The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009

In section 1(7)(a) of the Repatriation of Prisoners Act 1984 (warrants for transfer of prisoners etc into or out of UK), the reference to an order made by a court or tribunal in the United Kingdom in the course of the exercise of its criminal jurisdiction includes an order made (anywhere) by a court-martial or a Standing Civilian Court.

Inheritance Tax Act 1984

27

Section 154(2) of the Inheritance Tax Act 1984 (death on active service etc) shall have effect, in relation to any time before commencement, as if the amendment made to it by paragraph 99 of Schedule 16 to AFA 2006 had not been made.

Police and Criminal Evidence Act 1984

28

• (1) In section 82(1) of the Police and Criminal Evidence Act 1984 (interpretation of Part 8)—

• (a) in the definition of “proceedings” the reference to service proceedings includes proceedings before a court (other than a civilian court) in respect of an SDA offence; and

• (b) in the definition of “Service court” the reference to the Court Martial or the Service Civilian Court includes a court-martial or a Standing Civilian Court.

• (2) In section 113(1) of that Act (application of Act to armed forces)—

• (a) references to service offences include SDA offences;

• (b) the reference in paragraph (b) to a power conferred by or under AFA 2006 includes a power conferred by or under AA 1955, AFA 1955 or NDA 1957; and

• (c) the persons referred to in paragraph (c) are to be taken to include persons charged under AA 1955, AFA 1955, NDA 1957 or AFA 1976 with SDA offences.

• (3) In section 113(2) and (3)(b) of the Police and Criminal Evidence Act 1984, the references to service offences include SDA offences.

Coroners Act 1988

29

In section 8(7) of the Coroners Act 1988 (duty to hold inquest), the reference to service custody premises includes—

• (a) in relation to a death which appears to the coroner to have occurred at a time before commencement, premises in the United Kingdom which at that time would have been service custody premises within the meaning of section 300 of AFA 2006 if that section had been in force then; and

• (b) in relation to a death where it appears to the coroner that the death may have occurred after commencement, premises in or outside the United Kingdom which are service custody premises (within the meaning of that section) at a time after commencement when it appears the death may have occurred.

Road Traffic Act 1988

30

In section 184(1) of the Road Traffic Act 1988 (application to persons subject to service discipline)—

• (a) references to an offence under section 42 of AFA 2006 include an SDA civil offence; and

• (b) references to the corresponding offence under the law of England and Wales include the corresponding civil offence.

Police and Criminal Evidence (Northern Ireland) Order 1989

31

In Article 70 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (interpretation), the reference to the Court Martial or the Service Civilian Court includes a court-martial or a Standing Civilian Court.

Sexual Offences (Amendment) Act 1992

32

• (1) In section 2(4) of the Sexual Offences (Amendment) Act 1992 (offences to which the Act applies)—

• (a) the reference to an offence under section 42 of AFA 2006 includes an SDA civil offence; and

• (b) the reference to the corresponding offence under the law of England and Wales includes the corresponding civil offence.

• (2) Section 4(9) of the Sexual Offences (Amendment) Act 1992 (special rules for cases of incest or buggery) shall continue to have effect in relation to an SDA civil offence notwithstanding its repeal by AFA 2006.

• (3) In section 6(3A) of the Sexual Offences (Amendment) Act 1992 (interpretation etc)—

• (a) the reference to an offence under section 42 of AFA 2006 includes an SDA civil offence; and

• (b) the reference to being charged under Part 5 of AFA 2006 with the offence includes being treated by section 75(4) of AA 1955 or AFA 1955 or section 47A(4) of NDA 1957 as charged with the offence.

Criminal Justice and Public Order Act 1994

33

In section 39(2) of the Criminal Justice and Public Order Act 1994 (power to apply sections 34 to 38 to armed forces), the reference to a service offence includes an SDA offence.

Goods Vehicles (Licensing of Operators) Act 1995

34

In paragraph 5 of Schedule 3 to the Goods Vehicles (Licensing of Operators) Act 1995 (qualifications for standard licence)—

• (a) in sub-paragraph (1)—

• (i) the reference to an offence under section 42 of AFA 2006 includes an SDA civil offence; and

• (ii) the reference to the corresponding offence under the law of England and Wales includes the corresponding civil offence; and

• (b) in sub-paragraph (1A) the reference to an offence under section 42 of AFA 2006 includes an SDA civil offence.

Criminal Procedure (Scotland) Act 1995

35

In section 307(2) of the Criminal Procedure (Scotland) Act 1995 (interpretation), the reference to an offence under section 42 of AFA 2006 includes an SDA civil offence.

Disability Discrimination Act 1995

36

• (1) In section 68(1) of the Disability Discrimination Act 1995 (interpretation), in the definition of “criminal proceedings” the reference to service law proceedings includes, for the purposes of section 56(6)(b) of, and paragraphs 6A(1)(c) and 6B(2)(b) of Schedule 3 to, that Act—

• (a) proceedings on dealing summarily with a charge under AA 1955 or AFA 1955;

• (b) proceedings on summary trial under NDA 1957;

• (c) proceedings before a summary appeal court under AA 1955, AFA 1955 or NDA 1957;

• (d) proceedings before a court-martial constituted under any of those Acts, or a disciplinary court constituted under section 52G of NDA 1957;

• (e) proceedings before the Appeal Court before commencement;

• (f) proceedings before a Standing Civilian Court.

• (2) In section 68(1C) of the Disability Discrimination Act 1995, the reference to any service offence includes any SDA offence.

