Army Act 1955 (repealed)

Army Act 1955

1955 CHAPTER 18 3 and 4 Eliz 2

An Act to make provision with respect to the army.

[6th May 1955]F1

Textual Amendments

F1 Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2

Modifications etc. (not altering text)

C1 Act amended by Reserve Forces Act 1980 (c. 9), s. 117(3)(a) and amended (women's services) by Armed Forces Act 1981 (c. 55), Sch. 3 Pt. I para. 1; excluded by Reserve Forces Act 1980 (c. 9), s. 32(5); explained by Reserve Forces Act 1980 (c. 9), s. 142; restricted by Acts listed in Chronological Table of the Statutes, Belize Act 1981 (c. 52), Sch. 2 para. 1 and S.I. 1981/1105, Sch. para. 2(a)

Act amended (N.I.) (25.8.1996 temp. until 15.6.1997) by 1996 c. 22, ss. 54(7)(a), 62

Act amended (9.11.1998) by 1998 c. 42, s. 21(5) (with ss. 7(8), 22(5))

C2 Power to continue Act conferred by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 1(2)

C3 Power to amend Act conferred by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 50(3)(a)(i)

C4 By Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 123, Sch. 8 Pt. I paras. 1, 2 it is provided that in certain enactments including this Act for a reference to a detention centre or to a youth custody centre or to both there shall be substituted a reference to a young offender institution and for a reference (however expressed) to a detention centre order or to a sentence of youth custody or to both there shall be substituted a reference to a sentence of detention in a young offender institution.

C5 Act continued in force for twelve months beyond 31.8.1990 by S.I. 1990/1501, art. 1

C6 By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para.23; S.I. 1991/2208, art. 2(1), Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.

C7 Act continued in force until 31.12.1991 by S.I. 1991/1696, art. 1

C8 Act continued in force until 31.8.1992 by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 1(1)

Power to continue Act conferred by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 1(2)-(4)

Power to continue Act conferred (24.7.1996) by 1996 c. 46, s. 1(2) (subject to art. 1(3))

C9 Act applied (1.6.1996) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 18(8), 20(9); S.I. 1996/1173, art. 2

C10 Act extended (1.4.1997 subject to art. 2(2) of the amending S.I.) by 1996 c. 14, s. 103 (with s. 72(5)); S.I. 1997/305, art. 2

C11 Act continued in force until 31.8.1993 by S.I. 1992/1712, art. 1

Act continued in force until 31.8.1996 by S.I. 1995/1964, art. 1

Act continued in force for twelve months beyond 31.8.1993 by 1993/1804, art. 1

Act continued in force for twelve months beyond 31.8.1994 by virtue of S.I. 1994/1903, art. 1

Act continued in force for twelve months beginning on the date immediately following 31.8.1995 by virtue of S.I. 1995/1964, art. 1

Act shall expire on 31.8.1997 (instead of expiring on 31.8.1996) unless continued in force in accordance with s. 1(1) of the amending Act by virtue of 1996 c. 46, s. 1(1)

Act continued in force for twelve months immediately following 31.8.1997 by virtue of S.I. 1997/1745, art. 2

Act continued in force for twelve months beyond 31.8.1998 by S.I. 1998/1499, art. 2

Act continued in force for a period of twelve months beginning on the day immediately following 31.8.1999 by S.I. 1999/1734, art. 2

Act continued in force for a period of twelve months beginning on the day immediately following 31.8.2000 by S.I. 2000/1814, art. 2

C12 Act: expiry date and power to continue conferred (11.5.2001) by 2001 c. 19, s. 1(1)-(3)

C13 Act continued in force (until 21.8.2003) by virtue of S.I. 2002/1820, art. 2

Part I U.K. Enlistment and Terms of Service

Enlistment U.K.

1 Recruiting officers. U.K.

The following persons may enlist recruits in the regular forces and are in this Act referred to asrecruiting officers, that is to say,—

(a) whether within or without Her Majesty’s dominions, any officer authorised under regulations of [F2 the Defence Council],

(b) in a colony, any person authorised by the Governor of the colony,

(c) outside Her Majesty’s dominions, any British consul-general, consul or vice-consul, and any person dulyexercising the authority of a British consul.

Textual Amendments

F2 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

2 Enlistment. U.K.

(1) A person offering to enlist in the regular forces shall be given a notice in the prescribed form settingout the questions to be answered on attestation and stating the general conditions of the engagement to beentered into by him; and a recruiting officer shall not enlist any person in the regular forces unlesssatisfied by that person that he has been given such a notice, understands it and wishes to be enlisted.

(2) The procedure for enlisting a person in the regular forces shall be that set out in the First Scheduleto this Act.

(3) A recruiting officer shall not enlist a person under the [F3 appropriate minimum age] unless consent to the enlistment has been given in writing—

(a) if the person offering to enlist is living with both or one of his parents, by the parents or parent;

(b) if he is not living with both or one of his parents, but any person (whether a parent or not) whosewhereabouts are known or can after reasonable enquiry be ascertained has parental rights and powers inrespect of him, by that person;

(c) if there is no such person as is mentioned in paragraph (b) of this subsection or if after reasonableenquiry it cannot be ascertained whether there is any such person, by any person in whose care (whether inlaw or in fact) the person offering to enlist may be.

