Search Legislation

Armed Forces Act 2006

Changes to legislation:

Armed Forces Act 2006 is up to date with all changes known to be in force on or before 08 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to :

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

SCHEDULES

Sections 53, 54

SCHEDULE 1U.K.Criminal conduct offences that may be dealt with at a summary hearing

Part 1U.K.Offences that may be dealt with without permission

1U.K.An offence under section 1 of the Theft Act 1968 (c. 60) (theft).

Commencement Information

I1Sch. 1 para. 1 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)

I2Sch. 1 para. 1 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

2U.K.An offence under section 12 of that Act (taking vehicle etc without consent).

Commencement Information

I3Sch. 1 para. 2 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)

I4Sch. 1 para. 2 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

3U.K.An offence under section 5(2) of the Misuse of Drugs Act 1971 (c. 38) (possession of controlled drug).

Commencement Information

I5Sch. 1 para. 3 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)

I6Sch. 1 para. 3 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

4U.K.An offence under section 1(1) of the Criminal Damage Act 1971 (c. 48) (criminal damage).

Commencement Information

I7Sch. 1 para. 4 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)

I8Sch. 1 para. 4 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

5U.K.An offence under section 3 of the Theft Act 1978 (c. 31) (making off without payment) where the payment required or expected did not exceed £100.

Commencement Information

I9Sch. 1 para. 5 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)

I10Sch. 1 para. 5 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

6U.K.An offence under section 9 of the Criminal Attempts Act 1981 (c. 47) (interference with vehicles).

Commencement Information

I11Sch. 1 para. 6 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)

I12Sch. 1 para. 6 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

7U.K.An offence under section 39 of the Criminal Justice Act 1988 (c. 33) (assault and battery).

Commencement Information

I13Sch. 1 para. 7 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)

I14Sch. 1 para. 7 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

8U.K.An offence under section 3 of the Road Traffic Act 1988 (c. 52) (careless driving etc).

Commencement Information

I15Sch. 1 para. 8 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)

I16Sch. 1 para. 8 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

9U.K.An offence under section 5 of that Act (driving a vehicle where driver has consumed excessive amount of alcohol etc).

Commencement Information

I17Sch. 1 para. 9 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)

I18Sch. 1 para. 9 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

[F19AU.K.An offence under section 5A of that Act (driving a vehicle with concentration of specified controlled drug above specified limit).]

Textual Amendments

F1Sch. 1 para. 9A inserted (2.3.2015 for E.W., 1.3.2018 for S., 1.3.2018 for N.I.) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 22 para. 17; S.I. 2014/3268, art. 2; S.I. 2018/161, art. 2; S.I. 2018/162, art. 2

10U.K.An offence under section 25 of that Act (tampering with vehicles etc) where the vehicle was on a road.

Commencement Information

I19Sch. 1 para. 10 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)

I20Sch. 1 para. 10 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

11U.K.An offence under section 28 of that Act (dangerous cycling).

Commencement Information

I21Sch. 1 para. 11 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)

I22Sch. 1 para. 11 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

12U.K.An offence under section 29 of that Act (careless cycling etc).

Commencement Information

I23Sch. 1 para. 12 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)

I24Sch. 1 para. 12 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Part 2U.K.Offences that may be dealt with only with permission

13U.K.An offence under section 47 of the Offences against the Person Act 1861 (c. 100) (assault occasioning actual bodily harm).

Commencement Information

I25Sch. 1 para. 13 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)

I26Sch. 1 para. 13 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

14U.K.An offence under section 1 of the Prevention of Crime Act 1953 (c. 14) (possession in public place of offensive weapon).

Commencement Information

I27Sch. 1 para. 14 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)

I28Sch. 1 para. 14 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

[F214AU.K.An offence under section 1(1A) of the Restriction of Offensive Weapons Act 1959 (possession of flick knife, flick gun or gravity knife).]

Textual Amendments

F2Sch. 1 para. 14A inserted (6.4.2022) by Offensive Weapons Act 2019 (c. 17), ss. 67(2), 70(1); S.I. 2022/418, reg. 2(e)

15U.K.An offence under section 13 of the Theft Act 1968 (c. 60) (abstracting of electricity).

Commencement Information

I29Sch. 1 para. 15 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)

I30Sch. 1 para. 15 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

16U.K.An offence under section 139 of the Criminal Justice Act 1988 (c. 33) (possession in public place of point or blade).

Commencement Information

I31Sch. 1 para. 16 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)

I32Sch. 1 para. 16 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

[F316AU.K.An offence under section 141(1A) of the Criminal Justice Act 1988 (possession of certain offensive weapons).]

17U.K.An offence under section 125 of the Communications Act 2003 (c. 21) (dishonestly obtaining electronic communications services).

Commencement Information

I33Sch. 1 para. 17 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)

I34Sch. 1 para. 17 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

18U.K.An offence under section 126 of that Act (possession or supply of apparatus etc for contravening s.125 of that Act).

Commencement Information

I35Sch. 1 para. 18 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)

I36Sch. 1 para. 18 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

19U.K.An offence under section 1 of the Fraud Act 2006 (fraud).

Commencement Information

I37Sch. 1 para. 19 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)

I38Sch. 1 para. 19 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

20U.K.An offence under section 11 of that Act (dishonestly obtaining services).

Commencement Information

I39Sch. 1 para. 20 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)

I40Sch. 1 para. 20 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

[F421U.K.An offence under section 1(1) of the Offensive Weapons Act 2019 (sale of corrosive product to person under 18).]

[F422U.K.An offence under section 3(2) or (3) of the Offensive Weapons Act 2019 (delivery of corrosive product to residential premises or locker).]

[F423U.K.An offence under section 6(1) of the Offensive Weapons Act 2019 (possession of a corrosive substance in a public place).]

[F424U.K.An offence under section 38(2) or (3) of the Offensive Weapons Act 2019 (delivery of bladed product to residential premises or locker).]

[F5Section 113]

F5SCHEDULE 2U.K.“Schedule 2 offences”

Textual Amendments

F5 Sch. 2 shoulder reference substituted (22.5.2019 for specified purposes, 1.7.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 3(8), 19(1); S.I. 2019/961, reg. 2(1)(a)(b) (with reg. 3)

1U.K.An offence under section 1 (assisting an enemy).

Commencement Information

I41Sch. 2 para. 1 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)

I42Sch. 2 para. 1 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

2U.K.An offence under section 2(1) (misconduct on operations).

Commencement Information

I43Sch. 2 para. 2 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)

I44Sch. 2 para. 2 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

3U.K.An offence under section 3 (obstructing operations) which relates to an action or operation against an enemy.

Commencement Information

I45Sch. 2 para. 3 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)

I46Sch. 2 para. 3 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

4U.K.An offence under section 4(1) or (2) (looting).

Commencement Information

I47Sch. 2 para. 4 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)

I48Sch. 2 para. 4 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

5U.K.An offence under section 6 (mutiny).

Commencement Information

I49Sch. 2 para. 5 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)

I50Sch. 2 para. 5 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

6U.K.An offence under section 7 (failure to suppress mutiny).

Commencement Information

I51Sch. 2 para. 6 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)

I52Sch. 2 para. 6 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

7U.K.An offence under section 8 (desertion) where the accused intended to avoid a period of active service (within the meaning of that section).

Commencement Information

I53Sch. 2 para. 7 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)

I54Sch. 2 para. 7 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

8U.K.An offence under section 31(1) (hazarding of ship).

Commencement Information

I55Sch. 2 para. 8 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)

I56Sch. 2 para. 8 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

9U.K.An offence under section 33(1) (dangerous flying etc).

Commencement Information

I57Sch. 2 para. 9 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)

I58Sch. 2 para. 9 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

10U.K.An offence under section 39 of attempting to commit an offence within any of paragraphs 1 to 9.

Commencement Information

I59Sch. 2 para. 10 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)

I60Sch. 2 para. 10 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

11U.K.An offence under section 40 of [F6encouraging or assisting the commission of] an offence within any of paragraphs 1 to 9.

Textual Amendments

F6Words in Sch. 2 para. 11 substituted (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 5 para. 13(a) (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)

Commencement Information

I61Sch. 2 para. 11 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)

I62Sch. 2 para. 11 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

12U.K.An offence under section 42 (criminal conduct) as respects which the corresponding offence under the law of England and Wales is—

(a)murder;

(b)manslaughter;

(c)kidnapping;

(d)high treason;

(e)piracy;

(f)cheating the public revenue;

(g)an offence under section 2 of the Treason Act 1842 (c. 51) (attempt to injure or alarm the Sovereign);

(h)an offence under section 3 of the Treason Felony Act 1848 (c. 12) (compassing the deposition of the Sovereign etc);

(i)an offence under section 4, 18, 22, 23, 28 or 29 of the Offences against the Person Act 1861 (c. 100) (soliciting murder, wounding with intent, using chloroform etc to commit indictable offence, administering poison, causing injury by explosives, using explosives etc with intent);

(j)an offence under section 20 of that Act of inflicting grievous bodily harm;

(k)an offence under section 2 or 3 of the Explosive Substances Act 1883 (c. 3) (causing explosion likely to endanger life or property etc);

F7(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(m). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(n)an offence under section 1 or 2 of the Perjury Act 1911 (c. 6) (perjury or false statements on oath);

(o)an offence under section 1 or 7 of the Official Secrets Act 1911 (c. 28) (spying or harbouring spies);

(p)an offence under section 1 of the Infant Life (Preservation) Act 1929 (c. 34) (child destruction);

(q)an offence under section 1 of the Children and Young Persons Act 1933 (c. 12) (cruelty to children);

(r)an offence under section 1 of the Infanticide Act 1938 (c. 36) (infanticide);

[F8(ra)an offence under section 1A of the Prevention of Crime Act 1953 (threatening with offensive weapon in public);]

(s)an offence under section 33 or 33A of the Sexual Offences Act 1956 (c. 69) (keeping a brothel etc);

(t)an offence under section 1 of the Geneva Conventions Act 1957 (c. 52) (grave breaches of conventions);

(u)an offence under section 2 of the Suicide Act 1961 (c. 60) (assisting suicide etc);

(v)an offence under section 5, 16, 16A, 17, 18 or 20 of the Firearms Act 1968 (c. 27) (unlawful possession or use of firearm etc);

(w)an offence under section 8, 10 or 21 of the Theft Act 1968 (c. 60) (robbery, aggravated burglary, blackmail);

(x)an offence under section 12A of that Act (aggravated vehicle taking) involving an accident which caused the death of any person;

(y)an offence under section 4, 5(3) or 8 of the Misuse of Drugs Act 1971 (c. 38) (production and supply of controlled drugs, possession of such drugs with intent to supply, permitting production of such drugs);

(z)an offence under section 1(2) of the Criminal Damage Act 1971 (c. 48) (destroying or damaging property with intent to endanger life);

(aa)an offence under section 1 of the Biological Weapons Act 1974 (c. 6) (developing biological agents etc);

(ab)an offence under section 51 of the Criminal Law Act 1977 (c. 45) (bomb hoaxes);

(ac)an offence under section 1 of the Protection of Children Act 1978 (c. 37) (indecent photographs of children);

(ad)an offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (fraudulent evasion of duty etc);

(ae)an offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking);

(af)an offence under any of sections 1 to 4 of the Aviation Security Act 1982 (c. 36) (hijacking, destroying, damaging or endangering safety of aircraft etc);

(ag)an offence under section 1 or 2 of the Child Abduction Act 1984 (c. 37) (abduction of child);

(ah)an offence under any of sections 1 [F9, 18 to 23 and 29B to 29G] of the Public Order Act 1986 (c. 64) (riot, stirring up [F10hatred by reference to race], possession of inflammatory material);

(ai)an offence under section 134 [F11, 139AA] or 160 of the Criminal Justice Act 1988 (c. 33) (torture, [F12threatening with article with blade or point or offensive weapon,] possession of indecent photograph of child);

(aj)an offence under section 1, [F131A,] [F142C,] 3A or 22A of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving, [F15causing serious injury by dangerous driving,] [F16causing serious injury by careless, or inconsiderate, driving,] causing death by careless driving when under the influence of drink or drugs, causing danger to road-users);

(ak)an offence under any of sections 1 to 6 or 8(6) of the Official Secrets Act 1989 (c. 6) (disclosure of information relating to security, intelligence, defence, international relations etc);

[F17(aka)an offence under section 3ZA of the Computer Misuse Act 1990 (unauthorised acts causing, or creating risk of, serious damage);]

(al)an offence under any of sections 1 or 9 to 13 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes, offences against the safety of ships and fixed platforms);

(am)an offence under section 72 of the Value Added Tax Act 1994 (c. 23) (evasion of VAT);

(an)an offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system);

(ao)an offence under section 2 of the Chemical Weapons Act 1996 (c. 6) (use etc of chemical weapons);

(ap)an offence under section 11, 12, 15, 16, 17, 18, 38B, 39, 54, 56, 57 or 58 of the Terrorism Act 2000 (c. 11);

(aq)an offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity, war crimes etc);

(ar)an offence under section 47, 79, 80, 113 or 114 of the Anti-terrorism, Crime and Security Act 2001 (c. 24);

(as)an offence under section 1 of the Dealing in Cultural Objects (Offences) Act 2003 (c. 27) (dealing in tainted cultural objects);

(at)any offence under Part 1 of the Sexual Offences Act 2003 (c. 42) except one under section F18... 71;

(au)an offence under any of sections 1, 2, 5, 6 or 8 to 11 of the Terrorism Act 2006.

[F19(av)an offence under section 62(1) of the Coroners and Justice Act 2009 (possession of prohibited images of children).]

[F20(aw)an offence under section 1, 2 or 6 of the Bribery Act 2010.]

[F21(ax)an offence under section 69 of the Serious Crime Act 2015 (possession of paedophile manual).]

[F22(ay)an offence under section 1 or 2 of the Modern Slavery Act 2015 (slavery, servitude and forced or compulsory labour and human trafficking).]

[F23(az)an offence under any of paragraphs 1 to 5 of Schedule 4 to the Space Industry Act 2018 (hijacking, destroying, damaging or endangering safety of spacecraft etc).]

[F24(az1)an offence under section 1, 2, 3, 4, 12 or 18 of the National Security Act 2023.]

[F25(ba)an offence under section 184 of the Online Safety Act 2023 (encouraging or assisting serious self-harm).]

Textual Amendments

F7Sch. 2 para. 12(l)(m) repealed (1.7.2011) by Bribery Act 2010 (c. 23), s. 19(1), Sch. 2 (with ss. 16, 18(3), 19(5)); S.I. 2011/1418, art. 2

F18Words in Sch. 2 para. 12(at) omitted (1.3.2018) by virtue of The Armed Forces Act 2006 (Amendment of Schedule 2) Order 2018 (S.I. 2018/149), arts. 1, 2(2)

F20Sch. 2 para. 12(aw) inserted (1.7.2011) by Bribery Act 2010 (c. 23), s. 19(1), Sch. 1 para. 11 (with ss. 16, 18(3), 19(5)); S.I. 2011/1418, art. 2

Commencement Information

I63Sch. 2 para. 12 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)

I64Sch. 2 para. 12 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

13U.K.An offence under section 42 as respects which the corresponding offence under the law of England and Wales is—

(a)an offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit an offence within a sub-paragraph of paragraph 12;

(b)an offence under section 1 of the Criminal Law Act 1977 (c. 45) of conspiracy to commit such an offence;

(c)an offence [F26under Part 2 of the Serious Crime Act 2007 of encouraging or assisting the commission of] such an offence.

Textual Amendments

F26Words in Sch. 2 para. 13 substituted (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 5 para. 13(b) (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)

Commencement Information

I65Sch. 2 para. 13 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)

I66Sch. 2 para. 13 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

[F2714U.K.An offence under paragraph 4 of Schedule 2A (lay member of the Court Martial engaging in prohibited conduct).]

Textual Amendments

[F2715U.K.An offence under paragraph 5 of Schedule 2A (disclosing information about the deliberations of members of the Court Martial) committed by a person described in sub-paragraph (2) of that paragraph.]

Textual Amendments

Section 163A

[F28SCHEDULE 2AU.K.Offences relating to members of the Court Martial

InterpretationU.K.

1(1)In this Schedule, “lay member” means a member of the Court Martial other than a judge advocate.U.K.

(2)References in this Schedule to a member, or lay member, of the Court Martial are to any member, or lay member, whether or not the person is a person subject to service law or a civilian subject to service discipline.

(3)In this Schedule, “the trial period”, in relation to a person specified as a lay member of the Court Martial for proceedings, is the period—

(a)beginning when the person is sworn to try the case, and

(b)ending when the proceedings terminate or, if earlier, when the lay member is discharged by the judge advocate.

Research by lay membersU.K.

2(1)It is an offence for a lay member of the Court Martial for proceedings to research the case that is the subject of the proceedings during the trial period, subject to the exceptions in sub-paragraphs (5) and (6).U.K.

(2)A person researches a case if (and only if) the person—

(a)intentionally seeks information, and

(b)when doing so, knows or ought reasonably to know that the information is or may be relevant to the case.

(3)The ways in which a person may seek information include—

(a)asking a question,

(b)searching an electronic database, including by means of the internet,

(c)visiting or inspecting a place or object,

(d)conducting an experiment, and

(e)asking another person to seek the information.

(4)Information relevant to the case includes information about—

(a)a person involved in events relevant to the case,

(b)the judge advocate for the proceedings,

(c)any other person involved in the trial, whether as a lawyer, a witness or otherwise,

(d)the law relating to the case,

(e)the law of evidence, and

(f)Court Martial procedure.

(5)It is not an offence under this paragraph for a person to seek information if the person needs the information for a reason which is not connected with the case.

(6)It is not an offence under this paragraph for a person—

(a)to attend the proceedings in question;

(b)to seek information from the judge advocate for the proceedings;

(c)to seek information from the court administration officer or from a member of the Military Court Service;

(d)to do anything which the Judge Advocate General directs or authorises the person to do;

(e)to do anything which the judge advocate dealing with the issue directs or authorises the person to do;

(f)to seek information from another lay member of the Court Martial for the proceedings, unless the person knows or ought reasonably to know that the other lay member contravened this paragraph in the process of obtaining the information;

(g)to do anything else which is reasonably necessary in order for the Court Martial to make a finding on a charge or pass a sentence.

(7)A person guilty of an offence under this paragraph is liable to any punishment mentioned in the Table in section 164, but a sentence of imprisonment imposed in respect of the offence must not exceed two years.

Sharing research with other lay membersU.K.

3(1)It is an offence for a lay member of the Court Martial for proceedings intentionally to disclose information to another lay member of that court for the proceedings during the trial period if—U.K.

(a)the lay member contravened paragraph 2 in the process of obtaining the information, and

(b)the information has not been provided to the Court Martial during the course of the proceedings.

(2)Information has been provided to the Court Martial during the course of the proceedings if (and only if) it has been provided as part of—

(a)evidence presented in the proceedings,

(b)information provided to a lay member or the lay members during the trial period by the court administration officer or a member of the Military Court Service, or

(c)other information provided to a lay member or the lay members during the trial period by, or with the permission of, the judge advocate dealing with the issue.

(3)A person guilty of an offence under this paragraph is liable to any punishment mentioned in the Table in section 164, but a sentence of imprisonment imposed in respect of the offence must not exceed two years.

Engaging in other prohibited conductU.K.

4(1)It is an offence for a lay member of the Court Martial for proceedings intentionally to engage in prohibited conduct during the trial period, subject to the exceptions in sub-paragraphs (4) and (5).U.K.

(2)Prohibited conduct” means conduct from which it may reasonably be concluded that the person intends to make a finding on a charge or a decision about a sentence otherwise than on the basis of the evidence presented in the proceedings.

(3)An offence under this paragraph is committed whether or not the person knows that the conduct is prohibited conduct.

(4)It is not an offence under this paragraph for a person to research the case that is the subject of the proceedings (as defined in paragraph 2(2) to (4)).

(5)It is not an offence under this paragraph for a person to disclose information to another lay member of the Court Martial.

(6)A person guilty of an offence under this paragraph is liable to any punishment mentioned in the Table in section 164, but a sentence of imprisonment imposed in respect of the offence must not exceed two years.

Disclosing information about members' deliberations etcU.K.

5(1)It is an offence for a person intentionally—U.K.

(a)to disclose information about statements made, opinions expressed, arguments advanced or votes cast by members of the Court Martial for proceedings in the course of their deliberations, or

(b)to solicit or obtain such information,

subject to the exceptions in paragraphs 6 to 8.

(2)Where a person guilty of an offence under this paragraph—

(a)was a member of the Court Martial for the proceedings, or

(b)at the time the offence was committed, was a person subject to service law or a civilian subject to service discipline,

the person is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.

(3)Where any other person is guilty of an offence under this paragraph—

(a)the person is liable, on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both), and

(b)proceedings for the offence may not be instituted except by or with the consent of the Attorney General.

