2006 Act;

(3) Omit subsections (2) to (2B).

(4) In subsection (3) for the words from “the accused in the court-martial” to the end substitute “ the appellant in the Appeal Court. ”

52

Omit section 58 (consequential amendments).

53

In section 61 (short title and commencement), in subsection (1) for “Courts-Martial (Appeals) Act 1968” substitute “ Court Martial Appeals Act 1968 ”.

54

For Schedule 1 (provisions as to retrial) substitute—

SCHEDULE 1 (1) This Schedule applies where an order under section 19 is made authorising the retrial of a person. (2) Evidence given at the retrial must be given orally if it was given orally at the original trial, unless— (a) all parties to the retrial agree otherwise; (b) section 116 of the Criminal Justice Act 2003 applies (admissibility of hearsay evidence where a witness is unavailable); or (c) the witness is unavailable to give evidence, otherwise than as mentioned in subsection (2) of that section, and section 114(1)(d) of that Act applies (admission of hearsay evidence under residual discretion). (3) If the person is convicted on the retrial, the Court Martial may not pass a sentence that is (or sentences that, taken together, are) more severe than the sentence (or the sentences, taken together) passed at the original trial. (4) In sections 246 and 247 of the 2006 Act (crediting of time in service custody) as they apply in relation to the retrial, references to the offender being kept in service custody include references to his being kept in custody (whether service or otherwise) in pursuance of a sentence passed at the original trial.

55

Omit Schedule 3 (modifications in relation to prisoners of war).

56

Omit Schedule 4 (consequential amendments).

SCHEDULE 9

1

(1) A person is qualified for appointment as an assessor for the purposes of section 276 if he—

(a) has a seven 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;

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

(d) holds or has held judicial office in any part of the United Kingdom;

(e) is a member (whether the chairman or not) of the Criminal Injuries Compensation Board; or

(f) 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 seven years, and is subject to punishment or disability for breach of professional rules.

(2) In this paragraph “relevant territory” means—

(a) any of the Channel Islands;

(b) the Isle of Man;

(d) a British overseas territory.

2

A person shall hold and vacate office as an assessor in accordance with the terms of his appointment.

3

A person shall vacate office as an assessor—

(a) if he ceases to be qualified for appointment as an assessor, or

(b) on attaining the age of 72,

unless the Secretary of State considers that it is in the interests of the efficient operation of section 276 that he should continue to hold office.

4

A person may at any time resign his office as an assessor by notice in writing given to the Secretary of State.

5

Subject to paragraph 6, the Secretary of State may at any time remove a person from office as an assessor if satisfied that—

(a) he has been convicted of a criminal offence;

(b) he has become bankrupt, has made an arrangement with his creditors, has had his estate sequestrated or has granted a trust deed for his creditors or a composition contract; ...

(ba) has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986); or

6

(1) The exercise of the power conferred by paragraph 5 is subject to the following provisions of this paragraph.

(2) In the case of a person who qualifies for appointment under—

(a) paragraph 1(1)(a), or

(b) paragraph 1(1)(d) by virtue of holding or having held judicial office in England and Wales,

that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of England and Wales.

(3) In the case of a person who qualifies for appointment under—

(a) paragraph 1(1)(b), or

(b) paragraph 1(1)(d) by virtue of holding or having held judicial office in Scotland,

that power shall only be exercisable with the consent of the Lord President of the Court of Session.

(4) In the case of a person who qualifies for appointment under—

(a) paragraph 1(1)(c), or

(b) paragraph 1(1)(d) by virtue of holding or having held judicial office in Northern Ireland,

that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of Northern Ireland.

7

An assessor shall be paid such remuneration and allowances as the Secretary of State may determine.

SCHEDULE 10

Court to sit in public

1

Subject to any provision made by SCC rules, the Service Civilian Court must sit in open court.

Unfitness to stand trial and insanity

2

Where on a trial of a charge by the Service Civilian Court any question arises (whether at the instance of the defence or otherwise)—

(a) whether the defendant is fit to stand trial, or

(b) where it appears that the defendant did the act or made the omission charged against him as the offence, whether he was insane at the time of the act or omission,

the court must refer the charge to the Court Martial for trial by that court.