(4) Where the recruiting officer is satisfied, by the production of a certified copy of an entry in theregister of births or by any other evidence appearing to him to be sufficient, that a person offering toenlist has or has not attained the [F3 appropriate minimum age], that person shall be deemed for the purposes of this Act to have attained, or as the case may be,not to have attained, that age.

A document purporting to be a certificate signed by the recruiting officer, stating that he is satisfiedas aforesaid, shall be sufficient evidence, until the contrary is proved, that he is so satisfied.

[F4 (5) In this Part of this Act the expression “appropriate minimum age” means the age of eighteen or, in a case falling within any classfor which a lower age is for the time being prescribed, that lower age.]

Textual Amendments

F3 Words substituted by Armed Forces Act 1966 (c. 45), Sch. 4

F4 S. 2(5) substituted by Armed Forces Act 1971 (c. 33), s. 63(1)

Appointment to corps and transfer from one corps to another U.K.

3 Enlistment for general or corps service and appointment to and transfer between corps. U.K.

(1) Recruits may, in pursuance of regulations of [F5 the Defence Council] under this Part of this Act, be enlisted for service in particular corps, but save as may be providedby such regulations recruits shall be enlisted for general service.

(2) The competent military authority shall as soon as practicable appoint a recruit, if enlisted for servicein a corps, to that corps, andif enlisted for general service, to such corps as the competent militaryauthority may think fit:

Provided that a recruit enlisted for general service before attaining the age of eighteen years neednot be appointed to a corps until he attains that age.

(3) A soldier of the regular forces may at any time be transferred by order of the competent militaryauthority from one corps to another:

Provided that except while a state of war exists between Her Majesty and any foreign power, or menof the reserve are called out on permanent service, an order under this subsection shall not be madeotherwise than by [F5 a member of the Army Board] unless the person to whom the order relates consents to the transfer.

(4) Where, in pursuance of the last foregoing subsection, a soldier of the regular forces is transferredto a corps in an arm or branch of the service different from that in which he was previously serving, thecompetent military authority may by order vary the conditions of his service so as to correspond with thegeneral conditions of service in the arm or branch to which he is transferred.

Textual Amendments

F5 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

Modifications etc. (not altering text)

C14 S. 3(3) extended by Reserve Forces Act 1980 (c. 9), s. 18(2)

4—7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 U.K.

Textual Amendments

F6 Ss. 4–8 repealed with saving by S.I. 1967/1018, Sch. 3 Pt. I

Extension of service U.K.

8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7 U.K.

Textual Amendments

F7 Ss. 4–8 repealed with saving by S.I. 1967/1018, Sch. 3 Pt. I

9 Postponement in certain cases of discharge or transfer to the reserve. U.K.

(1) Where at the time at which apart from this section a soldier of the regular forces would be entitledto be discharged, or would fall to be transferred to the reserve, a state of war exists between Her Majestyand any foreign power, or men of the reserve are called out on permanent service, or he is serving outsidethe United Kingdom, he may be retained in army service for such period as is hereinafter mentioned, and hisservice may be prolonged accordingly.

(2) No person shall be retained in army service by virtue of this section later than the expiration oftwelve months after the date on which apart from this section he would be entitled to be discharged.

(3) Subject to the provisions of the last foregoing subsection, a person who apart from this section wouldbe entitled to be discharged may be retained in army service for such period as the competent militaryauthority may order.

(4) Subject as aforesaid, a person who apart from this section would fall to be transferred to the reservemay be retained in army service for such period, ending not later than twelve months after the date on whichapart from this section he would fall to be transferred to the reserve, as the competent military authoritymay order or for any period or further period during which men of the reserve continue called out onpermanent service.

(5) If while a soldier is being retained in army service by virtue of this section it appears to thecompetent military authority that his services can be dispensed with, he shall be entitled to be dischargedor transferred to the reserve as the case may require.

(6) Where, at the time at which under the foregoing provisions of this section a soldier is entitled to bedischarged or transferred to the reserve, a state of war exists between Her Majesty and any foreign power,he may, by declaration made in the prescribed form before his commanding officer, agree to continue in armyservice while such a state of war exists; and if the competent military authority approve he may continueaccordingly as if the period for which his term of service could be prolonged under the foregoing provisionsof this section were a period continuing so long as a state of war exists:

Provided that if it is so specified in the declaration he shall be entitled to be discharged ortransferred to the reserve, as the case may require, at the expiration of three months’ notice given by himto his commanding officer.

(7) In relation to soldiers serving outside the United Kingdom, references in this section to being entitledto be transferred to the reserve shall be construed as references to being entitled to be sent to the UnitedKingdom with all convenient speed for the purpose of being transferred to the reserve.

