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Armed Forces Act 2006

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Armed Forces Act 2006. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Background

    1. Other provisions in the

    2. Renewal of service law

    3. The Strategic Defence Review 1998

  3. Overview of the Act

  4. Structure of the Act

    1. First Group of Parts: Discipline

    2. Second Group of Parts: Miscellaneous Matters

    3. Third Group of Parts: General

  5. Commentary

    1. First Group of Parts – Discipline

      1. Part 1 – Offences

        1. Assisting an enemy, misconduct on operations

          1. Section 1: Assisting an enemy

          2. Section 2: Misconduct on operations

          3. Section 3: Obstructing operations

          4. Section 4: Looting

          5. Section 5: Failure to escape

        2. Mutiny

          1. Section 6: Mutiny

          2. Section 7: Failure to suppress mutiny

        3. Desertion and absence without leave

          1. Section 8: Desertion

          2. Section 9: Absence without leave

          3. Section 10: Failure to cause apprehension of deserters or absentees

        4. Insubordination

          1. Section 11: Misconduct towards a superior officer

          2. Section 12: Disobedience to lawful commands

          3. Section 13: Contravention of standing orders

          4. Section 14: Using force against a sentry

        5. Neglect of duty and misconduct

          1. Section 15: Failure to attend for or perform duty

          2. Section 16: Malingering

          3. Section 17: Disclosure of information useful to an enemy

          4. Section 18: Making false records

          5. Section 19: Conduct prejudicial to good order and discipline

          6. Section 20: Unfitness or misconduct through alcohol or drugs

          7. Section 21: Fighting or threatening behaviour

          8. Section 22: Ill-treatment of subordinates

          9. Section 23: Disgraceful conduct of a cruel or indecent kind

        6. Property offences

          1. Section 24: Damage to or loss of public or service property

          2. Section 25: Misapplying or wasting public or service property

        7. Offences against service justice

          1. Section 27: Obstructing or failing to assist a service policeman

          2. Section 28: Resistance to arrest

          3. Section 29: Offences in relation to service custody

          4. Section 30: Allowing escape, or unlawful release, of prisoners

        8. Ships and aircraft

          1. Section 31: Hazarding of ship

          2. Section 32: Giving false air signals

          3. Section 33: Dangerous flying

          4. Section 34: Low flying

          5. Section 35: Annoyance by flying

          6. Section 36: Inaccurate certification

          7. Section 37: Prize offences by officer in command of ship or aircraft

          8. Section 38: Other prize offences

        9. Attempts, incitement, and aiding and abetting

          1. Section 39: Attempts

          2. Section 40: Incitement

          3. Section 41: Aiding, abetting, counselling or procuring

        10. Criminal conduct

          1. Section 42: Criminal conduct

          2. Section 43: Attempting criminal conduct

          3. Section 44: Trial of section 42 offence of attempt

          4. Section 45: Conspiring to commit criminal conduct

          5. Section 46: Inciting criminal conduct

          6. Section 47: Aiding, abetting, counselling or procuring criminal conduct

          7. Section 48: Provision supplementary to sections 43 to 47

          8. Section 49: Air Navigation Order offences

      2. Part 2 – Jurisdiction and Time Limits

        1. Chapter 1 – Jurisdiction

          1. Court Martial

            1. Section 50: Jurisdiction of the Court Martial

          2. Service Civilian Court

            1. Section 51: Jurisdiction of the Service Civilian Court

          3. Commanding officers

            1. Section 52: Charges capable of being heard summarily

            2. Section 53: Offences that may be dealt with at a summary hearing

            3. Section 54: Charges which may be heard summarily only with permission or by senior officer

        2. Chapter 2 – Time Limits for Commencing Proceedings

          1. Time limits for offences other than Reserve Forces Act offences

            1. Section 55: Time limit for charging former member of a regular or reserve force

            2. Section 56: Time limit for charging certain members or former members of ex-regular reserve forces

            3. Section 57: Time limit for charging person formerly subject to service law

            4. Section 58: Time limit for charging civilian formerly subject to service discipline

            5. Section 59: Time limit for charging offence under section 107

            6. Section 60: Time limit for charging offence under section 266

            7. Section 61: Sections 55 to 60: exceptions and interpretation

          2. Time limit for Reserve Forces Act offences

            1. Section 62: Time limit for charging Reserve Forces Act offences

        3. Chapter 3 – Double Jeopardy

