Armed Forces Act 2006
Armed Forces Act 2006 (2006 c. 52)
- Armed Forces Act 2006 (2006 c. 52)
- First Group of Parts Discipline
- Part 1 Offences
- Assisting an enemy, misconduct on operations etc
- 1 Assisting an enemy
- 2 Misconduct on operations
- 3 Obstructing operations
- 4 Looting
- 5 Failure to escape etc
- Mutiny
- 6 Mutiny
- 7 Failure to suppress mutiny
- Desertion and absence without leave
- 8 Desertion
- 9 Absence without leave
- 10 Failure to cause apprehension of deserters or absentees
- Insubordination etc
- 11 Misconduct towards a superior officer
- 12 Disobedience to lawful commands
- 13 Contravention of standing orders
- 14 Using force against a sentry etc
- Neglect of duty and misconduct
- 15 Failure to attend for or perform duty etc
- 16 Malingering
- 17 Disclosure of information useful to an enemy
- 18 Making false records etc
- 19 Conduct prejudicial to good order and discipline
- 20 Unfitness or misconduct through alcohol or drugs
- 20A Exceeding alcohol limit for prescribed safety-critical duties
- 21 Fighting or threatening behaviour etc
- 22 Ill-treatment of subordinates
- 23 Disgraceful conduct of a cruel or indecent kind
- Property offences
- 24 Damage to or loss of public or service property
- 25 Misapplying or wasting public or service property
- 26 Sections 24 and 25: “public property” and “service property”
- Offences against service justice
- 27 Obstructing or failing to assist a service policeman
- 28 Resistance to arrest etc
- 29 Offences in relation to service custody
- 30 Allowing escape, or unlawful release, of prisoners etc
- Ships and aircraft
- 31 Hazarding of ship
- 32 Giving false air signals etc
- 33 Dangerous flying etc
- 34 Low flying
- 35 Annoyance by flying
- 36 Inaccurate certification
- 37 Prize offences by officer in command of ship or aircraft
- 38 Other prize offences
- Attempts, encouragement and assistance , and aiding and abetting
- 39 Attempts
- 40 Encouraging and assisting
- 41 Aiding, abetting, counselling or procuring
- Criminal conduct
- 42 Criminal conduct
- 43 Attempting criminal conduct
- 44 Trial of section 42 offence of attempt
- 45 Conspiring to commit criminal conduct
- 46 Encouraging or assisting criminal conduct
- 47 Aiding, abetting, counselling or procuring criminal conduct
- 48 Provision supplementary to sections 43 to 47
- 49 Air Navigation Order offences
- Part 2 Jurisdiction and Time Limits
- Chapter 1 Jurisdiction
- Court Martial
- 50 Jurisdiction of the Court Martial
- Service Civilian Court
- 51 Jurisdiction of the Service Civilian Court
- Commanding officers
- 52 Charges capable of being heard summarily
- 53 Offences that may be dealt with at a summary hearing
- 54 Charges which may be heard summarily only with permission or by senior officer
- Chapter 2 Time Limits for Commencing Proceedings
- Time limits for offences other than Reserve Forces Act offences
- 55 Time limit for charging former member of a regular or reserve force
- 56 Time limit for charging certain members or former members of ex-regular reserve forces
- 57 Time limit for charging person formerly subject to service law
- 58 Time limit for charging civilian formerly subject to service discipline
- 59 Time limit for charging offence under section 107
- 60 Time limit for charging offence under section 266
- 61 Sections 55 to 60: exceptions and interpretation
- Time limit for Reserve Forces Act offences
- 62 Time limit for charging Reserve Forces Act offences
- Chapter 3 Double Jeopardy
- 63 Service proceedings barring subsequent service proceedings
- 64 Service proceedings barring subsequent civilian proceedings
- 65 Sections 63 and 64: supplementary
- 66 Civilian proceedings barring subsequent service proceedings
- Part 3 Powers of Arrest, Search and Entry
- Chapter 1 Arrest etc
- Powers of arrest
- 67 Power of arrest for service offence
- 68 Section 67: supplementary
- 69 Power of arrest in anticipation of commission of service offence
- Search on arrest
- 70 Search by service policeman upon arrest
- 71 Search by other persons upon arrest
- 72 Sections 70 and 71: supplementary
- 73 Seizure and retention after search upon arrest
- 74 Power to make provision conferring power to search premises at which person arrested
- Chapter 2 Stop and Search
- 75 Power of service policeman to stop and search persons, vehicles etc
- 76 Stop and search by persons other than service policemen
- 77 Sections 75 and 76: definitions
- 78 Places in which powers under sections 75 and 76 may be exercised
- 79 Sections 75 and 76: limitation on searching persons or vehicles in certain gardens etc
- 80 Searches under sections 75 and 76: supplementary
- 81 Power to make further provision about searches under sections 75 and 76
- 82 Application of Chapter to ships and aircraft
- Chapter 3 Powers of Entry, Search and Seizure
- Entry for purposes of obtaining evidence etc
- 83 Power of judge advocate to authorise entry and search
- 84 Section 83: definitions
- 85 Section 83: power to make supplementary provision
- 86 Power to make provision as to access to excluded material etc
- 87 Power of CO to authorise entry and search by service policeman
- 88 Power of CO to authorise entry and search by other persons
- 89 Review by judge advocate of certain searches under section 87 or 88
- Entry for purposes of arrest etc
- 90 Entry for purpose of arrest etc by a service policeman
- 91 Entry for purpose of arrest etc by other persons
- Additional powers of entry, search and seizure
- 92 Power to make provision conferring powers of entry and search after arrest