Modifications etc. (not altering text)

C15 S. 9 extended by Reserve Forces Act 1980 (c. 9), s. 19(3); modified Reserve Foces Act 1980 (c. 9), s. 83(1)(a)(3)

C16 S. 9 modified (1.1.1999) by S.I. 1998/3086, reg. 11, Sch. para. 1

[F8 10 (1) If it appears to Her Majesty that national danger is imminent or that a great emergency has arisen, Shemay by order, signified under the hand of the Secretary of State, provide that soldiers who would otherwisefall to be transferred to the reserve shall continue in army service; and thereupon the last foregoingsection shall apply to such soldiers as it applies while men of the reserve are called out on permanentservice.

(2) Where an order has been made under subsection (1) above, the occasion thereof shall forthwith becommunicated to Parliament.

(3) An order in force under subsection (1) above may be revoked by order of Her Majesty signified as thereinmentioned]

Textual Amendments

F8 S. 10 substituted by Armed Forces Act 1966 (c. 45), s. 12(1)

Discharge and transfer to reserve U.K.

11 Discharge. U.K.

(1) Save as hereinafter provided every soldier of the regular forces, upon becoming entitled to bedischarged, shall be discharged with all convenient speed but until discharged shall remain subject tomilitary law.

(2) Where a soldier of the regular forces enlisted in the United Kingdom is, when entitled to be discharged,serving out of the United Kingdom, then—

(a) if he requires to be discharged in the United Kingdom, he shall be sent there free of cost with allconvenient speed and shall be discharged on his arrival there or, if he consents to his discharge beingdelayed, within six months from his arrival; but

(b) if at his request he is discharged at the place where he is serving he shall have no claim to be sentto the United Kingdom or elsewhere.

(3) Except in pursuance of the sentence of a court-martial (whether under this Act, [F9 the M1 Naval Discipline Act 1957] or the M2 Air Force Act 1955), a soldier of the regular forces shall not bedischarged unless his discharge has been authorised by order of the competent military authority or byauthority direct from Her Majesty; and in any case the discharge of a soldier of the regular forces shallbe carried out in accordance with Queen’s Regulations.

(4) Every soldier of the regular forces shall on his discharge be given a certificate of dischargecontaining such particulars as may be prescribed.

(5) A soldier of the regular forces who is discharged in the United Kingdom shall be entitled to be conveyedfree of cost from the place where he is discharged to the place stated in his attestation paper to be theplace where he was attested or to any place at which he intends to reside and to which he can be conveyedwith no greater cost.

Textual Amendments

F9 Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)

Marginal Citations

M1 1957 c. 53.

M2 1955 c. 19.

12 Transfer to the reserve. U.K.

(1) Every soldier of the regular forces upon falling to be transferred to the reserve shall be transferredto the reserve but until so transferred shall remain subject to military law.

(2) Where a soldier of the regular forces, when falling to be transferred to the reserve, is serving outof the United Kingdom, he shall be sent to the United Kingdom free of cost with all convenient speed andshall be transferred to the reserve on his arrival there, or if he consents to his transfer being delayed,within six months from his arrival:

Provided that if he so requests he may be transferred to the reserve without being required to returnto the United Kingdom.

(3) A soldier who is transferred to the reserve in the United Kingdom shall be entitled to be conveyed freeof cost from the place where he is transferred to the place stated in his attestation paper to be the placewhere he was attested or to any place at which he intends to reside and to which he can be conveyed withno greater cost:

Provided that he shall not be entitled to be conveyed to any place outside the United Kingdom.

13 Postponement of discharge or transfer pending proceedings for offences. U.K.

(1) Notwithstanding anything in this Part of this Act, a soldier of the regular forces shall not be entitledto be discharged or transferred to the reserve at a time when he has become liable, as a person subject tomilitary law, [F10 the M3 Naval Discipline Act 1957] or air-force law, to be proceeded against for an offence against any of the provisions of thisAct, [F10 the Naval Discipline Act 1957] or the M4 Air Force Act 1955:

Provided that if it is determined that the offence shall not be tried by court-martial this subsectionshall cease to apply.

(2) Notwithstanding anything in this Part of this Act, a soldier of the regular forces who is outside theUnited Kingdom and serving a sentence of imprisonment or detention awarded by a court-martial under thisAct, [F10 the M5 Naval Discipline Act 1957] or the M6 Air Force Act 1955, shall not be entitled to be discharged or transferredto the reserve during the currency of the sentence.

Textual Amendments

F10 Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)

Modifications etc. (not altering text)

C17 S. 13 extended by Reserve Forces Act 1980 (c. 9), s. 19(3)

Marginal Citations

M3 1957 c. 53.

M4 1955 c. 19.

M5 1957 c. 53.

M6 1955 c. 19.

14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11 U.K.

Textual Amendments

F11 S. 14 repealed by S.I. 1972/1955, Sch. Pt. I

15 Right of warrant officer to discharge on reduction to ranks. U.K.

A warrant officer of the regular forces who is reduced to the ranks may thereupon claim to be dischargedunless a state of war exists between Her Majesty and any foreign power or men of the reserve are called outon permanent service.

16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12 U.K.