Criminal Procedure and Investigations Act 1996

37

In section 78(1) of the Criminal Procedure and Investigations Act 1996 (application to armed forces) the references to a service offence include an SDA offence.

Armed Forces Act 1996

38

• (1) Section 6(2) of AFA 1996 (law applicable to certain service disciplinary proceedings) shall continue to have effect, notwithstanding its repeal by AFA 2006, in relation to the determination of any question as to the law applicable to service disciplinary proceedings which began before 1st October 1996.

• (2) In paragraph (1) “service disciplinary proceedings” means proceedings for any offence taking place under AA 1955, AFA 1955 or NDA 1957 and proceedings before the Appeal Court.

Social Security (Recovery of Benefits) Act 1997

39

In paragraph 2 of Schedule 1 to the Social Security (Recovery of Benefits) Act 1997 (exempted payments), the reference to a payment to or for the injured person under section 175 of AFA 2006 includes—

• (a) a payment under a compensation order under paragraph 11 of Schedule 5A to AA 1955 or AFA 1955 or of Schedule 4A to NDA 1957; and

• (b) a payment under an award of stoppages under any of those Acts.

Crime (Sentences) Act 1997

40

In section 34(2) of the Crime (Sentences) Act 1997 (meaning of “life sentence”)—

• (a) the reference to section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention at Her Majesty's pleasure etc) includes section 71A(3) and (4) of AA 1955 and AFA 1955 and section 43A(3) and (4) of NDA 1957; and

• (b) the reference to section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000 (custody for life) includes section 71A(1A) and (1B) of AA 1955 and AFA 1955 and section 43A(1A) and (1B) of NDA 1957.

Police Act 1997

41

In the definition of “criminal proceedings” in section 108(1) of the Police Act 1997 (interpretation of Part 3), the reference to a service offence includes an SDA offence.

Social Security (Recovery of Benefits) (Northern Ireland) Order 1997

42

In paragraph 2 of Schedule 1 to the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (exempted payments), the reference to a payment to or for the injured person under section 175 of AFA 2006 includes—

• (a) a payment under a compensation order under paragraph 11 of Schedule 5A to AA 1955 or AFA 1955 or of Schedule 4A to NDA 1957; and

• (b) a payment under an award of stoppages under any of those Acts.

Crime and Disorder Act 1998

43

In paragraph 9(5)(b) of Schedule 3 to the Crime and Disorder Act 1998 (procedure where persons sent for trial under section 51)—

• (a) the reference to a service offence includes an SDA offence; and

• (b) the reference to a previous conviction includes, in relation to an SDA offence, a previous finding of guilt in—

• (i) any proceedings under AA 1955, AFA 1955 or NDA 1957 (whether before a court-martial or any other court or person authorised under any of those Acts to award a punishment in respect of any offence); or

• (ii) any proceedings before a Standing Civilian Court.

Youth Justice and Criminal Evidence Act 1999

44

• (1) In section 44(1)(b) and (9) of the Youth Justice and Criminal Evidence Act 1999 (restrictions on reporting alleged offences involving persons under 18), the references to a person subject to service law include a person who, at the time of the alleged offence, was subject to military law or air-force law or to NDA 1957, or was a civilian subject to the SDAs.

• (2) For the purposes of paragraph 6(3) of Schedule 7 to the Youth Justice and Criminal Evidence Act 1999 (transitional provision), proceedings on appeal from a Standing Civilian Court are to be taken to have been instituted when notice of appeal was given under paragraph 18(3) of Schedule 3 to AFA 1976.

Powers of Criminal Courts (Sentencing) Act 2000 and related provisions

45

• (1) In section 99(5)(aa) of the Powers of Criminal Courts (Sentencing) Act 2000 (conversion of sentence of detention to sentence of imprisonment), the reference to a sentence of detention under section 209 or 218 of AFA 2006 includes a sentence of detention under section 71A(3) or (4) of AA 1955 or AFA 1955 or section 43A(3) or (4) of NDA 1957.

• (2) In section 106A of the Powers of Criminal Courts (Sentencing) Act 2000 and section 245 of the Sentencing Code (interaction of detention and training orders with sentences of detention), references to a sentence of detention include a sentence under section 71A(4) of AA 1955 or AFA 1955 or section 43A(4) of NDA 1957.

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

• (4) In section 177A of the Armed Forces Act 2006 (effect of compensation order on award of damages in civil proceedings), the reference to a service compensation order includes—

• (a) a compensation order under paragraph 11 of Schedule 5A to AA 1955 or AFA 1955 or of Schedule 4A to NDA 1957; and

• (b) an award of stoppages under any of those Acts.

Freedom of Information Act 2000

46

• (1) In section 30 of the Freedom of Information Act 2000 (investigations and proceedings conducted by public authority), references to criminal proceedings include—

• (a) proceedings before a court-martial under AA 1955, AFA 1955 or NDA 1957;

• (b) proceedings on dealing summarily with a charge under AA 1955 or AFA 1955;

• (c) proceedings on summary trial under NDA 1957;

• (d) proceedings before a summary appeal court under AA 1955, AFA 1955 or NDA 1957;

• (e) proceedings before the Appeal Court before commencement; and

• (f) proceedings before a Standing Civilian Court.

• (2) In section 30(5) of the Freedom of Information Act 2000, in the definition of “offence”, the reference to a service offence includes an SDA offence.