(4)The Crown Court has jurisdiction to try an offence under this paragraph committed in England and Wales other than by a person described in sub-paragraph (2), including an offence committed in respect of deliberations of members of the Court Martial sitting outside England and Wales.

Disclosing information about members' deliberations etc: initial exceptionsU.K.

6(1)It is not an offence under paragraph 5 for a person to disclose information in the proceedings mentioned in paragraph 5(1)—U.K.

(a)for the purposes of enabling the Court Martial to make a finding on a charge or pass a sentence, or

(b)in connection with the delivery of the findings or sentence.

(2)It is not an offence under paragraph 5 for the judge advocate for those proceedings to disclose information—

(a)for the purposes of dealing with the proceedings, or

(b)for the purposes of an investigation by a relevant investigator into whether an offence or contempt of court has been committed by or in relation to a lay member in the proceedings mentioned in paragraph 5(1).

(3)It is not an offence under paragraph 5 for a person who reasonably believes that a disclosure described in sub-paragraph (2)(b) has been made to disclose information for the purposes of the investigation.

(4)It is not an offence under paragraph 5 to publish information disclosed as described in sub-paragraph (1) or (2)(a) in the proceedings mentioned in paragraph 5(1).

(5)In this paragraph—

  • publish” means make available to the public or a section of the public;

  • relevant investigator” means—

    (a)

    a police force listed in section 375;

    (b)

    the Attorney General;

    (c)

    any other person or class of person specified by the Lord Chancellor for the purposes of this paragraph by regulations.

(6)The Lord Chancellor must obtain the consent of the Lord Chief Justice of England and Wales before making regulations under this paragraph.

Disclosing information about members' deliberations etc: further exceptionsU.K.

7(1)It is not an offence under paragraph 5 for a person to disclose information to a person listed in sub-paragraph (2) if—U.K.

(a)the disclosure is made after the proceedings mentioned in paragraph 5(1) terminate, and

(b)the person making the disclosure reasonably believes that—

(i)an offence or contempt of court has been, or may have been, committed by or in relation to a lay member in connection with those proceedings, or

(ii)conduct of a lay member in connection with those proceedings may provide grounds for an appeal against conviction or sentence.

(2)Those persons are—

(a)a member of a police force listed in section 375;

(b)a judge of the Court of Appeal;

(c)a judge of the Court Martial Appeal Court;

(d)the registrar of criminal appeals;

(e)the judge advocate who dealt with the proceedings mentioned in paragraph 5(1);

(f)the court administration officer for the Court Martial;

(g)a member of the Military Court Service who would reasonably be expected to disclose the information only to a person mentioned in paragraphs (b) to (f).

(3)It is not an offence under paragraph 5 for a member of a police force listed in section 375 to disclose information for the purposes of obtaining assistance in deciding whether to submit the information to—

(a)a judge of the Court of Appeal,

(b)a judge of the Court Martial Appeal Court, or

(c)the registrar of criminal appeals,

provided that the disclosure does not involve publishing the information.

(4)It is not an offence under paragraph 5 for a judge of the Court of Appeal, a judge of the Court Martial Appeal Court or the registrar of criminal appeals to disclose information for the purposes of an investigation by a relevant investigator into—

(a)whether an offence or contempt of court has been committed by or in relation to a lay member in connection with the proceedings mentioned in paragraph 5(1), or

(b)whether conduct of a lay member in connection with those proceedings may provide grounds for an appeal against conviction or sentence.

(5)It is not an offence under paragraph 5 for a judge of the Court of Appeal, a judge of the Court Martial Appeal Court or the registrar of criminal appeals to disclose information for the purposes of enabling or assisting—

(a)a person who was the defendant in the proceedings mentioned in paragraph 5(1), or

(b)a legal representative of such a person,

to consider whether conduct of a lay member in connection with those proceedings may provide grounds for an appeal against conviction or sentence.

(6)It is not an offence under paragraph 5 for a person who reasonably believes that a disclosure described in sub-paragraph (4) or (5) has been made to disclose information for the purposes of the investigation or consideration in question.

(7)It is not an offence under paragraph 5 for a person to disclose information in evidence in—

(a)proceedings for an offence or contempt of court alleged to have been committed by or in relation to a lay member in connection with the proceedings mentioned in paragraph 5(1),

(b)proceedings on an appeal, or an application for leave to appeal, against a decision in the proceedings mentioned in paragraph 5(1) where an allegation relating to conduct of or in relation to a lay member forms part of the grounds of appeal, or

(c)proceedings on any further appeal or reference arising out of proceedings mentioned in paragraph (a) or (b).

(8)It is not an offence under paragraph 5 for a person to disclose information in the course of taking reasonable steps to prepare for proceedings described in sub-paragraph (7)(a) to (c).

(9)It is not an offence under paragraph 5 to publish information disclosed as described in sub-paragraph (7).

(10)In this paragraph—

  • publish” means make available to the public or a section of the public;

  • relevant investigator” means—

    (a)

    a police force listed in section 375;

    (b)

    the Attorney General;

    (c)

    the Criminal Cases Review Commission;

    (d)

    the Crown Prosecution Service;

    (e)

    the Service Prosecuting Authority;

    (f)

    any other person or class of person specified by the Lord Chancellor for the purposes of this paragraph by regulations.

(11)The Lord Chancellor must obtain the consent of the Lord Chief Justice of England and Wales before making regulations under this paragraph.

Disclosing information about members' deliberations: exceptions for soliciting disclosures or obtaining informationU.K.

8(1)It is not an offence under paragraph 5 to solicit a disclosure described in paragraph 6(1) to (4) or paragraph 7(1) to (9).U.K.

(2)It is not an offence under paragraph 5 to obtain information—

(a)by means of a disclosure described in paragraph 6(1) to (4) or paragraph 7(1) to (9), or

(b)from a document that is available to the public or a section of the public.

Saving for contempt of courtU.K.

9U.K.Nothing in paragraph 2, 3 or 4 affects what constitutes contempt of court at common law or what may be certified under section 311.]

Section 164

SCHEDULE 3U.K.Civilians etc: modifications of Court Martial sentencing powers

Part 1U.K.Civilian offenders

1(1)In relation to a civilian offender, section 164 (punishments available to Court Martial) has effect as if subsections (4), (6) and (7) were omitted and as if for the Table there were substituted—U.K.

TABLE

Row NumberPunishmentLimitation
1imprisonment 
2a fine 
3a service community order (defined by section 178)only if subsection (5) permits
4an overseas community order (defined by section 182)only if it appears to the court that the offender will reside outside the United Kingdom when the order is in force
5a conditional discharge (defined by section 185) 
6an absolute discharge (defined by section 185) 
7a service compensation order (defined by section 175) 
[F298 a deprivation order (defined by section 177B)only if section 177C permits]
[F309 a driving disqualification order (defined by section 177G)only if subsection (5A) permits]

(2)A person is a “civilian offender” for the purposes of this Part of this Schedule if he has committed a service offence and—

(a)he was a civilian when he committed the offence;

(b)he is a civilian when sentenced for the offence; and

(c)he remained a civilian throughout the period between committing the offence and being sentenced.

(3)In sub-paragraph (2) “a civilian” means a person who is—

(a)not a member of the regular forces;

(b)not a member of the reserve forces; and

(c)not liable to recall.

(4)For the purposes of this paragraph a person is “liable to recall” if—

(a)under section 65(1) of the Reserve Forces Act 1996 (c. 14) he is liable to be recalled for service; or

(b)he is liable to be recalled as mentioned in section 35(1) of the Reserve Forces Act 1980 (c. 9).

Textual Amendments

F29Words in Sch. 3 para. 1(1) Table inserted (1.5.2022 for specified purposes, 22.11.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 14(6)(a), 24(1); S.I. 2022/471, reg. 2(f); S.I. 2023/1102, reg. 3

F30Words in Sch. 3 para. 1(1) Table inserted (1.5.2022 for specified purposes, 1.4.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 15(5)(a), 24(1); S.I. 2022/471, reg. 2(f); S.I. 2023/158, reg. 3

Commencement Information

I67Sch. 3 para. 1 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)

I68Sch. 3 para. 1 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

2U.K.For the purposes of determining the Court Martial's powers when sentencing a civilian offender for an offence under section 42, section 42(3) (maximum penalties) has effect as if the reference to rows 5 to [F3114] were to rows 2 to [F329].

Textual Amendments

F31Word in Sch. 3 para. 2 substituted (1.5.2022 for specified purposes, 1.4.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 6 para. 10(a)(i); S.I. 2022/471, reg. 2(f); S.I. 2023/158, reg. 3

F32Word in Sch. 3 para. 2 substituted (1.5.2022 for specified purposes, 1.4.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 6 para. 10(a)(ii); S.I. 2022/471, reg. 2(f); S.I. 2023/158, reg. 3

Commencement Information

I69Sch. 3 para. 2 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)

I70Sch. 3 para. 2 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Part 2U.K.Ex-servicemen etc

3(1)In relation to an offender to whom this Part of this Schedule applies, section 164 (punishments available to Court Martial) has effect as if subsections (6) and (7) were omitted and as if for the Table there were substituted—U.K.

TABLE

Row NumberPunishmentLimitation
1imprisonment 
2dismissal with disgrace from Her Majesty's serviceonly if the person being sentenced is an officer or a member of the reserve forces
3dismissal from Her Majesty's serviceonly if the person being sentenced is an officer or a member of the reserve forces
4detention for a term not exceeding two yearsnot if the person being sentenced is an officer, or was an officer when last a member of Her Majesty's forces
5reduction in rank, or disratingonly if the person being sentenced is a warrant officer or non-commissioned officer, and not to an extent prohibited by regulations under subsection (4)
6a fine 
7a service community order (defined by section 178)only if subsection (5) permits
8a severe reprimand or a reprimandonly if the person being sentenced is, or was at the time of the offence, an officer, warrant officer or non-commissioned officer
9an absolute discharge (defined by section 185) 
10a service compensation order (defined by section 175) 
[F3311 a deprivation order (defined by section 177B)only if section 177C permits]
[F3412 a driving disqualification order (defined by section 177G)only if subsection (5A) permits]

(2)A person is an offender to whom this Part of this Schedule applies if when sentenced he is—

(a)not subject to service law;

(b)not a member of a volunteer reserve force;

(c)not a member of an ex-regular reserve force who is subject to an additional duties commitment; and

(d)not a civilian offender for the purposes of Part 1 of this Schedule.

Textual Amendments

F33Words in Sch. 3 para. 3(1) Table inserted (1.5.2022 for specified purposes, 22.11.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 14(6)(b), 24(1); S.I. 2022/471, reg. 2(f); S.I. 2023/1102, reg. 3

F34Words in Sch. 3 para. 3(1) Table inserted (1.5.2022 for specified purposes, 1.4.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 15(5)(b), 24(1); S.I. 2022/471, reg. 2(f); S.I. 2023/158, reg. 3

Commencement Information

I71Sch. 3 para. 3 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)

I72Sch. 3 para. 3 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

4U.K.For the purposes of determining the Court Martial's powers when sentencing an offender to whom this Part of this Schedule applies—

(a)section 25(2) (penalty for misapplying public property etc) has effect as if the reference to rows 2 to 14 were to rows 2 to [F3512];

(b)section 35(3) (penalty for annoyance by flying) has effect as if the reference to rows 3 to [F3614] were to rows 3 to [F3512];

(c)section 42(3) (penalties for criminal conduct offences) has effect as if the reference to rows 5 to [F3614] were to rows 5 to [F3512];

(d)any provision of regulations under section 328 (enlistment) which provides that an offence is punishable by any punishment mentioned in rows 2 to [F3614] of the Table in section 164 has effect as if the reference to rows 2 to [F3614] were to rows 2 to [F3512];

(e)any provision of regulations under section 343 (service inquiries) which provides that an offence is punishable by any punishment mentioned in rows 7 to 14 of the Table in section 164 has effect as if the reference to rows 7 to 14 were to rows 6 to [F3512].

Textual Amendments

F35Word in Sch. 3 para. 4 substituted (1.5.2022 for specified purposes, 1.4.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 6 para. 10(b)(ii); S.I. 2022/471, reg. 2(f); S.I. 2023/158, reg. 3

F36Word in Sch. 3 para. 4 substituted (1.5.2022 for specified purposes, 1.4.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 6 para. 10(b)(i); S.I. 2022/471, reg. 2(f); S.I. 2023/158, reg. 3

Commencement Information

I73Sch. 3 para. 4 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)

I74Sch. 3 para. 4 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Section 165

[F37SCHEDULE 3AU.K.Court Martial sentencing powers where election for trial by that court instead of CO

Textual Amendments

Part 1U.K.Relevant offences

1U.K.For the purposes of this Schedule an offence is “relevant” if it falls within any of cases A to D (see paragraphs 2 to 5); and references in this Schedule to a particular case of offence are to be read accordingly.

2U.K.An offence of which a person is convicted falls within case A if the charge in respect of the offence is one in respect of which the person elected Court Martial trial under section 129 (whether or not the charge was amended after election).

3U.K.An offence of which a person (“the accused”) is convicted falls within case B if—

(a)the charge in respect of the offence was substituted under section 125(2)(b) for a charge in respect of which the accused elected Court Martial trial under section 129; and

(b)the substitution was not one for which the accused’s written consent was required by section 130A(2).

4U.K.Where—

(a)a person (“the accused”) elects Court Martial trial under section 129 in respect of a charge,

(b)at the time of the election, another charge brought against the accused (“the relevant charge”) is regarded for the purposes of Part 5 as allocated for summary hearing,

(c)the relevant charge is referred to the Director of Service Prosecutions under section 123(2)(e) without the accused having been given the opportunity to elect Court Martial trial of the charge, and

(d)the Court Martial convicts the accused of an offence alleged in the relevant charge,

that offence falls within case C.

5U.K.Where—

(a)a person (“the accused”) is charged with an offence which, if the accused were convicted of it, would fall within case C,

(b)another charge (“the new charge”) is substituted under section 125(2)(b) for the charge,

(c)the substitution is not one for which the accused’s written consent is required by section 130A(2), and

(d)the Court Martial convicts the accused of an offence alleged in the new charge,

that offence falls within case D.

Part 2U.K.Sentencing powers etc

Sentencing powers: single relevant offenceU.K.

6(1)This paragraph applies where—

(a)the Court Martial convicts a person (“the offender”) of a case A offence or a case B offence; and

(b)paragraph 8 (multiple relevant offences) does not apply.

(2)The sentence passed in respect of the offence must be such that the offender’s commanding officer could have awarded the punishments awarded by that sentence if the commanding officer—

(a)had heard summarily the charge in respect of which the offender elected Court Martial trial; and

(b)had recorded a finding that the charge had been proved.

7(1)This paragraph applies where—

(a)the Court Martial convicts a person (“the offender”) of a case C offence or a case D offence; and

(b)paragraph 8 does not apply.

(2)The sentence passed in respect of the offence must be such that the offender’s commanding officer could have awarded the punishments awarded by that sentence if the commanding officer—

(a)had heard summarily the charge referred as mentioned in paragraph 4(c); and

(b)had recorded a finding that the charge had been proved.

Multiple relevant offencesU.K.

8(1)This paragraph applies where—

(a)the Court Martial convicts a person (“the offender”) of two or more relevant offences; and

(b)condition 1 or 2 is met in relation to any two or more of the offences.

(2)Condition 1, in relation to any two or more offences, is that—

(a)each of the offences is a case A offence or a case B offence; and

(b)the relevant charges would have been heard summarily together if the offender had not elected Court Martial trial.

(3)In sub-paragraph (2) “relevant charge” means—

(a)in relation to a case A offence, the charge in respect of that offence; and

(b)in relation to a case B offence, the charge in respect of which the offender elected Court Martial trial and for which the charge in respect of the case B offence was substituted.

(4)Condition 2, in relation to any two or more offences, is that—

(a)each of the offences is a case C offence or a case D offence; and

(b)the referred charges would have been heard summarily together if they had not been referred as mentioned in paragraph 4(c).

(5)In sub-paragraph (4) “referred charge” means—

(a)in relation to a case C offence, the charge in respect of that offence; and

(b)in relation to a case D offence, the charge referred as mentioned in paragraph 4(c) for which the charge in respect of the case D offence was substituted.

Sentencing powers: multiple relevant offencesU.K.

9(1)This paragraph applies where paragraph 8 applies by virtue of a condition in that paragraph being met in relation to any two or more relevant offences.

(2)The offences in relation to which the condition is met (“the joined offences”) are to be treated for the purposes of section 255 (individual sentence for each offence) as a single offence; and references in this paragraph to “the sentence” are to the sentence passed by the Court Martial in respect of the joined offences.

(3)Where condition 1 in paragraph 8 is met in relation to the joined offences, the sentence must be such that the offender’s commanding officer could have awarded the punishments awarded by that sentence if the commanding officer—

(a)had heard the relevant charges (as defined by paragraph 8(3)) summarily together; and

(b)had recorded findings that the charges had been proved.

(4)Where condition 2 in paragraph 8 is met in relation to the joined offences, the sentence must be such that the offender’s commanding officer could have awarded the punishments awarded by that sentence if the commanding officer—

(a)had heard the referred charges (as defined by paragraph 8(5)) summarily together; and

(b)had recorded findings that the charges had been proved.

Further provision about sentencingU.K.

10Where paragraph 9 applies, the following provisions apply in relation to the sentence as if it were a sentence being passed by an officer at a summary hearing—

  • section 242 (service detention: general restriction);

  • section 243 (length of term of service detention);

  • section 248 (forfeiture of seniority, reduction in rank or disrating).

11Where the Court Martial is dealing with an offender for an offence with which a relevant offence is associated, the offences are to be treated for the purposes of Part 9 (sentencing: principles and procedures) as not being associated.

Activation of suspended sentence of detentionU.K.

12(1)This paragraph applies where—

(a)the Court Martial, on convicting a person (“the offender”) of a relevant offence, makes an order under section 191(3) in relation to a suspended sentence of service detention passed on the offender; and

(b)the suspended sentence was passed by an officer or the Summary Appeal Court.

(2)The term of the suspended sentence as it takes effect by virtue of the order must not exceed 28 days unless the offender’s commanding officer would have had extended powers for the purposes of section 194 if—

(a)where the offence is a case A offence or a case B offence, the offender had not elected Court Martial trial; or

(b)where the offence is a case C offence or a case D offence, the charge referred as mentioned in paragraph 4(c) had not been so referred.

(3)If—

(a)the Court Martial awards a term of service detention (“the new sentence”) in respect of the offence (or, where paragraph 9 applies, in respect of the offence and one or more other relevant offences), and

(b)the order under section 191(3) provides for the suspended sentence to take effect from the end of the new sentence,

the aggregate of the terms of the two sentences must not exceed 28 days or, where the extended powers condition is met, 90 days.

(4)The extended powers condition is—

(a)where the offence is a case A offence or a case B offence, that the offender’s commanding officer would have had extended powers for the purposes of section 194 if the offender had not elected Court Martial trial;

(b)where the offence is a case C offence or a case D offence, that the offender’s commanding officer would have had extended powers for the purposes of section 194 if the charge referred as mentioned in paragraph 4(c) had not been so referred.

(5)In determining for the purposes of sub-paragraph (2) or (4) whether the offender’s commanding officer would have had extended powers for the purposes of section 194 if, as the case may be—

(a)the offender had not elected Court Martial trial, or

(b)the charge referred as mentioned in paragraph 4(c) had not been so referred,

no account is to be taken of any of the matters mentioned in sub-paragraph (6).

(6)Those matters are—

(a)any change in the commanding officer’s rank after the election or referral;

(b)in the case of sub-paragraph (2)(a) or (4)(a), any possibility that, if the offender had declined Court Martial trial, the commanding officer might subsequently have been granted extended powers for the purposes of section 194; and

(c)in the case of sub-paragraph (2)(b) or (4)(b), any possibility that, if the charge referred as mentioned in paragraph 4(c) had not been so referred, the commanding officer might have been granted extended powers for those purposes after the time when the charge was in fact referred.

Court orders other than sentencesU.K.

13(1)The Court Martial may not make an order under section 229 (service restraining order) by virtue of—

(a)convicting a person of a relevant offence; or

(b)acquitting a person of an offence which would be a relevant offence if the person were convicted of it.

F38(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F38(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Review of unduly lenient sentencesU.K.

14In section 273 (review of unduly lenient sentence by Court Martial Appeal Court), the reference in subsection (1)(a) to an offence under section 42 does not include a relevant offence.

Appeals: application of Court Martial Appeals Act 1968 to multiple relevant offencesU.K.

15(1)This paragraph applies where, by virtue of paragraph 9(2), the Court Martial passed a single sentence in respect of two or more relevant offences (“the joined offences”); and references in this paragraph to “the 1968 Act” are to the Court Martial Appeals Act 1968.