Textual Amendments

F12 S. 16 repealed by Mental Health (Scotland) Act 1960 (c. 61), Sch. 5

Miscellaneous and supplementary provisions U.K.

17 Forfeiture of service for desertion and restoration of forfeited service. U.K.

(1) Where a soldier of the regular forces is convicted of desertion by court-martial, the period of hisservice as respects which he is convicted of having been a deserter shall be forfeited.

(2) Where any of a soldier’s service is forfeited the provisions of this Part of this Act . . . F13 shall apply to him, and he shall be liable to serve, in like manner as if theappropriate date were the date of his attestation and he had, on the appropriate date, been duly enlistedto serve for the like term (both as respects duration and as respects liability to army service and anyliability to serve in the reserve) as that for which he was in fact serving at the date of his conviction:

Provided that where at the date of his conviction the soldier was serving a term ending with theexpiration of a period beginning with the date of his attaining the age of eighteen years and he hadattained that age when he was convicted (whether or not he had attained it when the offence was committed)the duration of the term for which he is liable to serve shall be equal to that period and the time forwhich he is required to serve in army service shall be reduced accordingly.

[F14 (3) In subsection (2) above “the appropriate date” means in relation to any person a date earlier than the date of hisconviction for desertion by the length of his service which is not forfeited.]

(4) Notwithstanding anything in the foregoing provisions of this section, the right conferred on a soldierby [F15 regulations made in pursuance of section 2(1)(c) of the M7 Armed ForcesAct 1966] shall not be exercisable, in consequence of a orfeiture of service, at a time earlier than that atwhich it would have been exercisable apart from the forfeiture.

(5) [F16 The Defence Council] may by regulations make provision for the restoration in whole or in part of any forfeited serviceto a soldier in consideration of good service or on other grounds justifying the restoration of serviceforfeited.

(6) Where service of any description is restored to a person by virtue of the last foregoing subsectionwhile he is in army service,—

(a) the amount of the service so restored shall, subject to the provisions of the next following paragraph,be credited to him for the purpose of determining for the purposes of this Act the amount of service, armyservice or service in the reserve, as the case may require, which he has served or is liable to serve; but

(b) in the case of a person who, when his service is restored, is serving, or subsequently serves, on termswhich entitle him to the right conferred by [F15 regulations made in pursuance of section 2(1)(c) of the M8 Armed ForcesAct 1966] the restoration shall not operate to alter the dates on which, by reason of the operation ofsubsection (2) of this section, his army service may be determined in pursuance of an exercise of thatright.

(7) Nothing in this section shall apply to a person who deserts at a time when he is, under [F15 regulations made in pursuance of section 2 of the M9 Armed Forces Act1966 or under any enactment repealed by such regulations], continued in service after the completion of twenty-two years’ service.

Textual Amendments

F13 Words repealed by Armed Forces Act 1976 (c. 52), Sch. 10

F14 S. 17(3) substituted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 1(2)

F15 Words substituted by S.I. 1967/1018, Sch. 3 Pt. 3

F16 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

Modifications etc. (not altering text)

C18 S. 17(2) amended by S.I. 1967/1018, Sch. 3 Pt. 3

Marginal Citations

M7 1966 c. 45.

M8 1966 c. 45.

M9 1966 c. 45.

18 Validity of attestation and enlistment. U.K.

(1) Where a person has signed the declaration required by the First Schedule to this Act, and has thereafterreceived pay as a soldier of the regular forces,—

(a) the validity of his enlistment shall not be called in question on the ground of any error or omissionin his attestation paper;

(b) if within three months from the date on which he signed the said declaration he claims that hisenlistment is invalid by reason of any non-compliance with the requirements of this Act as to enlistmentor attestation, or any other ground whatsoever (not being an error or omission in his attestation paper)on which apart from this subsection the validity of his enlistment could have been called in question, theclaim shall be submitted as soon as may be to [F17 the Defence Council], and if the claim is well founded [F17 the Defence Council] shall cause him to be discharged with all convenient speed;

(c) subject to the provisions of the last foregoing paragraph, he shall be deemed as from the expirationof the said three months to have been validly enlisted notwithstanding any such non-compliance or othergrounds as aforesaid;

(d) notwithstanding any such non-compliance or other grounds as aforesaid, or the making of a claim inpursuance of paragraph (b) of this subsection, he shall be deemed to be a soldier of the regular forcesuntil his discharge.

In the case of a person who when he signed the said declaration had not attained the [F18 appropriate minimum age], paragraph (b) of this subsection shall have effect as if for the words “he claims" there weresubstituted the words “he, or any person whose consent to the enlistment was required under subsection(3) of section two of this Act but who did not duly consent, claims".

(2) Where a person has received pay as a soldier of the regular forces without having previously signed thedeclaration required by the First Schedule to this Act, then—

(a) he shall be deemed to be a soldier of the regular forces until discharged;

(b) he may claim his discharge at any time, and if he does so the claim shall be submitted as soon as maybe to [F17 the Defence Council], who shall cause him to be discharged with all convenient speed.

