Armed Forces Act 2006 (c. 52)

Part 8 U.K. Sentencing Powers and Mandatory etc Sentences

Modifications etc. (not altering text)

C1 Pt. 8 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(2)

Chapter 7 U.K. Court Orders Other Than Sentences

Service restraining orders U.K.

230 Service restraining orders: supplementary U.K.

(1) Section 7 (interpretation) of the Protection from Harassment Act 1997 (c. 40) (“the 1997 Act”) applies for the purposes of section 229 of this Act as it applies for the purposes of sections 5 and 5A of that Act.

(2) Section 12 of the 1997 Act (national security etc) applies for the purposes of section 229 of this Act as if—

(a) the reference in subsection (1)(c) to serious crime were a reference to serious service offences or serious crime (committed anywhere);

(b) the reference in subsection (1) to the 1997 Act were a reference to section 229 of this Act.

(3) Where the Court Martial Appeal Court allows an appeal against conviction it may remit the case to the Court Martial for that court to consider whether to proceed under section 229.

(4) Section 229 applies in relation to a case remitted under subsection (3) as if subsection (1)(a) were omitted.

Commencement Information

I1 S. 230 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2 S. 230 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4