          1. Section 63: Service proceedings barring subsequent service proceedings

          2. Section 64: Service proceedings barring subsequent civilian proceedings

          3. Section 65: Sections 63 and 64: supplementary

          4. Section 66: Civilian proceedings barring subsequent service proceedings

      3. Part 3 – Powers of Arrest, Search and Entry

        1. Chapter 1 – Arrest

          1. Powers of arrest

            1. Section 67: Power of arrest for service offence

            2. Section 68: Section 67: supplementary

            3. Section 69: Power of arrest in anticipation of commission of service offence

          2. Search on arrest

            1. Section 70: Search by service policeman upon arrest

            2. Section 71: Search by other persons upon arrest

            3. Section 72: Sections 70 and 71: supplementary

            4. Section 73: Seizure and retention after search upon arrest

            5. Section 74: Power to make provision conferring power to search premises at which person arrested

        2. Chapter 2 – Stop and Search

          1. Section 75: Power of service policeman to stop and search persons, vehicles

          2. Section 76: Stop and search by persons other than service policemen

          3. Section 78: Places in which powers under sections 75 and 76 may be exercised

          4. Section 79: Sections 75 and 76: limitation on searching persons or vehicles in certain gardens

          5. Section 80: Searches under sections 75 and 76: supplementary

          6. Section 81: Power to make further provision about searches under sections 75 and 76

          7. Section 82: Application of Chapter to ships and aircraft

        3. Chapter 3 – Powers of Entry, Search and Seizure

          1. Entry for purposes of obtaining evidence

            1. Section 83: Power of judge advocate to authorise entry and search

            2. Section 84: Section 83: definitions

            3. Section 85: Section 83: Power to make supplementary provision

            4. Section 86: Power to make provision as to access to excluded material

            5. Section 87: Power of to authorise entry and search by service policeman

            6. Section 88: Power of to authorise entry and search by other persons

            7. Section 89: Review by judge advocate of certain searches under section 87 or 88

          2. Entry for purposes of arrest

            1. Section 90: Entry for purpose of arrest by a service policeman

            2. Section 91: Entry for purpose of arrest by other persons

          3. Additional powers of entry, search and seizure

            1. Section 92: Power to make provision conferring powers of entry and search after arrest

            2. Section 93: Power to make provision conferring power of seizure

        4. Chapter 4 – Supplementary

          1. Section 94: Property in possession of service police or

          2. Section 95: Saving provision

          3. Section 97: Power to use reasonable force

      4. Part 4 – Custody

        1. Chapter 1 – Custody without charge

          1. Section 98: Limitations on custody without charge

          2. Section 99: Authorisation by commanding officer of custody without charge

          3. Section 100: Review of custody by commanding officer

          4. Section 101: Extension by judge advocate of custody without charge

          5. Section 102: Further provision about applications under section 101

          6. Section 103: Custody without charge: other cases

          7. Section 104: Custody without charge: supplementary

        2. Chapter 2 – Custody after charge

          1. Custody after charge

            1. Section 105: Custody after charge

            2. Section 106: Conditions A to D

            3. Section 107: Release from custody after charge

            4. Section 108: Review of custody after charge

            5. Section 109: Custody during proceedings of Court Martial or Service Civilian Court

          2. Arrest after charge

            1. Section 110: Arrest after charge or during proceedings by order of commanding officer

            2. Section 111: Arrest during proceedings at direction of court

        3. Chapter 3 – Custody proceedings rules

          1. Section 112: Custody proceedings rules

      5. Part 5 – Investigation, Charging and Mode of Trial

        1. Chapter 1 – Investigation

          1. Duties of commanding officers

            1. Section 113: to ensure service police aware of possibility serious offence committed

            2. Section 114: to ensure service police aware of certain circumstances

            3. Section 115: Duty of with respect to investigation of service offences

          2. Duty of service policeman following investigation

            1. Section 116: Referral of case following investigation by service or civilian police

            2. Section 117: Section 116: position where investigation is of multiple offences or offenders

            3. Section 118: Duty of service policeman to notify of referral to

        2. Chapter 2 – Charging and Mode of Trial

          1. Powers of charging