Privilege of witnesses and others

3

A witness before the Service Civilian Court or any other person whose duty it is to attend the court is entitled to the same immunities and privileges as a witness before a magistrates' court in England or Wales.

SCHEDULE 11

Amendment of the Court Martial Appeals Act 1968

1

After section 29 of the Court Martial Appeals Act 1968 insert—

(29A) (1) On an appeal against conviction or an application for leave to appeal against conviction, the Appeal Court may direct the Criminal Cases Review Commission to investigate and report to the Court on any matter if it appears to the Court that— (a) in the case of an appeal, the matter is relevant to the determination of the appeal and ought, if possible, to be resolved before the appeal is determined; (b) in the case of an application for leave to appeal, the matter is relevant to the determination of the application and ought, if possible, to be resolved before the application is determined; (c) an investigation of the matter by the Commission is likely to result in the Court's being able to resolve it; and (d) the matter cannot be resolved by the Court without an investigation by the Commission. (2) A direction under subsection (1) above may not be given by a single judge, notwithstanding that, in the case of an application for leave to appeal, the application may be determined by a single judge as provided for by section 36 of this Act. (3) A direction by the Appeal Court under subsection (1) above shall be given in writing and shall specify the matter to be investigated. (4) Copies of such a direction shall be made available to the appellant and the respondent. (5) Where the Commission have reported to the Appeal Court on any matter which they have been directed under subsection (1) above to investigate, the Court— (a) shall notify the appellant and the respondent that the Commission have reported; and (b) may make available to the appellant and the respondent the report of the Commission and any statements, opinions and reports which accompanied it. (6) In this section “respondent” includes a person who will be a respondent if leave to appeal is granted.

Amendments of the Criminal Appeal Act 1995

2

After section 12 of the Criminal Appeal Act 1995 (c. 35) insert—

(12A) (1) Where a person has been convicted by the Court Martial (including on an appeal brought from the Service Civilian Court), the Commission— (a) may at any time refer the conviction to the Court Martial Appeal Court, and (b) (whether or not they refer the conviction) may at any time refer to the Court Martial Appeal Court any sentence (other than one fixed by law) imposed by the Court Martial on, or in subsequent proceedings relating to, the conviction. (2) Where a person has been convicted by the Service Civilian Court and sentenced by the Court Martial on an appeal against sentence only, the Commission may at any time refer to the Court Martial Appeal Court that sentence of the Court Martial and any other sentence imposed by the Court Martial in respect of a connected conviction within the meaning given by section 12B(6). (3) A reference under subsection (1) of a person's conviction shall be treated for all purposes as an appeal by the person under section 8 of the Court Martial Appeals Act against the conviction. (4) On a reference under subsection (1) of a person's conviction, the Commission may give notice to the Court Martial Appeal Court that any related conviction specified in the notice is to be treated as referred to that court under subsection (1). (5) A reference under subsection (1) of a sentence imposed on, or in subsequent proceedings relating to, a person's conviction shall be treated for all purposes as an appeal by the person under section 8 of the Court Martial Appeals Act against— (a) the sentence, and (b) any other sentence (other than one fixed by law) imposed by the Court Martial on, or in subsequent proceedings relating to, the conviction or any related conviction. (6) A reference under subsection (2) of a person's sentence shall be treated for all purposes as an appeal by the person under section 8 of the Court Martial Appeals Act against— (a) the sentence, and (b) any other sentence imposed by the Court Martial in respect of a connected conviction within the meaning given by section 12B(6). (7) Where a finding of not guilty by reason of insanity has been made by the Court Martial in the case of a person, the Commission may at any time refer the finding to the Court Martial Appeal Court; and a reference under this subsection shall be treated for all purposes as an appeal by the person under section 21 of the Court Martial Appeals Act against the finding. (8) Where the Court Martial has found that a person is under a disability and that he did the act or made the omission charged against him, the Commission may at any time refer either or both of those findings to the Court Martial Appeal Court; and a reference under this subsection shall be treated for all purposes as an appeal by the person under section 24 of the Court Martial Appeals Act against the finding or findings referred. (9) For the purposes of this section convictions are “related” if they are of the same person in the same proceedings. (12B) (1) Where a person has been convicted of an offence by the Service Civilian Court, the Commission— (a) may at any time refer the conviction to the Court Martial; and (b) (whether or not they refer the conviction) may at any time refer to the Court Martial any sentence imposed by the Service Civilian Court on, or in subsequent proceedings relating to, the conviction. (2) A reference under subsection (1) of a person's conviction shall be treated for all purposes as an appeal by the person under section 285 of the Armed Forces Act 2006 against the conviction (whether or not he pleaded guilty). (3) A reference under subsection (1) of a sentence imposed on, or in subsequent proceedings relating to, a person's conviction shall be treated for all purposes as an appeal by the person under section 285 of the Armed Forces Act 2006 against— (a) the sentence, and (b) any other sentence imposed by the Service Civilian Court on, or in subsequent proceedings relating to, the conviction or any connected conviction. (4) On a reference under subsection (1) of a person's conviction, the Commission may give notice to the Court Martial that any connected conviction which is specified in the notice is to be treated as referred to the Court Martial under subsection (1). (5) On a reference under this section the Court Martial may not impose a sentence more severe than that imposed by the Service Civilian Court. (6) For the purposes of this section convictions are “connected” if they are of the same person by the same court on the same day.

