Armed Forces Act 1976

Changes over time for: Section 6

Version Superseded: 28/03/2009

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6 Establishment of Standing Civilian Courts.U.K.

(1)Courts may be established for the trial outside the United Kingdom of persons (in this section and section 7 below referred to as “civilians” ) to whom Part II of the M1Army Act 1955 or Part II of the M2Air Force Act 1955 is applied by section 209 of either Act (including persons to whom Part II of either Act applies by virtue of section 131 (persons treated as continuing to be subject to Part II for purposes of trial and punishment of offences)).

(2)Courts established under this section shall be known as Standing Civilian Courts.

(3)The Secretary of State, with the approval of the Lord Chancellor, may by order direct that any area specified in the order shall be an area for which trials may be directed to be held before Standing Civilian Courts for offences committed in that area or elsewhere.

[F1(3A)The Lord Chancellor may give approval to an order under subsection (3) only after consulting the relevant judges.]

(4)The Lord Chancellor shall appoint such number of the assistants to the Judge Advocate General appointed under section 30 of the M3Courts-Martial (Appeals) Act 1951 as he considers necessary to sit as magistrates in Standing Civilian Courts.

[F2(4A)The Lord Chancellor may make an appointment under subsection (4) only with the concurrence of the relevant judges.]

(5)Subject to subsections (12) and (13) below, a trial held by virtue of this section shall be before such a magistrate.

(6)The Secretary of State may direct such authority as appears to him to be appropriate in relation to an area for which trials may be directed to be held before Standing Civilian Courts to draw up and from time to time add to a panel of persons whom the authority considers suitable to act as assessors in trials before such courts under subsection (12) below.

(7)If the Secretary of State is satisfied, after consultation with the Lord Chancellor[F3and the relevant judges], that there are in any area for which trials may be directed to be held before Standing Civilian Courts sufficient persons suitably qualified by training and experience to sit as members of Standing Civilian Courts, he may by order direct that subsection (13) below shall have effect in relation to trials before Standing Civilian Courts for that area.

(8)If an order is made under subsection (7) above, the Secretary of State, with the approval of the Lord Chancellor, shall draw up and from time to time add to a panel of persons qualified as mentioned in that subsection to sit as members of Standing Civilian Courts for the area specified in the order.

[F4(8A)The Lord Chancellor may give his approval under section (8) only with the concurrence of the relevant judges.]

(9)Each member of a panel under subsection (6) or (8) above shall be—

(a)a civilian, or

(b)an officer of the Royal Navy, the regular forces or the regular air force (as defined respectively in the M4Army Act 1955 and the M5Air Force Act 1955), F5. . .

(10)A person shall cease to be a member of such a panel if he ceases—

(a)to be a person such as is mentioned in subsection (9) above, or

(b)to reside in the area for which the panel is drawn up.

(11)The Secretary of State may, if he thinks fit, remove a member of a panel under subsection (6) or (8) above from that panel on the ground of incapacity or misbehaviour, but shall not exercise the power conferred by this subsection in relation to a member of a panel under subsection (8) above without the approval of the Lord Chancellor.

[F6(11A)The Lord Chancellor may give his approval to the removal of a member under subsection (11) only with the concurrence of the Lord Chief Justice of England and Wales.]

(12)For a trial where the person, or every person to be tried was under 17 years of age at the date of the alleged commission of the offence for which he is to be tried, and in relation to which subsection (13) below does not have effect, not more than two members of the appropriate panel under subsection (6) above may sit with the magistrate as assessors.

(13)If this subsection applies, the court for such a trial shall consist of a magistrate and not more than two members of the appropriate panel under subsection (8) above.

(14)The magistrate for any sitting or succession of sittings of a Standing Civilian Court shall be specified by or on behalf of the Judge Advocate General.

(15)The persons to sit as assessors or members of the court under subsection (12) or (13) above shall be specified for a trial or succession of trials by the [F7court administration officer notified by the prosecuting authority that the trial or trials are] to be held.

(16)Any power to make an order under this section shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(17)Schedule 3 to this Act shall have effect.

[F8(18)References in this section to the relevant judges are references to all of the following—

(a)the Lord Chief Justice of England and Wales;

(b)the Lord President of the Court of Session;

(c)the Lord Chief Justice of Northern Ireland.

(19)The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section, except his functions under subsection (11A).

(20)The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this section.

(21)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).]

Textual Amendments

F1S. 6(3A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 86(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)

F2S. 6(4A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 86(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)

F3Words in s. 6(7) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 86(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)

F4S. 6(8A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 86(5); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)

F5Words in s. 6(9)(b) repealed (11.5.2001) by 2001 c. 19, ss. 34, 38, Sch. 6 Pt. V para. 25, Sch. 7 Pt. VI

F6S. 6(11A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 86(6); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)

F7Words in s. 6(15) substituted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 102; S.I. 1996/304, art. 2

F8S. 6(18)-(21) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 86(7); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(e)