Criminal Justice and Court Services Act 2000

47

In section 5A of the Criminal Justice and Court Services Act 2000 (local probation boards and service justice) (substituted by section 327 of AFA 2006), the reference to proceedings before the Court Martial, the Summary Appeal Court or the Service Civilian Court includes proceedings before—

• (a) a court-martial under AA 1955, AFA 1955 or NDA 1957;

• (b) a summary appeal court under AA 1955, AFA 1955 or NDA 1957; or

• (c) a Standing Civilian Court.

International Criminal Court Act 2001

48

• (1) In section 32(6)(c) of the International Criminal Court Act 2001 (transfer of prisoner), the reference to a person serving a sentence of service detention or imprisonment imposed by a service court includes a person serving an SDA sentence of service detention or a sentence of imprisonment imposed by—

• (a) a court-martial constituted under AA 1955, AFA 1955 or NDA 1957;

• (b) a disciplinary court constituted under section 52G of NDA 1957;

• (c) a Standing Civilian Court; or

• (d) the Appeal Court before commencement.

• (2) In sections 54(4) and 68(1) of the International Criminal Court Act 2001 (offences in relation to the International Criminal Court), the references to a person subject to UK service jurisdiction include a person who was, at the time when the act in question was committed, subject to military or air-force law or to NDA 1957 or a civilian subject to the SDAs.

Armed Forces Act 2001

49

In section 28(1) of AFA 2001 (costs), the reference to costs incurred as mentioned there by any of Her Majesty's forces includes costs incurred by any of Her Majesty's forces before commencement in respect of the exercise by a prosecuting authority of its functions as a party to proceedings under AA 1955, AFA 1955 or NDA 1957.

Anti-terrorism, Crime and Security Act 2001

50

In paragraph 16(3) of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (forfeiture of terrorist cash), the reference to a service compensation order under AFA 2006 includes—

• (a) a compensation order under paragraph 11 of Schedule 5A to AA 1955 or AFA 1955 or of Schedule 4A to NDA 1957; and

• (b) an award of stoppages under any of those Acts.

Proceeds of Crime Act 2002

51

In section 308(4) of the Proceeds of Crime Act 2002 (general exceptions), the reference to a service compensation order under AFA 2006 includes—

• (a) a compensation order under paragraph 11 of Schedule 5A to AA 1955 or AFA 1955 or of Schedule 4A to NDA 1957; and

• (b) an award of stoppages under any of those Acts.

Sexual Offences Act 2003

52

• (1) In section 133(1) of the Sexual Offences Act 2003 (interpretation of Part 2)—

• (a) the definition of “the period of conditional discharge” shall have effect, in relation to a person in respect of whom an order for conditional discharge was made before commencement, without the amendment made by paragraph 209(2)(b) of Schedule 16 to AFA 2006; and

• (b) the definition of “service detention” is to be taken to include detention awarded under section 71(1)(e) of AA 1955 or AFA 1955 or section 43(1)(e) of NDA 1957.

• (2) In section 137 of the Sexual Offences Act 2003 (service courts)—

• (a) in subsection (1)(d) —

• (i) the reference to an offence under section 42 of AFA 2006 includes an SDA civil offence; and

• (ii) the reference to the corresponding offence under the law of England and Wales includes the corresponding civil offence;

• (b) in subsection (2), so far as that subsection applies for the purposes of section 92 of the Sexual Offences Act 2003, the reference to a service court includes a court-martial and a Standing Civilian Court; and

• (c) in subsection (3) the reference to a service court, so far as it applies for the purposes of paragraphs (b) and (c) of that subsection, includes a court-martial and a Standing Civilian Court.

• (3) In paragraph 93A of Schedule 3 to the Sexual Offences Act 2003 (sexual offences for purposes of Part 2)—

• (a) in sub-paragraph (1)—

• (i) the reference to an offence under section 42 of AFA 2006 includes an SDA civil offence of which the offender is convicted under AFA 2006; and

• (ii) the reference to the corresponding offence under the law of England and Wales includes the corresponding civil offence; and

• (b) in sub-paragraph (2) the reference to an offence under section 42 of AFA 2006 includes an SDA civil offence of which the offender is convicted under AFA 2006.

Criminal Justice Act 2003

53

• (1) In this paragraph “CJA 2003” means the Criminal Justice Act 2003 .

• (2) In section 112(1) of CJA 2003 (interpretation of Chapter 1 of Part 11), “service offence” includes an SDA offence.

• (3) In section 117(8) of CJA 2003 (documents), treated as inserted by paragraph 2 of Schedule 7 to that Act, the reference to proceedings before an officer in respect of a service offence includes any proceedings in respect of an SDA offence (whether under AFA 2006 or an earlier enactment, and including any summary proceedings).

• (4) In section 134(1A) of CJA 2003 (interpretation), treated as inserted by paragraph 2 of Schedule 7 to that Act, the reference to proceedings as mentioned there includes any proceedings in respect of an SDA offence (whether under AFA 2006 or an earlier enactment, and including any summary proceedings).

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

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) In section 237(1B) of CJA 2003 (meaning of “fixed-term prisoner” etc)—

• (a) the reference in paragraph (a) to a sentence of imprisonment passed by a service court includes such a sentence passed by a court-martial or a Standing Civilian Court; and

• (b) the reference in paragraph (b) to a sentence of detention under section 209 of AFA 2006 includes a sentence of detention under section 71A(4) of AA 1955 or AFA 1955 or section 43A(4) of NDA 1957.

• (9) Section 329(7) of CJA 2003 (civil proceedings for trespass), as enacted, shall continue to have effect in relation to a person who before commencement was found guilty of an SDA civil offence in service disciplinary proceedings as if the amendments made to sections 329 and 305 of CJA 2003 by Schedule 16 to AFA 2006 had not been made.