- 93 Power to make provision conferring power of seizure etc
- 93ZE Powers of seizure equivalent to powers under section 13 of the Terrorism Act 2000
- CHAPTER 3A Testing for alcohol and drugs in connection with a suspected offence or accident
- Preliminary testing for alcohol and drugs
- 93A Commanding officer's power to require preliminary tests
- 93AA Section 93A: interpretation
- 93B Preliminary breath test
- 93C Preliminary impairment test
- 93D Preliminary drug test
- Provision of specimens for analysis
- 93E Provision of specimens for analysis
- 93F Further provision about specimens under section 93E
- 93G Specimens of blood from persons incapable of consenting
- General provisions relating to testing
- 93H Patients in medical establishments
- 93I Definitions for purposes of Chapter 3A
- Chapter 4 Supplementary
- 94 Property in possession of service police or CO
- 94A Property subject to deprivation order: modification of section 94
- 95 Saving provision
- 96 “Service living accommodation”, “premises” and other definitions
- 97 Power to use reasonable force
- Part 4 Custody
- Chapter 1 Custody without Charge
- 98 Limitations on custody without charge
- 99 Authorisation by commanding officer of custody without charge
- 100 Review of custody by commanding officer
- 101 Extension by judge advocate of custody without charge
- 102 Further provision about applications under section 101
- 103 Custody without charge: other cases
- 104 Custody without charge: supplementary
- Chapter 2 Custody etc after Charge
- Custody after charge
- 105 Custody after charge
- 106 Conditions A to D
- 107 Release from custody after charge
- 108 Review of custody after charge
- 109 Custody during proceedings of Court Martial or Service Civilian Court
- Arrest after charge
- 110 Arrest after charge or during proceedings by order of commanding officer
- 111 Arrest during proceedings at direction of court
- Chapter 3 Custody Proceedings Rules
- 112 Custody proceedings rules
- Part 5 Investigation, Charging and Mode of Trial
- Chapter 1 Investigation
- Duties of commanding officers
- 113 CO to ensure service police aware of possibility serious offence committed
- 114 CO to ensure service police aware of certain circumstances
- 115 Duty of CO with respect to investigation of service offences
- Provost Marshal's duty in relation to independence of investigations
- 115A Provost Marshal's duty in relation to independence of investigations
- Duty of service policeman following investigation
- 116 Referral of case following investigation by service or civilian police
- 117 Section 116: position where investigation is of multiple offences or offenders
- 118 Duty of service policeman to notify CO of referral to DSP
- Chapter 2 Charging and Mode of Trial
- Powers of charging etc
- 119 Circumstances in which CO has power to charge etc
- 120 Power of CO to charge etc
- 121 Power of DSP to charge or direct bringing of charge etc
- 122 Charges brought by or at direction of DSP
- Powers of commanding officer or DSP after charge etc
- 123 Powers of CO after charge
- 124 CO to hear charge allocated for summary hearing
- 125 Powers of DSP in respect of charge allocated for Court Martial trial
- 126 Powers of DSP in respect of charge allocated for SCC trial
- Chapter 3 Supplementary
- 127 Directions by DSP barring further proceedings
- 128 Regulations for purposes of Part 5
- Part 6 Summary Hearing and Appeals and Review
- Chapter 1 Summary Hearing
- Right to elect Court Martial trial
- 129 Right to elect Court Martial trial
- 130 Further consequences of election for Court Martial trial
- 130A Restrictions on DSP's powers to substitute or add charges after election
- Summary hearing
- 131 Summary hearing
- Punishments available to commanding officer
- 132 Punishments available to commanding officer
- 133 Detention: limits on powers
- 134 Forfeiture of seniority: requirement for approval
- 135 Reduction in rank: limits on powers
- 135A Extended powers: time for obtaining
- 136 Fine: maximum amount
- 137 Service compensation orders: maximum amount
- 138 Prohibited combinations of punishments
- 139 Savings for maximum penalties for offences
- Chapter 2 The Summary Appeal Court
- 140 The Summary Appeal Court
- 141 Right of appeal
- 142 Constitution of the SAC for appeals
- 143 Officers and warrant officers qualified for membership of the SAC
- 144 Officers and warrant officers ineligible for membership in particular circumstances
- 145 Open court
- 146 Hearing of appeals
- 147 Powers of the SAC
- 148 Effect of substituted punishment
- 149 Making of, and appeals from, decisions of the SAC
- 150 Privileges of witnesses and others
- 151 SAC rules
- Chapter 3 Review of Summary Findings and Punishments
- 152 Review of summary findings and punishments
- Chapter 4 Summary Hearings etc Rules
- 153 Summary hearings etc rules
- Part 7 Trial by Court Martial
- Chapter 1 The Court Martial
- 154 The Court Martial
- 155 Constitution of the Court Martial
- 156 Officers etc qualified for membership of the Court Martial
- 157 Officers etc ineligible for membership in particular circumstances
- Chapter 2 Court Martial Proceedings
- 158 Open court
- 159 Rulings and directions
- 160 Decisions of Court Martial: finding and sentence
- 161 Power of Court Martial to convict of offence other than that charged
- 162 Privileges of witnesses and others
- 163 Court Martial rules
- 163A Offences
- Chapter 3 Punishments Available to Court Martial
- 164 Punishments available to Court Martial
- 165 Sentencing powers of Court Martial where election for trial by that court instead of CO
