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Armed Forces Act 2006

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

775.At present the Army and the RAF set out which criminal conduct offences a CO may deal with summarily, whilst the Royal Navy places very few restrictions on the offences that may be tried summarily (although the powers of punishment available to Royal Navy COs necessarily operate to restrict which criminal conduct matters may be tried summarily). Under the Act the criminal offences that may be heard summarily are set out in this Schedule and are divided into those that a CO may hear without extended powers (see the notes on Part 2 of the Schedule below) and those for which such powers are required. Section 53 provides that the Secretary of State may by order amend this Schedule.

Part 1 – Offences that may be dealt with without permission

776.This Part lists the twelve criminal conduct offences that a CO may deal with summarily without the grant of extended powers from higher authority.

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

777.This Part lists the eight criminal conduct offences that a CO may hear summarily only if he has been granted permission to do so by higher authority, or he is a senior officer.

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