(2)Where—

(a)section 13 of the 1968 Act (power to re-sentence when some but not all convictions successfully appealed) applies in relation to the sentence, but

(b)the appellant remains convicted of two or more of the joined offences,

those offences are to be treated for the purposes of section 13(2) of the 1968 Act as a single offence.

(3)Sub-paragraph (4) applies where section 14 of the 1968 Act (substitution of conviction on different charge after plea of not guilty) applies in relation to a conviction of any of the joined offences.

(4)The reference in section 14(2)(b) to a sentence that the Court Martial would have had power to pass in respect of the offence mentioned in section 14(1)(b) is to be read as a reference to a sentence that the Court Martial would have had power to pass in respect of all the applicable offences.

(5)For the purposes of sub-paragraph (4) an offence is an “applicable offence” if it is—

(a)a joined offence of which the appellant remains convicted;

(b)an offence a finding of guilty of which has been substituted under section 14 of the 1968 Act for a finding of guilty of a joined offence; or

(c)an offence a plea of guilty of which has been substituted under section 14A of that Act for a plea of guilty of a joined offence.

(6)Sub-paragraph (7) applies where—

(a)section 14A of the 1968 Act (substitution of conviction on different charge after guilty plea) applies in relation to a conviction of any of the joined offences; and

(b)section 14 of that Act does not so apply.

(7)The reference in section 14A(2)(b) to a sentence that the Court Martial would have had power to pass in respect of the offence mentioned in section 14A(1)(b) is to be read as a reference to a sentence that the Court Martial would have had power to pass in respect of—

(a)all the joined offences of which the appellant remains convicted; and

(b)the offence a plea of guilty of which has been substituted under section 14A for a plea of guilty of a joined offence.

(8)Where sub-paragraph (4) or (7) applies and the case also falls within section 13(1) of the 1968 Act, section 13 of that Act shall not apply.

(9)In section 16A of the 1968 Act (appeals against sentence), the reference in subsection (2)(b) to the offence is to be read as a reference to the joined offences.

Part 3U.K.Interpretation

“Commanding officer”U.K.

16(1)References in this Schedule to a person’s commanding officer are to the person’s commanding officer at the time the person elected Court Martial trial.

(2)In determining for the purposes of paragraph 6(2), 7(2) or 9(3) or (4) the punishments that a person’s commanding officer could have awarded in respect of a charge or charges, no account is to be taken of—

(a)any change in the commanding officer’s rank after the person elected Court Martial trial or (as the case may be) after the charge or charges referred as mentioned in paragraph 4(c) were so referred;

(b)in the case of paragraph 6(2) or 9(3), any possibility that, if the person had declined Court Martial trial, the commanding officer might subsequently have been granted extended powers for the purposes of any provision of Chapter 1 of Part 6; or

(c)in the case of paragraph 7(2) or 9(4), any possibility that, if the charge or charges referred as mentioned in paragraph 4(c) had not been so referred, the commanding officer might have been granted extended powers for the purposes of any provision of Chapter 1 of Part 6 after the time when the referral in fact took place.

Substituted chargesU.K.

17References in this Schedule to a charge substituted under section 125(2)(b) for another charge (“the original charge”) include—

(a)a charge substituted for a charge that was itself substituted for the original charge,

(b)a charge substituted for a charge within paragraph (a),

and so on.]

Section 169

SCHEDULE 4U.K.Unfitness and insanity: modifications of Mental Health Act 1983

Hospital ordersU.K.

1U.K.For the purposes of section 169(2)(a) of this Act, section 37 of the Mental Health Act 1983 (c. 20) (“the 1983 Act”) has effect as if—

(a)for subsection (1) there were substituted—

(1)Where—

(a)section 169 of the Armed Forces Act 2006 applies,

(b)the offence to which the finding relates is an offence punishable with imprisonment, and

(c)the conditions in subsection (2) below are satisfied,

the court may by order authorise the defendant's admission to and detention in such hospital as may be specified in the order.;

(b)subsections (1A), (1B), (3), (5), (6) and (8) were omitted;

(c)in subsection (2)(a) there were omitted—

(i)the word “either” before sub-paragraph (i);

(ii)the word “or” at the end of that sub-paragraph; and

(iii)sub-paragraph (ii) (but not the word “and” at the end of it);

(d)for subsection (4) there were substituted—

(4)Where an order is made under this section requiring a person to be admitted to a hospital (“a hospital order”), it shall be the duty of the managers of the hospital specified in the order to admit him in accordance with it.;

(e)in subsection (7) the reference to a guardianship order were omitted; and

(f)any reference to the offender were to the defendant (the reference in subsection (2)(b) to the offence being construed accordingly).

Commencement Information

I75Sch. 4 para. 1 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)

I76Sch. 4 para. 1 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Restriction ordersU.K.

2U.K.For the purposes of section 169(2)(a) of this Act, section 41(1) of the 1983 Act (power to make a restriction order) has effect as if—

(a)the reference to the Crown Court were to the Court Martial; and

(b)any reference to an offender were to a person in whose case section 169 applies (references to an offence being construed accordingly).

Commencement Information

I77Sch. 4 para. 2 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)

I78Sch. 4 para. 2 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Remand ordersU.K.

3U.K.In relation to a case where section 169 applies but the court has not yet made one of the disposals mentioned in section 169(2), section 35 of the 1983 Act (remand to hospital for report on mental condition) has effect as if—

(a)the reference in subsection (1) to the Crown Court or a magistrates' court were to the Court Martial;

(b)for the purposes of that section an “accused person” meant a person in whose case this paragraph applies;

(c)subsection (2) and the words after paragraph (b) in subsection (3) were omitted;

(d)in subsection (3)(b) for the words “if he were remanded on bail” there were substituted “ if he were not remanded under this section ”;

(e)in subsection (4) the reference to a place of safety were to any place that the court may direct; and

(f)the reference in subsection (10) to a constable included a reference to a service policeman.

Commencement Information

I79Sch. 4 para. 3 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)

I80Sch. 4 para. 3 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

4U.K.In relation to a case where section 169 applies but the court has not yet made one of the disposals mentioned in section 169(2), section 36 of the 1983 Act (remand to hospital for treatment) has effect as if—

(a)in subsection (1) for the words “the Crown Court may, instead of remanding an accused person in custody, remand him” there were substituted “ the Court Martial may remand an accused person ”;

(b)for the purposes of that section an “accused person” meant a person in whose case this paragraph applies;

(c)subsection (2) were omitted; and

(d)in subsection (3) the reference to a place of safety were to any place that the court may direct.

Commencement Information

I81Sch. 4 para. 4 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)

I82Sch. 4 para. 4 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Interim hospital ordersU.K.

5(1)In relation to a case where section 169 applies but the court has not yet made one of the disposals mentioned in section 169(2), section 38 of the 1983 Act (interim hospital orders) has effect as if—U.K.

(a)in subsection (1) for the words from the beginning to “he is convicted” there were substituted “ Where section 169 of the Armed Forces Act 2006 applies, the offence to which the finding relates is an offence punishable with imprisonment and the court ”;

(b)any reference to an offender were to a person in whose case this paragraph applies;

(c)in subsection (4) the reference to a place of safety were to any place that the court may direct; and

(d)in subsection (7) the reference to a constable included a service policeman.

(2)Where an interim hospital order is made under section 38 of the 1983 Act as modified by this paragraph, the references in section 40(3) of that Act to an offender are to be read in accordance with sub-paragraph (1)(b) above.

Commencement Information

I83Sch. 4 para. 5 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)

I84Sch. 4 para. 5 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Sections 181, 184

F39SCHEDULE 5U.K.Breach, revocation and amendment of community punishments

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F40section 183(6)]

SCHEDULE 6U.K.Overseas community orders: young offenders

Textual Amendments

F40Words in Sch. 6 shoulder note substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Unpaid work requirementU.K.

1U.K.An unpaid work requirement, as defined by [F41paragraph 1(1) of Schedule 9 to the Sentencing Code], may not be included in an overseas community order if the offender is aged under 16 on conviction.

Textual Amendments

F41Words in Sch. 6 para. 1 substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I85Sch. 6 para. 1 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)

I86Sch. 6 para. 1 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Exclusion requirementU.K.

2U.K.Where an exclusion requirement, as defined by [F42paragraph 11(1) of Schedule 9 to the Sentencing Code], is included in an overseas community order made in respect of an offender aged under 18 on conviction, the period specified in the order must not exceed three months.

Textual Amendments

F42Words in Sch. 6 para. 2 substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(4) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I87Sch. 6 para. 2 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)

I88Sch. 6 para. 2 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Residence requirementU.K.

3[F43(1)In relation to an overseas community order made in respect of an offender aged under 18 on conviction, paragraph 13 of Schedule 9 to the Sentencing Code has effect as if—U.K.

(a)in sub-paragraph (1)(a), after “place”)” there were inserted “ or with a particular individual (“the required individual”) ”;

(b)in sub-paragraph (2)(a)(i), after “place” there were inserted “ or individual ”.]

(2)A requirement that a person reside with an individual must not be included in an overseas community order unless the individual has consented to the requirement.

(3)[F44Paragraph 14 of Schedule 9 to the Sentencing Code (requirement to consider home surroundings of offender) does not apply] in relation to a requirement in an overseas community order that a person reside with an individual.

(4)A requirement that a person reside at a [F45particular] place must not be included in an overseas community order if the offender is aged under 16 on conviction.

F46(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F44Words in Sch. 6 para. 3(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(5)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F45Word in Sch. 6 para. 3(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(5)(c) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F46Sch. 6 para. 3(5) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(5)(d) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I89Sch. 6 para. 3 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)

I90Sch. 6 para. 3 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Mental health requirementU.K.

4(1)In [F47paragraph 17(1) of Schedule 9 to the Sentencing Code] as it applies in relation to an overseas community order, paragraph (c) (consent [F48condition]) does not apply if the offender is aged under 14.U.K.

(2)In [F49paragraph 18 of Schedule 9 to the Sentencing Code] as it applies in relation to an overseas community order (mental health treatment at place not specified in order), [F50sub-paragraph (3) (expression of willingness of offender necessary before alternative arrangements may be made) does] not apply if the offender is aged under 14.

Textual Amendments

F47Words in Sch. 6 para. 4(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(6)(a)(i) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F48Word in Sch. 6 para. 4(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(6)(a)(ii) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F49Words in Sch. 6 para. 4(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(6)(b)(i) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F50Words in Sch. 6 para. 4(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(6)(b)(ii) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I91Sch. 6 para. 4 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)

I92Sch. 6 para. 4 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Drug rehabilitation requirementU.K.

5(1)In relation to an overseas community order made in respect of an offender aged under 18 on conviction, [F51paragraph 19(1) of Schedule 9 to the Sentencing Code] (drug rehabilitation requirement) has effect as if paragraph (b) (requirement to provide samples) were omitted.U.K.

(2)But sub-paragraph (1) does not apply where—

(a)the offender is aged 14 or over; and

(b)has expressed his willingness to provide samples as mentioned in [F52paragraph 19(1)(b) of Schedule 9 to the Sentencing Code].

(3)In [F53paragraph 20(1) of Schedule 9 to the Sentencing Code] as it applies in relation to an overseas community order, paragraph (d) (consent [F54condition]) does not apply if the offender is aged under 14.

F55(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F51Words in Sch. 6 para. 5(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(7)(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F52Words in Sch. 6 para. 5(2)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(7)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F53Words in Sch. 6 para. 5(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(7)(c)(i) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F54Word in Sch. 6 para. 5(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(7)(c)(ii) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I93Sch. 6 para. 5 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)

I94Sch. 6 para. 5 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Alcohol treatment requirementU.K.

6U.K.An alcohol treatment requirement, as defined by [F56paragraph 23(1) of Schedule 9 to the Sentencing Code], may not be included in an overseas community order if the offender is aged under 18 on conviction.

Textual Amendments

F56Words in Sch. 6 para. 6 substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(8) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I95Sch. 6 para. 6 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)

I96Sch. 6 para. 6 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Education requirementU.K.

7(1)An overseas community order made in respect of an offender aged under 18 on conviction may include a requirement (an “education requirement”) requiring the offender to comply, during a period or periods specified in the order, with arrangements for his education—U.K.

(a)made for the time being by his parent or guardian; and

(b)approved by Service Children's Education (“SCE”).

(2)A court may not include an education requirement in an overseas community order unless it has consulted SCE and is satisfied—

(a)that, in the view of SCE, arrangements exist for the offender to receive efficient full-time education suitable to his age, ability and aptitude and to any special educational need he may have; and

(b)that, having regard to the circumstances of the case, the inclusion of the requirement is necessary for securing the good conduct of the offender or for preventing the commission of further offences.

(3)Any period specified in an overseas community order as one during which the offender must comply with arrangements made for his education must not include any period after he has ceased to be of compulsory school age (within the meaning of section 8 of the Education Act 1996 (c. 56)).

(4)An education requirement under this paragraph may (despite section 182(1)(a)) be the only requirement imposed by an overseas community order.

Commencement Information

I97Sch. 6 para. 7 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)

I98Sch. 6 para. 7 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Power to amendU.K.

8U.K.The powers of the Secretary of State under [F57paragraph 13 of Schedule 23 to the Sentencing Act 2020] (powers to amend limits) include power by order to amend paragraph 2 of this Schedule by substituting for the maximum period for the time being specified in that paragraph such other period as may be specified in the order.

Textual Amendments

F57Words in Sch. 6 para. 8 substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(9) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I99Sch. 6 para. 8 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)

I100Sch. 6 para. 8 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Section 184

[F58SCHEDULE 6AU.K.Breach, revocation and amendment of overseas community orders

Textual Amendments

1U.K.Schedule 10 to the Sentencing Code (breach, revocation or amendment of community order) applies to an overseas community order as it applies to a community order, with the modifications set out in this Schedule.

PreliminaryU.K.

2U.K.Part 1 (preliminary) has effect as if—

(a)in paragraph 1(1), for the definition of “appropriate court” there were substituted—

appropriate court” means the court that made the overseas community order;;

(b)paragraphs 2 to 4 were omitted;

(c)in paragraph 5 (orders made on appeal), for “Crown Court” there were substituted “ Court Martial ”.

Breach of requirement of orderU.K.

3U.K.Part 2 (breach of requirement of order) has effect as if—

(a)paragraph 6 were modified as set out in paragraph 4 of this Schedule;

(b)paragraph 7 were omitted;

(c)for paragraphs 8 and 9 there were substituted the paragraph 8A set out in paragraph 5 of this Schedule;

(d)paragraph 10 were omitted;

(e)paragraph 11 were modified as set out in paragraph 6 of this Schedule;

(f)after paragraph 11 there was inserted the paragraph 11A set out in paragraph 7 of this Schedule.

4U.K.Paragraph 6 (duty to give warning or refer matter to enforcement officer) has effect as if—

(a)in sub-paragraph (2), for the words “refer the matter to an enforcement officer” there were substituted “ apply to the court that made the order for the exercise of its powers in relation to the breach in question ”;

(b)in sub-paragraph (3), for paragraph (b) there were substituted—

(b)apply to the court that made the order for the exercise of its powers in relation to the breach.

5U.K.The paragraph 8A (substituted for paragraphs 8 and 9) is as follows—

Issue of summons or warrantU.K.

8A(1)This paragraph applies where—

(a)an overseas community order under the Armed Forces Act 2006 is in force, and

(b)it appears to the court that made the order, on an application by the responsible officer, that the offender has breached a requirement of the order.

(2)The court may—

(a)issue a summons requiring the offender to appear at the place and time specified in it, or

(b)issue a warrant for the offender's arrest.

(3)A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the court issuing the summons or warrant.

(4)Where—

(a)a summons is issued under this paragraph, and

(b)the offender does not appear in answer to the summons,

the court may issue a warrant for the arrest of the offender.

6U.K.Paragraph 11 (powers of Crown Court) has effect as if—

(a)for the heading, there were substituted “ Powers of court that made the order ”;

(b)in sub-paragraph (1)(a), for “Crown Court under paragraph 9 or by virtue of paragraph 10(3)” there were substituted “ court under paragraph 8A ”;

(c)in sub-paragraph (2), for “Crown Court” there were substituted “ court ” (in both places);

(d)sub-paragraph (3) were omitted;

(e)in sub-paragraph (4), for “Crown Court” there were substituted “ court ”;

(f)in sub-paragraph (6)—

(i)after “custodial sentence” there were inserted “ within the meaning of the Armed Forces Act 2006 ”, and

(ii)for “230(2)” there were substituted “ 260(2) of that Act ”;

(g)in sub-paragraph (7), for “Crown Court” there were substituted “ court ”;

(h)sub-paragraph (8) were omitted.

7U.K.The paragraph 11A to be inserted after paragraph 11 is as follows—

Further provision about fines imposed under paragraph 11U.K.

11A(1)Section 251 of the Armed Forces Act 2006 (power to order payment of fine by instalments) applies to a fine imposed under paragraph 11(2)(a) as it applies to a fine imposed by a court for a service offence.

(2)Sub-paragraph (3) applies where a court imposes a fine under paragraph 11(2)(a) on an offender who—

(a)is aged under 18 when the fine is imposed, and

(b)has a service parent or service guardian (within the meaning of section 268 of the Armed Forces Act 2006).

(3)Subsections (2) to (4) of section 268 of the Armed Forces Act 2006 (payment of fine by service parent or service guardian) apply in relation to the fine imposed under paragraph 11(2)(a) as they apply in relation to a fine in the circumstances mentioned in subsection (1) that section, but with the reference in subsection (2) of section 268 to the time of conviction being read as a reference to the time the fine is imposed.

(4)Section 269(2) of the Armed Forces Act 2006 (power of court to make financial statement order before making order under section 268) does not apply in relation to an order under section 268 which is made by virtue of sub-paragraph (3).

Revocation of orderU.K.

8U.K.Part 3 (revocation of order with or without re-sentencing) has effect as if—

(a)paragraph 14 were omitted;

(b)in paragraph 15—

(i)for the heading there were substituted “ Overseas community order ”;

(ii)in sub-paragraph (1), for “a Crown Court” there were substituted “ an overseas ”;

(iii)in sub-paragraph (1), in the words after paragraph (b), for “Crown Court” there were substituted “ court that made the order ”;

(iv)in sub-paragraphs (3), (4) and (6), for “Crown Court” there were substituted “ court ”.

Amendment of orderU.K.

9U.K.Part 4 (amendment of order) has effect as if—

(a)paragraphs 16 and 17 were omitted;

(b)in paragraph 18—

(i)in sub-paragraph (2), paragraph (b) were omitted;

(ii)in sub-paragraph (9)(b)—

(a)after “custodial sentence” there were inserted “ within the meaning of the Armed Forces Act 2006 ”, and

(b)for “230(2)” there were substituted “ 260(2) of that Act ”;

(c)paragraph 19 were omitted.

Conviction of further offenceU.K.

10U.K.Part 5 (conviction of further offence) has effect as if—

(a)in the heading above paragraph 22, for “magistrates' court” there were substituted “ Service Civilian Court ”;

(b)in paragraph 22—

(i)for “Paragraphs 23 and 24 apply” there were substituted “ Paragraph 23 applies ”;

(ii)after sub-paragraph (a) (but before the “and”) there were inserted—

(aa)the existing community order was made by the Service Civilian Court,;

(iii)in sub-paragraph (b), for “a magistrates' court” there were substituted “ the Service Civilian Court ”;

(c)in paragraph 23, sub-paragraphs (1) and (6) were omitted;

(d)paragraph 24 were omitted;

(e)in the heading above paragraph 25, for “Crown Court” there were substituted “ Court Martial ”;

(f)in paragraph 25—

(i)in sub-paragraphs (1)(a), (2), (3), (4) and (5), for “Crown Court” there were substituted “ Court Martial ”;

(ii)sub-paragraph (1)(b) were omitted.

SupplementaryU.K.

11U.K.Part 6 (supplementary) has effect as if—

(a)paragraph 26 were omitted;

(b)paragraph 27 were modified as set out in paragraph 12 of this Schedule.

12U.K.Paragraph 27 (provision of copies of orders etc) has effect as if—

(a)for sub-paragraph (2) there were substituted—

(2)The court administration officer (within the meaning of the Armed Forces Act 2006) must provide copies of the revoking or amending order to—

(a)the offender,

(b)the responsible officer,

(c)the offender's commanding officer, and

(d)if the offender is aged under 14, the offender's parent or guardian.”;;

(b)sub-paragraph (3) were omitted;

(c)in the opening words of sub-paragraph (4), for “the court” there were substituted “ the court administration officer (within the meaning of the Armed Forces Act 2006) ”;

(d)in the table in sub-paragraph (4), at the end there were inserted—

An education requirementService Children's Education;

(e)sub-paragraphs (5) to (7) were omitted.

Court Martial RulesU.K.

13U.K.If Court Martial Rules provide that powers of the Court Martial under Schedule 10 to the Sentencing Code as applied by this Schedule are to be exercised by a judge advocate, the rules may also disapply section 160 of this Act in relation to sentences passed under that Schedule.