- Chapter 4 Findings of Unfitness to Stand Trial and Insanity
- 166 Fitness to stand trial
- 167 Finding that defendant did the act or made the omission charged
- 168 Findings of insanity
- 169 Powers where person unfit to stand trial or not guilty by reason of insanity
- 170 Service supervision orders
- 171 Remission for trial
- 172 Provision supplementary to sections 166 and 168
- Part 8 Sentencing Powers and Mandatory etc Sentences
- Chapter 1 Definition etc of Certain Sentences
- Service supervision and punishment orders
- 173 Service supervision and punishment orders
- 174 Review of service supervision and punishment orders
- Service compensation orders
- 175 Service compensation orders
- 176 Service compensation orders: appeals etc
- 177 Review of service compensation orders
- 177A Effect of service compensation order on subsequent award of damages in civil proceedings
- Deprivation orders
- 177B Deprivation orders: interpretation
- 177C Deprivation order: availability
- 177D Vehicle to be treated as used for purposes of certain offences
- 177DA Purported intimate images to be treated as used for purpose of certain offences
- 177E Exercise of power to make deprivation order
- 177F Application of proceeds of property subject to deprivation order
- Driving disqualification orders
- 177G Driving disqualification orders
- 177H Driving disqualification: availability
- 177I Disqualification period
- 177J Extension of disqualification where custodial sentence or service detention also imposed
- 177K Effect of custodial sentence or service detention in other cases
- 177L Requirement to produce licences where driving disqualification order made
- 177M Driving disqualification: power to make equivalent provision to Road Traffic Offenders Act 1988
- Service community orders (civilians and dismissed servicemen only)
- 178 Service community orders
- 179 Review of service community order imposing drug rehabilitation requirement
- 180 Transfer of service community order to Scotland or Northern Ireland
- 181 Breach, revocation or amendment of service community order
- Overseas community orders (civilians only)
- 182 Overseas community orders
- 183 Overseas community orders: modifications of the Sentencing Code
- 184 Breach, revocation or amendment of overseas community order
- Conditional or absolute discharge (civilians only)
- 185 Conditional or absolute discharge
- 186 Commission of further offence by person conditionally discharged
- 187 Effect of discharge
- Chapter 2 Consecutive Sentences
- 188 Consecutive custodial sentences
- 189 Consecutive sentences of service detention
- Chapter 3 Suspended Sentence of Service Detention
- 190 Suspension of sentence of service detention
- 191 Activation by Court Martial of suspended sentence of service detention
- 192 Activation by Court Martial: appeals
- 193 Activation by CO of suspended sentence of service detention
- 194 Activation by CO: maximum term
- 194A Extended powers of activation: time for obtaining
- 195 Suspended sentences: powers of SAC
- Chapter 4 Imprisonment for Term of two years or less
- ...
- 196 Term of sentence etc
- Imprisonment with or without “custody plus” order
- 197 Imprisonment with or without a custody plus order
- 198 Transfer to Scotland or Northern Ireland of custody plus order
- 199 Revocation and amendment of custody plus orders
- Suspended sentences of imprisonment
- 200 Suspended sentence orders
- 200ZA Modifications of sections 264 and 277 of the Sentencing Code
- 200ZB Modifications of sections 264A and 277A of the Sentencing Code
- 200A Modifications of section 286 of the Sentencing Code
- 201 Order without community requirements: provisions not applying
- 202 Order with community requirements: disapplication of certain provisions
- 203 Review of order with community requirements
- 204 Transfer to Scotland or Northern Ireland of order with community requirements
- 205 Amendment of order with community requirements
- 206 Suspended sentence: further conviction or breach of community requirement
- Supplementary
- 207 Definitions for purposes of Chapter
- Chapter 5 Young Offenders: Custodial Sentences Available to Service Courts
- Prohibition on imposing imprisonment on persons under 18
- 208 Prohibition on imposing imprisonment on persons under 21
- Detention for certain serious offences
- 209 Offenders under 18 convicted of certain serious offences: detention for specified period
- 210 Detention under section 209: place of detention etc
- 210A Offenders under 21: offences other than murder; discretionary custody for life
- 210B Offenders under 21: power to impose detention in a young offender institution
- Detention and training orders
- 211 Offenders under 18: detention and training orders
- 212 Term of detention and training order: general
- 213 Application of provisions relating to civilian detention and training orders
- 213A Period in service custody: effect on term of detention and training order
- 213B Period of custody awaiting extradition: effect on term of detention and training order
- 214 Offences during currency of detention and training order
- 215 Section 214: definitions etc
- 216 Appeals against orders under section 214
- Chapter 6 Mandatory etc Custodial Sentences for Certain Offences
- Mandatory sentences
- 217 Mandatory life imprisonment
- 218 Offenders who commit murder etc when under 18: mandatory detention at Her Majesty's pleasure
- Required or discretionary sentences for particular offences
- 218A Life sentence for second listed offence
- 219 Life sentence for certain dangerous offenders aged 18 or over
