Armed Forces Act 2006

Criminal Justice and Court Services Act 2000 (c. 43) U.K.

177 U.K. In section 1 of the Criminal Justice and Court Services Act 2000 (purposes of Chapter 1 of Part 1 (national probation service)), in subsection (2)(a) after “2003)” insert “ and service community orders and overseas community orders under the Armed Forces Act 2006 ”.

Commencement Information

I1 Sch. 16 para. 177 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)

178 U.K. [F1 After section 5 of that Act insert—

5A “Local probation boards and service justice

(1) A local probation board may, in pursuance of arrangements made with the Secretary of State, carry out activities anywhere in the world in relation to persons who are or have been subject to proceedings before service courts.

(2) Any activities carried out in relation to such persons must correspond to activities which the board is required or authorised to carry out in relation to persons who have been charged with or convicted of criminal offences.

(3) In this section “service court” means—

(a) a court-martial constituted under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53);

(b) a summary appeal court constituted under section 83ZA of the Army Act 1955, section 83ZA of the Air Force Act 1955 or section 52FF of the Naval Discipline Act 1957; or

(c) a Standing Civilian Court.”]

Textual Amendments

F1 Sch. 16 para. 178 repealed (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

179 (1) Section 27 of that Act (armed forces offences equivalent to “an offence against a child”) is amended as follows. U.K.

(2) In subsection (2) for “an armed forces offence” substitute “ an offence under section 42 of the Armed Forces Act 2006 ”.

(3) For subsections (3) to (5) substitute—

“(3) Section 48 of the Armed Forces Act 2006 (attempts, conspiracy, incitement and aiding and abetting outside England and Wales) applies for the purposes of subsection (2) of this section as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to subsection (2) of this section.”

Commencement Information

I2 Sch. 16 para. 179 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)

180 (1) Section 30 of that Act (disqualification from working with children: supplemental) is amended as follows. U.K.

(2) In subsection (1)—

(a) in the definition of “guardianship order”, omit the words from “the Army” to “1957 or”;

(b) in the definition of “qualifying sentence”—

(i) in paragraph (d) after “2000” insert “ or section 209 of the Armed Forces Act 2006 ”;

(ii) in paragraph (e) after “or more” insert “ under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 211 of the Armed Forces Act 2006 ”;

(iii) omit paragraph (f);

(c) in the definition of “relevant order”, for “a court-martial or the Courts-Martial Appeal Court” substitute “ the Court Martial or the Court Martial Appeal Court ”;

(d) in the definition of “superior court”, for “a court-martial or the Courts-Martial Appeal Court” substitute “ the Court Martial or the Court Martial Appeal Court ”.

(3) Omit subsection (2).

(4) In subsection (3), omit “, or to a sentence of detention imposed by a court-martial or the Courts-Martial Appeal Court,”.

Commencement Information

I3 Sch. 16 para. 180 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)

181 U.K. In section 31(2) of that Act (appeals) for “a court-martial”, in both places, substitute “ the Court Martial ”.

Commencement Information

I4 Sch. 16 para. 181 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)

182 U.K. In section 33 of that Act (provisions relating to application for review of disqualification)—

(a) in subsection (7), in the definition of “order for admission to hospital”, omit paragraph (a);

(b) in subsection (8)(a), for “(f)” substitute “ (e) ”.

Commencement Information

I5 Sch. 16 para. 182 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)

183 U.K. In section 42 of that Act (interpretation of Part 2 (protection of children)) omit—

(a) in subsection (1), the definition of “armed forces offence”;

(b) subsection (2).

Commencement Information

I6 Sch. 16 para. 183 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)

184 U.K. In section 62(5) of that Act (meaning of “sentence of imprisonment” for purposes of section 62)—

(a) in paragraph (f) at the end insert “ (including one passed as a result of section 221 or 222 of the Armed Forces Act 2006) ”;

(b) after that paragraph insert—

“(g) a sentence of detention under section 209 or 218 of the Armed Forces Act 2006, and

(h) an order under section 211 of that Act,”.

Commencement Information

I7 Sch. 16 para. 184 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)

185 U.K. In section 64(5) of that Act (meaning of “sentence of imprisonment” for purposes of section 64)—

(a) in paragraph (f) at the end insert “ (including one passed as a result of section 221 or 222 of the Armed Forces Act 2006) ”;

(b) after that paragraph insert—

“(g) a sentence of detention under section 209 or 218 of the Armed Forces Act 2006, and

(h) an order under section 211 of that Act,”.

Commencement Information

I8 Sch. 16 para. 185 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)

186 U.K. In section 81(2) of that Act (extent)—

(a) in paragraph (a) for “courts-martial or the Courts-Martial Appeal Court” substitute “ the Court Martial or the Court Martial Appeal Court ”;

(b) omit paragraph (h).

Commencement Information

I9 Sch. 16 para. 186 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)