Armed Forces Act 2001 - Explanatory Notes

1. Introduction

2. Summary

3. Background

   1. The statutory framework for discipline in the armed forces

4. The Act - Commentary on Sections

   1. Part 1 – Continuance of Services Acts

      1. Section 1: Continuance of Services Acts

   2. Part 2 – Powers of Entry, Search and Seizure

      1. Sections 2 to 16

         1. The previous position and the new arrangements in outline

      2. Section 2: Powers to stop and search persons, vehicles,

      3. Section 3: Provisions relating to search under section 2

      4. Section 4: Power of Commanding Officer in relation to stopping and searching of persons, vehicles

      5. Section 5: Power of judicial officer to authorise entry and search of certain premises

      6. Section 6: Special provisions as to access

      7. Section 7: Power of commanding officer to authorise entry and search of certain premises

      8. Section 8: Review by judicial officer

      9. Section 9: Entry for purposes of arrest

      10. Section 10: Search upon arrest

      11. Section 11: Power to make provisions equivalent to that made by sections 18 to 22 of the Police and Criminal Evidence Act 1984

      12. Section 12: Property in possession of service police or commanding officer

      13. Section 13: Orders and codes of practice under section 113 of the Police and Criminal Evidence Act 1984.

      14. Section 14: Power to use reasonable force

      15. Section 15: Meaning of “service living accommodation”

      16. Section 16: Part 2: Supplementary provisions

   3. Part 3 – Trial and Punishment of Offences

      1. Sections 17 to 30

      2. Section 17: Summary dealing or trial and functions of the prosecuting authority

      3. Section 18: Abolition of naval disciplinary courts

      4. Section 19: Membership of courts-martial

      5. Section 20: Eligibility of warrant officers for membership of summary appeal courts

      6. Section 21: Review of sentences by Courts-Martial Appeal Court

      7. Section 22: Required custodial sentences

      8. Section 23: Restriction of judicial review of courts-martial

      9. Section 24: Offences in relation to courts-martial

      10. Section 25: Powers to compel attendance of witnesses

      11. Section 26: Provisions for orders as to costs

      12. Section 27: Costs against legal representatives

      13. Section 28: Provisions supplementary to sections 26 and 27

      14. Section 29: Custody

      15. Section 30: Conditional release from custody

   4. Part 4 – Miscellaneous and General

      1. Sections 31 to 39

      2. Section 31: Power to make provisions in consequence of enactments relating to criminal justice

      3. Section 32: Powers to test for alcohol or drugs after a serious incident

      4. Section 33: Interpretation of section 32

      5. Section 34: Miscellaneous amendments

   5. Part 1 – Amendments of Sexual Offences (Amendment) Act 1992

   6. Part 2 – Abolition of office of Deputy Judge Advocate

   7. Part 3 – Amendments of Reserve Forces Act 1996

   8. Part 4 – Amendments consequential on section 21(5) of Human Rights Act 1998

   9. Part 5 – Queen Alexandra’s Royal Naval Nursing Service and former Women’s Royal Naval Service

   10. Part 6 – Other amendments

       1. Marriages in Service Chapels

       2. Retirement age for assistants to Judge Advocate General

       3. Sentence where penalty fixed by law as life imprisonment

       4. Qualification for appointment as a judicial officer

       5. Evidence given before boards of inquiry

       6. Compensation for loss

       7. Redress of Complaints

       8. Civilian contractors attached to or accompanying a force

       9. Interpretation of references to “Royal Air Force Police”

       10. Interpretation of references to a “constable”

       11. Application to civilians

       12. Arrest of civilian whose sentence is deferred

       13. Right of appeal to Courts-Martial Appeal Court

       14. Children in respect of whom protective orders may be made

       15. Amendment relating to abolition of naval disciplinary courts

           1. Section 35: Orders and regulations

           2. Section 36: Application to Channel Islands, Isle of Man,

           3. Section 37: Interpretation

           4. Section 38: Repeals

           5. Section 39: Short title and commencement

5. Commencement Date

6. Hansard References