AppealsU.K.

14U.K.A person who—

(a)is sentenced by the Court Martial under paragraph 25(2)(b)(ii) of Schedule 10 to the Sentencing Code as applied by this Schedule, and

(b)was not convicted by the Court Martial of the offence in respect of which the sentence is passed,

is to be treated, for the purpose of enabling an appeal under the Court Martial Appeals Act 1968 against the sentence, as if he or she had been so convicted.]

Section 200(2)(b)

[F59SCHEDULE 7U.K.Suspended sentence orders: breach or amendment; effect of further conviction

Textual Amendments

1U.K.Schedule 16 to the Sentencing Code (breach or amendment of suspended sentence order, and effect of further conviction) applies to a suspended sentence order made by a relevant service court with the following modifications.

PreliminaryU.K.

2U.K.Part 1 (preliminary) has effect as if—

(a)in paragraph 1(1), for the definition of “the appropriate court” there were substituted—

the appropriate court” means the Crown Court;;

(b)at the end of paragraph 1(1) there were inserted—

relevant service court” has the same meaning as in Chapter 4 of Part 8 of the Armed Forces Act 2006 (see section 207 of that Act);

service offence” has the same meaning as in the Armed Forces Act 2006 (see section 50 of that Act).;

(c)paragraphs 3 to 5 were omitted.

Breach of community requirement or conviction of further offenceU.K.

3U.K.Part 2 (breach of community requirement or conviction of further offence) has effect as if—

(a)in paragraph 6(4)(c), for “a court” there were substituted “ the Crown Court ”;

(b)in paragraph 7, for paragraph (b) there were substituted—

(b)where appropriate, cause an information to be laid before the Crown Court in respect of the offender's breach of the requirement.;

(c)paragraph 8 were omitted;

(d)in paragraph 9—

(i)in the heading, the words “Crown Court order:” were omitted;

(ii)in sub-paragraph (1), for “Crown Court order” there were substituted “ suspended sentence order made by a relevant service court ”;

(e)paragraph 10 were omitted;

(f)paragraphs 11 to 15 were modified as set out in paragraphs 4 to 8 of this Schedule;

(g)after paragraph 15 there were inserted the paragraph 15A set out in paragraph 9 of this Schedule;

(h)paragraphs 17 to 19 were modified as set out in paragraphs 10 to 12 of this Schedule;

(i)paragraph 20 were omitted.

4U.K.Paragraph 11 (offender before magistrates' court: further conviction) has effect as if—

(a)sub-paragraph (1) were omitted;

(b)in sub-paragraph (2), for the words from “made” to the end, there were substituted “made by a relevant service court, the magistrates' court must notify the appropriate officer of the Court Martial of the conviction.”;

(c)sub-paragraphs (3) and (4) were omitted.

5U.K.Paragraph 12 (offender before Crown Court: breach of community requirement or further conviction) has effect as if—

(a)in the heading, after “Crown Court” there were inserted “ , Court Martial or Service Civilian Court ”;

(b)in sub-paragraph (1)(b), the words “or (3)” were omitted;

(c)in sub-paragraph (2), paragraph (a)(iii) (but not the “and” following it) were omitted;

(d)for sub-paragraph (3) there were substituted—

(3)Where—

(a)an offender to whom a suspended sentence order relates is convicted of a service offence or an offence under the law of any part of the British Islands that was committed during the operational period of the order,

(b)the suspended sentence order has not taken effect, and

(c)either—

(i)the offender is so convicted by the Crown Court, the Court Martial or the Service Civilian Court, or

(ii)the offender subsequently appears or is brought before the Court Martial,

the court must deal with the case under paragraph 13.

(3A)Anything that under section 376(1) and (2) of the Armed Forces Act 2006 is treated as a conviction for the purposes of that Act is also to be treated as a conviction for the purposes of sub-paragraph (3).

6U.K.Paragraph 13 (powers of court to deal with offender on breach of requirement or subsequent conviction) has effect as if—

(a)in sub-paragraph (1)—

(i)in the opening words, for “a court” there were substituted “ the Crown Court, the Court Martial or the Service Civilian Court ”;

(ii)in paragraph (c), at the beginning there were inserted “where the court dealing with the offender is the Crown Court,”;

(b)sub-paragraph (2) were omitted.

7U.K.Paragraph 14 (exercise of power in paragraph 13: duty to make activation order where not unjust) has effect as if—

(a)in sub-paragraph (1), for “The court” there were substituted “ The Crown Court, the Court Martial or the Service Civilian Court ”;

(b)in sub-paragraph (2)(b), the words “11 or” were omitted.

8U.K.Paragraph 15 (activation orders: further provision) has effect as if—

(a)in the heading, after “orders” there were inserted “ made by the Crown Court ”;

(b)in sub-paragraph (1), for “a court” there were substituted “ the Crown Court ”;

(c)for sub-paragraph (3) there were substituted—

(3)For the purpose of any enactment conferring rights of appeal against sentence in criminal cases—

(a)the activation order is to be treated as a sentence passed on the offender by the Crown Court for the offence for which the suspended sentence was passed, and

(b)the offender is to be treated as if he or she had been convicted on indictment of that offence.;

(d)in sub-paragraph (4) at the end there were inserted “and a custodial sentence within the meaning of the Armed Forces Act 2006 (see section 374 of that Act)”.

10U.K.Paragraph 17 (treatment requirement: reasonable refusal to undergo certain treatment) has effect as if, in sub-paragraph (2), the words “10(1)(b) or” were omitted.

11U.K.Paragraph 18 (duty of court in Scotland or Northern Ireland when informed of suspended sentence) has effect as if—

(a)in sub-paragraph (b), for “in England or Wales” there were substituted “ (anywhere) by a relevant service court ”;

(b)in the words following sub-paragraph (b), for “the court by which the suspended sentence was passed” there were substituted “ the Court Martial ”.

12U.K.Paragraph 19 (issue of summons or warrant where court convicting of further offence does not deal with suspended sentence) has effect as if—

(a)in sub-paragraph (1)—

(i)in the opening words, for “the Crown Court” there were substituted “ the Court Martial ”;

(ii)in paragraph (a), for the words from “United Kingdom” to “Court” there were substituted “ British Islands of an offence committed during the operational period of a suspended sentence order passed by a relevant service court, or has been convicted of a service offence committed during that period ”;

(b)in sub-paragraph (2), for “Crown Court” there were substituted “ Court Martial ”;

(c)in sub-paragraph (3), for “Crown Court” there were substituted “ Court Martial ”.

Amendment of orderU.K.

13U.K.Part 3 (amendment of order) has effect as if in paragraph 25 (amendment of community requirements of suspended sentence order), after sub-paragraph (8) there were inserted—

(8A)In a case where the order was made by the Service Civilian Court, a term of imprisonment or detention in a young offender institution or fine imposed under sub-paragraph (7)(b) must not exceed—

(a)in the case of a term of imprisonment or detention in a young offender institution, 6 months;

(b)in the case of a fine, the prescribed sum within the meaning of section 32 of the Magistrates' Courts Act 1980.

(8B)Where a sentence is passed under sub-paragraph (7)(b), section 9 of the Criminal Appeal Act 1968 (appeal against sentence) applies as if the offender had been convicted on indictment of the offence for which the sentence was passed.

Modifications etc. (not altering text)

C1Sch. 7 para. 13 modified (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3) (with s. 5(9)); S.I. 2012/1236, reg. 2

SupplementaryU.K.

14U.K.Part 4 (supplementary) has effect as if in paragraph 28 (provision of copies of orders etc)—

(a)in sub-paragraph (1) for “a court” there were substituted “ the Crown Court or a relevant service court ”;

(b)in sub-paragraph (3), paragraph (b) were omitted;

(c)sub-paragraphs (5) and (6) were omitted.]

Section 272

SCHEDULE 8U.K.Amendment of the Courts-Martial (Appeals) Act 1968

1U.K.The Courts-Martial (Appeals) Act 1968 (c. 20) is amended as follows.

Commencement Information

I101Sch. 8 para. 1 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)

I102Sch. 8 para. 1 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

2U.K.For the heading to Part 1 substitute “ THE COURT MARTIAL APPEAL COURT ”.

Commencement Information

I103Sch. 8 para. 2 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)

I104Sch. 8 para. 2 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

3U.K.In section 1(1) (the court) for the words from the beginning to “air-force courts-martial,” substitute “ The Court Martial Appeal Court ”.

Commencement Information

I105Sch. 8 para. 3 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)

I106Sch. 8 para. 3 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

4U.K.In section 4 (sittings) omit subsection (2).

Commencement Information

I107Sch. 8 para. 4 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)

I108Sch. 8 para. 4 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

5U.K.In section 5 (constitution of court for particular sittings), in subsection (3)(a)(iii) at the end insert “ or that the defendant did the act or made the omission charged against him ”.

Commencement Information

I109Sch. 8 para. 5 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)

I110Sch. 8 para. 5 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

6U.K.For the heading to Part 2 substitute “ APPEALS FROM THE COURT MARTIAL ”.

Commencement Information

I111Sch. 8 para. 6 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)

I112Sch. 8 para. 6 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

7U.K.In section 8 (right of appeal against conviction or sentence)—

(a)in subsection (1)—

(i)for “court-martial” substitute “ the Court Martial ”;

(ii)in paragraph (b) at the end add “ , whether passed on conviction or in subsequent proceedings ”;

(b)omit subsections (1A) to (4).

Commencement Information

I113Sch. 8 para. 7 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)

I114Sch. 8 para. 7 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

8U.K.Omit section 10 (alternative procedure for appeal from court-martial abroad).

Commencement Information

I115Sch. 8 para. 8 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)

I116Sch. 8 para. 8 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

9U.K.In section 11(1) (consideration of application by Appeal Court) omit “the Judge Advocate of Her Majesty's Fleet or”.

10U.K.In section 12 (power to quash conviction as unsafe)—

(a)in subsection (1)(a) for “court-martial” substitute “ the Court Martial ”;

(b)after subsection (2) add—

(3)Where the Appeal Court quash a conviction, the appellant is to be treated as if he had been acquitted by the Court Martial; but this does not apply if an order under section 19 authorising the appellant to be retried is made.

Commencement Information

I117Sch. 8 para. 10 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)

I118Sch. 8 para. 10 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

11U.K.For section 13 (adjustment of sentence in case of conviction on two or more charges) substitute—

13Power to re-sentence when some but not all convictions successfully appealed

(1)This section applies where—

(a)on a single occasion a person is sentenced by the Court Martial in respect of two or more offences; and

(b)the Appeal Court allow an appeal against conviction in respect of some but not all of the offences.

(2)The Court may in respect of any offence of which the appellant remains convicted pass, in substitution for the sentence passed by the Court Martial, any sentence that—

(a)they think appropriate; and

(b)is a sentence that the Court Martial had power to pass.

(3)But the Court may not exercise their powers under subsection (2) in such a way that the appellant's sentences (taken together) for all the offences of which he remains convicted are more severe than the sentences (taken together) passed on him by the Court Martial on the occasion mentioned in subsection (1)(a).

(4)The reference in subsection (3) to the sentences passed by the Court Martial includes those passed by that court in respect of offences as respects which appeals against conviction have been allowed.

Commencement Information

I119Sch. 8 para. 11 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)

I120Sch. 8 para. 11 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

12(1)Section 14 (substitution of conviction on different charge) is amended as follows.U.K.

(2)In the sidenote, at the end add “ otherwise than after guilty plea ”.

(3)For subsection (1) substitute—

(1)This section applies where—

(a)an appellant has been convicted of an offence to which he did not plead guilty;

(b)the Court Martial could lawfully have found him guilty of some other offence; and

(c)it appears to the Appeal Court on an appeal against conviction that the Court Martial must have been satisfied of facts which prove him guilty of that other offence.

(4)In subsection (2)—

(a)for “court-martial” in both places substitute “ Court Martial ”;

(b)for the words from “such sentence as” to the end substitute any sentence that—

(a)they think appropriate;

(b)is a sentence that the Court Martial would have had power to pass in respect of that other offence; and

(c)is not more severe than the sentence passed by the Court Martial.

Commencement Information

I121Sch. 8 para. 12 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)

I122Sch. 8 para. 12 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

13U.K.In section 14A (substitution of conviction on different charge after guilty plea), in subsection (2) for the words from “court-martial” to the end substitute Court Martial, any sentence that—

(a)they think appropriate;

(b)is a sentence that the Court Martial would have had power to pass in respect of that other offence; and

(c)is not more severe than the sentence passed by the Court Martial.

Commencement Information

I123Sch. 8 para. 13 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)

I124Sch. 8 para. 13 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

14U.K.Omit section 15 (variation of conviction so as to attract different sentence).

Commencement Information

I125Sch. 8 para. 14 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)

I126Sch. 8 para. 14 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

15U.K.In section 16 (substitution of finding of insanity etc)—

(a)in subsection (1) after “are of” insert “ the ”;

(b)for subsections (2) to (4) substitute—

(1A)The Appeal Court shall, instead of allowing or dismissing the appeal, substitute for the finding appealed against—

(a)a finding of not guilty by reason of insanity; or

(b)findings that the appellant was unfit to stand trial and that he did the act or made the omission charged against him.

(2)Sections 169(2) to (5) and 170 of, and Schedule 4 to, the 2006 Act apply (with any necessary modifications) in relation to the Appeal Court as they apply in relation to the Court Martial in a case in which section 169 of that Act applies.

(3)Section 172 of that Act (meaning of “duly approved” etc) applies for the purposes of this section (and references there to the defendant are to be read as references to the appellant).;

(c)in subsection (5) for “a judicial officer” in both places substitute “ the Court Martial ”;

(d)omit subsection (6).

Commencement Information

I127Sch. 8 para. 15 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)

I128Sch. 8 para. 15 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

16U.K.For section 16A (powers on appeals against sentence) substitute—

16AAppeals against sentence

(1)Where, on a single occasion, the Court Martial passes two or more sentences on a person, an appeal or application for leave to appeal against any of those sentences is to be treated as an appeal or application in respect of both or all of them.

(2)On an appeal against sentence the Appeal Court may quash the sentence passed by the Court Martial and pass in substitution for it any sentence that—

(a)they think appropriate; and

(b)is a sentence that the Court Martial had power to pass in respect of the offence.

(3)But the Court may not exercise their powers under subsection (2) in such a way that, taking the case as a whole, the appellant is dealt with more severely on appeal than he was dealt with by the Court Martial.

Commencement Information

I129Sch. 8 para. 16 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)

I130Sch. 8 para. 16 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

17U.K.In section 17 (sentences passed by the Appeal Court)—

(a)in the sidenote for “or 15” substitute “ , 14A or 16A ”;

(b)for subsection (1) substitute—

(1)Unless the Court otherwise direct, a sentence passed by the Appeal Court under section 13, 14, 14A or 16A takes effect from the beginning of the day on which the Court Martial passed sentence.;

(c)omit subsection (2).

Commencement Information

I131Sch. 8 para. 17 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)

I132Sch. 8 para. 17 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

18U.K.Omit section 17A (application of certain provisions of SDAs in relation to appeals by civilians).

Commencement Information

I133Sch. 8 para. 18 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)

I134Sch. 8 para. 18 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

19U.K.Omit section 18 (retrial generally excluded).

Commencement Information

I135Sch. 8 para. 19 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)

I136Sch. 8 para. 19 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

20U.K.In section 19 (power to authorise retrial in certain cases)—

(a)in subsection (1) for “court-martial” substitute “ the Court Martial ”;

(b)in subsection (2) for the words from “the restrictions” to the end substitute “ section 63 of the 2006 Act (service proceedings barring subsequent service proceedings). ”;

(c)in subsection (3)—

(i)for the words from the beginning to “other than” substitute “ An order under this section may authorise the appellant to be retried for ”;

(ii)in paragraph (a) for “original court-martial” substitute “ Court Martial ”;

(iii)in paragraph (b) for “at the original court-martial” substitute “ by the Court Martial ”;

(iv)in paragraph (c) for “court-martial” substitute “ Court Martial ”;

(d)in subsection (4) for the words from “but whether” to the end substitute “ if any such direction is made the Director of Service Prosecutions must bring the charge or charges so specified (which are to be regarded for the purposes of Part 5 of the 2006 Act as allocated for Court Martial trial). ”;

(e)after that subsection add—

(5)Section 125 of the 2006 Act (powers of DSP after charge) has effect in relation to a charge on which a person is to be retried under this section (whether or not a fresh charge) subject to such modifications as may be contained in Court Martial rules (within the meaning of that Act).

Commencement Information

I137Sch. 8 para. 20 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)

I138Sch. 8 para. 20 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

21U.K.In section 20 (implementation of authority for retrial etc)—

(a)for subsection (1) substitute—

(1)Where—

(a)an order under section 19 authorising the retrial of a person has been made, and

(b)the person has not been arraigned (in pursuance of the order) within three months beginning with the date of the order,

the person may not be arraigned unless the Appeal Court give leave.

(1A)A person who may not be arraigned without the leave of the Appeal Court may apply to the Court to set aside the order under section 19.

(1B)On an application under subsection (1) or (1A) the Appeal Court may—

(a)grant leave to arraign; or

(b)set aside the order under section 19.

(1C)But leave to arraign may be granted only if the Appeal Court are satisfied—

(a)that the prosecution has acted with all due expedition; and

(b)that there is a good and sufficient reason for a retrial in spite of the lapse of time since the order under section 19 was made.

(1D)Where an order under section 19 authorising the retrial of a person for an offence is set aside, the person is to be treated as if he had been acquitted by the Court Martial of the offence.

(1E)Where the Appeal Court authorise the retrial of a person they may—

(a)by order authorise the keeping of that person in service custody—

(i)for such period, ending not later than 8 days after the date the order is made, as the Court think appropriate; or

(ii)if the person is legally represented and consents, for such period, not exceeding 28 days, as the Court think appropriate; or

(b)require that person to comply with such requirements as seem to the Court to be necessary for a purpose mentioned in section 107(3) of the 2006 Act.

(1F)Where the person is in service custody the Appeal Court may under subsection (1E)(b) impose a requirement that must be complied with before the person may be released.

(1G)An order under subsection (1E)(a) is to be treated, for the purposes of Part 4 of the 2006 Act, as made under section 105(2) of that Act.

(1H)A requirement imposed under subsection (1E)(b) is to be treated, for the purposes of Part 4 of the 2006 Act, as imposed under section 107(3) of that Act (and, where appropriate, by virtue of section 107(3)(a) of that Act).;

(b)after subsection (2) insert—

(2A)In subsection (2) “relevant time” means—

(a)where arraignment takes place within the three months referred to in subsection (1)—

(i)if the defendant is convicted on his retrial, the end of 28 days beginning with the date of conviction;

(ii)otherwise, the time when the case is finally disposed of;

(b)where arraignment does not take place within those three months, the end of those three months.;

(c)in subsection (3)—

(i)for “a direction” substitute “ an order or direction ”;

(ii)after “that” insert “ order or ”;

(d)after that subsection insert—

(3A)In subsection (3) “relevant time” means—

(a)where arraignment takes place within the three months referred to in subsection (1), the time when the case is finally disposed of;

(b)otherwise, the end of those three months.;

(e)in subsection (4) for “Part VI of the Mental Health (Scotland) Act 1984” substitute “ the Mental Health (Care and Treatment) (Scotland) Act 2003 ”;

(f)omit subsection (5);

(g)in subsection (6) omit the words from “of this Act” to the end.

Commencement Information

I139Sch. 8 para. 21(a)(b)(d)-(g) 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)

I140Sch. 8 para. 21(a)(b)(d)-(g) in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

I141Sch. 8 para. 21(c) in force at 24.6.2008 by S.I. 2008/1650, art. 4(a)

22U.K.In section 21 (appeal against finding of not guilty by reason of insanity)—

(a)in subsection (1)—

(i)for “court-martial” substitute “ the Court Martial ”;

(ii)omit the words from “; and in relation to” to the end;

(b)after that subsection insert—

(1A)On an appeal under this section the Appeal Court—

(a)shall (subject to subsection (2)) allow the appeal if they think the finding is unsafe; and

(b)shall dismiss the appeal in any other case.

(1B)Sections 19 and 20 and paragraph 2 of Schedule 1 apply in relation to appeals under this section as they apply in relation to appeals against conviction (and references there to conviction, and to related expressions, are to be read accordingly).;

(c)in subsection (2) before “opinion” insert “ the ”.