• (10) In sub-paragraph (9) above “service disciplinary proceedings” means—

• (a) proceedings under AA 1955, AFA 1955 or NDA 1957 (whether before a court-martial or any other court or person authorised under any of those Acts to award a punishment in respect of any offence); or

• (b) proceedings before a Standing Civilian Court.

• (11) In section 329(7) of CJA 2003 (as substituted by AFA 2006)—

• (a) the reference to an offence under section 42 of AFA 2006 includes an SDA civil offence; and

• (b) the reference to the corresponding offence under the law of England and Wales includes the corresponding civil offence.

• (12) In section 337(12) of CJA 2003 (extent)—

• (a) the reference in paragraph (a) to service offences includes SDA offences; and

• (b) the reference in paragraph (b) to the Court Martial includes courts-martial.

• (13) Paragraph 10 of Schedule 22 to CJA 2003 (mandatory life sentences: transitional provision) applies to the Court Martial in any case where—

• (a) the Court Martial passes a life sentence fixed by law; and

• (b) the offence to which the sentence relates was committed before 18th December 2003.

Domestic Violence, Crime and Victims Act 2004

54

Section 8(2) of the Domestic Violence, Crime and Victims Act 2004 (evidence and procedure) has effect as if—

• (a) the reference to an offence under section 42 of AFA 2006 included an SDA civil offence; and

• (b) the reference to the corresponding offence under the law of England and Wales included the corresponding civil offence.

Human Tissue Act 2004

55

In section 39(6)(c) of, and paragraph 5(4)(c) of Schedule 4 to, the Human Tissue Act 2004 (criminal justice and use for excepted purpose), the references to service offences include SDA offences.

Gambling Act 2005

56

In sections 69 and 71 of the Gambling Act 2005 (application for operating licence and consideration of application), the references to a relevant offence include any offence within paragraph 14, 15 or 16 of Schedule 7 to that Act as enacted.

SCHEDULE 2 — Transitory provisions

Definitions

1

In this Schedule—

• “the 2005 Order” means the Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 ;

• “CJA 2003” means the Criminal Justice Act 2003 ;

• “CJCSA 2000” means the Criminal Justice and Court Services Act 2000 ;

• “PCC(S)A 2000” means the Powers of Criminal Courts (Sentencing) Act 2000 .

Punishments available to Service Civilian Court

2

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

Powers of Crown Court in relation to orders made by Service Civilian Court

3

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

Testing for alcohol and drugs

4

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

Age at which imprisonment available

5

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

Mandatory custody for life

6

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

Discretionary custody for life

7

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

Custody for life where custodial sentence would have been required by SDAs

8

• (1) This paragraph applies until the coming into force of section 61 of CJCSA 2000, where—

• (a) article 89 (sentences required by SDAs) applies; and

• (b) the offender is aged under 21 on conviction.

• (2) Where this paragraph applies, the references in article 89(2) and (4) to a sentence of life imprisonment are to be read as to a sentence of custody for life under section 272(2)(a) of the Sentencing Code, as applied by section 210A of AFA 2006.

Power to impose detention in a young offender institution

9

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

Interaction of detention in a young offender institution with detention and training order

10

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

Consecutive sentences

11

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

Restriction on imposing custodial sentence on unrepresented offender

12

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

Crediting of time in service custody

13

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

Re-sentencing powers

14

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

Sentences passed by civilian courts

15

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

Meaning of “custodial sentence”

16

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

Notification requirements under Counter-Terrorism Act 2008

17

In each of the following provisions of Schedule 6 to the Counter-Terrorism Act 2008 (application of notification requirements to service offences), the reference to imprisonment includes detention in a young offender institution—

• (a) paragraph 5(1)(a)(ii);

• (b) paragraph 7(2)(b) and (3).

The Supreme Court

18

• (1) In relation to any time before the coming into force of section 23 of the Constitutional Reform Act 2005 —

• (a) references to the Supreme Court in AFA 2006 and article 92 are to be read as to the House of Lords; and

• (b) references to the Supreme Court inserted by AFA 2006 in any other enactment are to be read as to the House of Lords.

• (2) In relation to any time before the coming into force of section 59(2) of the Constitutional Reform Act 2005, references in AFA 2006 to the Court of Judicature of Northern Ireland are to be read as to the Supreme Court of Judicature of Northern Ireland.

Signed

John Hutton — Secretary of State for Defence — 2009-04-23

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 2006 c. 52.

[^f00002]: 2008 c. 28.

[^f00003]: S.I. 2009/812 (C. 54). That Order brought into force on 28th March 2009, for certain specified purposes, those provisions of AFA 2006 not already in force (except section 351 and Schedule 12).

[^f00004]: 1955 c. 18.

[^f00005]: 1955 c. 19.

[^f00006]: 1957 c. 53.

[^f00007]: 1966 c. 45.

[^f00008]: 1968 c. 20. The Act was formerly known as the Courts-Martial (Appeals) Act 1968. AFA 2006, section 272 and Schedule 8, paragraph 53, amends section 61(1) so as to provide for the Act to be cited as the Court Martial Appeals Act 1968.

[^f00009]: 1976 c. 52.

[^f00010]: 1980 c. 9.

[^f00011]: 1981 c. 55.

[^f00012]: 1991 c. 62.

[^f00013]: 1996 c. 14.

[^f00014]: 2001 c. 19.

[^f00015]: 2006 c. 52.