- 219A Extended sentence for certain violent , sexual or terrorism offenders aged 18 or over
- 220 Certain violent or sexual offences: offenders aged 18 or over
- 221 Life sentence for certain dangerous offenders aged under 18
- 221A Extended sentence for certain violent , sexual or terrorism offenders aged under 18
- 222 Offenders aged under 18: certain violent or sexual offences
- 223 “The required opinion” for purposes of sections 219 to 221A
- 224 Place of detention for extended sentences for offenders aged under 18
- 224A Special custodial sentence for certain offenders of particular concern
- 225 Third drug trafficking offence
- 226 Third domestic burglary
- 227 Firearms offences
- 227A Offences of threatening with a weapon in public or on school premises
- 228 Appeals where previous convictions set aside
- Chapter 7 Court Orders Other Than Sentences
- Service restraining orders
- 229 Service restraining orders
- 230 Service restraining orders: supplementary
- 231 Service restraining orders: appeals
- 232 Service restraining orders: variation and revocation
- Service sexual offences prevention orders etc
- 232A Service sexual offences prevention orders
- 232B Service SOPOs: appeals
- 232C Service SOPOs etc: variation and revocation
- 232D Variation or revocation: appeals
- 232E Extended prohibitions orders
- 232F Extended prohibitions orders: appeals
- 232G Offence: breach of order under section 232A or 232E
- Order for parent or guardian to enter into recognizance
- 233 Order for service parent or service guardian to enter into recognizance
- 234 Recognizances and fines under section 233: further provision
- 235 Recognizances: appeals, variation and revocation
- 236 Forfeiture of recognizance
- Disqualification of offenders for holding elective office etc
- 236A Disqualification orders
- 236B Effect of disqualification order
- Part 9 Sentencing: Principles and Procedures
- Chapter 1 Principles and Procedures applying to Service Courts and Summary Hearings
- General sentencing principles
- 237 Duty to have regard to purposes of sentencing etc
- 238 Deciding the seriousness of an offence
- 239 Reduction in sentences for guilty pleas
- 240 Increase in sentence for racial or religious aggravation
- 241 Increase in sentence for aggravation related to disability , sexual orientation or transgender identity
- Service detention and custodial sentences
- 242 Service detention: general restriction
- 243 Length of term of service detention: general provision
- 244 Limit on combined term of sentences of service detention
- 245 Section 244: supplementary
- 246 Crediting of time in service custody: terms of imprisonment and detention
- 247 Crediting of time in service custody: supplementary
- Forfeiture of seniority and reduction in rank
- 248 Forfeiture of seniority and reduction in rank or disrating: general restriction
- Financial punishments
- 249 Fixing of fines
- 250 Determination of service compensation order
- 251 Power to allow payment of fine or service compensation order by instalments
- Reasons
- 252 Duty to give reasons and explain sentence
- 253 Duties in complying with section 252
- Savings
- 254 Savings for powers to mitigate sentence etc
- Chapter 2 Principles and Procedures applying to Service Courts Only
- General
- 255 Individual sentence for each offence
- 256 Pre-sentence reports
- 257 Pre-sentence reports: supplementary
- 258 Mentally disordered offenders: requirement for medical report
- 259 Sentencing guidelines
- Custodial sentences and service detention
- 260 Discretionary custodial sentences: general restrictions
- 261 Length of discretionary custodial sentences: general provision
- 261A Life sentences: further provision
- 262 Power to recommend licence conditions
- 262A Conversion of sentence of detention to sentence of imprisonment
- 263 Restriction on imposing custodial sentence or service detention on unrepresented offender
- 264 Effect of duties to pass custodial sentences on other powers of punishment
- Dismissal
- 265 Dismissal: general restrictions
- Financial punishments
- 266 Financial statement orders
- 267 Power of court to remit fine
- 268 Order for service parent or service guardian to pay fine or compensation
- 269 Fixing of fine or compensation to be paid by parent or guardian
- 269A Fines: fixing of term of imprisonment for default
- 269B Service compensation orders: power to set maximum term of imprisonment for default
- 269C Orders under section 269A or 269B against service parents or service guardians: appeals
- Community punishments
- 270 Community punishments: general restrictions etc
- 270A Exception to restrictions on community punishments
- Chapter 3 Supplementary
- 271 Civilian courts dealing with service offences
- Part 10 Court Martial Decisions: Appeals and Review
- Chapter 1 Appeals from Court Martial
- 272 Appeals to the Court Martial Appeal Court
- Chapter 2 Review of Court Martial Sentence
- 273 Review of unduly lenient sentence by Court Martial Appeal Court
- 274 Reference of point of law to Supreme Court
- 275 Power to make supplementary provision about review of sentence
- Chapter 3 Compensation for Miscarriages of Justice
- 276 Compensation for miscarriages of justice
- 276A Miscarriages of justice: amount of compensation
- 276B Cases where person has been detained for at least 10 years
- Part 11 The Service Civilian Court
- The Service Civilian Court: court and proceedings
- 277 The Service Civilian Court
- 278 Constitution and proceedings of the Service Civilian Court
- 279 Court must consider whether trial by Court Martial more appropriate
