Armed Forces Act 2006

1. Introduction

2. Expand +/Collapse -

   Background

   1. Other provisions in the SDAs

   2. Renewal of service law

   3. The Strategic Defence Review 1998

3. Overview of the Act

4. Expand +/Collapse -

   Structure of the Act

   1. First Group of Parts: Discipline

   2. Second Group of Parts: Miscellaneous Matters

   3. Third Group of Parts: General

5. Expand +/Collapse -

   Commentary

   1. First Group of Parts – Discipline

      1. Part 1 – Offences

         1. Assisting an enemy, misconduct on operations etc

            1. Section 1: Assisting an enemy

            2. Section 2: Misconduct on operations

            3. Section 3: Obstructing operations

            4. Section 4: Looting

            5. Section 5: Failure to escape etc

         2. Mutiny

            1. Section 6: Mutiny

            2. Section 7: Failure to suppress mutiny

         3. Desertion and absence without leave

            1. Section 8: Desertion

            2. Section 9: Absence without leave

            3. Section 10: Failure to cause apprehension of deserters or absentees

         4. Insubordination etc

            1. Section 11: Misconduct towards a superior officer

            2. Section 12: Disobedience to lawful commands

            3. Section 13: Contravention of standing orders

            4. Section 14: Using force against a sentry etc

         5. Neglect of duty and misconduct

            1. Section 15: Failure to attend for or perform duty etc

            2. Section 16: Malingering

            3. Section 17: Disclosure of information useful to an enemy

            4. Section 18: Making false records etc

            5. Section 19: Conduct prejudicial to good order and discipline

            6. Section 20: Unfitness or misconduct through alcohol or drugs

            7. Section 21: Fighting or threatening behaviour etc

            8. Section 22: Ill-treatment of subordinates

            9. Section 23: Disgraceful conduct of a cruel or indecent kind

         6. Property offences

            1. Section 24: Damage to or loss of public or service property

            2. Section 25: Misapplying or wasting public or service property

         7. Offences against service justice

            1. Section 27: Obstructing or failing to assist a service policeman

            2. Section 28: Resistance to arrest etc

            3. Section 29: Offences in relation to service custody

            4. Section 30: Allowing escape, or unlawful release, of prisoners etc

         8. Ships and aircraft

            1. Section 31: Hazarding of ship

            2. Section 32: Giving false air signals etc

            3. Section 33: Dangerous flying etc

            4. Section 34: Low flying

            5. Section 35: Annoyance by flying

            6. Section 36: Inaccurate certification

            7. Section 37: Prize offences by officer in command of ship or aircraft

            8. Section 38: Other prize offences

         9. Attempts, incitement, and aiding and abetting

            1. Section 39: Attempts

            2. Section 40: Incitement

            3. Section 41: Aiding, abetting, counselling or procuring

         10. Criminal conduct

             1. Section 42: Criminal conduct

             2. Section 43: Attempting criminal conduct

             3. Section 44: Trial of section 42 offence of attempt

             4. Section 45: Conspiring to commit criminal conduct

             5. Section 46: Inciting criminal conduct

             6. Section 47: Aiding, abetting, counselling or procuring criminal conduct

             7. Section 48: Provision supplementary to sections 43 to 47

             8. Section 49: Air Navigation Order offences

      2. Part 2 – Jurisdiction and Time Limits

         1. Chapter 1 – Jurisdiction

            1. Court Martial

               1. Section 50: Jurisdiction of the Court Martial

            2. Service Civilian Court

               1. Section 51: Jurisdiction of the Service Civilian Court

            3. Commanding officers

               1. Section 52: Charges capable of being heard summarily

               2. Section 53: Offences that may be dealt with at a summary hearing

               3. Section 54: Charges which may be heard summarily only with permission or by senior officer

         2. Chapter 2 – Time Limits for Commencing Proceedings

            1. Time limits for offences other than Reserve Forces Act offences

               1. Section 55: Time limit for charging former member of a regular or reserve force

               2. Section 56: Time limit for charging certain members or former members of ex-regular reserve forces

               3. Section 57: Time limit for charging person formerly subject to service law

               4. Section 58: Time limit for charging civilian formerly subject to service discipline

               5. Section 59: Time limit for charging offence under section 107

               6. Section 60: Time limit for charging offence under section 266

               7. Section 61: Sections 55 to 60: exceptions and interpretation

            2. Time limit for Reserve Forces Act offences

               1. Section 62: Time limit for charging Reserve Forces Act offences

         3. Chapter 3 – Double Jeopardy

            1. Section 63: Service proceedings barring subsequent service proceedings

