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Armed Forces Act 2006


Section 360: Meaning of “commanding officer”

734.This section provides the Defence Council with the power to make regulations defining who the CO of another person is for the purposes of any provision of the Act. These regulations are not made by statutory instrument as they are administrative documents. They will allow the Defence Council to provide for matters such as the rank a CO must hold if he is to hear a charge against another officer of a particular rank.

Section 361: Meaning of “higher authority”

735.This section defines higher authority in relation to a CO for the purposes of the Act as anyone superior to the CO in his disciplinary chain of command. Hence, when a CO requires higher authority approval to award particular punishments at a summary hearing it is clear from whom he must seek this approval.

Section 362: Judge Advocates

736.This section provides that for the purposes of this Act references to “judge advocate” mean the Judge Advocate General, those people who have been appointed to the office of judge advocate under the provisions of the Courts-Martial (Appeals) Act 1951 or a High Court judge. This latter category will allow the Judge Advocate General to select High Court judges for certain trials when particular expertise is required.

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