- 280 Right to elect trial by Court Martial instead of by SCC
- 281 Power of SCC to convict of offence other than that charged
- Punishments available to Service Civilian Court
- 282 Punishments available to Service Civilian Court
- 283 Imprisonment: maximum term
- 284 Fines and compensation orders: maximum amounts
- Appeals from Service Civilian Court
- 285 Right of appeal from SCC
- 286 Hearing of appeals from SCC
- 287 Findings made and sentences passed by Court Martial on appeal from SCC
- SCC rules
- 288 SCC rules
- Part 12 Service and Effect of Certain Sentences
- Commencement of sentence
- 289 Commencement of sentences of the Court Martial and Service Civilian Court
- 290 Commencement of term of service detention awarded by CO
- 291 Commencement of consecutive term of service detention awarded by CO
- 292 Commencement of suspended sentence activated by CO
- Effect of custodial sentence or detention on rank or rate
- 293 Effect on rank or rate of WOs and NCOs of custodial sentence or sentence of service detention
- 294 Rank or rate of WOs and NCOs while in custody pursuant to custodial sentence etc
- Effect of dismissal
- 295 Effect of sentence of dismissal
- Service of sentence
- 296 Service detention
- 297 Detention in service custody following passing of custodial sentence etc
- 298 Removal to England and Wales following passing of custodial sentence etc
- 299 Duty to receive prisoners
- 300 Service custody etc rules
- 301 Duration of sentences: persons unlawfully at large or on temporary release
- 302 Remission of certain sentences on passing of custodial sentence etc
- 303 Power of service policeman to arrest person unlawfully at large
- Supplementary
- 304 Sentences passed by civilian courts
- PART 12A Offenders assisting investigations and prosecutions
- 304A Immunity from prosecution
- 304B Undertakings as to use of evidence
- 304C Reduction in sentence
- 304D Review of sentence following offer of assistance
- 304E Review of sentence following failure to assist
- 304F Sections 304C to 304E: statements in open court
- 304G Sections 304D and 304E: exclusion of public from review proceedings
- 304H Meaning of “sentence”
- Part 13 Discipline: Miscellaneous and Supplementary
- Chapter 1 Random Drug Testing
- 305 Random drug testing
- 306 Testing for alcohol and drugs after serious incident
- 307 Definitions etc for purposes of section 306
- 308 Section 305: supplementary
- Chapter 2 Contempt of Court
- 309 Offences of misbehaviour in court etc
- 310 Power to detain before dealing with section 309 offence
- 311 Certification to civil courts
- 312 Decisions of court under section 309: making and effect
- Chapter 3 Arrest and Detention by Civil Authorities
- Arrest for service offences
- 313 Arrest by civilian police under warrant of judge advocate
- Arrest etc for desertion or absence without leave
- 314 Arrest by civilian police of deserters and absentees without leave
- 315 Deserters and absentees without leave surrendering to civilian police
- 316 Proceedings before civilian court where person suspected of illegal absence
- 317 Warrant for the arrest of persons released under section 315(4)(c) or 316(3)(a)(ii)
- Arrest of persons unlawfully at large
- 318 Arrest by civilian police of persons unlawfully at large
- Supplementary
- 319 Certificates in connection with transfer to service custody etc
- 320 Power to use reasonable force
- Chapter 3A Guidance on Exercise of Criminal Jurisdiction
- 320A Guidance on exercise of criminal jurisdiction: England or Wales
- 320B Guidance on exercise of criminal jurisdiction: Scotland
- 320C Guidance on exercise of criminal jurisdiction: Northern Ireland
- Chapter 4 Powers of the Criminal Cases Review Commission
- 321 Powers of the Criminal Cases Review Commission
- Chapter 4A Inspection of service police investigations
- 321A Inspection of service police investigations
- 321B Inspectors' reports to be laid before Parliament
- Chapter 5 Supplementary
- Financial penalty enforcement orders
- 322 Financial penalty enforcement orders
- Power to make provision in consequence of criminal justice enactments
- 323 Power to make provision in consequence of criminal justice enactments
- 324 Section 323: definitions
- Other supplementary provisions
- 325 Evidential burden as respects excuses
- 326 Exclusion of enactments requiring consent of Attorney General or DPP
- 327 Local probation boards
- Second Group of Parts Miscellaneous Matters
- Part 14 Enlistment, Terms of Service etc
- Enlistment, terms of service etc
- 328 Enlistment
- 329 Terms and conditions of enlistment and service
- 330 Desertion and absence without leave: forfeiture of service etc
- 331 Discharge etc from the regular forces and transfer to the reserve forces
- 332 Administrative reduction in rank or rate
- 333 Pay, bounty and allowances
- Redress of individual grievances
- 334 Redress of individual grievances: service complaints
- 335 Service complaints: role of Defence Council and service complaint panels
- 336 Composition and procedure of service complaint panels
- 336A Requirement to delegate to service complaint panel
- 337 Reference of individual grievance to Her Majesty
- Role of Service Complaints Commissioner
- 338 Referral by Service Complaints Commissioner of certain allegations
- 339 Reports by Commissioner on system for dealing with service complaints etc
- Restriction on aliens
- 340 Restriction on aliens in regular forces etc
- Part 14A Addressing service complaints and general service welfare matters
- Service complaints
- 340A Who can make a service complaint?