            1. Section 119: Circumstances in which has power to charge

            2. Section 120: Power of to charge

            3. Section 121: Power of to direct bringing of charge

            4. Section 122: Charges brought at direction of

          2. Powers of commanding officer or after charge

            1. Section 123: Powers of after charge

            2. Section 124: to hear charge allocated for summary hearing

            3. Section 125: Powers of in respect of charge allocated for Court Martial trial

            4. Section 126: Powers of in respect of charge allocated for trial

        3. Chapter 3 – Supplementary

          1. Section 127: Directions by barring further proceedings

          2. Section 128: Regulations for purposes of Part 5

      6. Part 6 – Summary Hearing and Appeals and Review

        1. Chapter 1 – Summary Hearing

          1. Right to elect Court Martial trial

            1. Section 129: Right to elect Court Martial trial

            2. Section 130: Further consequences of election for Court Martial trial

          2. Summary hearing

            1. Section 131: Summary hearing

          3. Punishments available to commanding officer

            1. Section 132: Punishments available to commanding officer

            2. Section 133: Detention: limits on powers

            3. Section 134: Forfeiture of seniority: requirement for approval

            4. Section 135: Reduction in rank: limits on powers

            5. Section 136: Fine: maximum amount

            6. Section 137: Service compensation orders: maximum amount

            7. Section 138: Prohibited combinations of punishments

            8. Section 139: Savings for maximum penalties for offences

        2. Chapter 2 – The Summary Appeal Court

          1. Section 140: The Summary Appeal Court

          2. Section 141: Right of appeal

          3. Section 142: Constitution of the for appeals

          4. Section 143: Officers and warrant officers qualified for membership of the

          5. Section 144: Officers and warrant officers ineligible for membership in particular circumstances

          6. Section 145: Open court

          7. Section 146: Hearing of appeals

          8. Section 147: Powers of the

          9. Section 148: Effect of substituted punishment

          10. Section 149: Making of, and appeals from, decisions of the

          11. Section 150: Privileges of witnesses and others

          12. Section 151: rules

        3. Chapter 3 – Review of Summary Findings and Punishments

          1. Section 152: Review of summary findings and punishments

        4. Chapter 4 – Summary Hearings Rules

          1. Section 153: Summary hearings rules

      7. Part 7- Trial by Court Martial

        1. Chapter 1 – The Court Martial

          1. Section 154: The Court Martial

          2. Section 155: Constitution of the Court Martial

          3. Section 156: Officers and warrant officers qualified for membership of the Court Martial

          4. Section 157: Officers and warrant officers ineligible for membership in particular circumstances

        2. Chapter 2 – Court Martial Proceedings

          1. Section 160: Decisions of Court Martial: finding and sentence

          2. Section 161: Power of Court Martial to convict of offence other than that charged

          3. Section 163: Court Martial rules

        3. Chapter 3 – Punishments available to Court Martial

          1. Section 164: Punishments available to Court Martial

          2. Section 165: Sentencing powers of Court Martial where election for trial by that court instead of

        4. Introduction

          Chapter 4 – Findings of Unfitness to Stand Trial and Insanity

          1. Section 166: Fitness to stand trial

          2. Section 167: Finding that defendant did the act or made the omission charged

          3. Section 168: Findings of insanity

          4. Section 169: Powers where person unfit to stand trial or not guilty by reason of insanity

          5. Section 170: Service supervision orders

          6. Section 171: Remission for trial

          7. Section 172: Provision supplementary to sections 166 and 168

      8. Part 8 – Sentencing Powers and Mandatory Etc Sentences

        1. Chapter 1 – Definition of Certain Sentences

          1. Service supervision and punishment orders

            1. Section 173: Service supervision and punishment orders

            2. Section 174: Review of service supervision and punishment orders

          2. Service compensation orders

            1. Section 175: Service compensation orders

            2. Section 176: Service compensation orders: appeals

            3. Section 177: Review of service compensation orders

          3. Service community orders (civilians and dismissed servicemen only)

            1. Section 178: Service community orders

            2. Section 179: Periodic review of service community orders

            3. Section 180: Transfer of service community order to Scotland or Northern Ireland

            4. Section 181: Breach, revocation or amendment of service community order

          4. Overseas community orders (civilians only)

