C2 Part XI Miscellaneous and Supplementary

Annotations:
Modifications etc. (not altering text)

113Application of Act to Armed Forces.

C3F71

The Secretary of State may by order make provision in relation to—

a

investigations of service offences,

b

persons arrested under a power conferred by or under the Armed Forces Act 2006,

c

persons charged under that Act with service offences,

d

persons in service custody, or

e

persons convicted of service offences,

which is equivalent to that made by any provision of Part 5 of this Act (or this Part of this Act so far as relating to that Part), subject to such modifications as the Secretary of State considers appropriate.

C42

Section 67(9) above shall not have effect in relation to investigations of F8service offences.

3

The Secretary of State shall issue a code of practice, or a number of such codes, for persons other than police officers who are F9 concerned with—

a

the exercise of powers conferred by or under Part 3 of the Armed Forces Act 2006; or

C4b

investigations of service offences.

F23A

In subsections (4) to (10), “code” means a code of practice under subsection (3).

4

F4Without prejudice to the generality of subsection (3) above, a code . . . may contain provisions, in connection with F1the powers mentioned in subsection (3)(a) above or the F10investigations mentioned in subsection (3)(b) above, as to the following matters—

a

the F16audio recording of interviews;

b

searches of persons and premises; and

c

the seizure of things found on searches.

F35

The Secretary of State may at any time revise the whole or any part of a code.

6

A code may be made, or revised, so as to—

a

apply only in relation to one or more specified areas,

b

have effect only for a specified period,

c

apply only in relation to specified offences or descriptions of offender.

7

The Secretary of State must lay a code, or any revision of a code, before Parliament.

8

A failure on the part of any person to comply with any provision of a code F5. . . shall not of itself render him liable to any criminal or civil proceedings except those to which this subsection applies.

F119

Subsection (8) above applies to proceedings in respect of an offence under a provision of Part 1 of the Armed Forces Act 2006 other than section 42 (criminal conduct).

10

In all criminal and civil proceedings any F6. . . code shall be admissible in evidence and if any provision of F6. . . a code appears to the court or tribunal conducting the proceedings to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.

11

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C112

Parts VII and VIII of this Act have effect for the purposes of F14 service proceedings subject to any modifications which the Secretary of State may by order specify.

F1212A

In this section—

  • “service offence” has the meaning given by section 50 of the Armed Forces Act 2006;

  • “criminal proceedings” includes service proceedings;

  • “service proceedings” means proceedings before a court (other than a civilian court) in respect of a service offence; and

  • “civilian court” has the meaning given by section 374 of the Armed Forces Act 2006;

and section 376(1) and (2) of that Act (meaning of “convicted” in relation to summary hearings and the SAC) apply for the purposes of subsection (1)(e) above as they apply for the purposes of that Act.

13

An order under this section shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F1314

Section 373(5) and (6) of the Armed Forces Act 2006 (supplementary provisions) apply in relation to an order under this section as they apply in relation to an order under that Act.