Armed Forces Act 2006 (c. 52)

SCHEDULES

SCHEDULE 16 U.K. Minor and consequential amendments

Sexual Offences Act 2003 (c. 42) U.K.

206 U.K. In section 81(3)(b) of the Sexual Offences Act 2003 (persons formerly subject to Part 1 of Sex Offenders Act 1997), omit “or a term of service detention”.

Commencement Information

I1 Sch. 16 para. 206 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. 206 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

207 U.K. In section 116 of that Act (qualifying offenders for purposes of section 114)—

(a) in subsection (2)(c), after “93” insert “ or 93A ”;

(b) after subsection (2) insert—

“(2A) In subsection (2)(c) references to the corresponding civil offence are to be read, in relation to an offence within paragraph 93A of Schedule 3, as references to the corresponding offence under the law of England and Wales.”

Commencement Information

I3 Sch. 16 para. 207 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. 207 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

208 (1) Section 131 of that Act (young offenders: application) is amended as follows. U.K.

(2) In paragraph (a) after “detention and training order” insert “ (including an order under section 211 of the Armed Forces Act 2006) ”.

(3) In paragraph (h) after “2000 (c. 6),” insert “ section 209 or 218 of the Armed Forces Act 2006, ”.

(4) In paragraph (k) after “2003” insert “ (including one passed as a result of section 221 of the Armed Forces Act 2006) ”.

(5) In paragraph (l) for “that Act” substitute “ the Criminal Justice Act 2003 (including one passed as a result of section 222 of the Armed Forces Act 2006) ”.

Commencement Information

I5 Sch. 16 para. 208 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. 208 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

209 (1) Section 133 (Part 2: general interpretation) is amended as follows. U.K.

(2) In subsection (1)—

(a) for the definition of “order for conditional discharge” substitute—

““order for conditional discharge” means an order under any of the following provisions discharging the offender conditionally—

(a) section 12 of the Powers of Criminal Courts (Sentencing) Act 2000;

(b) Article 4 of the Criminal Justice (Northern Ireland) Order 1996;

(c) section 185 of the Armed Forces Act 2006;

(d) paragraph 3 of Schedule 5A to the Army Act 1955 or Air Force Act 1955 or Schedule 4A to the Naval Discipline Act 1957;”;

(b) in the definition of “the period of conditional discharge” for paragraphs (c) to (e) substitute—

“(c) section 185(2) of the Armed Forces Act 2006;”;

(c) after the definition of “risk of sexual harm order” insert—

““service detention” has the meaning given by section 374 of the Armed Forces Act 2006;”;

(d) omit the definition of “term of service detention”.

(3) In subsection (1A) after paragraph (b) insert—

“(ba) Schedule 4 to the Armed Forces Act 2006 (including as applied by section 16(2) of the Court Martial Appeals Act 1968),”.

Commencement Information

I7 Sch. 16 para. 209 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. 209 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

210 U.K. In section 134(1) of that Act (conditional discharges and probation orders), after paragraph (c) insert—

“(ca) section 187(1) of the Armed Forces Act 2006 (conviction with absolute or conditional discharge deemed not to be a conviction);”.

Commencement Information

I9 Sch. 16 para. 210 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)

I10 Sch. 16 para. 210 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

211 (1) Section 137 of that Act (service courts) is amended as follows. U.K.

(2) In subsection (1)(d), for the words from “the offence under section 70” to the end substitute “ an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is that offence. ”

(3) In subsection (4) for “a court-martial or Standing Civilian Court” substitute “ the Court Martial or the Service Civilian Court ”.

(4) After that subsection add—

“(5) In subsection (1)(a) the reference to a service court includes a reference to the following—

(a) the Court Martial Appeal Court;

(b) the Supreme Court on an appeal brought from the Court Martial Appeal Court;

(c) a court-martial;

(d) a Standing Civilian Court.”

Commencement Information

I11 Sch. 16 para. 211 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)

I12 Sch. 16 para. 211 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

212 (1) Schedule 3 to that Act (sexual offences for purposes of Part 2) is amended as follows. U.K.

(2) In paragraph 93—

(a) in sub-paragraph (2) omit “service”;

(b) after that sub-paragraph add—

“(3) In sub-paragraph (2), the reference to detention is to detention awarded under section 71(1)(e) of the Army Act 1955 or Air Force Act 1955 or section 43(1)(e) of the Naval Discipline Act 1957.”

(3) After that paragraph insert—

“93A (1) An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence listed in any of paragraphs 1 to 35.

(2) A reference in any of those paragraphs to being made the subject of a community sentence of at least 12 months is to be read, in relation to an offence under that section, as a reference to—

(a) being made the subject of a service community order or overseas community order under the Armed Forces Act 2006 of at least 12 months; or

(b) being sentenced to a term of service detention of at least 112 days.

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

Commencement Information

I13 Sch. 16 para. 212 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)

I14 Sch. 16 para. 212 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

213 U.K. In Schedule 5 to that Act (other offences for purposes of Part 2), after paragraph 172 insert—

“172A (1) An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence listed in any of paragraphs 1 to 63A.

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

Commencement Information

I15 Sch. 16 para. 213 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)

I16 Sch. 16 para. 213 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4