Commencement Information

I142Sch. 8 para. 22 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)

I143Sch. 8 para. 22 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

23U.K.In section 22 (consequences where appeal under section 21 allowed)—

(a)in subsection (2)—

(i)before “opinion” insert “ the ”;

(ii)for “court-martial” in both places substitute “ Court Martial ”;

(b)in subsection (3)—

(i)for “court-martial which tried him” substitute “ Court Martial ”;

(ii)for the words “section 13, 14 or 15 of this Act” substitute “ a provision mentioned in section 17(1) ”;

(c)for subsection (4) substitute—

(3A)If the Appeal Court, on the written or oral evidence of two or more registered medical practitioners at least one of whom is duly approved, are of the opinion mentioned in section 16(1)(b) (court below ought to have found defendant unfit to stand trial etc)—

(a)the Court shall substitute for the finding of the Court Martial findings that the appellant was unfit to stand trial and that he did the act or made the omission charged against him; and

(b)section 16(2) to (5) apply as they apply for the purposes of section 16.

(3B)Section 172 of the 2006 Act (meaning of “duly approved” etc) applies for the purposes of subsection (3A) (and references there to the defendant are to be read as references to the appellant).

(4)If the case is not within subsection (2) or (3A), the Appeal Court must quash the finding appealed against.

(5)Where the Appeal Court quash a finding of not guilty by reason of insanity, the appellant is to be treated as if he had been acquitted by the Court Martial; but this does not apply if an order under section 19 authorising the appellant to be retried is made.

Commencement Information

I144Sch. 8 para. 23 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)

I145Sch. 8 para. 23 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

24U.K.Omit section 23 (substitution of finding of unfitness to stand trial etc).

Commencement Information

I146Sch. 8 para. 24 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)

I147Sch. 8 para. 24 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

25U.K.In section 24 (appeal against finding of unfitness)—

(a)in subsection (1) for “a court-martial” substitute “ the Court Martial ”;

(b)omit subsection (2).

Commencement Information

I148Sch. 8 para. 25 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)

I149Sch. 8 para. 25 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

26(1)Section 25 (disposal of appeals under section 24) is amended as follows.U.K.

(2)After subsection (1) insert—

(1A)The Appeal Court—

(a)shall allow an appeal against a finding if they think the finding is unsafe; and

(b)shall dismiss such an appeal in any other case.

(1B)If the Appeal Court allow an appeal against a finding they shall quash the finding.

(3)In subsection (2)—

(a)for “allow an appeal against” substitute “ quash ”;

(b)in paragraph (a) for “appellant may be tried accordingly” substitute “ Court may make an order authorising the appellant to be tried ”;

(c)for paragraph (b) substitute—

(b)if such an order is made, section 20 and paragraph 2 of Schedule 1 apply in relation to the case as they apply in relation to a case in which an order under section 19 is made (and references there to conviction, and to related expressions, are to be read accordingly).

(4)For subsection (3) substitute—

(3)Where the Appeal Court quash a finding that the defendant did the act or made the omission charged, the appellant is to be treated as if he had been acquitted by the Court Martial; but this does not apply if an order under subsection (2)(a) authorising the appellant to be tried is made.

Commencement Information

I150Sch. 8 para. 26 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)

I151Sch. 8 para. 26 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

27U.K.For section 25A (right of appeal against hospital order etc) substitute—

25ARight of appeal against hospital order etc

(1)A person may, with the leave of the Appeal Court, appeal against the making by the Court Martial of an order within subsection (2) in respect of him.

(2)The orders are—

(a)a hospital order;

(b)an interim hospital order;

(c)a service supervision order (as defined by section 170 of the 2006 Act).

Commencement Information

I152Sch. 8 para. 27 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)

I153Sch. 8 para. 27 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

28U.K.In section 25B (disposal of appeals under section 25A)—

(a)in subsections (1) and (2) for “court below” in each place substitute “ Court Martial ”;

(b)in subsection (2) omit “under the Mental Health Act 1983”;

(c)for subsections (3) to (5) substitute—

(3)Section 16(5) applies in relation to interim hospital orders made by virtue of this section as it applies in relation to such orders made by virtue of section 16.

(4)The fact that an appeal is pending against a service supervision order (as defined by section 170 of the 2006 Act) shall not affect any power conferred on any other court to revoke or amend the order.

Commencement Information

I154Sch. 8 para. 28 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)

I155Sch. 8 para. 28 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

29U.K.Omit section 26 (presentation of appellant's case).

Commencement Information

I156Sch. 8 para. 29 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)

I157Sch. 8 para. 29 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

30U.K.For section 27 (presence of appellant at hearing) substitute—

27Right of appellant to be present

(1)An appellant (whether or not in custody) is entitled to be present on the hearing of his appeal.

(2)Subsection (1) does not apply to an appellant in custody—

(a)where his appeal is on a ground involving only a question of law,

(b)on an application by him for leave to appeal, or

(c)on any proceedings preliminary or incidental to an appeal,

unless the Appeal Court give him leave to be present.

Commencement Information

I158Sch. 8 para. 30 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)

I159Sch. 8 para. 30 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

31U.K.In section 28 (evidence)—

(a)in subsection (1)—

(i)in paragraph (b), for “at the trial” in the first place where it occurs substitute “ in the proceedings from which the appeal lies ” and in the second place where it occurs substitute “ in those proceedings ”;

(ii)in paragraph (c) for “at the trial” substitute “ in the proceedings from which the appeal lies ”;

(b)in subsection (2)—

(i)in paragraph (c) for “at the trial” substitute “ in the proceedings from which the appeal lies ”;

(ii)in paragraph (d) for “at the trial” substitute “ in those proceedings ”.

Commencement Information

I160Sch. 8 para. 31 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)

I161Sch. 8 para. 31 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

32U.K.In section 29 (power to call for report by member of trial court)—

(a)in the sidenote for “trial court” substitute “ the Court Martial ”;

(b)in subsection (1) for the words from “court-martial” to “trial,” substitute “ court in the proceedings from which the appeal lies ”;

(c)omit subsection (2).

Commencement Information

I162Sch. 8 para. 32 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)

I163Sch. 8 para. 32 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

33U.K.In section 31 (costs of successful appeal) in subsection (2), for the words from “case” to the end substitute “ proceedings (in the Appeal Court and below). ”

Commencement Information

I164Sch. 8 para. 33 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)

I165Sch. 8 para. 33 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

34U.K.In section 32 (costs against appellant) in subsection (2) for paragraph (b) substitute—

(b)if the appellant or applicant is a member of the regular or reserve forces (as defined by section 374 of the 2006 Act), by making deductions from pay due to him,.

Commencement Information

I166Sch. 8 para. 34 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)

I167Sch. 8 para. 34 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

35U.K.In section 33 (witnesses' expenses) after subsection (1) insert—

(1A)Subsection (1) applies in relation to a registered medical practitioner who makes a written report to the Appeal Court in pursuance of a request made by the court as it applies in relation to a person who is called to give evidence at the instance of the court.

Commencement Information

I168Sch. 8 para. 35 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)

I169Sch. 8 para. 35 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

36U.K.In section 34 (reference of cases by service authorities)—

(a)in subsection (1)—

(i)for “court-martial” in the first place where it occurs substitute “ the Court Martial ” and in the other three places where it occurs substitute “ Court Martial ”;

(ii)in paragraph (a) omit “the Judge Advocate of Her Majesty's Fleet or”;

(iii)for “the Judge Advocate of Her Majesty's Fleet, the Judge Advocate General” substitute “ the Judge Advocate General ”;

(b)omit subsection (3);

(c)in subsection (4) for “a court-martial” substitute “ the Court Martial ”.

Commencement Information

I170Sch. 8 para. 36(a)(i)(b)(c) 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)

I171Sch. 8 para. 36(a)(i)(b)(c) in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

37U.K.In section 36 (powers exercisable by single judge) in subsection (1)—

(a)omit “under this Part of this Act”;

(b)omit paragraph (a);

(c)after paragraph (c) insert—

(ca)to make orders, or impose requirements, under section 20(1E);;

(d)in paragraph (g) omit the words from “and the power” to the end;

(e)after paragraph (h) insert—

(i)to give a direction under section 3(4) of the Sexual Offences (Amendment) Act 1992 (direction disapplying provision as to anonymity of victim);

(j)to give leave under section 14(4B) of the Criminal Appeal Act 1995 (leave to add grounds of appeal on reference by Criminal Cases Review Commission);.

Commencement Information

I172Sch. 8 para. 37(a) in force at 24.6.2008 by S.I. 2008/1650, art. 4(a)

I173Sch. 8 para. 37(b)-(e) 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)

I174Sch. 8 para. 37(b)-(e) in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

38U.K.In section 36C (appeals against procedural directions) in subsection (5)(b)—

(a)for “Defence Council” substitute “ Director of Service Prosecutions ”;

(b)for “Defence Council's” substitute “ Director of Service Prosecutions' ”.

Commencement Information

I175Sch. 8 para. 38 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)

I176Sch. 8 para. 38 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

39U.K.For section 37 (provision of documents relating to trial) substitute—

37Provision of record of proceedings of the Court Martial

In the case of every appeal or application for leave to appeal to the Appeal Court, the Judge Advocate General must provide the registrar, in accordance with rules of court, with a record of the proceedings of the Court Martial.

Commencement Information

I177Sch. 8 para. 39 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)

I178Sch. 8 para. 39 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

40U.K.In section 38 (defence of appeals) for “Defence Council” substitute “ Director of Service Prosecutions ”.

Commencement Information

I179Sch. 8 para. 40 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)

I180Sch. 8 para. 40 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

41U.K.For the heading to Part 3 substitute “ APPEAL FROM COURT MARTIAL APPEAL COURT TO SUPREME COURT ”.

Commencement Information

I181Sch. 8 para. 41 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)

I182Sch. 8 para. 41 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

42U.K.In section 39 (right of appeal to Supreme Court) in subsection (1) for “Defence Council” substitute “ Director of Service Prosecutions ”.

Commencement Information

I183Sch. 8 para. 42 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)

I184Sch. 8 para. 42 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

43U.K.In section 43 (detention of accused)—

(a)for subsection (1) substitute—

(1)The Appeal Court may make an order under this section where—

(a)but for the decision of the Appeal Court, the accused would be liable to be detained; and

(b)immediately after that decision, the Director of Service Prosecutions is granted leave to appeal or gives notice that he intends to apply for leave to appeal.

(1A)An order under this section is—

(a)an order providing for the detention of the accused so long as any appeal to the Supreme Court is pending; or

(b)an order directing that, so long as any appeal to the Supreme Court is pending, the accused is not to be released except on bail.

(1B)Where an order within subsection (1A)(b) is made, the Appeal Court may grant the accused bail pending the appeal.;

(b)in subsection (4) for “Mental Health (Scotland) Act 1984” substitute “ Mental Health (Care and Treatment) (Scotland) Act 2003 ”.

Commencement Information

I185Sch. 8 para. 43(a) 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)

I186Sch. 8 para. 43(a) in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

I187Sch. 8 para. 43(b) in force at 24.6.2008 by S.I. 2008/1650, art. 4(a)

44U.K.Omit section 46 (restitution of property).

Commencement Information

I188Sch. 8 para. 44 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)

I189Sch. 8 para. 44 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

45U.K.In section 47 (costs)—

(a)in subsection (1) for “Secretary of State” in the first place where it occurs substitute “ Director of Service Prosecutions ”;

(b)in subsection (3) for the words from “case up to” to the end substitute “ proceedings (in the Supreme Court and below). ”

Commencement Information

I190Sch. 8 para. 45 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)

I191Sch. 8 para. 45 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

46(1)Section 48A (appeals on behalf of deceased persons) is amended as follows.U.K.

(2)In subsection (1)(b) after “above” insert “ or by a reference by the Criminal Cases Review Commission ”.

(3)In subsection (3)(c) for “Court of Appeal” substitute “ Appeal Court ”.

(4)In subsection (4) at the beginning insert “ Except in the case of an appeal begun by a reference by the Criminal Cases Review Commission, ”.

Commencement Information

I192Sch. 8 para. 46 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)

I193Sch. 8 para. 46 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

47U.K.In section 50 (duties of registrar with respect to appeals etc)—

(a)in subsection (1) for “court-martial by which the appellant or applicant was tried” substitute “ Court Martial ”;

(b)in subsection (2) for “court-martial” substitute “ the Court Martial ”.

Commencement Information

I194Sch. 8 para. 47 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)

I195Sch. 8 para. 47 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

48U.K.In section 52 (removal of prisoners) for paragraphs (a) to (c) substitute—

(a)section 300 of the 2006 Act;.

Commencement Information

I196Sch. 8 para. 48 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)

I197Sch. 8 para. 48 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

49U.K.In section 54 (saving for prerogative) in subsection (1) for “court-martial” substitute “ the Court Martial ”.

Commencement Information

I198Sch. 8 para. 49 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)

I199Sch. 8 para. 49 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

50U.K.For section 56 substitute—

56Modifications for protected prisoners of war

As respects a protected prisoner of war (as defined by section 7(1) of the Geneva Conventions Act 1957), this Act applies in relation to a prisoner of war court-martial constituted under a Royal Warrant as it applies in relation to the Court Martial, subject to such modifications as may be contained in the Royal Warrant.

Commencement Information

I200Sch. 8 para. 50 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)

I201Sch. 8 para. 50 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

51(1)Section 57 (interpretation) is amended as follows.U.K.

(2)In subsection (1)—

(a)after “unless the context otherwise requires,—” insert—

the 2006 Act” means the Armed Forces Act 2006;;

(b)omit the definitions of—

  • “the Air Force Act”;

  • “air force court-martial”;

  • “the Army Act”;

  • “army court-martial”;

  • “court-martial”;

  • “duly approved”;

  • “the Judge Advocate General”;

  • “judicial officer”;

  • “the Naval Discipline Act”;

  • “naval court-martial”;

  • “restriction order”;

  • “supervision order”;

(c)in the definition of “appellant” omit “has been tried by court-martial and”;

(d)after the definition of “court-martial” (omitted by virtue of sub-paragraph (b)) insert—

Director of Service Prosecutions” has the meaning given by section 374 of the 2006 Act;.

(3)Omit subsections (2) to (2B).

(4)In subsection (3) for the words from “the accused in the court-martial” to the end substitute “ the appellant in the Appeal Court. ”

Commencement Information

I202Sch. 8 para. 51 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)

I203Sch. 8 para. 51 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

52U.K.Omit section 58 (consequential amendments).

Commencement Information

I204Sch. 8 para. 52 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)

I205Sch. 8 para. 52 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

53U.K.In section 61 (short title and commencement), in subsection (1) for “Courts-Martial (Appeals) Act 1968” substitute “ Court Martial Appeals Act 1968 ”.

Commencement Information

I206Sch. 8 para. 53 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)

I207Sch. 8 para. 53 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

54U.K.For Schedule 1 (provisions as to retrial) substitute—

Section 20

SCHEDULE 1U.K.Provisions as to Retrial

1This Schedule applies where an order under section 19 is made authorising the retrial of a person.

2Evidence given at the retrial must be given orally if it was given orally at the original trial, unless—

(a)all parties to the retrial agree otherwise;

(b)section 116 of the Criminal Justice Act 2003 applies (admissibility of hearsay evidence where a witness is unavailable); or

(c)the witness is unavailable to give evidence, otherwise than as mentioned in subsection (2) of that section, and section 114(1)(d) of that Act applies (admission of hearsay evidence under residual discretion).

3If the person is convicted on the retrial, the Court Martial may not pass a sentence that is (or sentences that, taken together, are) more severe than the sentence (or the sentences, taken together) passed at the original trial.

4In sections 246 and 247 of the 2006 Act (crediting of time in service custody) as they apply in relation to the retrial, references to the offender being kept in service custody include references to his being kept in custody (whether service or otherwise) in pursuance of a sentence passed at the original trial.

Commencement Information

I208Sch. 8 para. 54 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)

I209Sch. 8 para. 54 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

55U.K.Omit Schedule 3 (modifications in relation to prisoners of war).

Commencement Information

I210Sch. 8 para. 55 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)

I211Sch. 8 para. 55 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

56U.K.Omit Schedule 4 (consequential amendments).

Commencement Information

I212Sch. 8 para. 56 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)

I213Sch. 8 para. 56 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Section 276

SCHEDULE 9U.K.Assessors of compensation for miscarriages of justice

1(1)A person is qualified for appointment as an assessor for the purposes of section 276 if he—U.K.

(a)has a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41);

(b)is an advocate or solicitor in Scotland;

(c)is a member of the Bar of Northern Ireland, or a solicitor of the Court of Judicature of Northern Ireland, of at least seven years' standing;

(d)holds or has held judicial office in any part of the United Kingdom;

(e)is a member (whether the chairman or not) of the Criminal Injuries Compensation Board; or

(f)has in a relevant territory rights and duties similar to those of a barrister or solicitor in England and Wales, has had those rights and duties for at least seven years, and is subject to punishment or disability for breach of professional rules.

(2)In this paragraph “relevant territory” means—

(a)any of the Channel Islands;

(b)the Isle of Man;

(c)a Commonwealth country; or

(d)a British overseas territory.

Commencement Information

I214Sch. 9 para. 1 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)

I215Sch. 9 para. 1 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

2U.K.A person shall hold and vacate office as an assessor in accordance with the terms of his appointment.

Commencement Information

I216Sch. 9 para. 2 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)

I217Sch. 9 para. 2 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

3U.K.A person shall vacate office as an assessor—

(a)if he ceases to be qualified for appointment as an assessor, or

(b)on attaining the age of 72,

unless the Secretary of State considers that it is in the interests of the efficient operation of section 276 that he should continue to hold office.

Commencement Information

I218Sch. 9 para. 3 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)

I219Sch. 9 para. 3 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

4U.K.A person may at any time resign his office as an assessor by notice in writing given to the Secretary of State.

Commencement Information

I220Sch. 9 para. 4 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)

I221Sch. 9 para. 4 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

5U.K.Subject to paragraph 6, the Secretary of State may at any time remove a person from office as an assessor if satisfied that—

(a)he has been convicted of a criminal offence;

(b)he has become bankrupt, has made an arrangement with his creditors, has had his estate sequestrated or has granted a trust deed for his creditors or a composition contract; F60...

[F61(ba)has had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986); or]

(c)he is unable or unfit to perform his duties.

Textual Amendments

Commencement Information

I222Sch. 9 para. 5 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)

I223Sch. 9 para. 5 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

6(1)The exercise of the power conferred by paragraph 5 is subject to the following provisions of this paragraph.U.K.

(2)In the case of a person who qualifies for appointment under—

(a)paragraph 1(1)(a), or

(b)paragraph 1(1)(d) by virtue of holding or having held judicial office in England and Wales,

that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of England and Wales.

(3)In the case of a person who qualifies for appointment under—

(a)paragraph 1(1)(b), or

(b)paragraph 1(1)(d) by virtue of holding or having held judicial office in Scotland,

that power shall only be exercisable with the consent of the Lord President of the Court of Session.

(4)In the case of a person who qualifies for appointment under—

(a)paragraph 1(1)(c), or

(b)paragraph 1(1)(d) by virtue of holding or having held judicial office in Northern Ireland,

that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of Northern Ireland.

Commencement Information

I224Sch. 9 para. 6 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)

I225Sch. 9 para. 6 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

7U.K.An assessor shall be paid such remuneration and allowances as the Secretary of State may determine.

Commencement Information

I226Sch. 9 para. 7 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)

I227Sch. 9 para. 7 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Section 278

SCHEDULE 10U.K.Proceedings of the Service Civilian Court

Court to sit in publicU.K.

1U.K.Subject to any provision made by SCC rules, the Service Civilian Court must sit in open court.

Commencement Information

I228Sch. 10 para. 1 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)

I229Sch. 10 para. 1 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Unfitness to stand trial and insanityU.K.

2U.K.Where on a trial of a charge by the Service Civilian Court any question arises (whether at the instance of the defence or otherwise)—

(a)whether the defendant is fit to stand trial, or

(b)where it appears that the defendant did the act or made the omission charged against him as the offence, whether he was insane at the time of the act or omission,

the court must refer the charge to the Court Martial for trial by that court.

Commencement Information

I230Sch. 10 para. 2 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)

I231Sch. 10 para. 2 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Privilege of witnesses and othersU.K.

3U.K.A witness before the Service Civilian Court or any other person whose duty it is to attend the court is entitled to the same immunities and privileges as a witness before a magistrates' court in England or Wales.

Commencement Information

I232Sch. 10 para. 3 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)

I233Sch. 10 para. 3 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Section 321

SCHEDULE 11U.K.Powers of the Criminal Cases Review Commission

Amendment of the Court Martial Appeals Act 1968U.K.

1U.K.After section 29 of the Court Martial Appeals Act 1968 insert—

29APower to order investigation by Criminal Cases Review Commission

(1)On an appeal against conviction or an application for leave to appeal against conviction, the Appeal Court may direct the Criminal Cases Review Commission to investigate and report to the Court on any matter if it appears to the Court that—

(a)in the case of an appeal, the matter is relevant to the determination of the appeal and ought, if possible, to be resolved before the appeal is determined;

(b)in the case of an application for leave to appeal, the matter is relevant to the determination of the application and ought, if possible, to be resolved before the application is determined;

(c)an investigation of the matter by the Commission is likely to result in the Court's being able to resolve it; and

(d)the matter cannot be resolved by the Court without an investigation by the Commission.

