Armed Forces Act 2001 Explanatory Notes

Summary

3.Part 1 of the Act extends the life of the legislation relating to discipline and certain other matters in the armed forces. The subjects dealt with in other Parts of the Act are broadly as follows:

  • The establishment of procedures for the exercise by Service police and commanding officers of powers of entry and seizure, in the course of investigations into offences under the Service discipline Acts (SDAs) (Part 2)

  • Various changes to the procedures for the trial and punishment of offences under the SDAs (Part 3). These include extending the scope for dealing summarily with offences allegedly committed by officers; extending eligibility for court-martial membership to warrant officers; enabling the Attorney General to seek review of certain sentences imposed by courts-martial; excluding most court-martial proceedings from the possibility of judicial review; clarifying Service courts' powers to compel the production of evidence or the attendance of witnesses; and the creation of a power for Service courts to make orders as to costs.

  • A power for the Secretary of State to make orders applying changes in civilian criminal justice legislation to the armed forces; and other miscellaneous provisions (Part 4).

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