3

In section 13(1) of that Act (conditions for making of references), for “12” substitute “ 12B ”.

4

(1) Section 14 of that Act (further provisions about references) is amended as follows.

(2) In subsection (1) for “12” substitute “ 12B ”.

(3) In subsection (2) for “12” substitute “ 12B ”.

(4) In subsection (3)—

(a) for “9 or 10” substitute “ 9, 10 or 12A ”;

(b) after “Court of Appeal”, in the first place where it occurs, insert “ or, as the case may be, of the Court Martial Appeal Court ”;

(5) In subsection (4) for “12” substitute “ 12B ”.

(6) In subsection (4A) for “9 or 10” substitute “ 9, 10 or 12A ”.

(7) In subsection (4B) after “Court of Appeal” insert “ or, as the case may be, the Court Martial Appeal Court ”.

(8) In subsection (5) for “11 or 12” substitute “ 11, 12 or 12B ”.

(9) In subsection (6) for “12” substitute “ 12B ”.

5

(1) Section 15 of that Act (investigations for Court of Appeal) is amended as follows.

(2) In the sidenote after “Court of Appeal” insert “ and Court Martial Appeal Court ”.

(3) In subsection (1)—

(a) after “a direction” insert “ (a relevant direction) ”;

(b) after “1980 Act” insert “ or by the Court Martial Appeal Court under section 29A(1) of the Court Martial Appeals Act, ”.

(4) In subsection (2) for “Court of Appeal” substitute “ relevant Court ”.

(5) In subsection (3)—

(a) in paragraph (a)—

(i) for “Court of Appeal” substitute “ relevant Court ”;

(ii) for the words from “direction” to “1980 Act” substitute “ relevant direction ”;

(b) in paragraph (b) for “Court of Appeal” substitute “ relevant Court ”.

(6) In subsection (4)—

(a) for the words from “report to” to “1980 Act” substitute “ report to the relevant Court on the investigation of any matter specified in a relevant direction ”;

(b) for “Court of Appeal”, in the second place where it occurs, substitute “ relevant Court ”.

(7) After subsection (7) add—

(8) In this section “relevant Court”, in relation to a direction, means the court that gave the direction.

6

In section 16 of that Act (assistance in connection with prerogative of mercy), after subsection (2) add—

(3) In subsection (1) “conviction” includes a conviction by the Court Martial or the Service Civilian Court, and in subsection (2) “case” includes the case of such a conviction.

7

(1) Section 18 of that Act (Government documents etc relating to current or old cases) is amended as follows.