(3) Nothing in the foregoing provisions of this section shall be construed as prejudicing the determinationof any question as to the term for which a person was enlisted or as preventing the discharge of a personwho has not claimed his discharge.

Textual Amendments

F17 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F18 Words substituted by Armed Forces Act 1966 (c. 45), Sch. 4

19 False answers in attestation paper. U.K.

(1) If a person appearing before a recruiting officer for the purpose of being attested knowingly makes afalse answer to any question contained in the attestation paper and put to him by or by the direction ofthe recruiting officer, he shall be liable on summary conviction to imprisonment for a term not exceedingthree months or to a fine not exceeding [F19 level 1 on the standard scale].

(2) For the avoidance of doubt it is hereby declared that a person may be proceeded against under thissection notwithstanding that he has since become subject to military law.

Textual Amendments

F19 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss.38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) S.I.1984/703 (N.I. 3), arts. 5, 6

20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20 U.K.

Textual Amendments

F20 S. 20 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. I

21 Service of aliens in regular forces. U.K.

(1) Subject to the provisions of the two next following subsections the number of aliens who at any one timeare serving (whether as officers or soldiers) in the regular forces shall not exceed one-fiftieth of theaggregate number at that time of those forces.

(2) In reckoning the number of aliens serving as aforesaid there shall be excluded persons enlisted outsidethe United Kingdom and serving in such units (if any) as may be prescribed, and officers serving in suchunits.

(3) [F21 The Defence Council] may by regulations provide that at any time at which a state of war exists between Her Majesty andany foreign power or while men of the reserve are called out on permanent service subsection (1) of thissection shall have effect with the substitution for one-fiftieth of such other fraction as may be specifiedin the regulations.

(4) Nothing in section three of the Act of Settlement (which provides among other things that aliens areincapable of holding certain offices or places of trust) shall apply to an office or place of trust in theregular forces so long as the limit having effect under the foregoing provisions of this section is notexceeded.

(5) [F21 The Defence Council] may by regulations provide that in such cases as may be prescribed by the regulations it shall notbe necessary to administer the oath of allegiance to an alien on his enlistment; and in relation to casesso prescribed this Act shall have effect with the omission of references to the administration and takingof the oath of allegiance.

Textual Amendments

F21 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

22 Regulations as to enlistment. U.K.

[F22 The Defence Council] may make such regulations as appear to them necessary or expedient for the purposes of, or inconnection with, the enlistment of recruits for the regular forces and generally for carrying this Part ofthis Act into effect.

Textual Amendments

F22 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

23 Interpretation of Part I. U.K.

(1) In this Part of this Act:—

• “competent military authority” means [F23 the Defence Council] or any prescribed officer;

• “date of attestation”, in relation to any person, means the date on which he signs thedeclaration and takes the oath mentioned in paragraph 3 of the First Schedule to this Act;

• [F24 “appropriate minimum age” ] has the meaning assigned to it by subsection (5) of section two of this Act;

• “prescribed” means prescribed by regulations made under this Part of this Act;

• “recruiting officer” has the meaning assigned to it by section one of this Act;

• “reserve” means . . . F25 the army reserve.

(2) References in this Part of this Act to soldiers shall include references to warrant officers and tonon-commissioned officers.

Textual Amendments

F23 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F24 Words substituted by Armed Forces Act 1966 (c. 45), Sch. 4

F25 Words repealed by Reserve Forces Act 1966 (c. 30), Sch. 2

Part II U.K. Discipline and Trial and Punishment of Military Offences

Modifications etc. (not altering text)

C19 Part II extended by Reserve Forces Act 1980 (c. 9), s. 142

C20 Part II applied (1.6.1996 subject to art. 3 of the commencing S.I.) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 18(9)(a), 20(10)(a); S.I. 1996/1173, art. 2

Misconduct in action and other offences arising out of military service U.K.

[F26 24 Misconduct in action. U.K.

(1) A person subject to military law shall be guilty of an offence against this section if, without lawfulexcuse, he—

(a) surrenders any place or thing to the enemy, or

(b) abandons any place or thing which it is his duty to defend against the enemy or to prevent from fallinginto the hands of the enemy.

(2) A person subject to military law shall be guilty of an offence against this section if, being in thepresence or vicinity of the enemy, or being engaged in any action or operation against the enemy or underorders to be prepared for any action or operation by or against the enemy, he—

(a) fails to use his utmost exertions to carry the lawful orders of his superior officers into execution,or

(b) while on guard duty and posted or ordered to patrol, or while on watch, sleeps or, without having beenregularly relieved, leaves any place where it is his duty to be, or

(c) behaves in such a manner as to show cowardice, or induces any other person so to behave at a time whenthat other person, being a member of Her Majesty’s forces or of a force co-operating with Her Majesty’sforces, is in the presence or vicinity of the enemy, or is engaged in any action or operation against theenemy or under orders to be prepared for any action or operation by or against the enemy, or

(d) uses words likely to cause despondency or unnecessary alarm.