(2)A direction under subsection (1) above may not be given by a single judge, notwithstanding that, in the case of an application for leave to appeal, the application may be determined by a single judge as provided for by section 36 of this Act.

(3)A direction by the Appeal Court under subsection (1) above shall be given in writing and shall specify the matter to be investigated.

(4)Copies of such a direction shall be made available to the appellant and the respondent.

(5)Where the Commission have reported to the Appeal Court on any matter which they have been directed under subsection (1) above to investigate, the Court—

(a)shall notify the appellant and the respondent that the Commission have reported; and

(b)may make available to the appellant and the respondent the report of the Commission and any statements, opinions and reports which accompanied it.

(6)In this section “respondent” includes a person who will be a respondent if leave to appeal is granted.

Commencement Information

I234Sch. 11 para. 1 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)

I235Sch. 11 para. 1 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Amendments of the Criminal Appeal Act 1995U.K.

2U.K.After section 12 of the Criminal Appeal Act 1995 (c. 35) insert—

12ACases dealt with by the Court Martial

(1)Where a person has been convicted by the Court Martial (including on an appeal brought from the Service Civilian Court), the Commission—

(a)may at any time refer the conviction to the Court Martial Appeal Court, and

(b)(whether or not they refer the conviction) may at any time refer to the Court Martial Appeal Court any sentence (other than one fixed by law) imposed by the Court Martial on, or in subsequent proceedings relating to, the conviction.

(2)Where a person has been convicted by the Service Civilian Court and sentenced by the Court Martial on an appeal against sentence only, the Commission may at any time refer to the Court Martial Appeal Court that sentence of the Court Martial and any other sentence imposed by the Court Martial in respect of a connected conviction within the meaning given by section 12B(6).

(3)A reference under subsection (1) of a person's conviction shall be treated for all purposes as an appeal by the person under section 8 of the Court Martial Appeals Act against the conviction.

(4)On a reference under subsection (1) of a person's conviction, the Commission may give notice to the Court Martial Appeal Court that any related conviction specified in the notice is to be treated as referred to that court under subsection (1).

(5)A reference under subsection (1) of a sentence imposed on, or in subsequent proceedings relating to, a person's conviction shall be treated for all purposes as an appeal by the person under section 8 of the Court Martial Appeals Act against—

(a)the sentence, and

(b)any other sentence (other than one fixed by law) imposed by the Court Martial on, or in subsequent proceedings relating to, the conviction or any related conviction.

(6)A reference under subsection (2) of a person's sentence shall be treated for all purposes as an appeal by the person under section 8 of the Court Martial Appeals Act against—

(a)the sentence, and

(b)any other sentence imposed by the Court Martial in respect of a connected conviction within the meaning given by section 12B(6).

(7)Where a finding of not guilty by reason of insanity has been made by the Court Martial in the case of a person, the Commission may at any time refer the finding to the Court Martial Appeal Court; and a reference under this subsection shall be treated for all purposes as an appeal by the person under section 21 of the Court Martial Appeals Act against the finding.

(8)Where the Court Martial has found that a person is under a disability and that he did the act or made the omission charged against him, the Commission may at any time refer either or both of those findings to the Court Martial Appeal Court; and a reference under this subsection shall be treated for all purposes as an appeal by the person under section 24 of the Court Martial Appeals Act against the finding or findings referred.

(9)For the purposes of this section convictions are “related” if they are of the same person in the same proceedings.

12BCases dealt with by the Service Civilian Court

(1)Where a person has been convicted of an offence by the Service Civilian Court, the Commission—

(a)may at any time refer the conviction to the Court Martial; and

(b)(whether or not they refer the conviction) may at any time refer to the Court Martial any sentence imposed by the Service Civilian Court on, or in subsequent proceedings relating to, the conviction.

(2)A reference under subsection (1) of a person's conviction shall be treated for all purposes as an appeal by the person under section 285 of the Armed Forces Act 2006 against the conviction (whether or not he pleaded guilty).

(3)A reference under subsection (1) of a sentence imposed on, or in subsequent proceedings relating to, a person's conviction shall be treated for all purposes as an appeal by the person under section 285 of the Armed Forces Act 2006 against—

(a)the sentence, and

(b)any other sentence imposed by the Service Civilian Court on, or in subsequent proceedings relating to, the conviction or any connected conviction.

(4)On a reference under subsection (1) of a person's conviction, the Commission may give notice to the Court Martial that any connected conviction which is specified in the notice is to be treated as referred to the Court Martial under subsection (1).

(5)On a reference under this section the Court Martial may not impose a sentence more severe than that imposed by the Service Civilian Court.

(6)For the purposes of this section convictions are “connected” if they are of the same person by the same court on the same day.

Commencement Information

I236Sch. 11 para. 2 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)

I237Sch. 11 para. 2 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

3U.K.In section 13(1) of that Act (conditions for making of references), for “12” substitute “ 12B ”.

Commencement Information

I238Sch. 11 para. 3 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)

I239Sch. 11 para. 3 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

4(1)Section 14 of that Act (further provisions about references) is amended as follows.U.K.

(2)In subsection (1) for “12” substitute “ 12B ”.

(3)In subsection (2) for “12” substitute “ 12B ”.

(4)In subsection (3)—

(a)for “9 or 10” substitute “ 9, 10 or 12A ”;

(b)after “Court of Appeal”, in the first place where it occurs, insert “ or, as the case may be, of the Court Martial Appeal Court ”;

(c)for “Court of Appeal”, in the second place where it occurs, substitute “ court to which the reference is made ”.

(5)In subsection (4) for “12” substitute “ 12B ”.

(6)In subsection (4A) for “9 or 10” substitute “ 9, 10 or 12A ”.

(7)In subsection (4B) after “Court of Appeal” insert “ or, as the case may be, the Court Martial Appeal Court ”.

(8)In subsection (5) for “11 or 12” substitute “ 11, 12 or 12B ”.

(9)In subsection (6) for “12” substitute “ 12B ”.

Commencement Information

I240Sch. 11 para. 4 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)

I241Sch. 11 para. 4 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

5(1)Section 15 of that Act (investigations for Court of Appeal) is amended as follows.U.K.

(2)In the sidenote after “Court of Appeal” insert “ and Court Martial Appeal Court ”.

(3)In subsection (1)—

(a)after “a direction” insert “ (a relevant direction) ”;

(b)after “1980 Act” insert “ or by the Court Martial Appeal Court under section 29A(1) of the Court Martial Appeals Act, ”.

(4)In subsection (2) for “Court of Appeal” substitute “ relevant Court ”.

(5)In subsection (3)—

(a)in paragraph (a)—

(i)for “Court of Appeal” substitute “ relevant Court ”;

(ii)for the words from “direction” to “1980 Act” substitute “ relevant direction ”;

(b)in paragraph (b) for “Court of Appeal” substitute “ relevant Court ”.

(6)In subsection (4)—

(a)for the words from “report to” to “1980 Act” substitute “ report to the relevant Court on the investigation of any matter specified in a relevant direction ”;

(b)for “Court of Appeal”, in the second place where it occurs, substitute “ relevant Court ”.

(7)After subsection (7) add—

(8)In this section “relevant Court”, in relation to a direction, means the court that gave the direction.

Commencement Information

I242Sch. 11 para. 5 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)

I243Sch. 11 para. 5 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

6U.K.In section 16 of that Act (assistance in connection with prerogative of mercy), after subsection (2) add—

(3)In subsection (1) “conviction” includes a conviction by the Court Martial or the Service Civilian Court, and in subsection (2) “case” includes the case of such a conviction.

Commencement Information

I244Sch. 11 para. 6 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)

I245Sch. 11 para. 6 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

7(1)Section 18 of that Act (Government documents etc relating to current or old cases) is amended as follows.U.K.

(2)In subsection (2) at the end of paragraph (b) add or

(c)is considering the case, or has at any earlier time considered the case, with a view to deciding whether to make a reference under section 34 of the Court Martial Appeals Act or whether to recommend the exercise of Her Majesty's prerogative of mercy in relation to a conviction by the Court Martial or the Service Civilian Court.

(3)After subsection (4) add—

(5)The Secretary of State shall, if required by the Commission to do so, give to the Commission any document or other material which—

(a)contains representations made to him in relation to any case to which this subsection applies, or

(b)was received by him in connection with any such case otherwise than from a person serving in a government department,

and may give to the Commission any document or other material which is relevant to any such case but does not fall within paragraph (a) or (b).

(6)Subsection (5) applies to a case if the Secretary of State is considering the case, or has at any earlier time considered the case, as mentioned in subsection (2)(c).

Commencement Information

I246Sch. 11 para. 7 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)

I247Sch. 11 para. 7 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

8(1)Section 19 of that Act (power to require appointment of investigating officers) is amended as follows.U.K.

(2)In subsection (3) after “police” insert “ or Provost Marshal ”.

(3)In subsection (4)(b) for the words from “in another” to the end substitute “ either in another police force selected by the chief officer or in a service police force selected by him. ”.

(4)After subsection (4) insert—

(4A)A requirement under this section imposed on a Provost Marshal may be—

(a)a requirement to appoint a person serving in the service police force in relation to which he is Provost Marshal, or

(b)a requirement to appoint a person serving either in a police force selected by the Provost Marshal or in another service police force selected by him.

(5)In subsection (5)—

(a)for the words from “imposed” to “may be” substitute “ imposed otherwise than on a chief officer of police or a Provost Marshal may be ”;

(b)in paragraph (a) after “body” insert “ in relation to which the person on whom the requirement is imposed is the appropriate person ”;

(c)in paragraph (b) for the words from “police force” to “having” substitute “ police force or service police force, or in a public body (other than such a force) having ”.

(6)In subsection (6)—

(a)after “police force” insert “ or service police force ”;

(b)after “(4)” insert “ , (4A) ”.

Commencement Information

I248Sch. 11 para. 8 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)

I249Sch. 11 para. 8 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

9(1)Section 22 of that Act (meaning of “public body” etc) is amended as follows.U.K.

(2)In subsection (4) (meaning of “the appropriate person”), after “means” insert “ , subject to subsection (4B) ”.

(3)After subsection (4) add—

(4A)Subsection (4B) applies in relation to—

(a)the Royal Navy, the Royal Marines, the Royal Fleet Reserve, the Royal Naval Reserve and the Royal Marines Reserve,

(b)the regular army (within the meaning of the Armed Forces Act 2006), the Army Reserve and the Territorial Army, and

(c)the Royal Air Force, the Royal Air Force Reserve and the Royal Auxiliary Air Force.

(4B)In relation to a public body mentioned in subsection (4A), “the appropriate person” means—

(a)in section 17, the Secretary of State;

(b)in sections 19 and 20—

(i)in the case of a body mentioned in subsection (4A)(a), the Provost Marshal for the Royal Navy Police,

(ii)in the case of a body mentioned in subsection (4A)(b), the Provost Marshal for the Royal Military Police,

(iii)in the case of a body mentioned in subsection (4A)(c), the Provost Marshal for the Royal Air Force Police.

(4C)In section 19 “service police force” has the same meaning as in the Armed Forces Act 2006.

Commencement Information

I250Sch. 11 para. 9 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)

I251Sch. 11 para. 9 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

10(1)Section 30 of that Act is amended as follows.U.K.

(2)In subsection (1) after the definition of “the Commission” insert—

the Court Martial Appeals Act” means the Court Martial Appeals Act 1968,.

(3)In subsection (2) (meaning of “sentence”), after paragraph (d) add—

(e)in section 12A has the same meaning as in the Court Martial Appeals Act,

(f)in section 12B has the same meaning as in section 285 of the Armed Forces Act 2006.

Commencement Information

I252Sch. 11 para. 10 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)

I253Sch. 11 para. 10 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

11(1)In section 33 of that Act (extent), after subsection (4) add—U.K.

(5)Nothing in this section affects the extent of—

(a)section 12A or 12B;

(b)section 14(4A) and (4B) so far as relating to the Court Martial Appeal Court; or

(c)section 14(5) so far as relating to the Service Civilian Court.

(6)Section 384 of the Armed Forces Act 2006 (Channel Islands, Isle of Man and British overseas territories) applies in relation to the provisions mentioned in subsection (5) above as it applies in relation to that Act.

Commencement Information

I254Sch. 11 para. 11 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)

I255Sch. 11 para. 11 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Section 351

SCHEDULE 12U.K.Detention etc of persons in overseas service hospitals

The relevant conditionsU.K.

1(1)In this Schedule references to the relevant conditions, in relation to a person, are to the following conditions.U.K.

(2)Condition A is that the person is suffering from mental disorder.

(3)Condition B is that the mental disorder is of such a nature or degree as to warrant his detention in a hospital for assessment or treatment for at least a limited period.

(4)Condition C is that it is necessary that the person be so detained—

(a)in the interests of his own health or safety; or

(b)with a view to the protection of others.

Commencement Information

I256Sch. 12 para. 1 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(b) (with transitional provisions in S.I. 2009/1059)

Order for person's detention in overseas service hospitalU.K.

2(1)This paragraph has effect in relation to—U.K.

(a)a person subject to service law, or

(b)a civilian subject to service discipline,

outside the British Islands.

(2)Sub-paragraph (3) applies if it appears to the person's commanding officer that all the relevant conditions are met in the case of the person and—

(a)two registered medical practitioners make recommendations that an order under that sub-paragraph should be made in relation to the person; or

(b)the case is urgent and one registered medical practitioner makes a recommendation that such an order should be made in relation to the person.

(3)The commanding officer may make an order—

(a)in a case where, at the time the order is made, the person has been admitted to an overseas service hospital and has not been discharged—

(i)for the person's detention in that service hospital for assessment or treatment; or

(ii)for the person's admission to and detention in another overseas service hospital specified in the order for assessment or treatment;

(b)otherwise, for the person's admission to and detention in an overseas service hospital specified in the order for assessment or treatment.

(4)Sub-paragraph (5) applies if—

(a)the person's commanding officer makes an order under sub-paragraph (3) for the person's detention in (or admission to and detention in) a service hospital on the recommendation of one registered medical practitioner; and

(b)while the order is in force, there is produced to him a recommendation of another registered medical practitioner that an order under sub-paragraph (5) should be made in relation to the person.

(5)The commanding officer may make an order—

(a)for the person's further detention in that service hospital for assessment or treatment; or

(b)for the person's admission to and detention in another overseas service hospital specified in the order for assessment or treatment.

(6)See paragraph 4 for requirements as to recommendations under this paragraph.

Commencement Information

I257Sch. 12 para. 2 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(b) (with transitional provisions in S.I. 2009/1059)

Effect of order under paragraph 2U.K.

3(1)This paragraph makes provision as to the effect of an order of a person's commanding officer under paragraph 2.U.K.

(2)An order under paragraph 2(3) has effect—

(a)if made by virtue of paragraph 2(2)(a), for 28 days;

(b)if made by virtue of paragraph 2(2)(b), for 5 days.

(3)An order under paragraph 2(5) has effect for 28 days from the date of the order under paragraph 2(3) referred to in paragraph 2(4).

(4)While in force, the order is sufficient authority—

(a)in a case where the order is made under paragraph 2(3)(a)(ii) or (b) or (5)(b), for the person to be taken and conveyed to the service hospital specified in the order;

(b)in any case, for the person to be detained in the service hospital specified in the order; and

(c)in a case where arrangements are made for the person to be removed to the United Kingdom for further assessment or treatment, for him to be—

(i)taken from the service hospital specified in the order and conveyed to the United Kingdom; and

(ii)for that purpose, detained in any place or on board any ship or aircraft.

(5)Where the person is removed to the United Kingdom on the authority of the order, he must not after arriving in the United Kingdom be detained, on that authority, for longer than 24 hours.

Commencement Information

I258Sch. 12 para. 3 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(b) (with transitional provisions in S.I. 2009/1059)

Requirements as to recommendations under paragraph 2U.K.

4(1)A recommendation under paragraph 2 must include a statement that the person making it is satisfied that all the relevant conditions are met in the case of the person to whom it relates.U.K.

(2)A recommendation under paragraph 2(2)(b) must also include a statement that—

(a)the person needs to be detained in (or admitted to and detained in) a hospital urgently; and

(b)the urgency makes it impracticable for another recommendation to be sought before making an order under paragraph 2(3) in relation to the person.

Commencement Information

I259Sch. 12 para. 4 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(b) (with transitional provisions in S.I. 2009/1059)

Exercise of powers under paragraph 2 where person's commanding officer is absent etcU.K.

5(1)This paragraph has effect in relation to a person subject to service law outside the British Islands.U.K.

(2)If the person's commanding officer is absent or otherwise not available, any authorised officer may exercise in relation to the person the powers conferred by paragraph 2.

(3)For the purposes of this paragraph, an officer is “authorised” if he is—

(a)subject to service law;

(b)of or above the rank of naval lieutenant, military or marine captain or flight lieutenant; and

(c)under the command of the person's commanding officer.

Commencement Information

I260Sch. 12 para. 5 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(b) (with transitional provisions in S.I. 2009/1059)

Power to review order under paragraph 2U.K.

6(1)The Secretary of State may make regulations for enabling a person to apply for the revocation of an order under paragraph 2 as soon as the order is made.U.K.

(2)The regulations may in particular make provision as to—

(a)who may make an application;

(b)the persons who are to hear the application;

(c)the procedure for hearing the application (including evidence);

(d)the grounds on which the order may be revoked;

(e)the functions of the persons hearing the application.

(3)Regulations under sub-paragraph (2)(e) may in particular confer on the persons hearing the application—

(a)power to confirm an order under paragraph 2;

(b)power to revoke such an order and order the immediate release of the person subject to the order.

Commencement Information

I261Sch. 12 para. 6 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(b) (with transitional provisions in S.I. 2009/1059)

Detention of resident patients in overseas service hospitals pending order under paragraph 2(3)U.K.

7(1)This paragraph applies if—U.K.

(a)a registered medical practitioner determines that all the relevant conditions are met in the case of a patient in an overseas service hospital who is a person subject to service law or a civilian subject to service discipline; or

(b)a prescribed person determines that all the relevant conditions appear to be met in the case of such a patient.

(2)The person making the determination must, as soon as practicable—

(a)make a record of the determination and the reasons for it; and

(b)make a request for an order under paragraph 2(3) to be made in relation to the patient.

(3)The commanding officer of the service hospital may detain the patient at the service hospital for the purpose of enabling such an order to be sought in relation to him.

(4)But the patient may not be detained under this paragraph beyond—

(a)the end of the detention period (see sub-paragraphs (5) to (7)); or

(b)if sooner, the making of a determination whether or not to make such an order in relation to him.

(5)If the person making the determination under sub-paragraph (1) is a registered medical practitioner, the detention period is 24 hours beginning with the time when the record required by sub-paragraph (2) was made.

(6)If that person is not a registered medical practitioner, the detention period is—

(a)6 hours beginning with that time; or

(b)if before the end of that 6 hour period a registered medical practitioner determines that all the relevant conditions are met in the case of the patient, 24 hours beginning with that time.

(7)But if during that 6 hour period a registered medical practitioner determines that one or more of the relevant conditions are not met in the case of the patient—

(a)the patient must be released immediately; and

(b)the detention period ends with his release.

(8)The person making a determination under sub-paragraph (6)(b) must, as soon as practicable, make a record of the determination and the reasons for it.

(9)In this paragraph “prescribed person” means a person of a description prescribed by regulations made by the Secretary of State.

Commencement Information

I262Sch. 12 para. 7 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(b) (with transitional provisions in S.I. 2009/1059)

Urgent removal from service living accommodation to overseas service hospitalU.K.

8(1)This paragraph applies if a service policeman has reasonable grounds for believing that—U.K.

(a)there is in any service living accommodation outside the British Islands a person (“the patient”) who is a person subject to service law or a civilian subject to service discipline;

(b)the patient is suffering from mental disorder;

(c)the patient is in urgent need of care or control to prevent him causing serious harm to himself or others; and

(d)the urgent need to remove the patient to and detain him in a service hospital makes it impracticable for an order under paragraph 2(3) to be sought before removing and detaining him.

(2)The service policeman may—

(a)enter the service living accommodation; and

(b)remove the patient to an overseas service hospital.

(3)The service policeman must if reasonably practicable be accompanied by—

(a)a registered medical practitioner, or

(b)a person of a description prescribed by regulations made by the Secretary of State,

who may assist the service policeman to exercise the power conferred on him by sub-paragraph (2).

(4)The commanding officer of the service hospital to which the patient is removed may detain him at the service hospital for the purpose of enabling an order under paragraph 2(3) to be sought in relation to him.

(5)But the patient may not be detained under this paragraph beyond—

(a)the end of the detention period (see sub-paragraphs (6) and (7)); or

(b)if sooner, the making of a determination whether or not to make such an order in relation to him.

(6)The detention period is—

(a)6 hours beginning with his arrival at the service hospital; or

(b)if before the end of that 6 hour period a registered medical practitioner determines that all the relevant conditions are met in the case of the patient, 24 hours beginning with that time.