            2. Section 64: Service proceedings barring subsequent civilian proceedings

            3. Section 65: Sections 63 and 64: supplementary

            4. Section 66: Civilian proceedings barring subsequent service proceedings

      3. Part 3 – Powers of Arrest, Search and Entry

         1. Chapter 1 – Arrest etc

            1. Powers of arrest

               1. Section 67: Power of arrest for service offence

               2. Section 68: Section 67: supplementary

               3. Section 69: Power of arrest in anticipation of commission of service offence

            2. Search on arrest

               1. Section 70: Search by service policeman upon arrest

               2. Section 71: Search by other persons upon arrest

               3. Section 72: Sections 70 and 71: supplementary

               4. Section 73: Seizure and retention after search upon arrest

               5. Section 74: Power to make provision conferring power to search premises at which person arrested

         2. Chapter 2 – Stop and Search

            1. Section 75: Power of service policeman to stop and search persons, vehicles etc

            2. Section 76: Stop and search by persons other than service policemen

            3. Section 78: Places in which powers under sections 75 and 76 may be exercised

            4. Section 79: Sections 75 and 76: limitation on searching persons or vehicles in certain gardens etc

            5. Section 80: Searches under sections 75 and 76: supplementary

            6. Section 81: Power to make further provision about searches under sections 75 and 76

            7. Section 82: Application of Chapter to ships and aircraft

         3. Chapter 3 – Powers of Entry, Search and Seizure

            1. Entry for purposes of obtaining evidence etc

               1. Section 83: Power of judge advocate to authorise entry and search

               2. Section 84: Section 83: definitions

               3. Section 85: Section 83: Power to make supplementary provision

               4. Section 86: Power to make provision as to access to excluded material etc

               5. Section 87: Power of CO to authorise entry and search by service policeman

               6. Section 88: Power of CO to authorise entry and search by other persons

               7. Section 89: Review by judge advocate of certain searches under section 87 or 88

            2. Entry for purposes of arrest etc

               1. Section 90: Entry for purpose of arrest etc by a service policeman

               2. Section 91: Entry for purpose of arrest etc by other persons

            3. Additional powers of entry, search and seizure

               1. Section 92: Power to make provision conferring powers of entry and search after arrest

               2. Section 93: Power to make provision conferring power of seizure etc

         4. Chapter 4 – Supplementary

            1. Section 94: Property in possession of service police or CO

            2. Section 95: Saving provision

            3. Section 97: Power to use reasonable force

      4. Part 4 – Custody

         1. Chapter 1 – Custody without charge

            1. Section 98: Limitations on custody without charge

            2. Section 99: Authorisation by commanding officer of custody without charge

            3. Section 100: Review of custody by commanding officer

            4. Section 101: Extension by judge advocate of custody without charge

            5. Section 102: Further provision about applications under section 101

            6. Section 103: Custody without charge: other cases

            7. Section 104: Custody without charge: supplementary

         2. Chapter 2 – Custody etc after charge

            1. Custody after charge

               1. Section 105: Custody after charge

               2. Section 106: Conditions A to D

               3. Section 107: Release from custody after charge

               4. Section 108: Review of custody after charge

               5. Section 109: Custody during proceedings of Court Martial or Service Civilian Court

            2. Arrest after charge

               1. Section 110: Arrest after charge or during proceedings by order of commanding officer

               2. Section 111: Arrest during proceedings at direction of court

         3. Chapter 3 – Custody proceedings rules

            1. Section 112: Custody proceedings rules

      5. Part 5 – Investigation, Charging and Mode of Trial

         1. Chapter 1 – Investigation

            1. Duties of commanding officers

               1. Section 113: CO to ensure service police aware of possibility serious offence committed

               2. Section 114: CO to ensure service police aware of certain circumstances

               3. Section 115: Duty of CO with respect to investigation of service offences

            2. Duty of service policeman following investigation

               1. Section 116: Referral of case following investigation by service or civilian police

               2. Section 117: Section 116: position where investigation is of multiple offences or offenders

               3. Section 118: Duty of service policeman to notify CO of referral to DSP

         2. Chapter 2 – Charging and Mode of Trial

            1. Powers of charging etc

               1. Section 119: Circumstances in which CO has power to charge