            1. Section 182: Overseas community orders

            2. Section 183: Overseas community orders: modifications of 2003 Act

            3. Section 184: Breach, revocation or amendment of overseas community order

          5. Conditional or absolute discharge (civilians only)

            1. Section 185: Conditional or absolute discharge

            2. Section 186: Commission of further offence by person conditionally discharged

            3. Section 187: Effect of discharge

        2. Chapter 2 – Consecutive Sentences

          1. Section 188: Consecutive custodial sentences

          2. Section 189: Consecutive sentences of service detention

        3. Chapter 3 – Suspended Sentence of Service Detention

          1. Section 190: Suspension of sentence of service detention

          2. Section 191: Activation by Court Martial of suspended sentence of service detention

          3. Section 192: Activation by Court Martial: appeals

          4. Section 193: Activation by of suspended sentence of service detention

          5. Section 194: Activation by : maximum term

          6. Section 195: Suspended sentences: powers of

        4. Chapter 4 – Imprisonment for Term of Under 12 Months

          1. Application of provisions in

            1. Section 196: Term of sentence

          2. Imprisonment with or without “custody plus” order

            1. Section 197: Imprisonment with or without a custody plus order

            2. Section 198: Transfer to Scotland or Northern Ireland of custody plus order

            3. Section 199: Revocation and amendment of custody plus orders

          3. Suspended sentences of imprisonment

            1. Section 200: Suspended sentence orders with or without community requirements

            2. Section 201: Order without community requirements: provisions not applying

            3. Section 202: Order with community requirements: disapplication of certain provisions

            4. Section 203: Review of order with community requirements

            5. Section 204: Transfer to Scotland or Northern Ireland of order with community requirements

            6. Section 205: Amendment of order with community requirements

            7. Section 206: Suspended sentence: further conviction or breach of community requirement

        5. Chapter 5 – Young Offenders: Custodial Sentences Available to Service Courts

          1. Restriction on imposing imprisonment on persons under 18

            1. Section 208: Prohibition on imposing imprisonment on persons under 18

          2. Detention for certain serious offences

            1. Section 209: Offenders under 18 convicted of certain serious offences: power to detain for specified period

            2. Section 210: Detention under section 209: place of detention

          3. Detention and training orders

            1. Section 211: Offenders under 18: detention and training orders

            2. Section 212: Term of detention and training order: general

            3. Section 213: Application of provisions relating to civilian detention and training orders

            4. Section 214: Offences during currency of detention and training order

            5. Section 215: Section 214: definitions

            6. Section 216: Appeals against orders under section 214

        6. Chapter 6 – Mandatory Custodial Sentences for Certain Offences

          1. Mandatory sentences

            1. Section 217: Mandatory life imprisonment

            2. Section 218: Offenders who commit murder when under 18: mandatory detention at Her Majesty’s pleasure

          2. Required sentences

            1. Section 219: Dangerous offenders aged 18 or over

            2. Section 220: Certain violent or sexual offences: offenders aged 18 or over

            3. Section 221: Dangerous offenders aged under 18

            4. Section 222: Offenders aged under 18: certain violent or sexual offences

            5. Section 223: “The required opinion” for purposes of sections 219 to 222

            6. Section 224: Place of detention under certain sentences

            7. Section 225: Third drug trafficking offence

            8. Section 226: Third domestic burglary

            9. Section 227: Firearms offences

            10. Section 228: Appeals where previous convictions set aside

        7. Chapter 7 – Court Orders Other Than Sentences

          1. Service restraining orders

            1. Section 229: Service restraining orders

            2. Section 230: Service restraining orders: supplementary

            3. Section 231: Service restraining orders: appeals

            4. Section 232: Service restraining orders: variation and revocation

          2. Order for parent or guardian to enter into recognizance

            1. Section 233: Order for service parent or service guardian to enter into recognizance

            2. Section 234: Recognizances and fines under section 233: further provision

            3. Section 235: Recognizances: appeals, variation and revocation

            4. Section 236: Forfeiture of recognizance

      9. Part 9 – Sentencing: Principles and Procedures

        1. Chapter 1 – Principles and Procedures applying to Service Courts and Summary Hearings