(3) A person guilty of an offence against this section shall, on conviction by court-martial, beliable—

(a) if the offence consisted in an act or omission falling within subsection (1) or paragraph (a) ofsubsection (2) and was committed with intent to assist the enemy, to suffer death or any less punishmentprovided by this Act;

(b) in any other case, to imprisonment or any less punishment provided by this Act.

(4) The reference in subsection (2)(a) above to superior officers shall be construed in accordance withsection 33(2) of this Act.]

Textual Amendments

F26 Ss. 24-26 substituted for ss. 24-28 by Armed Forces Act 1971 (c. 33), ss. 2(1), 78(4)

25 Assisting the enemy. U.K.

(1) A person subject to military law shall be guilty of an offence against this section if, knowingly andwithout lawful excuse, he—

(a) communicates with, or gives intelligence to, the enemy, or

(b) fails to make known to the proper authorities any information received by him from the enemy, or

(c) furnishes the enemy with supplies of any description, or

(d) having been captured by the enemy, serves with or aids the enemy in the prosecution of hostilities orof measures likely to influence morale, or in any other manner whatsoever not authorised by internationalusage, or

(e) having been captured by the enemy, fails to take, or prevents or discourages any other person subjectto service law who has been captured by the enemy from taking, any reasonable steps to rejoin Her Majesty’sservice which are available to him or, as the case may be, to that other person, or

(f) harbours or protects an enemy not being a prisoner of war.

(2) A person guilty of an offence against this section shall, on conviction by court-martial, beliable—

(a) if the offence consisted in an act or omission falling within paragraph (a), (b), (c), (d) or (f) ofsubsection (1) and was committed with intent to assist the enemy, to suffer death or any less punishmentprovided by this Act,

(b) in any other case, to imprisonment or any less punishment provided by this Act.

26 Obstructing operations, giving false air signals, etc. U.K.

(1) A person subject to military law shall be guilty of an offence against this section if he does any actlikely to imperil the success of any action or operation on the part of any of Her Majesty’s forces, orwilfully delays or discourages upon any pretext whatsoever any such action or operation.

(2) A person subject to military law shall be guilty of an offence against this section if, knowingly andwithout lawful excuse, he gives any false air signal, or alters or interferes with any air signal or anyapparatus for giving an air signal.

(3) A person guilty of an offence against this section shall, on conviction by court-martial, beliable—

(a) if the offence was committed with intent to assist the enemy, to suffer death or any less punishmentprovided by this Act;

(b) in any other case, to imprisonment or any less punishment provided by this Act.

[F27 27 Prize offences by commanding officers. U.K.

(1) Any person subject to military law who, being in command of any of Her Majesty’s ships oraircraft—

(a) having taken any ship or aircraft as prize, fails to send to the High Court, or to some other prizecourt having jurisdiction in the case, all the ship papers or aircraft papers, as the case may be, foundon board, or

(b) unlawfully makes any agreement for the ransoming of any ship, aircraft or goods taken as prize, or

(c) in pursuance of any such agreement as aforesaid, or otherwise by collusion, restores or abandons anyship, aircraft or goods taken as prize,

shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.

(2) In this section “prize court” means a prize court within the meaning of the M10 Naval PrizeAct 1864, and “ship papers” and “aircraft papers” have the same meanings as in that Act.]

Textual Amendments

F27 Ss. 27, 28 inserted by Armed Forces Act 1971 (c. 33), ss. 3(1), 78(4)

Marginal Citations

M10 1864 c. 25.

28 Other prize offences. U.K.

Any person subject to military law who—

(a) F28 ill-treats any person who is on board a ship or aircraft when taken as prize,or unlawfully takes from any such person anything in his possession, or

(b) removes out of any ship or aircraft taken as prize (otherwise than for safe keeping or for the necessaryuse and service of any of Her Majesty’s forces or any forces co-operating therewith) any goods notpreviously adjudged by a prize court within the meaning of the M11 Naval Prize Act 1864 tobe lawful prize, or

(c) breaks bulk on board any ship or aircraft taken as prize, or detained in exercise of any belligerentright or under any enactment, with intent to steal anything therein,

shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.

Textual Amendments

F28 Words repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), ss. 4(1), 16(2), Sch. 2

Marginal Citations

M11 1864 c. 25.

[F29 29 Offences by or in relation to sentries, persons on watch, etc. U.K.

Any person subject to military law who—

(a) while on guard duty and posted or ordered to patrol, or on watch, or under orders to regulate trafficby land, water or air, sleeps or, without having been regularly relieved, leaves any place where it is hisduty to be, or

(b) F30 uses force against a member of Her Majesty’s forces, or of any forcesco-operating therewith, who is on guard duty and posted or ordered to patrol, or on watch, or under ordersto regulate traffic by land, water or air, or

(c) by the threat of force compels any such person as is mentioned, leaves any place where it is his dutyto be, or

(d) in paragraph (b) above to let him or any other person pass,

shall be liable, on conviction by court-martial, to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.]

Textual Amendments

F29 S. 29 substituted by Armed Forces Act 1971 (c. 33), ss. 4(1), 78(4)

F30 Words repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), ss. 4(1), 16(2), Sch. 2

[F31 29A Failure to attend for duty, neglect of duty, etc. U.K.