(7)But if during that 6 hour period a registered medical practitioner determines that one or more of the relevant conditions are not met in the case of the patient—

(a)the patient must be released immediately; and

(b)the detention period ends with his release.

(8)The person making a determination under sub-paragraph (6)(b) must, as soon as practicable, make a record of the determination and the reasons for it.

Commencement Information

I263Sch. 12 para. 8 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(b) (with transitional provisions in S.I. 2009/1059)

Urgent removal from other places to overseas service hospitalU.K.

9(1)This paragraph applies if a service policeman finds a person (“the patient”) in a relevant place outside the British Islands and it appears to the service policeman that—U.K.

(a)the patient is a person subject to service law or a civilian subject to service discipline;

(b)the patient is suffering from mental disorder; and

(c)the urgent need to remove the patient to and detain him in a service hospital makes it impracticable for an order under paragraph 2(3) to be sought before removing and detaining him.

(2)The service policeman may remove the patient to an overseas service hospital.

(3)The commanding officer of the service hospital to which the patient is removed may detain him at the service hospital for the purpose of enabling an order under paragraph 2(3) to be sought in relation to him.

(4)But the patient may not be detained under this paragraph beyond—

(a)the end of the detention period (see sub-paragraphs (5) and (6)); or

(b)if sooner, the making of a determination whether or not to make such an order in relation to him.

(5)The detention period is—

(a)6 hours beginning with his arrival at the service hospital; or

(b)if before the end of that 6 hour period a registered medical practitioner determines that all the relevant conditions are met in the case of the patient, 24 hours beginning with that time.

(6)But if during that 6 hour period a registered medical practitioner determines that one or more of the relevant conditions are not met in the case of the patient—

(a)the patient must be released immediately; and

(b)the detention period ends with his release.

(7)The person making a determination under sub-paragraph (5)(b) must, as soon as practicable, make a record of the determination and the reasons for it.

(8)In this paragraph “relevant place” means—

(a)a place to which the public have access; or

(b)any premises (within the meaning of Part 3) which are permanently or temporarily occupied or controlled for the purposes of any of Her Majesty's forces but are not service living accommodation.

Commencement Information

I264Sch. 12 para. 9 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(b) (with transitional provisions in S.I. 2009/1059)

Use of forceU.K.

10U.K.Where a power is conferred on any person by virtue of this Schedule, he may use reasonable force, if necessary, in the exercise of the power.

Commencement Information

I265Sch. 12 para. 10 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(b) (with transitional provisions in S.I. 2009/1059)

Service custodyU.K.

11U.K.While a person is being conveyed, removed or detained by virtue of any provision of this Schedule, the person is deemed to be in service custody.

Commencement Information

I266Sch. 12 para. 11 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(b) (with transitional provisions in S.I. 2009/1059)

DefinitionsU.K.

12(1)In this Schedule “overseas service hospital” means a service hospital outside the British Islands.U.K.

(2)In this Schedule “service hospital” means—

(a)a military, air-force or naval unit or establishment, or

(b)a ship,

at or in which medical or surgical treatment is provided for persons subject to service law.

(3)In this Schedule “service living accommodation” has the same meaning as in Part 3 (see section 96).

Commencement Information

I267Sch. 12 para. 12 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(b) (with transitional provisions in S.I. 2009/1059)

Section 353

SCHEDULE 13U.K.Protection of children of service families

1(1)Section 17 of the Armed Forces Act 1991 (power to make service family child assessment orders) is amended as follows.U.K.

(2)In subsection (1)(a) for “civilian in a corresponding position” substitute “ civilian subject to service discipline ”

(3)In subsection (3) for “the officer having jurisdiction” substitute “ a judge advocate ”.

(4)In subsection (5)—

(a)for “the officer” substitute “ the judge advocate ”;

(b)for “an officer” substitute “ a judge advocate ”.

Commencement Information

I268Sch. 13 para. 1 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)

I269Sch. 13 para. 1 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

2(1)Section 18 of that Act (content, effect, variation and discharge of assessment orders) is amended as follows.U.K.

(2)In subsection (2)(b) for “officer” substitute “ judge advocate ”.

(3)In subsection (6) for “officer” substitute “ judge advocate ”.

(4)In subsection (8)—

(a)for “or a civilian in a corresponding position who” substitute “ , or a civilian subject to service discipline, commits an offence if he ”;

(b)omit the words “on him”;

(c)omit the words from “shall be liable” to the end.

(5)After that subsection insert—

(8A)A person guilty of an offence under this section is liable to any punishment mentioned in rows 5 to 12 of the Table in section 164 of the Armed Forces Act 2006.

(8B)For the purposes of determining the court's powers when sentencing a civilian offender (within the meaning of Part 1 of Schedule 3 to the Armed Forces Act 2006) for an offence under this section, subsection (8A) has effect as if the reference to rows 5 to 12 were to rows 2 to 7.

(8C)For the purposes of determining the court's powers when sentencing an offender to whom Part 2 of that Schedule applies (ex-servicemen etc) for an offence under this section, subsection (8A) has effect as if the reference to rows 5 to 12 were to rows 5 to 10.

(6)Omit subsection (9).

Commencement Information

I270Sch. 13 para. 2 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)

I271Sch. 13 para. 2 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

3(1)Section 19 of that Act (power to make orders for the emergency protection of children of service families) is amended as follows.U.K.

(2)In subsection (1)(a) for “civilian in a corresponding position” substitute “ civilian subject to service discipline ”.

(3)In subsection (3) for “the officer having jurisdiction” substitute “ a judge advocate ”.

(4)In subsection (4) for “officer”, in both places, substitute “ judge advocate ”.

Commencement Information

I272Sch. 13 para. 3 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)

I273Sch. 13 para. 3 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

4(1)Section 20 of that Act (content and effect of protection orders) is amended as follows.U.K.

(2)In subsection (4) for “officer” substitute “ judge advocate ”.

(3)In subsection (6)(b)(iii) for “the officer having jurisdiction” substitute “ a judge advocate ”.

(4)For subsections (9) and (10) substitute—

(9)A person subject to service law, or a civilian subject to service discipline, commits an offence if he—

(a)intentionally obstructs any person exercising the power under subsection (2)(b) above to remove, or prevent the removal of, a child; or

(b)intentionally fails to comply with an exclusion requirement included in a protection order by virtue of section 20A below.

(9A)A person guilty of an offence under this section is liable to any punishment mentioned in rows 5 to 12 of the Table in section 164 of the Armed Forces Act 2006.

(9B)For the purposes of determining the court's powers when sentencing a civilian offender (within the meaning of Part 1 of Schedule 3 to the Armed Forces Act 2006) for an offence under this section, subsection (9A) has effect as if the reference to rows 5 to 12 were to rows 2 to 7.

(9C)For the purposes of determining the court's powers when sentencing an offender to whom Part 2 of that Schedule applies (ex-servicemen etc) for an offence under this section, subsection (9A) has effect as if the reference to rows 5 to 12 were to rows 5 to 10.

Commencement Information

I274Sch. 13 para. 4 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)

I275Sch. 13 para. 4 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

5U.K.After that section insert—

20APower to include exclusion requirement in protection order

(1)Where—

(a)a judge advocate (on being satisfied as mentioned in section 19(3)(a), (b) or (c)) makes a protection order with respect to a child, and

(b)conditions A, B and C are satisfied,

the judge advocate may include an exclusion requirement in the protection order.

(2)An exclusion requirement is any one or more of the following—

(a)a provision requiring a person who is subject to service law or is a civilian subject to service discipline to leave relevant premises in which he is living with the child;

(b)a provision prohibiting a person who is subject to service law or is a civilian subject to service discipline from entering relevant premises in which the child lives;

(c)a provision excluding such a person from a defined area in which relevant premises in which the child lives are situated.

(3)Condition A is that there is reasonable cause to believe that, if the person to whom the exclusion requirement would relate (“the relevant person”) is excluded from relevant premises in which the child lives—

(a)in the case of an order made on the ground mentioned in section 19(3)(a) or (b), the child will not be likely to suffer significant harm, even though not removed as mentioned in section 19(3)(a) or not remaining as mentioned in section 19(3)(b);

(b)in the case of an order made on the ground mentioned in section 19(3)(c), the enquiries referred to there will cease to be frustrated.

(4)Condition B is that a person (other than the relevant person) living in the relevant premises in which the child lives, whether or not he is the child's parent—

(a)is able and willing to give to the child the care which it would be reasonable to expect a parent to give him; and

(b)consents to the inclusion of the exclusion requirement.

(5)Condition C is that the judge advocate is satisfied—

(a)that, throughout the duration of the requirement, alternative accommodation which the judge advocate considers appropriate will be available to the relevant person; and

(b)where the relevant person is subject to service law, that the relevant person's commanding officer also considers that that accommodation is appropriate.

(6)If, while a protection order containing an exclusion requirement is in force, the child has in pursuance of the order been removed from the relevant premises to which the requirement relates to other accommodation for a continuous period of more than 24 hours, the order shall cease to have effect so far as it imposes the exclusion requirement.

(7)In this section “relevant premises” means premises occupied as a residence by a person subject to service law or a civilian subject to service discipline.

(8)Who is the relevant person's “commanding officer” for the purposes of subsection (5)(b) shall be determined by or under regulations made by the Defence Council.

Commencement Information

I276Sch. 13 para. 5 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)

I277Sch. 13 para. 5 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

6(1)Section 21 of that Act (duration of protection orders) is amended as follows.U.K.

(2)In subsection (1) for the words from “being” to the end substitute “ which must be a period of not more than 28 days beginning with the date of the order. ”

(3)In subsection (2)—

(a)for “the officer having jurisdiction” substitute “ a judge advocate ”;

(b)in paragraph (a), for the words from “applicable” to “that officer” substitute “ permitted by subsection (1) above ”;

(c)in the words after paragraph (b) for “that officer” substitute “ the judge advocate ”.

(4)In subsection (3) for “officer”, in both places, substitute “ judge advocate ”.

(5)In subsection (5) for “an officer” substitute “ a judge advocate ”.

Commencement Information

I278Sch. 13 para. 6 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)

I279Sch. 13 para. 6 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

7(1)Section 22 of that Act (review and discharge of protection orders) is amended as follows.U.K.

(2)In subsection (2) for “superior officer” substitute “ judge advocate ”.

(3)In subsection (4)—

(a)for “superior officer” substitute “ judge advocate ”;

(b)for the words from “consider whether” to the end of paragraph (b) substitute consider whether, if the order were discharged and—

(a)(where the power under section 20(2)(b)(i) has been exercised) if the child were returned by the responsible person, or

(b)(where the power under section 20(2)(b)(ii) has been exercised) if the child were allowed to be removed from the place in which he was being accommodated immediately before the making of the order,.

(4)In subsection (5) for “the officer having jurisdiction” substitute “ a judge advocate ”.

(5)After that subsection insert—

(5A)On the application of the person to whom an exclusion requirement contained in a protection order relates, a judge advocate may, in such circumstances and subject to such conditions as may be prescribed by regulations, vary the exclusion requirement or discharge the order so far as it imposes the exclusion requirement.

(6)In subsection (7) for “officer” substitute “ judge advocate ”.

Commencement Information

I280Sch. 13 para. 7 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)

I281Sch. 13 para. 7 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

8U.K.After that section insert—

22ARemoval and accommodation of children by service police in emergency

(1)Where a service policeman has reasonable cause to believe that a relevant child would otherwise be likely to suffer significant harm, he may, if authorised—

(a)remove the child to suitable accommodation and keep him there; or

(b)take such steps as are reasonable to ensure that the child's removal from any service hospital, or other place, in which he is then being accommodated is prevented.

(2)In this section, a child with respect to whom a service policeman has exercised the power under subsection (1) is referred to as having been taken into service police protection.

(3)As soon as is reasonably practicable after taking a child into service police protection, the service policeman concerned shall—

(a)inform the appropriate service police officer of the steps that have been and are proposed to be taken under this Part of this Act with respect to the child and the reasons for taking them;

(b)give details to the appropriate service police officer of the place at which the child is being accommodated;

(c)inform the child (if he appears capable of understanding)—

(i)of the steps that have been taken with respect to him under this section and of the reasons for taking them; and

(ii)of the further steps that may be taken with respect to him under this Part of this Act;

(d)take such steps as are reasonably practicable to discover the wishes and feelings of the child;

(e)secure that the case is inquired into by the appropriate service police officer;

(f)secure that the child is moved to accommodation approved for the purpose by the appropriate service police officer (unless that officer approves the child's remaining where he is currently being accommodated);

(g)take such steps as are reasonably practicable to inform—

(i)the child's parents,

(ii)every person who is not a parent of the child but has parental responsibility for him, and

(iii)any other person with whom the child was residing immediately before being taken into service police protection,

of the steps that he has taken under this section with respect to the child, the reasons for taking them and the further steps that may be taken with respect to him under this Part of this Act.

(4)On completing any inquiry under subsection (3)(e) the officer conducting it shall release the child from service police protection unless he considers that there is still reasonable cause for believing that the child would be likely to suffer significant harm if released.

(5)No child may be kept in service police protection for more than 72 hours.

(6)While a child is being kept in service police protection—

(a)the appropriate service police officer shall do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child's welfare (having regard in particular to the length of the period during which the child will be kept in service police protection); but

(b)neither he nor the service policeman who took the child into service police protection has any parental responsibility for him.

(7)Where a child has been taken into service police protection, the appropriate service police officer shall allow—

(a)the child's parents,

(b)any person who is not a parent of the child but has parental responsibility for him,

(c)any person with whom the child was residing immediately before he was taken into service police protection,

(d)any person in whose favour a contact order is in force with respect to the child, and

(e)any person acting on behalf of any of those persons,

to have such contact (if any) with the child as, in the opinion of the appropriate service police officer, is both reasonable and in the child's best interests.

(8)In this section—

  • authorised”, in relation to a service policeman, means authorised, by an authorising service police officer and in accordance with regulations, to exercise the power under subsection (1) in the case in question;

  • “an authorising service police officer”, and “the appropriate service police officer” have the meanings given by regulations;

  • relevant child” means a child who falls within paragraph (a) or (b) of section 19(1) above;

  • service policeman” has the same meaning as in the Armed Forces Act 1996.

Commencement Information

I282Sch. 13 para. 8 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)

I283Sch. 13 para. 8 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

9(1)Section 23 of that Act (interpretation) is amended as follows.U.K.

(2)In subsection (1)—

(a)in the definition of “accommodation”, for the words from “means” to “relates,” substitute “ , in relation to a child to whom a protection order relates, means any service hospital or other suitable place the occupier of which is willing temporarily to receive the child, ”;

(b)for the definition of “civilian in a corresponding position” substitute—

civilian subject to service discipline” has the same meaning as in the Armed Forces Act 2006;;

(c)after the definition of “contact order” insert—

exclusion requirement” has the meaning given by section 20A above;;

(d)after the definition of “extension order” insert—

harm” and “significant harm” have the same meanings as in the Children Act 1989;;

(e)for the definitions of “officer having jurisdiction” and “superior officer” substitute—

judge advocate” has the same meaning as in the Armed Forces Act 2006;;

(f)in the definition of “regulations”, after “ “regulations”” insert “ (except in section 20A(8)) ”;

(g)for the definition of “service law” substitute—

subject to service law” has the same meaning as in the Armed Forces Act 2006.

(3)After that subsection insert—

(1A)Section 164(2) and (3) of the Armed Forces Act 2006 apply in relation to section 18(8A) and 20(9A) of this Act.

(4)Omit subsection (2).

Commencement Information

I284Sch. 13 para. 9 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)

I285Sch. 13 para. 9 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Section 358

SCHEDULE 14U.K.Amendments relating to reserve forces

Reserve Forces Act 1980 (c. 9)U.K.

1U.K.In section 10 of the Reserve Forces Act 1980 (call out for national danger) omit subsection (5).

Commencement Information

I286Sch. 14 para. 1 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)

I287Sch. 14 para. 1 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

2U.K.In section 11(2)(a) of that Act (call out for warlike operations), for “regular air force” substitute “ Royal Air Force ”.

Commencement Information

I288Sch. 14 para. 2 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)

I289Sch. 14 para. 2 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

3U.K.In section 18(2) of that Act (permanent service call out of Army Reserve) omit paragraph (b).

Commencement Information

I290Sch. 14 para. 3 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)

I291Sch. 14 para. 3 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

4U.K.In section 19 of that Act (duration of Army Reserve permanent service)—

(a)omit subsection (4);

(b)in subsection (5) for “subsections (3) and (4) above” substitute “ subsection (3) ”.

Commencement Information

I292Sch. 14 para. 4 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)

I293Sch. 14 para. 4 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

5U.K.In section 19A of that Act (postponement of discharge of members of Army Reserve during call out), for subsection (7) substitute—

(7)In subsections (3) to (5)—

  • the competent military authority” means the Defence Council or any officer of a description prescribed by regulations of the Defence Council;

  • prescribed” means prescribed by regulations of the Defence Council.

Commencement Information

I294Sch. 14 para. 5 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)

I295Sch. 14 para. 5 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

6U.K.In section 21 of that Act (duration of Air Force Reserve permanent service)—

(a)omit subsection (4);

(b)in subsection (5) for “subsections (3) and (4) above” substitute “ subsection (3) ”.

Commencement Information

I296Sch. 14 para. 6 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)

I297Sch. 14 para. 6 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

7U.K.In section 21A of that Act (postponement of discharge of members of Royal Air Force Reserve during call out), for subsection (7) substitute—

(7)In subsections (3) to (5)—

  • the competent air force authority” means the Defence Council or any officer of a description prescribed by regulations of the Defence Council;

  • prescribed” means prescribed by regulations of the Defence Council.

Commencement Information

I298Sch. 14 para. 7 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)

I299Sch. 14 para. 7 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

8U.K.Omit section 24 of that Act (permanent service call out of Ulster Defence Regiment).

Commencement Information

I300Sch. 14 para. 8 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)

I301Sch. 14 para. 8 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

9U.K.Omit section 25 of that Act (emergency service call out of Ulster Defence Regiment).

Commencement Information

I302Sch. 14 para. 9 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)

I303Sch. 14 para. 9 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

10U.K.In section 26(2) of that Act (call out notices), omit paragraph (g).

Commencement Information

I304Sch. 14 para. 10 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)

I305Sch. 14 para. 10 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

11U.K.In section 30(2) of that Act (liability of naval and marine pensioners to recall), for “The enactments concerning” substitute “ Provision made under section 331 of the Armed Forces Act 2006 that applies in relation to ”.

Commencement Information

I306Sch. 14 para. 11 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)

I307Sch. 14 para. 11 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

12(1)Section 31 of that Act (liability of army and air force pensioners to recall) is amended as follows.U.K.

(2)In subsection (6)—

(a)in the definition of “service pension”—

(i)for “regular forces” substitute “ regular army ”;

(ii)for “regular air force” substitute “ Royal Air Force ”;

(b)for the words from “and other expressions” to the end substitute—

“soldier” and “airman” include a warrant officer and a non-commissioned officer.

(3)In subsection (7) for “those sections” substitute “ this section and section 32 ”.

Commencement Information

I308Sch. 14 para. 12 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)

I309Sch. 14 para. 12 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

13(1)Section 32 of that Act (occasion for and period of recall under section 31) is amended as follows.U.K.

(2)In subsection (3)—

(a)in paragraph (a) for “regular forces or the regular air force” substitute “ regular army or the Royal Air Force ”;

(b)in paragraph (b) for the words from “section 2 of the Army” to “require” substitute “ regulations under section 328 of the Armed Forces Act 2006 ”.

(3)In subsection (4)(a) for “as from which a person is recalled for” substitute “ the person is accepted (by virtue of section 36) into ”.

(4)For subsection (5) substitute—

(5)No regulation under section 329 of the Armed Forces Act 2006 as to the term for which a person may be enlisted affects the operation of subsections (3) and (4) of this section.

Commencement Information

I310Sch. 14 para. 13 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)

I311Sch. 14 para. 13 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

14U.K.In section 34(3) of that Act (liability of certain former soldiers to recall)—

(a)for “regular forces within the meaning of the Army Act 1955” substitute “ regular army ”;

(b)in paragraph (a) for “specified in the notice” substitute “ he is accepted into service ”.

Commencement Information

I312Sch. 14 para. 14 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)

I313Sch. 14 para. 14 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

15U.K.In section 39(1)(a) of that Act (application of section 38) for “regular air force” substitute “ Royal Air Force ”.

Commencement Information

I314Sch. 14 para. 15 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)

I315Sch. 14 para. 15 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

16U.K.Omit section 44 of that Act (requirement as to training of Ulster Defence Regiment).