               2. Section 120: Power of CO to charge etc

               3. Section 121: Power of DSP to direct bringing of charge etc

               4. Section 122: Charges brought at direction of DSP

            2. Powers of commanding officer or DSP after charge etc

               1. Section 123: Powers of CO after charge

               2. Section 124: CO to hear charge allocated for summary hearing

               3. Section 125: Powers of DSP in respect of charge allocated for Court Martial trial

               4. Section 126: Powers of DSP in respect of charge allocated for SCC trial

         3. Chapter 3 – Supplementary

            1. Section 127: Directions by DSP barring further proceedings

            2. Section 128: Regulations for purposes of Part 5

      6. Part 6 – Summary Hearing and Appeals and Review

         1. Chapter 1 – Summary Hearing

            1. Right to elect Court Martial trial

               1. Section 129: Right to elect Court Martial trial

               2. Section 130: Further consequences of election for Court Martial trial

            2. Summary hearing

               1. Section 131: Summary hearing

            3. Punishments available to commanding officer

               1. Section 132: Punishments available to commanding officer

               2. Section 133: Detention: limits on powers

               3. Section 134: Forfeiture of seniority: requirement for approval

               4. Section 135: Reduction in rank: limits on powers

               5. Section 136: Fine: maximum amount

               6. Section 137: Service compensation orders: maximum amount

               7. Section 138: Prohibited combinations of punishments

               8. Section 139: Savings for maximum penalties for offences

         2. Chapter 2 – The Summary Appeal Court

            1. Section 140: The Summary Appeal Court

            2. Section 141: Right of appeal

            3. Section 142: Constitution of the SAC for appeals

            4. Section 143: Officers and warrant officers qualified for membership of the SAC

            5. Section 144: Officers and warrant officers ineligible for membership in particular circumstances

            6. Section 145: Open court

            7. Section 146: Hearing of appeals

            8. Section 147: Powers of the SAC

            9. Section 148: Effect of substituted punishment

            10. Section 149: Making of, and appeals from, decisions of the SAC

            11. Section 150: Privileges of witnesses and others

            12. Section 151: SAC rules

         3. Chapter 3 – Review of Summary Findings and Punishments

            1. Section 152: Review of summary findings and punishments

         4. Chapter 4 – Summary Hearings etc Rules

            1. Section 153: Summary hearings etc rules

      7. Part 7- Trial by Court Martial

         1. Chapter 1 – The Court Martial

            1. Section 154: The Court Martial

            2. Section 155: Constitution of the Court Martial

            3. Section 156: Officers and warrant officers qualified for membership of the Court Martial

            4. Section 157: Officers and warrant officers ineligible for membership in particular circumstances

         2. Chapter 2 – Court Martial Proceedings

            1. Section 160: Decisions of Court Martial: finding and sentence

            2. Section 161: Power of Court Martial to convict of offence other than that charged

            3. Section 163: Court Martial rules

         3. Chapter 3 – Punishments available to Court Martial

            1. Section 164: Punishments available to Court Martial

            2. Section 165: Sentencing powers of Court Martial where election for trial by that court instead of CO

         4. Chapter 4 – Findings of Unfitness to Stand Trial and Insanity

            Introduction

            1. Section 166: Fitness to stand trial

            2. Section 167: Finding that defendant did the act or made the omission charged

            3. Section 168: Findings of insanity

            4. Section 169: Powers where person unfit to stand trial or not guilty by reason of insanity

            5. Section 170: Service supervision orders

            6. Section 171: Remission for trial

            7. Section 172: Provision supplementary to sections 166 and 168

      8. Part 8 – Sentencing Powers and Mandatory Etc Sentences

         1. Chapter 1 – Definition etc of Certain Sentences

            1. Service supervision and punishment orders

               1. Section 173: Service supervision and punishment orders

               2. Section 174: Review of service supervision and punishment orders

            2. Service compensation orders

               1. Section 175: Service compensation orders

               2. Section 176: Service compensation orders: appeals etc

               3. Section 177: Review of service compensation orders

            3. Service community orders (civilians and dismissed servicemen only)

               1. Section 178: Service community orders

               2. Section 179: Periodic review etc of service community orders

               3. Section 180: Transfer of service community order to Scotland or Northern Ireland

               4. Section 181: Breach, revocation or amendment of service community order

            4. Overseas community orders (civilians only)

