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The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009

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  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.SDA offences to be dealt with under this Order

    4. 4.Offences triable by civilian court

    5. 5.“Service offence” in AFA 2006 not to include offences committed before commencement

  3. PART 2

    1. 6.Liability for SDA offences

    2. 7.Punishment may not be more severe than maximum court-martial punishment

    3. 8.Civilian offenders

  4. PART 3

    1. 9.Offence incomplete at commencement

    2. 10.Course of conduct carried on over commencement

    3. 11.Conduct at a time unknown

  5. PART 4

    1. 12.Jurisdiction of the Court Martial

    2. 13.Jurisdiction of the Service Civilian Court

    3. 14.Charges capable of being heard summarily

    4. 15.Offences that may be dealt with at a summary hearing

    5. 16.Charges in respect of SDA offences that may be heard summarily only with permission or by senior officer

  6. PART 5 ETC

    1. 17.No charge to be brought where SDA time limit for trial expired before commencement etc

    2. 18.General time limits for charging servicemen or former servicemen with SDA offences

    3. 19.Time limits for charging civilian formerly subject to SDAs

    4. 20.Time limit for charging civilian formerly subject to service discipline with SDA offence

    5. 21.Time limit for charging SDA offence of failing to comply with requirement imposed on release from custody

    6. 22.Time limits for charging RFA offences

    7. 23.False statements made on enlistment

    8. 24.Breach of community supervision order

  7. PART 6

    1. 25.Saving of existing bars to service proceedings

    2. 26.Saving of existing bars to civilian court proceedings

    3. 27.Application of AFA 2006 ss. 63 and 64

    4. 28.Application of AFA 2006 s. 66

  8. PART 7

    1. 29.“Service offence”

    2. 30.Powers of arrest

    3. 31.Search on arrest

    4. 32.Stop and search

    5. 33.Powers of entry, search and seizure

  9. PART 8

    1. CHAPTER 1

      1. 34.“Service offence”

    2. CHAPTER 2

      1. 35.Limitations on custody without charge of person arrested before commencement

      2. 36.Authorisation by CO of custody without charge

      3. 37.Extension by judge advocate of custody without charge

      4. 38.Persons arrested while in custody

      5. 39.Custody without charge: other cases

    3. CHAPTER 3

      1. 40.Custody after charge

      2. 41.Arrest after charge

  10. PART 9

    1. 42.“Service offence”, “Schedule 2 offence”

    2. 43.Duties and powers of commanding officers in relation to allegations etc

    3. 44.Charges preferred by prosecuting authority: allocation for Court Martial trial

    4. 45.Effect of time limits for court-martial trial

    5. 46.Charges reported to commanding officer: allocation for summary hearing

    6. 47.Exceptions to allocation for summary hearing

    7. 48.Effect of time limits for trial in relation to summary hearing

    8. 49.Charges allocated for summary hearing: restriction on CO’s powers in certain cases

    9. 50.Deemed referrals under AFA 2006 s. 116(3)

    10. 51.Part of a case referred back under SDAs: power of CO to charge etc

    11. 52.Charges directed to be tried by a Standing Civilian Court

    12. 53.Effect of time limits for court-martial trial in relation to SCC

  11. PART 10

    1. CHAPTER 1

      1. 54.Summary hearing where court-martial trial declined before commencement

      2. 55.Powers of punishment where finding reached before commencement

      3. 56.Deemed disrating

      4. 57.Approval of summary punishment (NDA cases)

      5. 58.Warrant punishments

    2. CHAPTER 2 AFA 2006

      1. 59.Applications for purposes of AFA 2006 made before commencement

      2. 60.Permissions for purposes of AA 1955 or AFA 1955 to award extended detention