[^f00016]: 1978 c. 30.

[^f00017]: 2004 c. 28.

[^f00018]: 1968 c. 27. Section 51A was inserted by the Criminal Justice Act 2003 (c. 44), section 287.

[^f00019]: 2003 c. 42.

[^f00020]: 1956 c. 69. Section 1 (rape) was repealed by the Sexual Offences Act 2003 (c. 42), section 139 and Schedule 6, paragraph 11.

[^f00021]: 1956 c. 69. Sections 1 to 7, 9 to 11, 16, 17, 19 to 24, 26 to 29 and 32 were repealed by the Sexual Offences Act 2003, section 139 and Schedule 6, paragraph 11.

[^f00022]: 1959 c. 72. Section 128 was repealed by the Sexual Offences Act 2003, section 139 and Schedule 6, paragraph 13.

[^f00023]: 1960 c. 33. The Act was repealed by the Sexual Offences Act 2003, section 139 and Schedule 6, paragraph 14.

[^f00024]: 1967 c. 60. Sections 4 and 5 were repealed by the Sexual Offences Act 2003, section 139 and Schedule 6, paragraph 15.

[^f00025]: 1981 c. 47.

[^f00026]: 1977 c. 45.

[^f00027]: 2007 c. 27.

[^f00028]: S.I. 1997/172.

[^f00029]: S.I. 1997/172.

[^f00030]: These Regulations are made by the Defence Council under sections 43, 52E and 52F of NDA 1957 and published in the Manual of Naval Law.

[^f00031]: These Regulations are made by the Defence Council under sections 75E, 82, 83 and 209 of AA 1955 and published in the Manual of Military Law.

[^f00032]: These Regulations are made by the Defence Council under sections 75E, 82, 83 and 209 of AFA 1955 and published in the Manual of Air Force Law. They are amended by the Pre-charge Custody and Summary Dealing (Royal Air Force) (Amendment) Regulations 2002.

[^f00033]: 1981 c. 47.

[^f00034]: 1983 c. 20.

[^f00035]: Section 188 of AFA 2006 is amended by the Criminal Justice and Immigration Act 2008 (c. 4), section 145 and Schedule 25, paragraphs 10 and 11.

[^f00036]: Section 209 of AFA 2006 is amended by the Criminal Justice and Immigration Act 2008, section 145 and Schedule 25, paragraphs 10 and 12.

[^f00037]: 2000 c. 6.

[^f00038]: 1991 c. 53.

[^f00039]: 2003 c. 44.

[^f00040]: 2000 c. 6.

[^f00041]: Section 273(7) of AFA 2006 is substituted by the Criminal Justice and Immigration Act 2008 (c. 4), section 145 and Schedule 25, paragraphs 10 and 28.

[^f00042]: Section 276 of AFA 2006 is amended by the Criminal Justice and Immigration Act 2008, section 145 and Schedule 25, paragraphs 10 and 29.

[^f00043]: Sections 276A and 276B of AFA 2006 are inserted by the Criminal Justice and Immigration Act 2008, section 145 and Schedule 25, paragraphs 10 and 30.

[^f00044]: These Regulations are made by the Defence Council under sections 43, 52E and 52F of NDA 1957 and published in the Manual of Naval Law.

[^f00045]: SI 1997/597.

[^f00046]: 2008 c. 15.

[^f00047]: 1952 c.67.

[^f00048]: 1995 c. 35. Sections 12A and 12B are inserted by AFA 2006, section 321 and Schedule 11, paragraph 2.

[^f00049]: 2000 c. 43. Section 5A was inserted by AFA 2006, section 378(1) and Schedule 16, paragraph 178, with effect from 1st January 2008, and is substituted by section 327 of that Act.

[^f00050]: S.I. 2006/2917.

[^f00051]: S.I. 2006/2918.

[^f00052]: S.I. 2007/650.

[^f00053]: S.I. 2007/3382. The Regulations are amended by the Army Terms of Service (Amendment etc) Regulations 2008, S.I. 2008/1849, regulation 2.

[^f00054]: 1970 c. 41.

[^f00055]: 1970 c. 32.

[^f00056]: 1975 c. 65.

[^f00057]: 1976 c. 74.

[^f00058]: S.I. 1976/1042 (N.I. 15).

[^f00059]: 1996 c. 18.

[^f00060]: S.I. 1997/869 (N.I. 6).

[^f00061]: 1947 c. 24.

[^f00062]: 1865 c. 73.

[^f00063]: 1893 c. 5. The Act was formerly known as the Regimental Debts Act 1893. Section 33 is amended by AFA 2006, Schedule 16, paragraph 10, so as to provide that the Act may be cited as the Debts (Deceased Servicemen etc) Act 1893.

[^f00064]: 1898 c. 36.

[^f00065]: 1884 c. 55.

[^f00066]: S.I. 1949/61, made by virtue of section 3(2) of the Army and Air Force (Women’s Service) Act 1948 (c. 21).

[^f00067]: 1948 c. 21.

[^f00068]: 1952 c. 52.

[^f00069]: 1953 c. 47.

[^f00070]: 1957 c. 58.

[^f00071]: 1959 c. 15.

[^f00072]: 1961 c. 39.

[^f00073]: 1967 c. 13.

[^f00074]: 1967 c. 80.

[^f00075]: 1968 c. 64.

[^f00076]: 1971 c. 36.

[^f00077]: 1974 c. 23.

[^f00078]: 1974 c. 53.

[^f00079]: 1976 c. 63.