               1. Section 182: Overseas community orders

               2. Section 183: Overseas community orders: modifications of 2003 Act

               3. Section 184: Breach, revocation or amendment of overseas community order

            5. Conditional or absolute discharge (civilians only)

               1. Section 185: Conditional or absolute discharge

               2. Section 186: Commission of further offence by person conditionally discharged

               3. Section 187: Effect of discharge

         2. Chapter 2 – Consecutive Sentences

            1. Section 188: Consecutive custodial sentences

            2. Section 189: Consecutive sentences of service detention

         3. Chapter 3 – Suspended Sentence of Service Detention

            1. Section 190: Suspension of sentence of service detention

            2. Section 191: Activation by Court Martial of suspended sentence of service detention

            3. Section 192: Activation by Court Martial: appeals

            4. Section 193: Activation by CO of suspended sentence of service detention

            5. Section 194: Activation by CO: maximum term

            6. Section 195: Suspended sentences: powers of SAC

         4. Chapter 4 – Imprisonment for Term of Under 12 Months

            1. Application of provisions in the 2003 Act

               1. Section 196: Term of sentence etc

            2. Imprisonment with or without “custody plus” order

               1. Section 197: Imprisonment with or without a custody plus order

               2. Section 198: Transfer to Scotland or Northern Ireland of custody plus order

               3. Section 199: Revocation and amendment of custody plus orders

            3. Suspended sentences of imprisonment

               1. Section 200: Suspended sentence orders with or without community requirements

               2. Section 201: Order without community requirements: provisions not applying

               3. Section 202: Order with community requirements: disapplication of certain provisions

               4. Section 203: Review of order with community requirements

               5. Section 204: Transfer to Scotland or Northern Ireland of order with community requirements

               6. Section 205: Amendment of order with community requirements

               7. Section 206: Suspended sentence: further conviction or breach of community requirement

         5. Chapter 5 – Young Offenders: Custodial Sentences Available to Service Courts

            1. Restriction on imposing imprisonment on persons under 18

               1. Section 208: Prohibition on imposing imprisonment on persons under 18

            2. Detention for certain serious offences

               1. Section 209: Offenders under 18 convicted of certain serious offences: power to detain for specified period

               2. Section 210: Detention under section 209: place of detention etc

            3. Detention and training orders

               1. Section 211: Offenders under 18: detention and training orders

               2. Section 212: Term of detention and training order: general

               3. Section 213: Application of provisions relating to civilian detention and training orders

               4. Section 214: Offences during currency of detention and training order

               5. Section 215: Section 214: definitions etc

               6. Section 216: Appeals against orders under section 214

         6. Chapter 6 – Mandatory etc Custodial Sentences for Certain Offences

            1. Mandatory sentences

               1. Section 217: Mandatory life imprisonment

               2. Section 218: Offenders who commit murder etc when under 18: mandatory detention at Her Majesty’s pleasure

            2. Required sentences

               1. Section 219: Dangerous offenders aged 18 or over

               2. Section 220: Certain violent or sexual offences: offenders aged 18 or over

               3. Section 221: Dangerous offenders aged under 18

               4. Section 222: Offenders aged under 18: certain violent or sexual offences

               5. Section 223: “The required opinion” for purposes of sections 219 to 222

               6. Section 224: Place of detention under certain sentences

               7. Section 225: Third drug trafficking offence

               8. Section 226: Third domestic burglary

               9. Section 227: Firearms offences

               10. Section 228: Appeals where previous convictions set aside

         7. Chapter 7 – Court Orders Other Than Sentences

            1. Service restraining orders

               1. Section 229: Service restraining orders

               2. Section 230: Service restraining orders: supplementary

               3. Section 231: Service restraining orders: appeals

               4. Section 232: Service restraining orders: variation and revocation

            2. Order for parent or guardian to enter into recognizance

               1. Section 233: Order for service parent or service guardian to enter into recognizance

               2. Section 234: Recognizances and fines under section 233: further provision

               3. Section 235: Recognizances: appeals, variation and revocation

               4. Section 236: Forfeiture of recognizance

      9. Part 9 – Sentencing: Principles and Procedures