(2) In subsection (2) at the end of paragraph (b) add

or (c) is considering the case, or has at any earlier time considered the case, with a view to deciding whether to make a reference under section 34 of the Court Martial Appeals Act or whether to recommend the exercise of Her Majesty's prerogative of mercy in relation to a conviction by the Court Martial or the Service Civilian Court.

(3) After subsection (4) add—

(5) The Secretary of State shall, if required by the Commission to do so, give to the Commission any document or other material which— (a) contains representations made to him in relation to any case to which this subsection applies, or (b) was received by him in connection with any such case otherwise than from a person serving in a government department, and may give to the Commission any document or other material which is relevant to any such case but does not fall within paragraph (a) or (b). (6) Subsection (5) applies to a case if the Secretary of State is considering the case, or has at any earlier time considered the case, as mentioned in subsection (2)(c).

8

(1) Section 19 of that Act (power to require appointment of investigating officers) is amended as follows.

(2) In subsection (3) after “police” insert “ or Provost Marshal ”.

(3) In subsection (4)(b) for the words from “in another” to the end substitute “ either in another police force selected by the chief officer or in a service police force selected by him. ”.

(4) After subsection (4) insert—

(4A) A requirement under this section imposed on a Provost Marshal may be— (a) a requirement to appoint a person serving in the service police force in relation to which he is Provost Marshal, or (b) a requirement to appoint a person serving either in a police force selected by the Provost Marshal or in another service police force selected by him.

(5) In subsection (5)—

(a) for the words from “imposed” to “may be” substitute “ imposed otherwise than on a chief officer of police or a Provost Marshal may be ”;

(b) in paragraph (a) after “body” insert “ in relation to which the person on whom the requirement is imposed is the appropriate person ”;

(c) in paragraph (b) for the words from “police force” to “having” substitute “ police force or service police force, or in a public body (other than such a force) having ”.

(6) In subsection (6)—

(a) after “police force” insert “ or service police force ”;

(b) after “(4)” insert “ , (4A) ”.

9

(1) Section 22 of that Act (meaning of “public body” etc) is amended as follows.

(2) In subsection (4) (meaning of “the appropriate person”), after “means” insert “ , subject to subsection (4B) ”.

(3) After subsection (4) add—

(4A) Subsection (4B) applies in relation to— (a) the Royal Navy, the Royal Marines, the Royal Fleet Reserve, the Royal Naval Reserve and the Royal Marines Reserve, (b) the regular army (within the meaning of the Armed Forces Act 2006), the Army Reserve and the Territorial Army, and (c) the Royal Air Force, the Royal Air Force Reserve and the Royal Auxiliary Air Force. (4B) In relation to a public body mentioned in subsection (4A), “the appropriate person” means— (a) in section 17, the Secretary of State; (b) in sections 19 and 20— (i) in the case of a body mentioned in subsection (4A)(a), the Provost Marshal for the Royal Navy Police, (ii) in the case of a body mentioned in subsection (4A)(b), the Provost Marshal for the Royal Military Police, (iii) in the case of a body mentioned in subsection (4A)(c), the Provost Marshal for the Royal Air Force Police. (4C) In section 19 “service police force” has the same meaning as in the Armed Forces Act 2006.

10

(1) Section 30 of that Act is amended as follows.

(2) In subsection (1) after the definition of “the Commission” insert—

“the Court Martial Appeals Act” means the Court Martial Appeals Act 1968,

(3) In subsection (2) (meaning of “sentence”), after paragraph (d) add—

(e) in section 12A has the same meaning as in the Court Martial Appeals Act, (f) in section 12B has the same meaning as in section 285 of the Armed Forces Act 2006.

11

(1) In section 33 of that Act (extent), after subsection (4) add—

(5) Nothing in this section affects the extent of— (a) section 12A or 12B; (b) section 14(4A) and (4B) so far as relating to the Court Martial Appeal Court; or (c) section 14(5) so far as relating to the Service Civilian Court. (6) Section 384 of the Armed Forces Act 2006 (Channel Islands, Isle of Man and British overseas territories) applies in relation to the provisions mentioned in subsection (5) above as it applies in relation to that Act.

SCHEDULE 12

The relevant conditions

1

(1) In this Schedule references to the relevant conditions, in relation to a person, are to the following conditions.

