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Armed Forces Act 2001

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This is the original version (as it was originally enacted).

Part 1Amendments of Sexual Offences (Amendment) Act 1992

1At the end of section 2 of the Sexual Offences (Amendment) Act 1992 (c. 34) (offences to which that Act applies) there is inserted—

“(4)This Act applies to a service offence (wherever committed) if the corresponding civil offence is mentioned in subsection (1).”

2At the end of section 4 of that Act (special rules for cases of incest or buggery) there is inserted—

“(9)For the purposes of this section, a service offence is a section 10 offence, a section 11 offence or a section 12 offence if the corresponding civil offence is a section 10 offence, a section 11 offence or a section 12 offence, as the case may be.”

3(1)Section 6 of that Act (interpretation etc.) is amended as follows.

(2)In subsection (1)—

(a)after the definition of “complainant” there is inserted—

““corresponding civil offence”, in relation to a service offence, means the civil offence (within the meaning of the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957) the commission of which constitutes the service offence;” and

(b)after the definition of “relevant programme” there is inserted—

““service offence” means an offence against section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957;”.

(3)In subsection (3) after “accused of an offence” there is inserted “, other than a service offence,”.

(4)After subsection (3) there is inserted—

“(3A)For the purposes of this Act, a person is accused of a service offence if he is treated by section 75(4) of the Army Act 1955, section 75(4) of the Air Force Act 1955 or section 47A(4) of the Naval Discipline Act 1957 as charged with the offence, and references in section 3 to an accusation alleging an offence shall be construed accordingly.”

4(1)Section 7 of that Act (application of Act in relation to courts-martial) is amended as follows.

(2)In subsection (1), for “section 2(1)” there is substituted “section 2(4)”.

(3)In subsection (2), paragraph (f) and the word “and” preceding it are omitted.

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