          1. General sentencing principles

            1. Section 237: Duty to have regard to purposes of sentencing

            2. Section 238: Deciding the seriousness of an offence

            3. Section 239: Reduction in sentences for guilty pleas

            4. Section 240: Increase in sentence for racial or religious aggravation

            5. Section 241: Increase in sentence for aggravation related to disability or sexual orientation

          2. Service detention and custodial sentences

            1. Section 242: Service detention: general restriction

            2. Section 243: Length of term of service detention: general provision

            3. Section 244: Limit on combined term of sentences of service detention

            4. Section 245: Section 244: supplementary

            5. Section 246: Crediting of time in service custody: terms of imprisonment and detention

            6. Section 247: Crediting of time in service custody: supplementary

          3. Forfeiture of seniority and reduction in rank

            1. Section 248: Forfeiture of seniority and reduction in rank or disrating: general restriction

          4. Financial punishments

            1. Section 249: Fixing of fines

            2. Section 250: Determination of service compensation order

            3. Section 251: Power to allow payment of fine or service compensation order by instalments

          5. Reasons

            1. Section 252: Duty to give reasons and explain sentence

            2. Section 253: Duties in complying with section 252

          6. Savings

            1. Section 254: Savings for powers to mitigate sentence

        2. Chapter 2 – Principles and Procedures applying to Service Courts only

          1. General

            1. Section 255: Individual sentence for each offence

            2. Section 256: Pre-sentence reports

            3. Section 257: Pre-sentence reports: supplementary

            4. Section 258: Mentally disordered offenders: requirement for medical report

            5. Section 259: Sentencing guidelines

          2. Custodial sentences and service detention

            1. Section 260: Discretionary custodial sentences: general restrictions

            2. Section 261: Length of discretionary custodial sentences: general provision

            3. Section 262: Power to recommend licence conditions

            4. Section 263: Restriction on imposing custodial sentence or service detention on unrepresented offender

            5. Section 264: Effect of duties to pass custodial sentences on other powers of punishment

          3. Dismissal

            1. Section 265: Dismissal: general restrictions

          4. Financial punishments

            1. Section 266: Financial statement orders

            2. Section 267: Power of court to remit fine

            3. Section 268: Order for service parent or service guardian to pay fine or compensation

            4. Section 269: Fixing of fine or compensation to be paid by parent or guardian

          5. Community punishments

            1. Section 270: Community punishments: general restrictions

        3. Chapter 3 – Supplementary

          1. Section 271: Civilian courts dealing with service offences

      10. Part 10 – Court Martial Decisions: Appeal and Review

        1. Chapter 1 – Appeals from Court Martial

          1. Section 272: Appeals to the Court Martial Appeal Court

        2. Chapter 2 – Review of Court Martial Sentence

          1. Section 273: Review of unduly lenient sentence by Court Martial Appeal Court

          2. Section 274: Reference of point of law to Supreme Court

          3. Section 275: Power to make supplementary provision about review of sentence

        3. Chapter 3 – Compensation for Miscarriages of Justice

          1. Section 276: Compensation for miscarriages of justice

      11. Part 11 – the Service Civilian Court

        1. The Service Civilian Court: court and proceedings

          1. Section 277: The Service Civilian Court

          2. Section 279: Court must consider whether trial by Court Martial more appropriate

          3. Section 280: Right to elect trial by Court Martial instead of by

          4. Section 281: Power of to convict of offence other than that charged

        2. Punishments available to Service Civilian Court

          1. Section 282: Punishments available to Service Civilian Court

          2. Section 283: Imprisonment: maximum term

          3. Section 284: Fines and compensation orders: maximum amounts

        3. Appeals from Service Civilian Court

          1. Section 285: Right of appeal from

          2. Section 286: Hearing of appeals from

          3. Section 287: Findings made and sentences passed by Court Martial on appeal from

        4. Rules

          1. Section 288: rules

      12. Part 12 – Service and Effect of Certain Sentences

        1. Commencement of sentence

          1. Section 289: Commencement of sentences of the Court Martial and Service Civilian Court

          2. Section 290: Commencement of term of service detention awarded by