[^f00080]: 1976 c. 74.

[^f00081]: Section 52G of NDA 1957 was inserted by AFA 1996, section 5 and Schedule 1, Part 1, paragraphs 11 and 13, and repealed by AFA 2001, sections 18 and 38, and Schedule 7, Part 1.

[^f00082]: S.I. 1978/1908 (N.I. 27).

[^f00083]: 1980 c. 43.

[^f00084]: 1981 c. 14.

[^f00085]: 1981 c. 49.

[^f00086]: 1981 c. 54. The Act was formerly known as the Supreme Court Act 1981. The Constitutional Reform Act 2005 (c. 4), section 59(5) and Schedule 11, paragraph 1, provides for it to be cited as the Senior Courts Act 1981.

[^f00087]: 1982 c. 48.

[^f00088]: 1983 c. 2.

[^f00089]: 1983 c. 20.

[^f00090]: 1984 c. 47.

[^f00091]: 1984 c. 51.

[^f00092]: 1984 c. 60.

[^f00093]: 1988 c. 13.

[^f00094]: 1988 c. 52.

[^f00095]: S.I. 1989/1341 (N.I. 12).

[^f00096]: 1992 c. 34.

[^f00097]: 1994 c. 33.

[^f00098]: 1995 c. 23.

[^f00099]: 1995 c. 46.

[^f00100]: 1995 c. 50.

[^f00101]: 1996 c. 25.

[^f00102]: 1997 c. 27.

[^f00103]: 1997 c. 43.

[^f00104]: 2000 c. 6.

[^f00105]: 1997 c. 50.

[^f00106]: S.I. 1997/1183 (N.I. 12).

[^f00107]: 1998 c. 37.

[^f00108]: 1999 c. 23.

[^f00109]: 2000 c. 6.

[^f00110]: 2000 c. 36.

[^f00111]: 2000 c. 43.

[^f00112]: 2001 c. 17.

[^f00113]: 2001 c. 24.

[^f00114]: 2002 c. 29.

[^f00115]: 2003 c. 42.

[^f00116]: 2003 c. 44.

[^f00117]: Section 229(2A) of CJA 2003 is inserted by the Criminal Justice and Immigration Act 2008 (c. 4), section 17(1) and (3).

[^f00118]: 2004 c. 28.

[^f00119]: 2004 c. 30.

[^f00120]: 2005 c. 19.

[^f00121]: S.I. 2005/643.

[^f00122]: 2003 c. 44.

[^f00123]: 2000 c. 43.

[^f00124]: 2000 c. 6.

[^f00125]: 2008 c. 28.

[^f00126]: 2005 c. 4.

Editorial notes

[^c19669191]: 2006 c. 52.

[^c19669201]: 2008 c. 28.

[^c19669211]: S.I. 2009/812 (C. 54). That Order brought into force on 28th March 2009, for certain specified purposes, those provisions of AFA 2006 not already in force (except section 351 and Schedule 12).

[^c19669221]: 1955 c. 18.

[^c19669231]: 1955 c. 19.

[^c19669241]: 1957 c. 53.

[^c19669251]: 1966 c. 45.

[^c19669261]: 1968 c. 20. The Act was formerly known as the Courts-Martial (Appeals) Act 1968. AFA 2006, section 272 and Schedule 8, paragraph 53, amends section 61(1) so as to provide for the Act to be cited as the Court Martial Appeals Act 1968.

[^c19669271]: 1976 c. 52.

[^c19669281]: 1980 c. 9.

[^c19669291]: 1981 c. 55.

[^c19669301]: 1991 c. 62.

[^c19669311]: 1996 c. 14.

[^c19669321]: 2001 c. 19.

[^c19669331]: 2006 c. 52.

[^c19669341]: 1978 c. 30.

[^c19669351]: 2004 c. 28.

[^c19669361]: 1968 c. 27. Section 51A was inserted by the Criminal Justice Act 2003 (c. 44), section 287.

[^c19669371]: 2003 c. 42.

[^c19669381]: 1956 c. 69. Section 1 (rape) was repealed by the Sexual Offences Act 2003 (c. 42), section 139 and Schedule 6, paragraph 11.

[^c19669391]: 1956 c. 69. Sections 1 to 7, 9 to 11, 16, 17, 19 to 24, 26 to 29 and 32 were repealed by the Sexual Offences Act 2003, section 139 and Schedule 6, paragraph 11.

[^c19669401]: 1959 c. 72. Section 128 was repealed by the Sexual Offences Act 2003, section 139 and Schedule 6, paragraph 13.

[^c19669411]: 1960 c. 33. The Act was repealed by the Sexual Offences Act 2003, section 139 and Schedule 6, paragraph 14.

[^c19669421]: 1967 c. 60. Sections 4 and 5 were repealed by the Sexual Offences Act 2003, section 139 and Schedule 6, paragraph 15.

[^c19669431]: 1981 c. 47.

[^c19669441]: 1977 c. 45.

[^c19669451]: 2007 c. 27.

[^c19669461]: S.I. 1997/172.

[^c19669471]: S.I. 1997/172.

[^c19669481]: These Regulations are made by the Defence Council under sections 43, 52E and 52F of NDA 1957 and published in the Manual of Naval Law.

[^c19669491]: These Regulations are made by the Defence Council under sections 75E, 82, 83 and 209 of AA 1955 and published in the Manual of Military Law.

[^c19669501]: These Regulations are made by the Defence Council under sections 75E, 82, 83 and 209 of AFA 1955 and published in the Manual of Air Force Law. They are amended by the Pre-charge Custody and Summary Dealing (Royal Air Force) (Amendment) Regulations 2002.