Any person subject to military law who—

(a) without reasonable excuse fails to attend for any duty of any description, or leaves any such dutybefore he is permitted to do so, or

(b) neglects to perform, or negligently performs, any duty of any description,

shall be liable, on conviction by court-martial, to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.]

Textual Amendments

F31 S. 29A inserted by Armed Forces Act 1971 (c. 33), ss. 5(1), 78(4)

30 Looting. U.K.

Any person subject to military law who—

(a) steals from, or with intent to steal searches, the person of anyone [F32 killed, wounded or captured in the course of warlike operations, or killed, injuredor detained in the course of operations undertaken by Her Majesty’s forces for the preservation of law andorder or otherwise in aid of the civil authorities], or

(b) steals any property which has been left exposed or unprotected in consequence of [F32 any such operations as are mentioned in paragraph (a) above], or

(c) takes otherwise than for the public service any vehicle, equipment or stores abandoned by the enemy,

shall be guilty of looting and liable, on conviction by court-martial, to imprisonment or any lesspunishment provided by this Act.

Textual Amendments

F32 Words substituted by Armed Forces Act 1971 (c. 33), ss. 6(1), 78(4)

Modifications etc. (not altering text)

C21 S. 30 extended (E.W.) (S.) by Rehabilitation of Offenders Act 1974 (c. 53), s. 2(3)(a)

Mutiny and insubordination U.K.

31 Mutiny. U.K.

(1) Any person subject to military law who—

(a) takes part in a mutiny F33 having as its object or one of its objects the refusal or avoidance of any dutyor service against, or in connection with operations against, the enemy, or the impeding of the performanceof any such duty or service, or

(b) incites any person subject to service law to take part in such a mutiny, whether actual or intended,

shall, on conviction by court-martial, be liable to suffer death or any other punishment provided bythis Act.

(2) Any person subject to military law who, in a case not falling within the last foregoing subsection,takes part in a mutiny, or incites any person subject to service law to take part in a mutiny, whetheractual or intended, shall, on conviction by court-martial, be liable to imprisonment or any less punishmentprovided by this Act.

(3) In this Act the expression “mutiny” means a combination between two or more persons subject to service law, or betweenpersons two at least of whom are subject to service law—

(a) to overthrow or resist lawful authority in Her Majesty’s forces or any forces co-operating therewithor in any part of any of the said forces,

(b) to disobey such authority in such circumstances as to make the disobedience subversive of discipline,or with the object of avoiding any duty or service against, or in connection with operations against, theenemy, or

(c) to impede the performance of any duty or service in Her Majesty’s forces or in any forces co-operatingtherewith or in any part of any of the said forces;F33

Textual Amendments

F33 Words repealed by Armed Forces Act 1971 (c. 33), ss. 78(4), Sch. 4 Pt. I

32 Failure to suppress mutiny. U.K.

Any person subject to military law who, knowing that a mutiny is taking place or is intended,—

(a) fails to use his utmost endeavours to suppress or prevent it, or

(b) fails to report without delay that the mutiny is taking place or is intended,

shall on conviction by court-martial,—

(i) if his offence was committed with intent to assist the enemy, be liable to suffer death or any otherpunishment provided by this Act,

(ii) in any other case, be liable to imprisonment or any less punishment provided by this Act.

33 Insubordinate behaviour. U.K.

(1) Any person subject to military law who—

(a) F34 uses violence to, or offers violence to, his superior officer, or

(b) uses threatening or insubordinate language to his superior officer,

shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided bythis Act:

[F35 Provided that it shall be a defence for any person charged under this subsection toprove that he neither knew nor had reasonable cause to believe that the person in relation to whom theoffence is alleged to have been committed was his superior officer.]

(2) In the foregoing provisions of this section the expression “superior officer”, in relation to any person, means an officer, warrant officer ornon-commissioned officer of the regular forces of superior rank, and includes an officer, warrant officeror non-commissioned officer of those forces of equal rank but greater seniority while exercising authorityas the said person’s superior.

Textual Amendments

F34 Words repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), ss. 4(1), 16(2), Sch. 2

F35 Proviso substituted by Armed Forces Act 1971 (c. 33), ss. 8(1), 78(4)

[F36 34 Disobedience to lawful commands. U.K.

Any person subject to military law who, whether wilfully or, through neglect, disobeys any lawfulcommand (by whatever means communicated to him) shall, on conviction by court-martial, be liable toimprisonment or any less punishment provided by this Act.]

Textual Amendments

F36 S. 34 substituted by Armed Forces Act 1971 (c. 33), ss. 8(2), 78(4)

[F37 34A Failure to provide a sample for drug testing. U.K.

(1) Any person subject to military law who, when requested to do so by a drug testing officer, fails to provide a sample of his urine for testing for the presence of drugs shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding six months or any less punishment provided by this Act.