          3. Section 291: Commencement of consecutive term of service detention awarded by

          4. Section 292: Commencement of suspended sentence activated by

        2. Effect of custodial sentence or detention on rank or rate

          1. Section 293: Effect on rank or rate of WOs and NCOs of custodial sentence or sentence of service detention

          2. Section 294: Rank or rate of WOs and NCOs while in custody pursuant to custodial sentence

        3. Effect of dismissal

          1. Section 295: Effect of sentence of dismissal

        4. Service of sentence

          1. Section 296: Service detention

          2. Section 297: Detention in service custody following passing of custodial sentence

          3. Section 298: Removal to England and Wales following passing of custodial sentence

          4. Section 299: Duty to receive prisoners

          5. Section 298: Service custody rules

          6. Section 301: Duration of sentences: persons unlawfully at large or on temporary release

          7. Section 302: Remission of certain sentences on passing of custodial sentence

          8. Section 303: Power of service policeman to arrest person unlawfully at large

        5. Supplementary

          1. Section 304: Sentences passed by civilian courts

      13. Part 13 – Discipline: Miscellaneous and Supplementary

        1. Chapter 1 – Testing for Alcohol and Drugs

          1. Section 305: Testing for drugs

          2. Section 306: Testing for alcohol and drugs after a serious incident

          3. Section 307: Definitions for purposes of section 306

          4. Section 308: Sections 305 and 306: supplementary

        2. Chapter 2 – Contempt of Court

          1. Section 309: Offences of misbehaviour in court

          2. Section 310: Power to detain before dealing with section 309 offence

          3. Section 311: Certification to civil courts

          4. Section 311: Decisions of court under section 309: making and effect

        3. Chapter 3 – Arrest and Detention by Civil Authorities

          1. Arrest for service offences

            1. Section 313: Arrest by civilian police under warrant of judge advocate

          2. Arrest for desertion or absence without leave

            1. Section 314: Arrest by civilian police of deserters and absentees without leave

            2. Section 315: Deserters and absentees without leave surrendering to civilian police

            3. Section 316: Proceedings before civilian court where person suspected of illegal absence

            4. Section 317: Warrant for the arrest of persons released under section 315(4)(c) or 316(3)(a)(ii)

          3. Arrest of persons unlawfully at large

            1. Section 318: Arrest by civilian police of persons unlawfully at large

          4. Supplementary

            1. Section 319: Certificates in connection with transfer to service custody

            2. Section 320: Power to use reasonable force

        4. Chapter 4 – Powers of the Criminal Cases Review Commission

          1. Section 321: Powers of the Criminal Cases Review Commission

        5. Chapter 5 – Supplementary

          1. Financial penalty enforcement orders

            1. Section 322: Financial penalty enforcement orders

          2. Power to make provision in consequence of criminal justice enactments

            1. Section 323: Power to make provision in consequence of criminal justice enactments

            2. Section 324: Section 323: definitions

          3. Other supplementary provisions

            1. Section 325: Evidential burden as respects excuses

            2. Section 326: Exclusion of enactments requiring consent of Attorney General or DPP

            3. Section 327: Local probation boards

  6. Second Group of Parts – Miscellaneous Matters

    1. Part 14 – Enlistment, Terms of Service Etc

      1. Enlistment, terms of service

        1. Section 328: Enlistment

        2. Section 329: Terms and conditions of enlistment and service

        3. Section 330: Desertion and absence without leave: forfeiture of service

        4. Section 331: Discharge from the regular forces and transfer to the reserve forces

        5. Section 332: Restriction on administrative reduction in rank or rate

        6. Section 333: Pay, bounty and allowances

      2. Redress of individual grievances

        1. Section 334: Redress of individual grievances: service complaints

        2. Section 335: Service complaints: role of Defence Council and service complaint panels

        3. Section 336: Composition and procedure of service complaint panels

        4. Section 337: Reference of individual grievance to Her Majesty

        5. Section 338:  Referral by Service Complaints Commissioner of certain allegations

        6. Section 339: Reports by Commissioner on system for dealing with service complaints

      3. Restriction on aliens

        1. Section 340: Restriction on aliens in regular forces

    2. Part 15 – Forfeitures and Deductions

      1. Section 341: Forfeitures and deductions: general provisions

    3. Part 16 – Inquiries

      1. Section 343: Service inquiries

    4. Part 17 – Miscellaneous

      1. Offences relating to service matters punishable by civilian courts