- 340B Procedure for making a complaint and determining admissibility
- Decisions and appeals
- 340C Decisions on service complaints
- 340D Appeals
- 340E Further provision about persons and panels deciding service complaints etc
- Investigation, delegation and time limits
- 340F Investigation of complaints and delegation of Defence Council functions
- 340G Service complaints: other time limits
- Investigations by Armed Forces Commissioner of service complaints
- 340H Commissioner investigations of service complaints
- 340I Procedure on Commissioner investigations of service complaints
- Investigations by Armed Forces Commissioner of general service welfare matters
- 340IA Commissioner investigations of general service welfare matters
- 340IB Power of entry to service premises
- Armed Forces Commissioner investigations: supplementary matters
- 340J Power to require information, documents and evidence
- 340K Obstruction and contempt
- Reports of investigation
- 340L Report and recommendations : service complaints investigations
- 340LA Report and recommendations: general service welfare investigations
- 340M Action following receipt of report under section 340L
- Armed Forces Commissioner’s function of referring allegations
- 340N Referral of certain allegations
- Annual report by Armed Forces Commissioner
- 340O Annual report of Armed Forces Commissioner
- Part 14B Service police: complaints, misconduct etc
- Functions of the Service Police Complaints Commissioner
- 340P Complaints, misconduct etc
- 340Q Investigation of concerns raised by whistle-blowers
- Super-complaints
- 340R Power to make super-complaints
- Part 15 Forfeitures and Deductions
- 341 Forfeitures and deductions: general provisions
- 342 Permitted forfeitures and deductions
- Part 16 Inquiries
- 343 Service inquiries
- Part 16A Armed forces covenant report
- 343A Armed forces covenant report
- 343AA Due regard to principles: England
- 343AB Due regard to principles: Wales
- 343AC Due regard to principles: Scotland
- 343AD Due regard to principles: Northern Ireland
- 343AE Sections 343AA to 343AD: guidance
- 343AF Sections 343AA to 343AD: power to add bodies and functions
- 343B Interpretation of Part
- Part 17 Miscellaneous
- Offences relating to service matters punishable by civilian courts
- 344 Aiding or abetting etc desertion or absence without leave
- 345 Aiding or abetting etc malingering
- 346 Obstructing persons subject to service law in course of duty
- 347 Sections 344 to 346: supplementary provisions
- 348 British overseas territories: references to maximum penalties
- Exemptions from certain civil matters
- 349 Exemption from tolls and charges
- 350 Exemption of property used for service purposes from execution
- Powers of officers etc
- 351 Detention etc of persons in overseas service hospitals
- 352 Power to take affidavits and declarations
- Protection of children of service families
- 353 Protection of children of service families
- Miscellaneous
- 354 Extension of powers of command dependent on rank or rate
- 355 Service of process
- 356 Avoidance of assignment of or charge on pay and pensions etc
- 357 Power of British overseas territory to apply Act, etc
- 358 Amendments relating to reserve forces
- 359 Pardons for servicemen executed for disciplinary offences: recognition as victims of First World War
- Third Group of Parts General
- Part 18 Commanding Officer and Other Persons with Functions under Act
- Officers
- 360 Meaning of “commanding officer”
- 361 Meaning of “higher authority”
- Court officials
- 362 Judge advocates
- 363 Court administration officer
- Service Prosecuting Authority
- 364 Director of Service Prosecutions
- 365 Prosecuting officers
- Armed Forces Commissioner
- 365AA Armed Forces Commissioner
- Provost Marshals
- 365A Provost Marshals: appointment
- ...
- 365B Service Complaints Ombudsman
- Service Police Complaints Commissioner
- 365BA Service Police Complaints Commissioner
- 365BB Investigating officers
- ...