[^c19669511]: 1981 c. 47.

[^c19669521]: 1983 c. 20.

[^c19669531]: Section 188 of AFA 2006 is amended by the Criminal Justice and Immigration Act 2008 (c. 4), section 145 and Schedule 25, paragraphs 10 and 11.

[^c19669541]: Section 209 of AFA 2006 is amended by the Criminal Justice and Immigration Act 2008, section 145 and Schedule 25, paragraphs 10 and 12.

[^c19669551]: 2000 c. 6.

[^c19669561]: 1991 c. 53.

[^c19669571]: 2003 c. 44.

[^c19669581]: 2000 c. 6.

[^c19669611]: Section 273(7) of AFA 2006 is substituted by the Criminal Justice and Immigration Act 2008 (c. 4), section 145 and Schedule 25, paragraphs 10 and 28.

[^c19669621]: Section 276 of AFA 2006 is amended by the Criminal Justice and Immigration Act 2008, section 145 and Schedule 25, paragraphs 10 and 29.

[^c19669631]: Sections 276A and 276B of AFA 2006 are inserted by the Criminal Justice and Immigration Act 2008, section 145 and Schedule 25, paragraphs 10 and 30.

[^c19669641]: These Regulations are made by the Defence Council under sections 43, 52E and 52F of NDA 1957 and published in the Manual of Naval Law.

[^c19669651]: SI 1997/597.

[^c19669681]: 2008 c. 15.

[^c19669691]: 1952 c. 67.

[^c19669701]: 1995 c. 35. Sections 12A and 12B are inserted by AFA 2006, section 321 and Schedule 11, paragraph 2.

[^c19669711]: 2000 c. 43. Section 5A was inserted by AFA 2006, section 378(1) and Schedule 16, paragraph 178, with effect from 1st January 2008, and is substituted by section 327 of that Act.

[^c19669721]: S.I. 2006/2917.

[^c19669731]: S.I. 2006/2918.

[^c19669741]: S.I. 2007/650.

[^c19669751]: S.I. 2007/3382. The Regulations are amended by the Army Terms of Service (Amendment etc) Regulations 2008, S.I. 2008/1849, regulation 2.

[^c19669761]: 1970 c. 41.

[^c19669771]: 1970 c. 32.

[^c19669781]: 1975 c. 65.

[^c19669791]: 1976 c. 74.

[^c19669801]: S.I. 1976/1042 (N.I. 15).

[^c19669811]: 1996 c. 18.

[^c19669821]: S.I. 1997/869 (N.I. 6).

[^c19669831]: 1947 c. 24.

[^c19669841]: 1865 c. 73.

[^c19669851]: 1893 c. 5. The Act was formerly known as the Regimental Debts Act 1893. Section 33 is amended by AFA 2006, Schedule 16, paragraph 10, so as to provide that the Act may be cited as the Debts (Deceased Servicemen etc) Act 1893.

[^c19669861]: 1898 c. 36.

[^c19669871]: 1884 c. 55.

[^c19669881]: S.I. 1949/61, made by virtue of section 3(2) of the Army and Air Force (Women's Service) Act 1948 (c. 21).

[^c19669891]: 1948 c. 21.

[^c19669901]: 1952 c. 52.

[^c19669911]: 1953 c. 47.

[^c19669921]: 1957 c. 58.

[^c19669931]: 1959 c. 15.

[^c19669941]: 1961 c. 39.

[^c19669951]: 1967 c. 13.

[^c19669961]: 1967 c. 80.

[^c19669971]: 1968 c. 64.

[^c19669981]: 1971 c. 36.

[^c19669991]: 1974 c. 23.

[^c19670001]: 1974 c. 53.

[^c19670011]: 1976 c. 63.

[^c19670021]: 1976 c. 74.

[^c19670031]: Section 52G of NDA 1957 was inserted by AFA 1996, section 5 and Schedule 1, Part 1, paragraphs 11 and 13, and repealed by AFA 2001, sections 18 and 38, and Schedule 7, Part 1.

[^c19670041]: S.I. 1978/1908 (N.I. 27).

[^c19670051]: 1980 c. 43.

[^c19670061]: 1981 c. 14.

[^c19670071]: 1981 c. 49.

[^c19670081]: 1981 c. 54. The Act was formerly known as the Supreme Court Act 1981. The Constitutional Reform Act 2005 (c. 4), section 59(5) and Schedule 11, paragraph 1, provides for it to be cited as the Senior Courts Act 1981.

[^c19670091]: 1982 c. 48.

[^c19670101]: 1983 c. 2.

[^c19670121]: 1983 c. 20.

[^c19670141]: 1984 c. 47.

[^c19670151]: 1984 c. 51.

[^c19670161]: 1984 c. 60.

[^c19670171]: 1988 c. 13.

[^c19670181]: 1988 c. 52.

[^c19670191]: S.I. 1989/1341 (N.I. 12).

[^c19670201]: 1992 c. 34.

[^c19670211]: 1994 c. 33.

[^c19670221]: 1995 c. 23.

[^c19670231]: 1995 c. 46.

[^c19670241]: 1995 c. 50.

[^c19670251]: 1996 c. 25.

[^c19670261]: 1997 c. 27.

[^c19670271]: 1997 c. 43.

[^c19670281]: 2000 c. 6.

[^c19670291]: 1997 c. 50.

[^c19670311]: S.I. 1997/1183 (N.I. 12).