        1. Section 344: Aiding or abetting desertion or absence without leave

        2. Section 341: Aiding or abetting malingering

        3. Section 346: Obstructing persons subject to service law in course of duty

        4. Section 347: Sections 344 to 346: supplementary provisions

        5. Section 348: British overseas territories: references to maximum penalties

      2. Exemptions for certain civil matters

        1. Section 349: Exemption from tolls and charges

        2. Section 350: Exemption of property used for service purposes from execution

      3. Powers of officers

        1. Section 351: Detention of persons in overseas service hospitals

        2. Section 352: Power to take affidavits and declarations

      4. Protection of children of service families

        1. Section 353: Protection of children of service families

      5. Miscellaneous

        1. Section 354: Extension of powers of command dependent on rank or rate

        2. Section 355: Service of process

        3. Section 356: Avoidance of assignment of or charge on pay and pensions

        4. Section 357: Power of British overseas territory to apply Act,

        5. Section 358: Amendments relating to reserve forces

        6. Section 359: Pardons for servicemen executed for disciplinary offences: recognition as victims of First World War

  7. Third Group of Parts – General

    1. Part 18 – Commanding Officer and Other Persons With Functions under Act

      1. Officers

        1. Section 360: Meaning of “commanding officer”

        2. Section 361: Meaning of “higher authority”

        3. Section 362: Judge Advocates

      2. Court officials

        1. Section 363: Court administration officer

      3. Service Prosecuting Authority

        1. Section 364: Director of Service Prosecutions

        2. Section 365: Prosecuting officers

        3. Section 366: Service Complaints Commissioner

    2. Part 19 – Supplementary

      1. Chapter 1 – Application  of Act

        1. Persons subject to service law

          1. Section 367: Persons subject to service law: regular and reserve forces

          2. Section 368: References to members of the regular forces

          3. Section 369: Members of British overseas territories’ forces serving with UK forces

        2. Civilians subject to service discipline

          1. Section 370: Civilians subject to service discipline

        3. Naval Chaplains

          1. Section 371: Naval chaplains

      2. Chapter 2 – Other Supplementary Provisions

        1. Section 372: Evidence in proceedings before civilian courts

        2. Section 373: Orders, regulations and rules

      3. Chapter 3 – Interpretation

        1. Section 375: Definitions relating to police forces

        2. Section 376: “Conviction”, “sentence” in relation to summary hearings and the

      4. Chapter 4 – Final Provisions

        1. Section 378: Minor and consequential amendments and repeals

        2. Section 379: Power to make further amendments and repeals

        3. Section 380: Power to make transitional and transitory provision

        4. Section 381: Alignment of with this Act

        5. Section 382: Duration of and this Act

        6. Section 383: Commencement

        7. Section 384: Extent to Channel Islands, Isle of Man and British overseas territories

        8. Section 385: Extent of applied enactments

  8. Schedules

    1. Schedule 1 – Criminal Conduct Offences That May Be Dealt With at a Summary Hearing

      1. Part 1 – Offences that may be dealt with without permission

      2. Part 2 – Offences that may be dealt with only with permission

    2. Schedule 2 – “Schedule 2 Offences”

    3. Schedule 3 – Civilians Etc: Modifications of Court Martial Sentencing Powers

      1. Part 1 – Civilian offenders

      2. Part 2 – Ex-servicemen

    4. Schedule 4 – Unfitness and Insanity: Modifications of Mental Health Act 1983

    5. Schedule 5 – Breach, Revocation and Amendment of Community Punishments

      1. Part 1 – Service community orders

      2. Part 2 – Overseas community orders

    6. Schedule 6 – Overseas Community Orders: Young Offenders

    7. Schedule 7 – Suspended Prison Sentence: Further Conviction Or Breach of Requirement

    8. Schedule 8 – Amendment of the Courts-Martial (Appeals) Act 1968

    9. Schedule 9 – Assessors of Compensation for Miscarriages of Justice

    10. Schedule 10 – Proceedings of the Service Civilian Court

    11. Schedule 11 – Powers of the Criminal Cases Review Commission

    12. Schedule 12 – Detention Etc of Persons in Overseas Service Hospitals

    13. Schedule 13 – Protection of Children of Service Families

    14. Schedule 14 – Amendments Relating to Reserve Forces

    15. Schedule 15 – Civilians Subject to Service Discipline

      1. Part 1 – Civilians subject to service discipline

      2. Part 2 – Exclusion and definitions

    16. Schedule 16 – Minor and Consequential Amendments

    17. Schedule 17 – Repeals and Revocations

  9. Commencement Date

  10. Hansard References

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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