- 366 Service Complaints Commissioner
- Part 19 Supplementary
- Chapter 1 Application of Act
- Persons subject to service law
- 367 Persons subject to service law: regular and reserve forces
- 368 References to members of the regular forces
- 369 Members of British overseas territories' forces serving with UK forces
- Civilians subject to service discipline
- 370 Civilians subject to service discipline
- Naval chaplains
- 371 Naval chaplains
- Protected prisoners of war
- 371A Power to make provision in relation to protected prisoners of war
- Chapter 2 Other Supplementary Provisions
- 372 Evidence in proceedings before civilian courts
- 373 Orders, regulations and rules
- Chapter 3 Interpretation
- 374 Definitions applying for purposes of whole Act
- 375 Definitions relating to the service police and other police forces
- 376 “Conviction”, “sentence” etc in relation to summary hearings and the SAC
- 377 Further interpretive provisions
- Chapter 4 Final Provisions
- 378 Minor and consequential amendments and repeals
- 379 Power to make further amendments and repeals
- 380 Power to make transitional and transitory provision
- 381 Alignment of SDAs etc with this Act
- 382 Duration of this Act
- 383 Commencement
- 384 Extent to Channel Islands, Isle of Man and British overseas territories
- 385 Extent of applied enactments
- 386 Short title
- SCHEDULES
- SCHEDULE 1 Criminal conduct offences that may be dealt with at a summary hearing
- Part 1 Offences that may be dealt with without permission
- Part 2 Offences that may be dealt with only with permission
- SCHEDULE 2 “Schedule 2 offences”
- SCHEDULE 2A Offences relating to members of the Court Martial
- Interpretation
- Research by lay members
- Sharing research with other lay members
- Engaging in other prohibited conduct
- Disclosing information about members' deliberations etc
- Disclosing information about members' deliberations etc: initial exceptions
- Disclosing information about members' deliberations etc: further exceptions
- Disclosing information about members' deliberations: exceptions for soliciting disclosures or obtaining information
- Saving for contempt of court
- SCHEDULE 3 Civilians etc: modifications of Court Martial sentencing powers
- Part 1 Civilian offenders
- Part 2 Ex-servicemen etc
- SCHEDULE 3A Court Martial sentencing powers where election for trial by that court instead of CO
- Part 1 Relevant offences
- Part 2 Sentencing powers etc
- Sentencing powers: single relevant offence
- Multiple relevant offences
- Sentencing powers: multiple relevant offences
- Further provision about sentencing
- Activation of suspended sentence of detention
- Court orders other than sentences
- Review of unduly lenient sentences
- Appeals: application of Court Martial Appeals Act 1968 to multiple relevant offences
- Part 3 Interpretation
- “Commanding officer”
- Substituted charges
- SCHEDULE 4 Unfitness and insanity: modifications of Mental Health Act 1983
- Hospital orders
- Restriction orders
- Remand orders
- Interim hospital orders
- SCHEDULE 5 Breach, revocation and amendment of community punishments
- Part 1 Service community orders
- General
- Breach of requirement of order
- Revocation of order
- Amendment of order
- Powers of civilian courts in relation to order following subsequent conviction
- Re-sentencing powers
- Part 2 Overseas community orders
- General
- Breach of requirement of order
- Revocation of order
- Amendment of order
- Powers in relation to order following subsequent conviction
- Supplementary provisions relating to orders
- Court Martial rules
- Appeals
- SCHEDULE 6 Overseas community orders: young offenders
- Unpaid work requirement
- Exclusion requirement
- Residence requirement
- Mental health requirement
- Drug rehabilitation requirement
- Alcohol treatment requirement
- Education requirement
- Power to amend
- SCHEDULE 6A Breach, revocation and amendment of overseas community orders
- Preliminary
- Breach of requirement of order
- Revocation of order
- Amendment of order
- Conviction of further offence
- Supplementary
- Court Martial Rules
- Appeals
- SCHEDULE 7 Suspended sentence orders: breach or amendment; effect of further conviction
- Preliminary
- Breach of community requirement or conviction of further offence
- Amendment of order
- Supplementary
- SCHEDULE 8 Amendment of the Courts-Martial (Appeals) Act 1968
- SCHEDULE 9 Assessors of compensation for miscarriages of justice
- SCHEDULE 10 Proceedings of the Service Civilian Court
- Court to sit in public
- Unfitness to stand trial and insanity
- Privilege of witnesses and others
- SCHEDULE 11 Powers of the Criminal Cases Review Commission
- Amendment of the Court Martial Appeals Act 1968
- Amendments of the Criminal Appeal Act 1995
- SCHEDULE 12 Detention etc of persons in overseas service hospitals
- The relevant conditions
- Order for person's detention in overseas service hospital
- Effect of order under paragraph 2
- Requirements as to recommendations under paragraph 2
- Exercise of powers under paragraph 2 where person's commanding officer is absent etc
- Power to review order under paragraph 2
- Detention of resident patients in overseas service hospitals pending order under paragraph 2(3)
- Urgent removal from service living accommodation to overseas service hospital
- Urgent removal from other places to overseas service hospital
- Use of force
- Service custody
- Definitions
- SCHEDULE 13 Protection of children of service families
- SCHEDULE 14 Amendments relating to reserve forces
- Reserve Forces Act 1980 (c. 9)
