Part 2Jurisdiction and Time Limits

Chapter 1Jurisdiction

Service Civilian Court

I1I251Jurisdiction of the Service Civilian Court

1

The Service Civilian Court has jurisdiction to try any service offence committed outside the British Islands by a civilian, except an offence within subsection (3) or an offence in relation to which subsection (6) applies.

2

For the purposes of subsection (1) an offence is committed by a civilian if it is committed by a person who, at the time when it is committed, is a civilian subject to service discipline.

3

The offences within this subsection are—

a

an indictable-only offence under section 42;

b

an offence under section 266 committed in respect of a financial statement order made by a court other than the Service Civilian Court;

c

any service offence under regulations under section 328 or 343;

F2ca

an offence under paragraph 2, 3, 4 or 5 of Schedule 2A (offences relating to members of the Court Martial);

d

an offence within section 50(2)(h) or (i) (Reserve Forces Act offences).

4

For the purposes of subsection (3)(a) an offence under section 42 is “indictable-only” if the corresponding offence under the law of England and Wales is under that law an offence which, if committed by an adult, is triable only on indictment; but this is subject to subsection (5).

5

Where the defendant is aged under 18 at the time a decision under section 279 is made, an offence under section 42 is “indictable-only” for the purposes of subsection (3)(a) above if (and only if)—

a

the corresponding offence under the law of England and Wales is murder, manslaughter or an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (c. 28) F1of causing or allowing the death of a child or vulnerable adult; or

b

section 227 (firearms offences) would apply if the accused were convicted by the Court Martial of the offence under section 42.

6

This subsection applies in relation to an offence if the defendant is for the time being—

a

a member of the regular or reserve forces; or

b

liable to recall.

7

For the purposes of subsection (6) a person is “liable to recall” if—

a

under section 65(1) of the Reserve Forces Act 1996 (c. 14) he is liable to be recalled for service; or

b

he is liable to be recalled as mentioned in section 35(1) of the Reserve Forces Act 1980 (c. 9).