Explanatory Notes

Armed Forces Act 2006

2006 CHAPTER 52

8 November 2006

Second Group of Parts – Miscellaneous Matters

Part 17 – Miscellaneous

Offences relating to service matters punishable by civilian courts

Section 348: British overseas territories: references to maximum penalties

717.This section makes provision regarding sentences that can be imposed in a British overseas territory following a conviction for an offence under sections 344, 345 or 346 or under regulations made by virtue of section 343(5)(b) (Service inquiries). It empowers the British overseas territory to provide in law for the maximum sentence of imprisonment or the maximum fine to be higher or lower than that provided for in the Act, and in addition empowers it to specify the amount of local currency that is to be considered as equivalent to the maximum fine.

718.The effect of this is to allow British overseas territories to set penalties in line with those provided for under their own law for similar offences, taking into account matters such as average local incomes which may differ from those in the UK.