Section 52G of NDA 1957 was inserted by AFA 1996, section 5 and Schedule 1, Part 1, paragraphs 11 and 13, and repealed by AFA 2001, sections 18 and 38, and Schedule 7, Part 1.

S.I. 1978/1908 (N.I. 27).

1980 c. 43.

1981 c. 14.

1981 c. 49.

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.

S.I. 1989/1341 (N.I. 12).

100

101

102

103

104

105

106

S.I. 1997/1183 (N.I. 12).

107

108

109

110

111

112

113

114

115

116

117

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

118

119

120

121

122

123

124

125

126

Editorial notes

127

2006 c. 52.

128

2008 c. 28.

129

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).

130

131

132

133

134

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.

135

136

137

138

139

140

141

142

143

144

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

145

2003 c. 42.

146

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 Section 1 (rape) was repealed by the Sexual Offences Act 2003 (c. 42), section 139 and Schedule 6, paragraph 11.

147

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 Sections 1 to 7, 9 to 11, 16, 17, 19 to 24, 26 to 29 and 32 were repealed by the Sexual Offences Act 2003, section 139 and Schedule 6, paragraph 11.

148

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 Section 128 was repealed by the Sexual Offences Act 2003, section 139 and Schedule 6, paragraph 13.

149

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 The Act was repealed by the Sexual Offences Act 2003, section 139 and Schedule 6, paragraph 14.

150

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 Sections 4 and 5 were repealed by the Sexual Offences Act 2003, section 139 and Schedule 6, paragraph 15.

151

152

153

154

155

156

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.

157

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.

158

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.

159

1981 c. 47.

160

1983 c. 20.

161

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.

162

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

163

164

165

166

167

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.

168

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

169

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.

170

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.

171

SI 1997/597.

172

2008 c. 15.

173

1952 c. 67.

174

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

175

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.

176

S.I. 2006/2917.

177

S.I. 2006/2918.

178

S.I. 2007/650.

179

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

180

181

182

183

184

S.I. 1976/1042 (N.I. 15).

185

1996 c. 18.

186

S.I. 1997/869 (N.I. 6).

187

1947 c. 24.

188

1865 c. 73.

189

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.

190

1898 c. 36.

191

1884 c. 55.

192

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

193

194

195

196

197

198

199

200

201

202

203

204

205

206

207

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.

208

S.I. 1978/1908 (N.I. 27).

209

1980 c. 43.

210

1981 c. 14.

211

1981 c. 49.

212

213

214

215

216

217

218

219

220

221

S.I. 1989/1341 (N.I. 12).

222

223

224

225

226

227

228

229

230

231

232

S.I. 1997/1183 (N.I. 12).

233

234

235

236

237

238

239

240

241

242

243

244

245

246

247

248

249

250

251

252

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

253

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

254

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

255

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

256

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

257

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

258

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

259

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

260

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

261

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)

262

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

263

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;

(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”.

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