- Reserve Forces Act 1996 (c. 14)
- SCHEDULE 14ZA The Armed Forces Commissioner
- Status
- Appointment
- Disqualification
- Term of office
- Deputy Commissioners
- Vacancy or incapacity
- Staff
- Delegation of functions
- Liability
- Financial and other assistance from the Secretary of State
- Schedule 14A The Service Police Complaints Commissioner
- Status
- Appointment
- Disqualification
- Vacancy or incapacity
- Term of office
- Delegation of functions
- Liability
- SCHEDULE 15 Civilians subject to service discipline
- Part 1 Civilians subject to service discipline
- Persons in one of Her Majesty's aircraft in flight
- Persons in one of Her Majesty's ships afloat
- Persons in service custody etc
- Crown servants in designated area working in support of Her Majesty's forces
- Persons working for specified military organisations
- Persons in designated area who are members or employees of other specified organisations
- Persons designated by or on behalf of Defence Council
- Persons residing or staying with person subject to service law in designated area
- Persons residing or staying with person falling within paragraph 4 or 6 in designated area
- Persons residing or staying with person falling within paragraph 5
- Part 2 Exclusion and definitions
- Exclusion
- Definitions
- SCHEDULE 16 Minor and consequential amendments
- Metropolitan Police Act 1860 (c. 135)
- Naval and Marine Pay and Pensions Act 1865 (c. 73)
- Naval Pensions Act 1884 (c. 44)
- Foreign Marriage Act 1892 (c. 23)
- Regimental Debts Act 1893 (c. 5)
- Uniforms Act 1894 (c. 45)
- Criminal Evidence Act 1898 (c. 36)
- Air Force (Constitution) Act 1917 (c. 51)
- Visiting Forces (British Commonwealth) Act 1933 (c. 6)
- Defence (Armed Forces) Regulations 1939 (S.I. 1939/1304)
- Courts-Martial (Appeals) Act 1951 (c. 46)
- Prison Act 1952 (c. 52)
- Visiting Forces Act 1952 (c. 67)
- Army Act 1955 (3 & 4 Eliz. 2 c. 18)
- Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)
- Naval Discipline Act 1957 (c. 53)
- Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58)
- Public Records Act 1958 (c. 51)
- Coroners Act (Northern Ireland) 1959 (c. 15)
- Administration of Justice Act 1960 (c. 65)
- Criminal Justice Act 1961 (c. 39)
- Parliamentary Commissioner Act 1967 (c. 13)
- Criminal Justice Act 1967 (c. 80)
- Civil Evidence Act 1968 (c. 64)
- Equal Pay Act 1970 (c. 41)
- Equal Pay Act (Northern Ireland) 1970 (c. 32)
- Civil Evidence Act (Northern Ireland) 1971 (c. 36)
- Juries Act 1974 (c. 23)
- Rehabilitation of Offenders Act 1974 (c. 53)
- House of Commons Disqualification Act 1975 (c. 24)
- Northern Ireland Assembly Disqualification Act 1975 (c. 25)
- Sex Discrimination Act 1975 (c. 65)
- Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c. 14)
- Bail Act 1976 (c. 63)
- Race Relations Act 1976 (c. 74)
- Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))
- Judicature (Northern Ireland) Act 1978 (c. 23)
- Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))
- Magistrates' Courts Act 1980 (c. 43)
- Public Passenger Vehicles Act 1981 (c. 14)
- Contempt of Court Act 1981 (c. 49)
- Senior Courts Act 1981 (c. 54)
- Criminal Justice Act 1982 (c. 48)
- Representation of the People Act 1983 (c. 2)
- Mental Health Act 1983 (c. 20)
- Repatriation of Prisoners Act 1984 (c. 47)
- Inheritance Tax Act 1984 (c. 51)
- Police and Criminal Evidence Act 1984 (c. 60)
- Prosecution of Offences Act 1985 (c. 23)
- Housing Act 1985 (c. 68)
- Debtors (Scotland) Act 1987 (c. 18)
- Coroners Act 1988 (c. 13)
- Criminal Justice Act 1988 (c. 33)
- Road Traffic Act 1988 (c. 52)
- Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
- Courts and Legal Services Act 1990 (c. 41)
- Armed Forces Act 1991 (c. 62)
- Local Government Finance Act 1992 (c. 14)
- Sexual Offences (Amendment) Act 1992 (c. 34)
- Criminal Justice and Public Order Act 1994 (c. 33)
- Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)
- Pensions Act 1995 (c. 26)
- Criminal Procedure (Scotland) Act 1995 (c. 46)
- Disability Discrimination Act 1995 (c. 50)
- Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))
- Employment Rights Act 1996 (c. 18)
- Criminal Procedure and Investigations Act 1996 (c. 25)
- Armed Forces Act 1996 (c. 46)
- ...
- Social Security (Recovery of Benefits) Act 1997 (c. 27)
- Crime (Sentences) Act 1997 (c. 43)
- Police Act 1997 (c. 50)
- Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6))
- Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (S.I. 1997/1183 (N.I. 12))
- Landmines Act 1998 (c. 33)
- Crime and Disorder Act 1998 (c. 37)
- Human Rights Act 1998 (c. 42)
- Youth Justice and Criminal Evidence Act 1999 (c. 23)
- Welfare Reform and Pensions Act 1999 (c. 30)
- Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
- Regulation of Investigatory Powers Act 2000 (c. 23)
- Freedom of Information Act 2000 (c. 36)
- Criminal Justice and Court Services Act 2000 (c. 43)
- Criminal Justice and Police Act 2001 (c. 16)
- International Criminal Court Act 2001 (c. 17)
- Armed Forces Act 2001 (c. 19)
- Anti-terrorism, Crime and Security Act 2001 (c. 24)
- Proceeds of Crime Act 2002 (c. 29)
- Railways and Transport Safety Act 2003 (c. 20)
- Extradition Act 2003 (c. 41)
- Sexual Offences Act 2003 (c. 42)
- Criminal Justice Act 2003 (c. 44)
- Crime (International Co-operation) Act 2003 (c. 32)
- Domestic Violence, Crime and Victims Act 2004 (c. 28)
- Human Tissue Act 2004 (c. 30)
- Civil Partnership Act 2004 (c. 33)
- Constitutional Reform Act 2005 (c. 4)
- Gambling Act 2005 (c. 19)
- SCHEDULE 17 Repeals and Revocations
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