(2) Condition A is that the person is suffering from mental disorder.

(3) Condition B is that the mental disorder is of such a nature or degree as to warrant his detention in a hospital for assessment or treatment for at least a limited period.

(4) Condition C is that it is necessary that the person be so detained—

(a) in the interests of his own health or safety; or

(b) with a view to the protection of others.

Order for person’s detention in overseas service hospital

2

(1) This paragraph has effect in relation to—

(a) a person subject to service law, or

(b) a civilian subject to service discipline,

outside the British Islands.

(2) Sub-paragraph (3) applies if it appears to the person's commanding officer that all the relevant conditions are met in the case of the person and—

(a) two registered medical practitioners make recommendations that an order under that sub-paragraph should be made in relation to the person; or

(b) the case is urgent and one registered medical practitioner makes a recommendation that such an order should be made in relation to the person.

(3) The commanding officer may make an order—

(a) in a case where, at the time the order is made, the person has been admitted to an overseas service hospital and has not been discharged—

(i) for the person's detention in that service hospital for assessment or treatment; or

(ii) for the person's admission to and detention in another overseas service hospital specified in the order for assessment or treatment;

(b) otherwise, for the person's admission to and detention in an overseas service hospital specified in the order for assessment or treatment.

(4) Sub-paragraph (5) applies if—

(a) the person's commanding officer makes an order under sub-paragraph (3) for the person's detention in (or admission to and detention in) a service hospital on the recommendation of one registered medical practitioner; and

(b) while the order is in force, there is produced to him a recommendation of another registered medical practitioner that an order under sub-paragraph (5) should be made in relation to the person.

(5) The commanding officer may make an order—

(a) for the person's further detention in that service hospital for assessment or treatment; or

(b) for the person's admission to and detention in another overseas service hospital specified in the order for assessment or treatment.

(6) See paragraph 4 for requirements as to recommendations under this paragraph.

Effect of order under paragraph 2

3

(1) This paragraph makes provision as to the effect of an order of a person's commanding officer under paragraph 2.

(2) An order under paragraph 2(3) has effect—

(a) if made by virtue of paragraph 2(2)(a), for 28 days;

(b) if made by virtue of paragraph 2(2)(b), for 5 days.

(3) An order under paragraph 2(5) has effect for 28 days from the date of the order under paragraph 2(3) referred to in paragraph 2(4).

(4) While in force, the order is sufficient authority—

(a) in a case where the order is made under paragraph 2(3)(a)(ii) or (b) or (5)(b), for the person to be taken and conveyed to the service hospital specified in the order;

(b) in any case, for the person to be detained in the service hospital specified in the order; and

(c) in a case where arrangements are made for the person to be removed to the United Kingdom for further assessment or treatment, for him to be—

(i) taken from the service hospital specified in the order and conveyed to the United Kingdom; and

(ii) for that purpose, detained in any place or on board any ship or aircraft.

(5) Where the person is removed to the United Kingdom on the authority of the order, he must not after arriving in the United Kingdom be detained, on that authority, for longer than 24 hours.

Requirements as to recommendations under paragraph 2

4

(1) A recommendation under paragraph 2 must include a statement that the person making it is satisfied that all the relevant conditions are met in the case of the person to whom it relates.

(2) A recommendation under paragraph 2(2)(b) must also include a statement that—

(a) the person needs to be detained in (or admitted to and detained in) a hospital urgently; and

(b) the urgency makes it impracticable for another recommendation to be sought before making an order under paragraph 2(3) in relation to the person.

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

5

(1) This paragraph has effect in relation to a person subject to service law outside the British Islands.

(2) If the person's commanding officer is absent or otherwise not available, any authorised officer may exercise in relation to the person the powers conferred by paragraph 2.

(3) For the purposes of this paragraph, an officer is “authorised” if he is—

(a) subject to service law;

(b) of or above the rank of naval lieutenant, military or marine captain or flight lieutenant; and

Power to review order under paragraph 2

6

(1) The Secretary of State may make regulations for enabling a person to apply for the revocation of an order under paragraph 2 as soon as the order is made.