      3. 61.Certain consequences of election for court-martial trial

    3. CHAPTER 3

      1. 62.Activation where application for approval made before commencement

    4. CHAPTER 4

      1. 63.Right of appeal

      2. 64.Appeal brought but not heard before commencement

      3. 65.Officers and warrant officers ineligible for membership of court

      4. 66.Punishments substituted for punishments imposed under AA 1955

      5. 67.Punishments substituted for punishments imposed under AFA 1955

      6. 68.Punishments substituted for punishments imposed under NDA 1957

      7. 69.Appeals from decisions of a summary appeal court

    5. CHAPTER 5

      1. 70.Power to review summary findings and punishments

      2. 71.Power to complete review begun before commencement

      3. 72.Powers on a review carried out or completed under AFA 2006

      4. 73.Powers where review completed before commencement

  12. PART 11

    1. CHAPTER 1

      1. 74.Pre-commencement selection of members of Court Martial

      2. 75.Eligibility to be member of the court

      3. 76.Arraignment before commencement

      4. 77.Power to convict of alternative offences

      5. 78.Sentencing powers where election for Court Martial trial

      6. 79.Appeals against pre-commencement orders restricting publicity etc

    2. CHAPTER 2

      1. 80.Continuation of hospital orders etc made before commencement

      2. 81.Remission for trial

      3. 82.Finding that defendant who is unfit to stand trial did the act or made the omission charged

      4. 83.Powers to make hospital orders etc

    3. CHAPTER 3

      1. 84.Variation of court-martial sentence

  13. PART 12

    1. CHAPTER 1

      1. 85.Consecutive custodial sentences and consecutive service detention

    2. CHAPTER 2

      1. 86.Offenders under 18 convicted of certain serious SDA offences: power to detain for specified period

      2. 87.Offenders under 18: detention and training orders

    3. CHAPTER 3 etc

      1. 88.Mandatory life imprisonment etc

      2. 89.Sentences required by SDAs

    4. CHAPTER 4

      1. 90.Service restraining orders

      2. 91.Recognizances

    5. CHAPTER 5

      1. 92.Power of Supreme Court to make service compensation order

  14. PART 13

    1. CHAPTER 1

      1. 93.Suspended sentences

    2. CHAPTER 2

      1. 94.Activation of suspended SDA sentence of imprisonment

      2. 95.Activation of suspended SDA sentence of service detention on conviction by Court Martial

      3. 96.Activation of suspended NDA 1957 sentence of service detention following conviction by another court or a CO

    3. CHAPTER 3 NDA 1957

      1. 97.Activation by CO

      2. 98.Powers of SAC

      3. 99.SAC powers where suspended sentence of more than 90 days

    4. CHAPTER 4

      1. 100.Activated SDA sentence of imprisonment

      2. 101.Activated sentence of service detention

  15. PART 14

    1. 102.Sentencing principles and procedures: references to “service offence”, “service custody”, etc

    2. 103.Increase in sentence for racial or religious aggravation

    3. 104.Limit on combined term of service detention

    4. 105.Limit on combined term: supplementary

    5. 106.Crediting of time in service custody

  16. PART 15

    1. 107.Interpretation

    2. 108.Right of appeal against conviction or sentence by court-martial

    3. 109.Right of appeal against activation of suspended SDA sentence by Court Martial or court-martial

    4. 110.Application for leave to appeal against sentence by court-martial where previous conviction set aside

    5. 111.Quashing of conviction by court-martial

    6. 112.Power to re-sentence when some but not all convictions successfully appealed

    7. 113.Substitution of conviction on different charge otherwise than after guilty plea

    8. 114.Substitution of conviction on different charge after guilty plea

    9. 115.Variation of conviction so as to attract different sentence

    10. 116.Effect of appeal, or application for leave to appeal, against sentence

    11. 117.Powers of Appeal Court on appeal against sentence

    12. 118.Term of sentence

    13. 119.Retrial authorised by Appeal Court

    14. 120.Appeal against finding of not guilty by reason of insanity

    15. 121.Appeal against finding of unfitness to stand trial

    16. 122.Appeal against order made in cases of insanity or unfitness to stand trial

    17. 123.Costs of successful appeal

    18. 124.Reference of cases by Service authorities

    19. 125.Provision of record of proceedings of court-martial

    20. 126.Appeal to House of Lords or Supreme Court

    21. 127.Duties of registrar with respect to appeals etc

    22. 128.Saving for prerogative

    23. 129.Review of unduly lenient sentence for SDA offence

    24. 130.Compensation for miscarriages of justice

  17. PART 16

    1. 131.Constitution of the Service Civilian Court

    2. 132.Arraignment before a Standing Civilian Court

    3. 133.Maximum fine for SDA civil offence

    4. 134.Appeal against conviction or sentence by Standing Civilian Court

  18. PART 17

    1. CHAPTER 1

      1. 135.General saving for SDA sentences

    2. CHAPTER 2

      1. 136.Committal orders under NDA 1957: custodial sentences

      2. 137.Committal orders under NDA 1957: sentences of service detention

      3. 138.Commencement of SDA sentence of service detention awarded by CO: sentence not running at commencement