         1. Chapter 1 – Principles and Procedures applying to Service Courts and Summary Hearings

            1. General sentencing principles

               1. Section 237: Duty to have regard to purposes of sentencing etc

               2. Section 238: Deciding the seriousness of an offence

               3. Section 239: Reduction in sentences for guilty pleas

               4. Section 240: Increase in sentence for racial or religious aggravation

               5. Section 241: Increase in sentence for aggravation related to disability or sexual orientation

            2. Service detention and custodial sentences

               1. Section 242: Service detention: general restriction

               2. Section 243: Length of term of service detention: general provision

               3. Section 244: Limit on combined term of sentences of service detention

               4. Section 245: Section 244: supplementary

               5. Section 246: Crediting of time in service custody: terms of imprisonment and detention

               6. Section 247: Crediting of time in service custody: supplementary

            3. Forfeiture of seniority and reduction in rank

               1. Section 248: Forfeiture of seniority and reduction in rank or disrating: general restriction

            4. Financial punishments

               1. Section 249: Fixing of fines

               2. Section 250: Determination of service compensation order

               3. Section 251: Power to allow payment of fine or service compensation order by instalments

            5. Reasons

               1. Section 252: Duty to give reasons and explain sentence

               2. Section 253: Duties in complying with section 252

            6. Savings

               1. Section 254: Savings for powers to mitigate sentence etc

         2. Chapter 2 – Principles and Procedures applying to Service Courts only

            1. General

               1. Section 255: Individual sentence for each offence

               2. Section 256: Pre-sentence reports

               3. Section 257: Pre-sentence reports: supplementary

               4. Section 258: Mentally disordered offenders: requirement for medical report

               5. Section 259: Sentencing guidelines

            2. Custodial sentences and service detention

               1. Section 260: Discretionary custodial sentences: general restrictions

               2. Section 261: Length of discretionary custodial sentences: general provision

               3. Section 262: Power to recommend licence conditions

               4. Section 263: Restriction on imposing custodial sentence or service detention on unrepresented offender

               5. Section 264: Effect of duties to pass custodial sentences on other powers of punishment

            3. Dismissal

               1. Section 265: Dismissal: general restrictions

            4. Financial punishments

               1. Section 266: Financial statement orders

               2. Section 267: Power of court to remit fine

               3. Section 268: Order for service parent or service guardian to pay fine or compensation

               4. Section 269: Fixing of fine or compensation to be paid by parent or guardian

            5. Community punishments

               1. Section 270: Community punishments: general restrictions

         3. Chapter 3 – Supplementary

            1. Section 271: Civilian courts dealing with service offences

      10. Part 10 – Court Martial Decisions: Appeal and Review

          1. Chapter 1 – Appeals from Court Martial

             1. Section 272: Appeals to the Court Martial Appeal Court

          2. Chapter 2 – Review of Court Martial Sentence

             1. Section 273: Review of unduly lenient sentence by Court Martial Appeal Court

             2. Section 274: Reference of point of law to Supreme Court

             3. Section 275: Power to make supplementary provision about review of sentence

          3. Chapter 3 – Compensation for Miscarriages of Justice

             1. Section 276: Compensation for miscarriages of justice

      11. Part 11 – the Service Civilian Court

          1. The Service Civilian Court: court and proceedings

             1. Section 277: The Service Civilian Court

             2. Section 279: Court must consider whether trial by Court Martial more appropriate

             3. Section 280: Right to elect trial by Court Martial instead of by SCC

             4. Section 281: Power of SCC to convict of offence other than that charged

          2. Punishments available to Service Civilian Court

             1. Section 282: Punishments available to Service Civilian Court

             2. Section 283: Imprisonment: maximum term

             3. Section 284: Fines and compensation orders: maximum amounts

          3. Appeals from Service Civilian Court

             1. Section 285: Right of appeal from SCC

             2. Section 286: Hearing of appeals from SCC

             3. Section 287: Findings made and sentences passed by Court Martial on appeal from SCC

          4. SCC Rules

             1. Section 288: SCC rules

      12. Part 12 – Service and Effect of Certain Sentences

          1. Commencement of sentence

             1. Section 289: Commencement of sentences of the Court Martial and Service Civilian Court

             2. Section 290: Commencement of term of service detention awarded by CO

