1(1)An offence under section 42 of the Armed Forces Act 2006 (criminal conduct) is an “excluded offence” if the corresponding civil offence is an offence referred to in any of paragraphs 2 to 14, 30 and 31.U.K.
(2)In sub-paragraph (1) the reference to section 42 of the Armed Forces Act 2006 is to be taken to include a reference to—
(a)section 70 of the Army Act 1955 (civil offences),
(b)section 70 of the Air Force Act 1955 (civil offences), and
(c)section 42 of the Naval Discipline Act 1957 (civil offences).
Commencement Information
I1Sch. 1 para. 1 in force at 30.6.2021 by S.I. 2021/678, reg. 2
2U.K.An offence under any provision of the Sexual Offences Act 1956.
Commencement Information
I2Sch. 1 para. 2 in force at 30.6.2021 by S.I. 2021/678, reg. 2
3U.K.An offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards child under 14).
Commencement Information
I3Sch. 1 para. 3 in force at 30.6.2021 by S.I. 2021/678, reg. 2
4U.K.An offence under section 1(1) of the Genocide Act 1969 (genocide).
Commencement Information
I4Sch. 1 para. 4 in force at 30.6.2021 by S.I. 2021/678, reg. 2
5U.K.An offence under section 54 of the Criminal Law Act 1977 (inciting child under 16 to commit incest).
Commencement Information
I5Sch. 1 para. 5 in force at 30.6.2021 by S.I. 2021/678, reg. 2
6U.K.An offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children).
Commencement Information
I6Sch. 1 para. 6 in force at 30.6.2021 by S.I. 2021/678, reg. 2
7U.K.An offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of a child).
Commencement Information
I7Sch. 1 para. 7 in force at 30.6.2021 by S.I. 2021/678, reg. 2
8U.K.An offence under any provision of the Sexual Offences Act 2003.
Commencement Information
I8Sch. 1 para. 8 in force at 30.6.2021 by S.I. 2021/678, reg. 2
9U.K.An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images).
Commencement Information
I9Sch. 1 para. 9 in force at 30.6.2021 by S.I. 2021/678, reg. 2
10U.K.An offence under section 62 of the Coroners and Justice Act 2009 (possession of prohibited images of children).
Commencement Information
I10Sch. 1 para. 10 in force at 30.6.2021 by S.I. 2021/678, reg. 2
F111U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 1 para. 11 omitted (31.1.2024) by virtue of Online Safety Act 2023 (c. 50), s. 240(1), Sch. 14 para. 24; S.I. 2024/31, reg. 2
12U.K.An offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).
Commencement Information
I11Sch. 1 para. 12 in force at 30.6.2021 by S.I. 2021/678, reg. 2
13U.K.An offence at common law of outraging public decency.
Commencement Information
I12Sch. 1 para. 13 in force at 30.6.2021 by S.I. 2021/678, reg. 2
14U.K.An offence within any of paragraphs 18 to 20 (certain offences under the International Criminal Court Act 2001).
Commencement Information
I13Sch. 1 para. 14 in force at 30.6.2021 by S.I. 2021/678, reg. 2
15U.K.A reference in paragraphs 2 to 14 or paragraphs 30 and 31 to an offence (“offence A”) includes—
(a)a reference to an attempt to commit offence A,
(b)a reference to a conspiracy to commit offence A,
(c)a reference to incitement to commit offence A,
(d)a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed, and
(e)a reference to aiding and abetting, counselling or procuring the commission of offence A.
Commencement Information
I14Sch. 1 para. 15 in force at 30.6.2021 by S.I. 2021/678, reg. 2
16(1)In paragraph 1(1) the reference to the “corresponding civil offence” is—U.K.
(a)in relation to an offence under section 42 of the Armed Forces Act 2006, to the corresponding offence under the law of England and Wales within the meaning of that section;
(b)in relation to an offence under section 70 of the Army Act 1955 or section 70 of the Air Force Act 1955, to the corresponding civil offence within the meaning of that Act;
(c)in relation to an offence under section 42 of the Naval Discipline Act 1957, to the civil offence within the meaning of that section.
(2)Section 48 of the Armed Forces Act 2006 (supplementary provisions relating to ancillary service offences) applies for the purposes of sub-paragraph (1)(a) as it applies for the purposes of the provisions of that Act referred to in subsection (3)(b) of that section.
Commencement Information
I15Sch. 1 para. 16 in force at 30.6.2021 by S.I. 2021/678, reg. 2