      4. 139.Commencement of SDA sentence of service detention awarded by CO: sentence running at commencement

      5. 140.Commencement of consecutive SDA sentence of service detention awarded by CO before commencement

      6. 141.Commencement of sentence of detention activated by CO under NDA 1957 before commencement

      7. 142.Commencement of SDA sentence of service detention awarded by CO after commencement

      8. 143.Commencement of sentence of detention activated by CO under NDA 1957 after commencement

      9. 144.Commencement of SDA sentence of service detention activated by CO under AFA 2006

      10. 145.Effect of custodial sentence or detention on rank or rate

      11. 146.Service of SDA sentence of service detention

      12. 147.Detention in service custody following passing of custodial sentence etc in respect of SDA offence

      13. 148.Removal to England and Wales following passing of custodial sentence etc in respect of SDA offence

      14. 149.Duty to receive and detain prisoners

      15. 150.Service custody etc rules

      16. 151.Duration of sentences: persons unlawfully at large or on temporary release

      17. 152.Remission of certain sentences on passing of custodial sentence etc

      18. 153.Power of service policeman to arrest person unlawfully at large

      19. 154.Sentences passed by civilian courts

    3. CHAPTER 3

      1. 155.Effect of appeal on SDA service compensation order, etc

      2. 156.Review of stoppages and SDA compensation order, etc

      3. 157.Power to allow payment of fine or stoppages by instalments

      4. 158.Imprisonment in default of payment of fine

    4. CHAPTER 4

      1. 159.Second class for conduct

    5. CHAPTER 5

      1. 160.Restitution orders

    6. CHAPTER 6

      1. 161.SDA orders for conditional discharge

      2. 162.Order of court-martial: conviction of further offence by Court Martial

      3. 163.Order of any SDA court: conviction of further offence by Service Civilian Court

      4. 164.Order of Standing Civilian Court: conviction of further offence by Court Martial

      5. 165.Appeals against re-sentence, etc

    7. CHAPTER 7

      1. 166.Community supervision orders

      2. 167.Savings in respect of community supervision orders: provisions of SDAs

      3. 168.Offence of failure to comply to be treated as service offence for certain purposes

      4. 169.Community supervision order made by court-martial: conviction of further offence by Court Martial

      5. 170.CSO made by any SDA court: conviction of further offence by Service Civilian Court

      6. 171.CSO made by Standing Civilian Court: conviction of further offence by Court Martial

      7. 172.Restriction on other powers of punishment in respect of failure to comply with order

      8. 173.Appeals against re-sentence, etc

      9. 174.Savings of regulations

    8. CHAPTER 8

      1. 175.Service of documents

  19. PART 18

    1. 176.Findings and sentences passed by reviewing authority

    2. 177.Testing for alcohol and drugs

    3. 178.Offences in relation to service courts

    4. 179.Witness anonymity orders

    5. 180.Arrest by civilian police under warrant

    6. 181.Arrest by civilian police of deserters etc

    7. 182.Remand by civil court

    8. 183.Arrest of persons unlawfully at large

    9. 184.The Criminal Cases Review Commission

    10. 185.Financial penalty enforcement orders

    11. 186.Evidential burden as respects excuses

    12. 187.Local probation boards

    13. 188.Judge advocates

  20. PART 19 ETC

    1. 189.Interpretation

    2. 190.Enlistment

    3. 191.Terms and conditions of enlistment and service

    4. 192.Desertion and absence without leave: forfeiture of service etc

    5. 193.Discharge etc from the regular forces and transfer to the reserve forces

    6. 194.Membership of reserve force

    7. 195.Term of compulsory service

    8. 196.Complaints to employment tribunals etc

  21. PART 20

    1. 197.Permitted forfeitures and deductions

    2. 198.Forfeitures and deductions permitted, ordered or authorised before commencement

  22. PART 21

    1. 199.Offences punishable by civilian courts

    2. 200.Evidence in proceedings before civilian courts

    3. 201.Trial by civil courts of offences committed before commencement

    4. 202.Affidavits and declarations

    5. 203.Protection of children of service families

    6. 204.Service of process

    7. 205.Minor and consequential amendments and repeals

    8. 206.Transitory provisions

  23. Signature

    1. SCHEDULE 1

      Minor and consequential amendments and repeals

    2. SCHEDULE 2

      Transitory provisions

  24. Explanatory Note

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