             3. Section 291: Commencement of consecutive term of service detention awarded by CO

             4. Section 292: Commencement of suspended sentence activated by CO

          2. Effect of custodial sentence or detention on rank or rate

             1. Section 293: Effect on rank or rate of WOs and NCOs of custodial sentence or sentence of service detention

             2. Section 294: Rank or rate of WOs and NCOs while in custody pursuant to custodial sentence etc

          3. Effect of dismissal

             1. Section 295: Effect of sentence of dismissal

          4. Service of sentence

             1. Section 296: Service detention

             2. Section 297: Detention in service custody following passing of custodial sentence etc

             3. Section 298: Removal to England and Wales following passing of custodial sentence etc

             4. Section 299: Duty to receive prisoners

             5. Section 298: Service custody etc rules

             6. Section 301: Duration of sentences: persons unlawfully at large or on temporary release

             7. Section 302: Remission of certain sentences on passing of custodial sentence etc

             8. Section 303: Power of service policeman to arrest person unlawfully at large

          5. Supplementary

             1. Section 304: Sentences passed by civilian courts

      13. Part 13 – Discipline: Miscellaneous and Supplementary

          1. Chapter 1 – Testing for Alcohol and Drugs

             1. Section 305: Testing for drugs

             2. Section 306: Testing for alcohol and drugs after a serious incident

             3. Section 307: Definitions etc for purposes of section 306

             4. Section 308: Sections 305 and 306: supplementary

          2. Chapter 2 – Contempt of Court

             1. Section 309: Offences of misbehaviour in court etc

             2. Section 310: Power to detain before dealing with section 309 offence

             3. Section 311: Certification to civil courts

             4. Section 311: Decisions of court under section 309: making and effect

          3. Chapter 3 – Arrest and Detention by Civil Authorities

             1. Arrest for service offences

                1. Section 313: Arrest by civilian police under warrant of judge advocate

             2. Arrest etc for desertion or absence without leave

                1. Section 314: Arrest by civilian police of deserters and absentees without leave

                2. Section 315: Deserters and absentees without leave surrendering to civilian police

                3. Section 316: Proceedings before civilian court where person suspected of illegal absence

                4. Section 317: Warrant for the arrest of persons released under section 315(4)(c) or 316(3)(a)(ii)

             3. Arrest of persons unlawfully at large

                1. Section 318: Arrest by civilian police of persons unlawfully at large

             4. Supplementary

                1. Section 319: Certificates in connection with transfer to service custody etc

                2. Section 320: Power to use reasonable force

          4. Chapter 4 – Powers of the Criminal Cases Review Commission

             1. Section 321: Powers of the Criminal Cases Review Commission

          5. Chapter 5 – Supplementary

             1. Financial penalty enforcement orders

                1. Section 322: Financial penalty enforcement orders

             2. Power to make provision in consequence of criminal justice enactments

                1. Section 323: Power to make provision in consequence of criminal justice enactments

                2. Section 324: Section 323: definitions

             3. Other supplementary provisions

                1. Section 325: Evidential burden as respects excuses

                2. Section 326: Exclusion of enactments requiring consent of Attorney General or DPP

                3. Section 327: Local probation boards

6. Expand +/Collapse -

   Second Group of Parts – Miscellaneous Matters

   1. Part 14 – Enlistment, Terms of Service Etc

      1. Enlistment, terms of service etc

         1. Section 328: Enlistment

         2. Section 329: Terms and conditions of enlistment and service

         3. Section 330: Desertion and absence without leave: forfeiture of service etc

         4. Section 331: Discharge etc from the regular forces and transfer to the reserve forces

         5. Section 332: Restriction on administrative reduction in rank or rate

         6. Section 333: Pay, bounty and allowances

      2. Redress of individual grievances

         1. Section 334: Redress of individual grievances: service complaints

         2. Section 335: Service complaints: role of Defence Council and service complaint panels

         3. Section 336: Composition and procedure of service complaint panels

         4. Section 337: Reference of individual grievance to Her Majesty

         5. Section 338:  Referral by Service Complaints Commissioner of certain allegations

         6. Section 339: Reports by Commissioner on system for dealing with service complaints etc

      3. Restriction on aliens

         1. Section 340: Restriction on aliens in regular forces etc

   2. Part 15 – Forfeitures and Deductions

      1. Section 341: Forfeitures and deductions: general provisions

   3. Part 16 – Inquiries