[^c19670321]: 1998 c. 37.

[^c19670331]: 1999 c. 23.

[^c19670341]: 2000 c. 6.

[^c19670351]: 2000 c. 36.

[^c19670361]: 2000 c. 43.

[^c19670371]: 2001 c. 17.

[^c19670381]: 2001 c. 24.

[^c19670391]: 2002 c. 29.

[^c19670401]: 2003 c. 42.

[^c19670411]: 2003 c. 44.

[^c19670431]: 2004 c. 28.

[^c19670441]: 2004 c. 30.

[^c19670451]: 2005 c. 19.

[^c19670461]: S.I. 2005/643.

[^c19670471]: 2003 c. 44.

[^c19670481]: 2000 c. 43.

[^c19670491]: 2000 c. 6.

[^c19670501]: 2008 c. 28.

[^c19670511]: 2005 c. 4.

[^key-4a078beedb4609883ea5b8fbbe19a132]: Sch. 2 paras. 2-7 revoked (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

[^key-4df7e466f76e3749e41912975c950016]: Sch. 2 paras. 9-16 revoked (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

[^key-7f60c1a7c23dd694832b3c6732f5c995]: Art. 102A inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 369 (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-7e7083ccfe34947199635d743c5bf972]: Words in Sch. 1 para. 45 heading inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 370(d) (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-c7d4560c862718a47f491b5c848f47fd]: Words in Sch. 1 para. 45(2) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 370(a) (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-a73b49d39d707f34c36fa58545f4599b]: Sch. 1 para. 45(3) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 370(b) (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-152bf0490f77eb71cd7f857215d48f60]: Words in Sch. 1 para. 45(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 370(c) (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-0d1e316298cafcfe499609937a75a0f2]: Sch. 1 para. 53(5)-(7) revoked (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

[^key-ff5ab227bde3e7790e8fb1d73c754bfe]: Words in Sch. 2 para. 8(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 371 (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-8e47b1929cfbd6caffdc7706e188d2ad]: Words in art. 49(2)(a) inserted (5.12.2022) by The Armed Forces (Tri-Service Serious Crime Unit) (Consequential Amendments) Regulations 2022 (S.I. 2022/1051), regs. 1(2), 4(2)

[^key-4f392c0684cb8937eefab1973bff5a95]: Pt. 14A inserted (17.4.2024) by The Armed Forces (Appeals Against Review of Sentence) Regulations 2024 (S.I. 2024/619), regs. 1(2), 44(2); S.I. 2024/562, reg. 2

[^key-1ac924aceb26ae944b3a057aa10a95b0]: Pt. 15A inserted (17.4.2024) by The Armed Forces (Appeals Against Review of Sentence) Regulations 2024 (S.I. 2024/619), regs. 1(2), 44(3); S.I. 2024/562, reg. 2

Life and extended sentences: offenders aged at least 18 but under 21

9A

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

Interaction of detention in a young offender institution with detention and training order

Consecutive sentences

Restriction on imposing custodial sentence on unrepresented offender

Crediting of time in service custody

Re-sentencing powers

Sentences passed by civilian courts

Meaning of “custodial sentence”

Notification requirements under Counter-Terrorism Act 2008

The Supreme Court

Seriousness of offence with terrorist connection

102A

In section 238(6) of AFA 2006 (seriousness of offence with terrorist connection) the references—

• (a) to an offence under section 42 of that Act include an SDA civil offence, and

• (b) to the corresponding offence under the law of England and Wales include the corresponding civil offence.

Increase in sentence for racial or religious aggravation

Limit on combined term of service detention

Limit on combined term: supplementary

Crediting of time in service custody

Part 14A — Review of sentence proceedings

Review of sentence proceedings

106A

• (1) Part 12A of the AFA 2006 applies where a court-martial has passed a sentence as it applies where a Court Martial has passed a sentence with the following modifications.

• (2) Where it applies to a sentence passed by a court-martial, Part 12A of the AFA 2006 applies as if—

• (a) in section 304A(2)(b), “service offence” includes an SDA offence;

• (b) in section 304B(3), “service offence” includes an SDA offence;

• (c) in section 304C(1)(a), “service offence” includes an SDA offence;

• (d) in section 304D—

• (i) in paragraph (1)—

• (aa) “Court Martial” includes court-martial;

• (bb) “service offence” includes SDA offence;

• (cc) “is not fixed by law or, if it is” is substituted by “was not fixed by law or, if it was”;

• (ii) in paragraph (4), “back” is omitted;

• (iii) in paragraph (5), the second occurrence of “Court Martial” includes court-martial;

• (e) in section 304E—

• (i) in paragraph (1)—

• (aa) “service offence” includes an SDA offence;

• (bb) “is not fixed by law or, if it is” is substituted by “was not fixed by law or, if it was”;

• (ii) in paragraph (2), “back” is omitted;

• (iii) in paragraph (3), the second occurrence of “Court Martial” includes court-martial.

Part 15A — Appeals against review of sentence

Appeals against review of sentence

130A

• (1) This article applies where the Court Martial has exercised its powers under Section 304D or 304E of AFA 2006, as applied by article 106A, to substitute a new sentence in place of one passed by a court-martial.

• (2) Where this article applies, the Armed Forces (Appeals Against Review of Sentence) Regulations 2024 apply subject to the following modifications—

• (a) in regulations 7(1) and (2)(b), 11, 24 and 40, “Court Martial” includes “court-martial”;

• (b) in regulation 8, for “Court Martial” substitute “court-martial”.