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Armed Forces Act 2006
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- s. 1-350 Coming into force by S.I. 2009/812 art. 3(a)(b)
- s. 260 excluded by S.I. 2009/1059 art. 89(4)
- s. 260(1)(b) word substituted by 2012 c. 10 Sch. 26 para. 27
- s. 260(1)(b) words inserted by 2012 c. 10 Sch. 22 para. 34(2)(a)
- s. 260(1)(b) words inserted by 2012 c. 10 Sch. 22 para. 34(2)(b)
- s. 260(1)(b) words substituted by 2008 c. 4 Sch. 25 para. 21
- s. 260(4A)(4B) inserted by 2012 c. 10 Sch. 22 para. 34(3)
- specified provision(s) transitional provisions for effects of commencing SI 2009/812 by S.I. 2009/1059 Order
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act continued by S.I. 2007/2123 art. 2
- Act continued by S.I. 2008/1780 art. 2
- Act continued by S.I. 2010/2475 art. 2
- Act continued by S.I. 2012/1750 art. 1
- Act continued until 8.11.2009 by S.I. 2009/1752 art. 2
- Act expires 8.11.2007 by 2006 c. 52 s. 382
- Act expires on 3.11.2012 by virtue of s. 382 of the Act (as substituted) (subject to power to continue in s. 382(2)) by 2011 c. 18 s. 1
- Act modified by S.I. 2009/1059 Sch. 2 para. 18
- Act modified in part by S.I. 2009/826 reg. 3(1)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 16A inserted by 2011 c. 18 s. 2
- Ch. 3A inserted by 2011 c. 18 s. 11(1)
- Ch. 4A inserted by 2011 c. 18 s. 4
- s. 20A inserted by 2011 c. 18 s. 10
- s. 115A and cross-heading inserted by 2011 c. 18 s. 3
- s. 130A inserted by 2011 c. 18 Sch. 3 para. 9
- s. 135A inserted by 2011 c. 18 Sch. 3 para. 11
- s. 194A inserted by 2011 c. 18 Sch. 3 para. 16
- s. 218A inserted by 2012 c. 10 Sch. 22 para. 2
- s. 219A inserted by 2012 c. 10 Sch. 22 para. 5
- s. 221A inserted by 2012 c. 10 Sch. 22 para. 9
- s. 227A inserted by 2012 c. 10 Sch. 26 para. 24
- s. 232A-232G and cross-heading inserted by 2011 c. 18 s. 17(1)
- s. 269A-269C inserted by 2011 c. 18 s. 16(1)
- s. 270A 270B inserted by 2008 c. 4 Sch. 25 para. 27
- s. 270A inserted by 2011 c. 18 Sch. 3 para. 20(2)
- s. 270A(d) inserted by 2013 c. 3 Sch. para. 31
- s. 270B(6)(a) word repealed by 2009 c. 25 Sch. 17 para. 9(2) Sch. 23 Pt. 5
- s. 270B(6)(aa) inserted by 2009 c. 25 Sch. 17 para. 9(2)
- s. 270B(10) word repealed by 2009 c. 25 Sch. 23 Pt. 5
- s. 270B(10)(a) words inserted by 2009 c. 25 Sch. 17 para. 9(3)(a)
- s. 270B(10)(b) words substituted by 2009 c. 25 Sch. 17 para. 9(3)(b)
- s. 270B(10)(c)-(e) inserted by 2009 c. 25 Sch. 17 para. 9(3)(c)
- s. 276A 276B inserted by 2008 c. 4 Sch. 25 para. 30
- s. 336A inserted by 2011 c. 18 s. 20(7)
- s. 365A and cross-heading inserted by 2011 c. 18 s. 5
- s. 371A and cross-heading inserted by 2011 c. 18 s. 23(1)
- Sch. 16. para. 136 Coming into force by S.I. 2007/2913 art. 3
- Sch. 3A inserted by 2011 c. 18 s. 14(2) Sch. 1
Commencement Orders yet to be applied to the Armed Forces Act 2006:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2007/1442 art. 2 commences (2006 c. 52)
- S.I. 2007/2913 art. 2 3 commences (2006 c. 52)
- S.I. 2009/812 art. 3 commences (2006 c. 52)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2007/3001 art. 2 commences (2007 c. 21)
- S.I. 2008/1900 art. 2 commences (2007 c. 12)
- S.I. 2008/2504 art. 2 commences (2007 c. 27)
- S.I. 2008/3068 art. 2-5 commences (2008 c. 17)
- S.I. 2009/803 art. 1(2) 10 commences (2008 c. 17)
- S.I. 2009/1028 art. 2 commences (2008 c. 4)
- S.I. 2009/1167 art. 3 4 commences (2006 c. 52)
- S.I. 2009/1842 art. 2 commences (2008 c. 4)
- S.I. 2009/2606 art. 2 3 commences (2008 c. 4)
- S.I. 2010/816 art. 2-6 Sch. commences (2009 c. 25)
- S.I. 2010/862 art. 3 commences (2008 c. 17)
- S.I. 2010/1858 art. 2 3 commences (2009 c. 25)
- S.I. 2011/1418 art. 2 commences (2010 c. 23)
- S.I. 2012/1319 art. 2(4) commences (2012 c. 7)
- S.I. 2012/1432 art. 2 commences (2012 c. 4)
Prospective
260Discretionary custodial sentences: general restrictionsE+W+S+N.I.
This section has no associated Explanatory Notes
(1)This section applies where a court is dealing with an offender for a service offence punishable with a custodial sentence, other than an offence the sentence for which—
(a)is fixed by law; or
(b)falls to be imposed as a result of subsection (2) of any of sections 219 to 222 and 225 to 227.
(2)The court must not pass a custodial sentence unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was so serious that no less severe sentence can be justified for the offence.
(3)Nothing in subsection (2) prevents the court from passing a custodial sentence where—
(a)the court had proposed to award a community punishment; and
(b)the offender failed to express his willingness to comply with a requirement which the court proposed to include in the community punishment and which required an expression of such willingness.
(4)In forming any such opinion as is mentioned in subsection (2) or section 261(2) (length of sentence), a court must take into account all such information as is available to it about the circumstances of the offence and any associated offence, including any aggravating or mitigating factors.
(5)For the purposes of this section a sentence falls to be imposed as a result of subsection (2) of section 225, 226 or 227 if it is required by that subsection and the court is not of the opinion there mentioned.
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