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

(a) who may make an application;

(b) the persons who are to hear the application;

(d) the grounds on which the order may be revoked;

(e) the functions of the persons hearing the application.

(3) Regulations under sub-paragraph (2)(e) may in particular confer on the persons hearing the application—

(a) power to confirm an order under paragraph 2;

(b) power to revoke such an order and order the immediate release of the person subject to the order.

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

7

(1) This paragraph applies if—

(a) a registered medical practitioner determines that all the relevant conditions are met in the case of a patient in an overseas service hospital who is a person subject to service law or a civilian subject to service discipline; or

(b) a prescribed person determines that all the relevant conditions appear to be met in the case of such a patient.

(2) The person making the determination must, as soon as practicable—

(a) make a record of the determination and the reasons for it; and

(b) make a request for an order under paragraph 2(3) to be made in relation to the patient.

(3) The commanding officer of the service hospital may detain the patient at the service hospital for the purpose of enabling such an order to be sought in relation to him.

(4) But the patient may not be detained under this paragraph beyond—

(a) the end of the detention period (see sub-paragraphs (5) to (7)); or

(b) if sooner, the making of a determination whether or not to make such an order in relation to him.

(5) If the person making the determination under sub-paragraph (1) is a registered medical practitioner, the detention period is 24 hours beginning with the time when the record required by sub-paragraph (2) was made.

(6) If that person is not a registered medical practitioner, the detention period is—

(a) 6 hours beginning with that time; or

(b) if before the end of that 6 hour period a registered medical practitioner determines that all the relevant conditions are met in the case of the patient, 24 hours beginning with that time.

(7) But if during that 6 hour period a registered medical practitioner determines that one or more of the relevant conditions are not met in the case of the patient—

(a) the patient must be released immediately; and

(b) the detention period ends with his release.

(8) The person making a determination under sub-paragraph (6)(b) must, as soon as practicable, make a record of the determination and the reasons for it.

(9) In this paragraph “prescribed person” means a person of a description prescribed by regulations made by the Secretary of State.

Urgent removal from service living accommodation to overseas service hospital

8

(1) This paragraph applies if a service policeman has reasonable grounds for believing that—

(a) there is in any service living accommodation outside the British Islands a person (“the patient”) who is a person subject to service law or a civilian subject to service discipline;

(b) the patient is suffering from mental disorder;

(d) the urgent need to remove the patient to and detain him in a service hospital makes it impracticable for an order under paragraph 2(3) to be sought before removing and detaining him.

(2) The service policeman may—

(a) enter the service living accommodation; and

(b) remove the patient to an overseas service hospital.

(3) The service policeman must if reasonably practicable be accompanied by—

(a) a registered medical practitioner, or

(b) a person of a description prescribed by regulations made by the Secretary of State,

who may assist the service policeman to exercise the power conferred on him by sub-paragraph (2).

(4) The commanding officer of the service hospital to which the patient is removed may detain him at the service hospital for the purpose of enabling an order under paragraph 2(3) to be sought in relation to him.

(5) But the patient may not be detained under this paragraph beyond—

(a) the end of the detention period (see sub-paragraphs (6) and (7)); or

(b) if sooner, the making of a determination whether or not to make such an order in relation to him.

(6) The detention period is—

(a) 6 hours beginning with his arrival at the service hospital; or

(b) if before the end of that 6 hour period a registered medical practitioner determines that all the relevant conditions are met in the case of the patient, 24 hours beginning with that time.

(7) But if during that 6 hour period a registered medical practitioner determines that one or more of the relevant conditions are not met in the case of the patient—

(a) the patient must be released immediately; and

(b) the detention period ends with his release.

(8) The person making a determination under sub-paragraph (6)(b) must, as soon as practicable, make a record of the determination and the reasons for it.

Urgent removal from other places to overseas service hospital

9

(1) This paragraph applies if a service policeman finds a person (“the patient”) in a relevant place outside the British Islands and it appears to the service policeman that—

(a) the patient is a person subject to service law or a civilian subject to service discipline;

(b) the patient is suffering from mental disorder; and

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