Armed Forces Act 2006

Chapter 3 U.K. Punishments Available to Court Martial

164 Punishments available to Court Martial U.K.

(1) The second column of the following Table lists the punishments that may be awarded by sentence of the Court Martial, subject in the case of each punishment to any limitation shown in the third column opposite it.

TABLE

Row Number	Punishment	Limitation
1	imprisonment
2	dismissal with disgrace from Her Majesty's service
3	dismissal from Her Majesty's service
4	detention for a term not exceeding two years	not if the person being sentenced is an officer
5	forfeiture of a specified term of seniority or of all seniority	only if the person being sentenced is an officer
6	reduction in rank, or disrating	only if the person being sentenced is a warrant officer or non-commissioned officer, and not to an extent prohibited by regulations under subsection (4)
7	a fine
8	a service community order (defined by section 178)	only if the person being sentenced is on the same occasion sentenced to dismissal or dismissal with disgrace and subsection (5) permits
9	a severe reprimand or a reprimand	only if the person being sentenced is an officer, warrant officer or non-commissioned officer
10	a service supervision and punishment order (defined by section 173)	only if the person being sentenced is an able rate, marine, soldier or airman
11	such minor punishments as may from time to time be authorised by regulations made by the Defence Council
12	a service compensation order (defined by section 175)

(2) Where this Act provides that a person guilty of a particular offence is liable to any punishment mentioned in the Table or in specified rows of the Table, it means he is liable to any one or more of the punishments so mentioned (subject in the case of each one to any limitation shown in the third column opposite it).

(3) The previous provisions of this section are subject to (in particular)—

• section 165 (offender elected Court Martial trial);

• Chapters 4 to 6 of Part 8 (imprisonment for under 12 months, young offenders' custodial sentences, and mandatory etc sentences for serious offences); and

• Part 9 (general provisions about sentencing).

(4) The Defence Council may by regulations restrict the extent to which persons of a description specified in the regulations may be reduced in rank or disrated under this section.

(5) The court may not make a service community order unless—

(a) the offender is aged 18 or over when convicted; and

(b) it appears to the court that he will reside in the United Kingdom when the order is in force.

(6) Where regulations under row 11 of the Table authorise a minor punishment, they may—

(a) confer on the Court Martial a power, when awarding the punishment, to direct that the punishment shall take effect from a date after the date of the award;

(b) confer on the offender's commanding officer the function of deciding the details of the punishment;

(c) provide for the delegation by the commanding officer of any of his functions under the regulations.

(7) This section is modified in relation to certain offenders by Schedule 3 (civilians etc).

Modifications etc. (not altering text)

C1 S. 164(2) applied by 1996 c. 14, s. 127(4) (as added (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 14 para. 53(3) (with s. 385); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4)

C2 S. 164(2) applied by 1991 c. 62, s. 23(1A) (as inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 13 para. 9(3) (with s. 385); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4)

C3 S. 164(3) applied by 1991 c. 62, s. 23(1A) (as inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 13 para. 9(3) (with s. 385); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4)

C4 S. 164(3) applied by 1996 c. 14, s. 127(4) (as added (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 14 para. 53(3) (with s. 385); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4)

Commencement Information

I1 S. 164 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. 164 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

165 Sentencing powers of Court Martial where election for trial by that court instead of CO U.K.

(1) For the purposes of this section, an offence of which a person is convicted or acquitted is “relevant” if—

(a) the charge in respect of the offence is one as regards which the person elected Court Martial trial under section 129 (whether or not the charge was amended after election);

(b) the charge in respect of the offence was—

(i) brought under section 125 in addition to a charge as regards which the person so elected; or

(ii) substituted for a charge as regards which the person so elected, or for a charge within sub-paragraph (i), or for a charge so substituted; or

(c) the person elected Court Martial trial as regards a charge in respect of another offence and conditions prescribed by Court Martial rules are met.

(2) Where—

(a) the Court Martial convicts a person of an offence which is relevant by virtue of subsection (1)(a), and

(b) subsection (4) (multiple relevant offences) does not apply,

the sentence passed in respect of the offence must be such that the commanding officer could have awarded the punishments awarded by that sentence if he had heard the charge summarily and had recorded a finding that the charge had been proved.

(3) In subsection (2) “the commanding officer” means the commanding officer who would have heard the charge if no election under section 129 had been made.

(4) This subsection applies where the court convicts a person of two or more relevant offences the charges in respect of which—

(a) would have been heard summarily together if no election under section 129 had been made; or

(b) are under Court Martial rules to be treated as if they would have been so heard.

(5) Court Martial rules may make provision about the sentencing powers available to the Court Martial—

(a) where subsection (4) applies;

(b) where the court convicts a person of an offence which is relevant by virtue of subsection (1)(b) or (c).

(6) Court Martial rules may make provision—

(a) about the sentencing principles that the Court Martial is to apply in relation to—

(i) the sentencing of an offender for one or more relevant offences; or

(ii) the sentencing of an offender for an offence with which a relevant offence is associated;

(b) restricting the orders that the court may make by virtue of a conviction or acquittal of a relevant offence, including provision—

(i) preventing the court from making an order of a particular kind;

(ii) restricting the provision that may be made by an order of a particular kind;

(c) in relation to any case where a person is convicted of a relevant offence,—

(i) as respects appeals;

(ii) excluding or restricting powers relating to review of sentence.

(7) Rules made by virtue of this section may modify or exclude—

(a) any provision of or made under this Act (including section 255);

(b) any provision of the Court Martial Appeals Act 1968.

Modifications etc. (not altering text)

C5 S. 165(2) excluded (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, Sch. 2 para. 29(1)

C6 S. 165(4) excluded (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, Sch. 2 para. 31(1)

Commencement Information

I3 S. 165 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)

I4 S. 165 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4