      1. Section 343: Service inquiries

   4. Part 17 – Miscellaneous

      1. Offences relating to service matters punishable by civilian courts

         1. Section 344: Aiding or abetting etc desertion or absence without leave

         2. Section 341: Aiding or abetting etc malingering

         3. Section 346: Obstructing persons subject to service law in course of duty

         4. Section 347: Sections 344 to 346: supplementary provisions

         5. Section 348: British overseas territories: references to maximum penalties

      2. Exemptions for certain civil matters

         1. Section 349: Exemption from tolls and charges

         2. Section 350: Exemption of property used for service purposes from execution

      3. Powers of officers etc

         1. Section 351: Detention etc of persons in overseas service hospitals

         2. Section 352: Power to take affidavits and declarations

      4. Protection of children of service families

         1. Section 353: Protection of children of service families

      5. Miscellaneous

         1. Section 354: Extension of powers of command dependent on rank or rate

         2. Section 355: Service of process

         3. Section 356: Avoidance of assignment of or charge on pay and pensions etc

         4. Section 357: Power of British overseas territory to apply Act, etc

         5. Section 358: Amendments relating to reserve forces

         6. Section 359: Pardons for servicemen executed for disciplinary offences: recognition as victims of First World War

7. Expand +/Collapse -

   Third Group of Parts – General

   1. Part 18 – Commanding Officer and Other Persons With Functions under Act

      1. Officers

         1. Section 360: Meaning of “commanding officer”

         2. Section 361: Meaning of “higher authority”

         3. Section 362: Judge Advocates

      2. Court officials

         1. Section 363: Court administration officer

      3. Service Prosecuting Authority

         1. Section 364: Director of Service Prosecutions

         2. Section 365: Prosecuting officers

         3. Section 366: Service Complaints Commissioner

   2. Part 19 – Supplementary

      1. Chapter 1 – Application  of Act

         1. Persons subject to service law

            1. Section 367: Persons subject to service law: regular and reserve forces

            2. Section 368: References to members of the regular forces

            3. Section 369: Members of British overseas territories’ forces serving with UK forces

         2. Civilians subject to service discipline

            1. Section 370: Civilians subject to service discipline

         3. Naval Chaplains

            1. Section 371: Naval chaplains

      2. Chapter 2 – Other Supplementary Provisions

         1. Section 372: Evidence in proceedings before civilian courts

         2. Section 373: Orders, regulations and rules

      3. Chapter 3 – Interpretation

         1. Section 375: Definitions relating to police forces

         2. Section 376: “Conviction”, “sentence” etc in relation to summary hearings and the SAC

      4. Chapter 4 – Final Provisions

         1. Section 378: Minor and consequential amendments and repeals

         2. Section 379: Power to make further amendments and repeals

         3. Section 380: Power to make transitional and transitory provision

         4. Section 381: Alignment of SDAs etc with this Act

         5. Section 382: Duration of SDAs and this Act

         6. Section 383: Commencement

         7. Section 384: Extent to Channel Islands, Isle of Man and British overseas territories

         8. Section 385: Extent of applied enactments

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   Schedules

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

      1. Part 1 – Offences that may be dealt with without permission

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

   2. Schedule 2 – “Schedule 2 Offences”

   3. Schedule 3 – Civilians Etc: Modifications of Court Martial Sentencing Powers

      1. Part 1 – Civilian offenders

      2. Part 2 – Ex-servicemen etc

   4. Schedule 4 – Unfitness and Insanity: Modifications of Mental Health Act 1983

   5. Schedule 5 – Breach, Revocation and Amendment of Community Punishments

      1. Part 1 – Service community orders

      2. Part 2 – Overseas community orders

   6. Schedule 6 – Overseas Community Orders: Young Offenders

   7. Schedule 7 – Suspended Prison Sentence: Further Conviction Or Breach of Requirement

   8. Schedule 8 – Amendment of the Courts-Martial (Appeals) Act 1968

   9. Schedule 9 – Assessors of Compensation for Miscarriages of Justice

   10. Schedule 10 – Proceedings of the Service Civilian Court

   11. Schedule 11 – Powers of the Criminal Cases Review Commission

   12. Schedule 12 – Detention Etc of Persons in Overseas Service Hospitals

   13. Schedule 13 – Protection of Children of Service Families

   14. Schedule 14 – Amendments Relating to Reserve Forces

   15. Schedule 15 – Civilians Subject to Service Discipline

       1. Part 1 – Civilians subject to service discipline

       2. Part 2 – Exclusion and definitions

   16. Schedule 16 – Minor and Consequential Amendments

   17. Schedule 17 – Repeals and Revocations

9. Commencement Date

10. Hansard References

11. ANNEX A GLOSSARY OF TERMS USED IN THE NOTES

12. ANNEX B TABLE OF COMPARATIVE RANKS