Commencement Information

I316Sch. 14 para. 16 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)

I317Sch. 14 para. 16 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

17U.K.In section 48 of that Act (void enlistment in the regular forces)—

(a)in the sidenote, for “regular forces” substitute “ Royal Marines or regular army ”;

(b)for “Her Majesty's regular forces” substitute “ the Royal Marines or the regular army ”.

Commencement Information

I318Sch. 14 para. 17 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)

I319Sch. 14 para. 17 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

18U.K.Omit section 139 of that Act (enrolment etc of members of Ulster Defence Regiment).

Commencement Information

I320Sch. 14 para. 18 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)

I321Sch. 14 para. 18 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

19U.K.In section 140 of that Act (orders and regulations as to service in Ulster Defence Regiment)—

(a)in the sidenote, for “acceptance and service” substitute “ pensions and other grants ”;

(b)for subsections (1) and (2) substitute—

(1)The conditions as to pensions and other grants in respect of death or disablement arising out of service in the Ulster Defence Regiment shall be such as may be prescribed by orders or regulations.

(1A)The reference in subsection (1) to service in the Ulster Defence Regiment includes service in the regular army by a relevant person during the relevant period.

(1B)In subsection (1A)—

  • regular army” has the meaning given by section 374 of the Armed Forces Act 2006;

  • relevant person” means a person who, immediately before 1 July 1992, was a member of the Ulster Defence Regiment;

  • relevant period”, in relation to a relevant person, means the period beginning with 1 July 1992 and ending at the end of his term of service which was current on that date.;

(c)in subsection (3)—

(i)for “Part of this Act” substitute “ section ”;

(ii)in the words after paragraph (b) for “Part” substitute “ section ”.

Commencement Information

I322Sch. 14 para. 19 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)

I323Sch. 14 para. 19 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

20U.K.Omit sections 141 to 144 of that Act (provisions relating to Ulster Defence Regiment).

Commencement Information

I324Sch. 14 para. 20 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)

I325Sch. 14 para. 20 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

21U.K.In section 145 of that Act (reinstatement in civil employment) omit subsection (2).

Commencement Information

I326Sch. 14 para. 21 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)

I327Sch. 14 para. 21 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

22U.K.In section 146 of that Act (protection of other civil interests) omit subsection (2).

Commencement Information

I328Sch. 14 para. 22 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)

I329Sch. 14 para. 22 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

23(1)Section 156 (interpretation) is amended as follows.U.K.

(2)In subsection (1)—

(a)in the definition of “prescribed” after “ “prescribed”” insert “ (except in subsections (3) to (5) and (7) of sections 19A and 21A and in section 140) ”;

(b)omit the definition of “regular air force”;

(c)for the definition of “regular army” substitute—

the regular army” has the meaning given by section 374 of the Armed Forces Act 2006.

(3)Omit subsection (2).

Commencement Information

I330Sch. 14 para. 23 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)

I331Sch. 14 para. 23 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

24(1)Schedule 8 to that Act (saving and transitional provisions) is amended as follows.U.K.

(2)Omit paragraph 5(3).

(3)Omit paragraph 10.

(4)In paragraph 16—

(a)omit sub-paragraph (2);

(b)omit sub-paragraph (5);

(c)in sub-paragraph (9) for “regular forces or for the regular air force” substitute “ regular army or for the Royal Air Force ”.

(5)Omit paragraph 19.

Commencement Information

I332Sch. 14 para. 24 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)

I333Sch. 14 para. 24 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Reserve Forces Act 1996 (c. 14)U.K.

25U.K.In section 2(2)(a) of the Reserve Forces Act 1996 (membership of the reserve forces), for the words from “the Army Act 1955” to the end substitute “ regulations made under section 331 of the Armed Forces Act 2006; ”.

Commencement Information

I334Sch. 14 para. 25 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)

I335Sch. 14 para. 25 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

26U.K.In section 4(1)(b) of that Act (orders and regulations concerning reserve forces), after “force” insert “ (except pay, bounty and allowances) ”.

Commencement Information

I336Sch. 14 para. 26 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)

I337Sch. 14 para. 26 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

27U.K.Omit section 7 of that Act (provision with respect to pay, bounty and allowances).

Commencement Information

I338Sch. 14 para. 27 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)

I339Sch. 14 para. 27 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

28U.K.In section 13(7) of that Act (transfer of non-officers between reserve forces), for the words from “by or under” to the end substitute “ under the Armed Forces Act 2006. ”

Commencement Information

I340Sch. 14 para. 28 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)

I341Sch. 14 para. 28 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

29U.K.In section 15(1) of that Act (discharge by commanding officer) for the words “A commanding officer” to “his command,” substitute “ A man of a reserve force may be discharged by his commanding officer ”.

Commencement Information

I342Sch. 14 para. 29 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)

I343Sch. 14 para. 29 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

30U.K.In section 24(2) of that Act (commitment to a period of full-time service) omit paragraph (b).

Commencement Information

I344Sch. 14 para. 30 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)

I345Sch. 14 para. 30 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

31U.K.In section 25(2) of that Act (additional duties commitments)—

(a)omit paragraph (a);

(b)in paragraph (b), for “while subject to service law, shall” substitute “ shall, from any time specified in the commitment as the time at which he is to begin that period of duty until released from duty, ”.

Commencement Information

I346Sch. 14 para. 31 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)

I347Sch. 14 para. 31 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

32U.K.In section 27 of that Act (voluntary training and other duties) omit subsection (3).

Commencement Information

I348Sch. 14 para. 32 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)

I349Sch. 14 para. 32 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

33U.K.In each of sections 53, 55 and 57 of that Act (maximum duration of service on call-out), in subsection (8)—

(a)at the end of paragraph (a) insert “ or ”;

(b)omit paragraph (b).

Commencement Information

I350Sch. 14 para. 33 in force at 15.10.2007 by S.I. 2007/2913, art. 2

34U.K.After section 53 of that Act insert—

53AAgreement to alter limits in section 53

(1)This section applies to a person if—

(a)he is not in service under a call-out order under section 52; and

(b)if accepted into service under such a call-out order, he would be immediately entitled to release under section 53(6) or (10).

(2)The person may agree in writing that, if he is accepted into service under a call-out order under section 52, in calculating when he is entitled to be released by virtue of section 53(6) or (10) any service of his under this Part or Part 4, 5 or 7 that occurred before he entered into the agreement is to be treated as not having occurred.

(3)An agreement under subsection (2) may also provide that, if the person is accepted into service under a call-out order under section 52, section 53 shall apply in his case as if for the period of 3 years specified in subsection (6) there were substituted a shorter period specified in the agreement.

(4)If an order under section 53(11) applies in relation to the person, subsection (3) above has effect as if the reference to the period of 3 years were to the period of 5 years.

Commencement Information

I351Sch. 14 para. 34 in force at 15.10.2007 by S.I. 2007/2913, art. 2

35U.K.After section 55 of that Act insert—

55AAgreement to alter limits in section 55

(1)This section applies to a person if—

(a)he is not in service under a call-out order under section 54; and

(b)if accepted into service under such a call-out order, he would be immediately entitled to release under section 55(6) or (10).

(2)The person may agree in writing that, if he is accepted into service under a call-out order under section 54, in calculating when he is entitled to be released by virtue of section 55(6) or (10) any service of his under this Part or Part 4, 5 or 7 that occurred before he entered into the agreement is to be treated as not having occurred.

(3)An agreement under subsection (2) may also provide that, if the person is accepted into service under a call-out order under section 54, section 55 shall apply in his case as if for the period of 12 months specified in subsection (6) there were substituted a shorter period specified in the agreement.

(4)If an order under section 55(11) applies in relation to the person, subsection (3) above has effect as if the reference to the period of 12 months were to the period of 2 years.

Commencement Information

I352Sch. 14 para. 35 in force at 15.10.2007 by S.I. 2007/2913, art. 2

36U.K.After section 57 of that Act insert—

57AAgreement to alter limits in section 57

(1)This section applies to a person if—

(a)he is not in service under a call-out order under section 56; and

(b)if accepted into service under such a call-out order, he would be immediately entitled to release under section 57(6) or (10).

(2)The person may agree in writing that, if he is accepted into service under a call-out order under section 56, in calculating when he is entitled to be released by virtue of section 57(6) or (10) any service of his under this Part or Part 4, 5 or 7 that occurred before he entered into the agreement is to be treated as not having occurred.

(3)An agreement under subsection (2) may also provide that, if the person is accepted into service under a call-out order under section 56, section 57 shall apply in his case as if for the period of 9 months specified in subsection (6) there were substituted a shorter period specified in the agreement.

Commencement Information

I353Sch. 14 para. 36 in force at 15.10.2007 by S.I. 2007/2913, art. 2

37U.K.In section 66(2)(b) of that Act (persons who may be recalled) for “regular air force” substitute “ Royal Air Force ”.

Commencement Information

I354Sch. 14 para. 37 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)

I355Sch. 14 para. 37 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

38U.K.In section 72 of that Act (release and discharge from service under recall order) omit subsections (5) and (6).

Commencement Information

I356Sch. 14 para. 38 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)

I357Sch. 14 para. 38 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

39(1)Section 95 of that Act (offences against orders and regulations under section 4) is amended as follows.U.K.

(2)In subsection (1)—

(a)omit paragraph (b);

(b)in the words after paragraph (e), omit “triable by court-martial or summarily by a civil court”.

(3)After that subsection insert—

(1A)A member of a reserve force (“A”) commits an offence if—

(a)a superior officer (“B”), in pursuance of orders or regulations under section 4, is acting in the execution of his office;

(b)A's behaviour towards B is threatening or disrespectful; and

(c)A knows or has reasonable cause to believe that B is a superior officer.

(1B)For the purposes of subsection (1A)—

(a)superior officer” has the same meaning as in the Armed Forces Act 2006;

(b)section 11(3) of that Act (meaning of “behaviour” and “threatening”) applies.

(1C)An offence under this section is triable summarily by a civil court (as well as being triable by the Court Martial).

(4)In subsection (2)—

(a)in paragraph (a) for the words from “court-martial” to the end substitute the Court Martial—

(i)in the case of an offence under subsection (1)(a) or (e) or (1A), to any punishment mentioned in rows 5 to 12 of the Table in section 164 of the Armed Forces Act 2006;

(ii)in the case of an offence under subsection (1)(c) or (d), to any punishment mentioned in that Table, but any sentence of imprisonment or service detention imposed in respect of the offence must not exceed 51 weeks;;

(b)in paragraph (b)(i)—

(i)omit “, (b),”;

(ii)after “(e)” insert “ or (1A) ”.

(5)For subsection (3) substitute—

(2A)For the purposes of determining the Court Martial's powers when sentencing an offender to whom Part 2 of Schedule 3 to the Armed Forces Act 2006 applies (ex-servicemen etc) for an offence under subsection (1)(a) or (e) or (1A), subsection (2)(a)(i) has effect as if the reference to rows 5 to 12 were to rows 5 to 10.

Commencement Information

I358Sch. 14 para. 39 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)

I359Sch. 14 para. 39 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

40(1)Section 96 of that Act (failure to attend for service on call out or recall) is amended as follows.U.K.

(2)In subsection (1), for the words (after paragraph (c)) from “is guilty” to the end substitute “ is guilty of desertion (if section 8(2)(a) or (b) of the Armed Forces Act 2006 applies to him) or absence without leave (if neither of those provisions applies to him). ”

(3)In subsection (3) for the words from “by court-martial” to the end substitute “ summarily by a civil court (as well as being triable by the Court Martial). ”

Commencement Information

I360Sch. 14 para. 40 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)

I361Sch. 14 para. 40 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

41(1)Section 97 of that Act (failure to attend for duty or training) is amended as follows.U.K.

(2)In subsection (1), for the words (after paragraph (b)) from “is guilty” to the end substitute “ is guilty of desertion (if section 8(2)(a) or (b) of the Armed Forces Act 2006 applies to him) or absence without leave (if neither of those provisions applies to him). ”

(3)In subsection (3) for the words from “by court-martial” to the end substitute “ summarily by a civil court (as well as being triable by the Court Martial). ”

Commencement Information

I362Sch. 14 para. 41 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)

I363Sch. 14 para. 41 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

42(1)Section 98 of that Act (trial and punishment of offences of desertion or absence without leave) is amended as follows.U.K.

(2)In subsection (1)—

(a)for the words from “section 37” to “1957” substitute “ section 8 or 9 of the Armed Forces Act 2006 ”;

(b)for “as well as by court-martial” substitute “ (as well as being triable by the Court Martial) ”.

(3)In subsection (2)—

(a)for “court-martial” substitute “ the Court Martial ”;

(b)for the words from “service law” to the end substitute “ section 8 or 9 (as the case may be) of the Armed Forces Act 2006. ”

(4)In subsection (3)(b) for “service law of desertion or absence without leave” substitute “ section 8 or 9 of the Armed Forces Act 2006 ”.

(5)In subsection (4)(a)—

(a)for “court-martial” substitute “ the Court Martial ”;

(b)for “service law of absence without leave” substitute “ section 9 of the Armed Forces Act 2006 ”.

(6)Omit subsection (5).

(7)After subsection (6) insert—

(7)Orders or regulations under section 4 may include provision for enabling a determination to be made in prescribed circumstances that subsection (6) is to cease to have effect in relation to a period of time or a part of a period of time.

Commencement Information

I364Sch. 14 para. 42 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)

I365Sch. 14 para. 42 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

43U.K.Omit section 99 of that Act (false pretence of illegal absence).

Commencement Information

I366Sch. 14 para. 43 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)

I367Sch. 14 para. 43 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

44U.K.For section 100 of that Act (arrest of deserters etc) substitute—

100AArrest by civilian police of deserters and absentees without leave

(1)An officer of a UK police force may arrest without warrant a person who is reasonably suspected of being a member of a reserve force, or a person liable to recall, who has deserted or is absent without leave.

(2)If an authorised person is satisfied by evidence given under oath or affirmation that a relevant suspect is or is reasonably suspected of being within his jurisdiction, he may issue a warrant for the arrest of the relevant suspect.

(3)In subsection (2)—

  • authorised person” means a person who has authority in England and Wales, Scotland or Northern Ireland to issue a warrant for the arrest of a person suspected of an offence;

  • relevant suspect” means a person reasonably suspected of being a member of a reserve force, or a person liable to recall, who has deserted, is absent without leave or has committed an offence under section 95.

(4)In this section “UK police force” has the meaning given by section 375 of the Armed Forces Act 2006.

Commencement Information

I368Sch. 14 para. 44 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)

I369Sch. 14 para. 44 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

45U.K.Omit section 102 of that Act (record of illegal absence).

Commencement Information

I370Sch. 14 para. 45 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)

I371Sch. 14 para. 45 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

46U.K.In section 104 of that Act, omit subsection (3).

Commencement Information

I372Sch. 14 para. 46 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)

I373Sch. 14 para. 46 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

47(1)Section 105 of that Act (trial of offences by civil court) is amended as follows.U.K.

(2)In subsection (1) for “which is triable by court-martial is also” substitute “ is (as well as being triable by the Court Martial) ”.

(3)Omit subsection (2).

(4)In subsection (3) for “an offence under service law (other than an offence of desertion or absence without leave)” substitute “ any service offence (other than an offence under this Act or an offence mentioned in section 98(1)) ”.

Commencement Information

I374Sch. 14 para. 47 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)

I375Sch. 14 para. 47 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

48U.K.Omit section 106 of that Act.

Commencement Information

I376Sch. 14 para. 48 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)

I377Sch. 14 para. 48 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

49U.K.In section 107 of that Act (time for institution of proceedings)—

(a)in subsection (1)—

(i)omit the words from “either—” to the end of paragraph (a);

(ii)for “under service law” substitute “ a service offence ”;

(b)after subsection (2) add—

(3)Subsection (2) applies to proceedings for an offence under section 96(1) committed by a person liable to recall as it applies to proceedings mentioned in subsection (1) of this section.

Commencement Information

I378Sch. 14 para. 49 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)

I379Sch. 14 para. 49 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

50U.K.In section 108 of that Act (evidence) for subsections (1) and (2) substitute—

(1A)The Secretary of State may by regulations make provision with respect to evidence, including the admissibility of evidence, in proceedings before a civil court for an offence under this Act.

(1B)Regulations under subsection (1A) shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Commencement Information

I380Sch. 14 para. 50 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)

I381Sch. 14 para. 50 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

51U.K.Omit section 124 of that Act (exemption from tolls etc).

Commencement Information

I382Sch. 14 para. 51 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)

I383Sch. 14 para. 51 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

52U.K.Omit section 126 of that Act (amendments relating to transfers to reserves etc).

Commencement Information

I384Sch. 14 para. 52 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)

I385Sch. 14 para. 52 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

53(1)Section 127 of that Act (interpretation) is amended as follows.U.K.

(2)In subsection (1)—

(a)omit the definition of “regular air force”;

(b)for the definition of “regular army” substitute—

the regular army” has the meaning given by section 374 of the Armed Forces Act 2006;;

(c)in the definition of “regular services” for “regular air force” substitute “ Royal Air Force ”;

(d)for the definition of “service law” substitute—

service offence” has the meaning given by section 50 of the Armed Forces Act 2006;.

(3)After subsection (2) add—

(3)The officer who is the “commanding officer” of a person for the purposes of any provision of this Act shall be determined by or under regulations made by the Defence Council under this subsection.

(4)Section 164(2) and (3) of the Armed Forces Act 2006 apply in relation to section 95(2)(a) of, and paragraph 5(3) of Schedule 1 to, this Act.

Commencement Information

I386Sch. 14 para. 53 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)

I387Sch. 14 para. 53 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

54(1)Schedule 1 to that Act (enlistment) is amended as follows.U.K.

(2)For paragraph 2(1) substitute—

(1)An enlisting officer shall not enlist a person under the age of 18 unless consent to the enlistment has been given in writing by—

(a)an appropriate person; or

(b)if the person offering to enlist is living with more than one appropriate person, each of those appropriate persons.

(1A)In this paragraph “appropriate person” means, in relation to a person offering to enlist, a person with—

(a)parental responsibility (within the meaning of the Children Act 1989 or the Children (Northern Ireland) Order 1995) for him; or

(b)parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to him.

(3)In paragraph 2(2) for “appropriate minimum age” substitute “ age of 18 ”.

(4)In paragraph 4(4) for “appropriate minimum age” substitute “ age of 18 ”.

(5)In paragraph 5—

(a)in sub-paragraph (1) omit “or recklessly”;

(b)in sub-paragraph (2) for “subject to service law” substitute “ a member of the reserve forces ”;

(c)in sub-paragraph (3) for the words from “has since” to the end substitute “ becomes a member of the reserve forces is liable on conviction by the Court Martial to any punishment mentioned in rows 2 to 12 of the Table in section 164 of the Armed Forces Act 2006. ”;

(d)after that sub-paragraph add—

(4)For the purposes of determining the Court Martial's powers when sentencing an offender to whom Part 2 of Schedule 3 to the Armed Forces Act 2006 (ex-servicemen etc) applies for an offence under sub-paragraph (1), sub-paragraph (3) has effect as if the reference to rows 2 to 12 were to rows 2 to 10.

(5)Where an offence under sub-paragraph (1) is committed by a person within sub-paragraph (3), the time for which he is for the purposes of section 62 of the Armed Forces Act 2006 (time limits for charging) to be regarded as being a relevant reservist (within the meaning of that section) includes the period from (and including) the time he committed the offence to the time he became a member of the reserve forces.

(6)In paragraph 6(1) for “a court-martial” substitute “ the Court Martial ”.

(7)Omit paragraph 7 and the heading before it.

Commencement Information

I388Sch. 14 para. 54 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)

I389Sch. 14 para. 54 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

55U.K.Omit Schedule 2 to that Act (deserters and absentees without leave).

Commencement Information

I390Sch. 14 para. 55 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)

I391Sch. 14 para. 55 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

56U.K.Omit Schedule 3 to that Act (evidence).

Commencement Information

I392Sch. 14 para. 56 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)

I393Sch. 14 para. 56 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

57U.K.Omit Schedule 7 to that Act (postponement of transfer to the reserves or discharge from the reserves).

Commencement Information

I394Sch. 14 para. 57 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)

I395Sch. 14 para. 57 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

58U.K.In Part 2 of Schedule 9 to that Act (transitional provisions) omit paragraphs 22 and 23.

Commencement Information

I396Sch. 14 para. 58 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)

I397Sch. 14 para. 58 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

59U.K.In Schedule 10 to that Act (minor and consequential amendments) omit paragraphs 1 to 13 and 23.

Commencement Information

I398Sch. 14 para. 59 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)

I399Sch. 14 para. 59 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Section 365BA

[F62Schedule 14AU.K.The Service Police Complaints Commissioner

Textual Amendments

F62Sch. 14A inserted (1.11.2022 for specified purposes, 19.6.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 4 para. 1; S.I. 2022/1095, reg. 3; S.I. 2023/621, reg. 2

StatusU.K.

1The Service Police Complaints Commissioner is a corporation sole.

2The Commissioner is not to be regarded—

(a)