Armed Forces Act 2006 (c. 52)

SCHEDULES

SCHEDULE 16 U.K. Minor and consequential amendments

Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27)) U.K.

84 U.K. In Article 2 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (interpretation), in paragraph (2), in the definition of “service disciplinary proceedings”, after “any of the following—” insert—

“(za) any proceedings (whether or not before a court) in respect of a service offence within the meaning of the Armed Forces Act 2006 (except proceedings before a civilian court within the meaning of that Act);”.

Commencement Information

I1 Sch. 16 para. 84 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 Sch. 16 para. 84 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

85 U.K. In Article 4 of that Order (rehabilitation of persons dealt with in service disciplinary proceedings), after paragraph (1) insert—

“(1A) Section 376(1) to (3) of the Armed Forces Act 2006 (“conviction” and “sentence” in relation to summary hearings and the SAC) apply for the purposes of this Order as they apply for the purposes of that Act.”

Commencement Information

I3 Sch. 16 para. 85 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 Sch. 16 para. 85 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

86 (1) Article 6 of that Order (rehabilitation periods for particular sentences) is amended as follows. U.K.

(2) In paragraph (1)—

(a) in sub-paragraph (c) omit the “and” at the end;

(b) in sub-paragraph (d) omit “or a corresponding court-martial punishment”;

(c) after that sub-paragraph insert—

“(e) a sentence of detention for life, or for a term exceeding thirty months, passed under section 209 of the Armed Forces Act 2006;

(f) a sentence of detention during Her Majesty's pleasure under section 218 of that Act; and

(g) any of the following passed as a result of any of sections 219 to 222 of that Act—

(i) a sentence of imprisonment for public protection under section 225 of the Criminal Justice Act 2003;

(ii) a sentence of detention for public protection under section 226 of that Act;

(iii) an extended sentence under section 227 or 228 of that Act;”.

(3) In paragraph (2)—

(a) in Table A, in the fifth entry for “Any sentence of detention” substitute “ Any sentence of service detention within the meaning of the Armed Forces Act 2006, or any sentence of detention corresponding to such a sentence, ”;

(b) in Table B—

(i) in the fourth entry, after “1998” insert “ or under section 209 of the Armed Forces Act 2006 ”;

(ii) in the fifth entry, after “Article 45” insert “ or that section 209 ”.

(4) After paragraph (4) insert—

“(4A) Where in respect of a conviction an order under section 211 of the Armed Forces Act 2006 (detention and training order) was made, the rehabilitation period applicable to the sentence shall be—

(a) in the case of a person aged 15 or over on conviction, five years if the order was for a term exceeding six months, or three and a half years if it was for six months or less;

(b) in the case of a person aged under 15 on conviction, a period beginning with the date of conviction and ending one year after the date on which the order ceases to have effect.

(4B) Where in respect of a conviction a service community order under the Armed Forces Act 2006 or an overseas community order under that Act was made, the rehabilitation period applicable to the sentence shall be—

(a) in the case of a person aged 18 or over on conviction, 5 years from the date of conviction;

(b) in the case of a person aged under 18 on conviction, two and a half years from the date of conviction or a period beginning with the date of conviction and ending when the order ceases to have effect, whichever is the longer.”

(5) In paragraph (9)—

(a) omit sub-paragraph (a);

(b) in sub-paragraph (c) after “1998” insert “ or section 209 of the Armed Forces Act 2006 ”.

(6) After paragraph (9) insert—

“(9A) In this Article—

(a) references in paragraphs (1) and (2) to section 209 of the Armed Forces Act 2006 include references to section 71A(4) of the Army Act 1955 or Air Force Act 1955 or section 43A(4) of the Naval Discipline Act 1957;

(b) the reference in paragraph (1) to section 218 of the Armed Forces Act 2006 includes a reference to section 71A(3) of the Army Act 1955 or Air Force Act 1955 or section 43A(3) of the Naval Discipline Act 1957.”

Commencement Information

I5 Sch. 16 para. 86 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)

I6 Sch. 16 para. 86 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

87 U.K. In the Schedule to that Order (service disciplinary convictions referred to in Article 7(6)(bb)), after paragraph 6 add—

“Provisions of the Armed Forces Act 2006 U.K.

7 Any service offence within the meaning of the Armed Forces Act 2006 except one punishable in the case of an offender aged 18 or over with imprisonment for more than two years.”

Commencement Information

I7 Sch. 16 para. 87 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)

I8 Sch. 16 para. 87 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4