(2) For the purposes of this section—

• “drug” means any drug which is a controlled drug for the purposes of the M12 Misuse of Drugs Act 1971; and

• “drug testing officer” means an officer, warrant officer or non-commissioned officer who is authorised by or in accordance with Queen’s Regulations for the purpose of supervising the conduct of tests for the presence of drugs.]

Textual Amendments

F37 S. 34A inserted (1.10.1996 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 32(1); S.I. 1996/2474, art. 2 (with art. 3)

Marginal Citations

M12 1971 c. 38.

35 Obstruction of provost officers. U.K.

Any person subject to military law who—

(a) obstructs, or

(b) when called on, refuses to assist,

[F38 any provost officer, or any person] (whether subject to military law or not) legally exercising authority under or on behalf of a provostofficer, shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act:

[F39 Provided that it shall be a defence for any person charged under this section to provethat he neither knew nor had reasonable cause to believe that the person in relation to whom the offenceis alleged to have been committed was a provost officer or, as the case may be, a person legally exercisingauthority under or on behalf of a provost officer.]

Textual Amendments

F38 Words substituted by Armed Forces Act 1971 (c. 33), ss. 9(1)(a), 78(4)

F39 Proviso inserted by Armed Forces Act 1971 (c. 33), ss. 9(1)(b), 78(4)

36 Disobedience to standing orders. U.K.

(1) Any person subject to military law who contravenes or fails to comply with any provision of orders towhich this section applies, being a provision known to him, or which he might reasonably be expected toknow, shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.

(2) This section applies to standing orders or other routine orders of a continuing nature made for anyformation or unit or [F40 body of Her Majesty’s forces], or for any command or other area, garrison or place, or for any ship, train or aircraft.

Textual Amendments

F40 Words substituted by Armed Forces Act 1971 (c. 33), ss. 10(1), 78(4)

Desertion, absence without leave, etc. U.K.

[F41 37 Desertion. U.K.

(1) Any person subject to military law who deserts shall, on conviction by court-martial, be liable toimprisonment or any less punishment provided by this Act.

(2) For the purposes of this Act a person deserts who—

(a) leaves or fails to attend at his unit, ship or place of duty with the intention of remaining permanentlyabsent from duty without lawful authority, or, having left or failed to attend at his unit, ship or placeof duty, thereafter forms the like intention, or

(b) absents himself without leave with intent to avoid serving at any place overseas, or to avoid serviceor any particular service when before the enemy,

and references in this Act to desertion shall be construed accordingly.]

Textual Amendments

F41 S. 37 substituted by Armed Forces Act 1971 (c. 33), ss. 11(1), 78(4)

[F42 38 Absence without leave. U.K.

Any person subject to military law who—

(a) absents himself without leave, or

(b) improperly leaves his ship,

shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.]

Textual Amendments

F42 S. 38 substituted by Armed Forces Act 1971 (c. 33), ss. 12(1), 78(4)

[F43 39 Failure to report or apprehend deserters or absentees. U.K.

Any person subject to military law who, knowing that any other person so subject has committed anoffence, or is attempting to commit an offence, under section 37(1) or section 38 of this Act—

(a) fails to report the fact without delay, or

(b) fails to take any steps within his power to cause that other person to be apprehended,

shall be liable, on conviction by court-martial, to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.]

Textual Amendments

F43 S. 39 substituted by Armed Forces Act 1971 (c. 33), ss. 13(1), 78(4)

40, 41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44 U.K.

Textual Amendments

F44 Ss. 40, 41, 53 and 58 repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt.I

Malingering and drunkenness U.K.

42 Malingering. U.K.

(1) Any person subject to military law who—

(a) falsely pretends to be suffering from sickness or disability, or

(b) injures himself with intent thereby to render himself unfit for service, or causes himself to be injuredby any person with that intent, or

(c) injures another person subject to [F45 service law], at the instance of that person, with intent thereby to render that person unfit for service, or

(d) with intent to render or keep himself unfit for service, does or fails to do any thing (whether at thetime of the act or omission he is in hospital or not) whereby he produces, or prolongs or aggravates, anysickness or disability,

shall be guilty of malingering and shall, on conviction by court-martial, be liable to imprisonmentfor a term not exceeding two years or any less punishment provided by this Act.

(2) In this section the expression “unfit” includes temporarily unfit.

Textual Amendments

F45 Words substituted byArmed Forces Act 1971 (c. 33), ss. 14, 78(4)

43 Drunkenness. U.K.

(1) Any person subject to military law who is guilty of drunkenness, whether on duty or not, shall, onconviction by court-martial, be liable to imprisonment for a term not exceeding two years or any lesspunishment provided by this Act F46

F47 (2) For the purposes of this section a person is guilty of drunkenness if owing to the influence of alcoholor any drug, whether alone or in combination with any other circumstances, he is unfit to be entrusted withhis duty or with any duty which [F48 he might reasonably expect to be called upon to perform], or behaves in a disorderly manner or in any manner likely to bring discredit on Her Majesty’sservice.

Textual Amendments

F46 Words repealed by Armed Forces Act 1966 (c. 45), s. 37(3), Sch. 5

F47 Proviso repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

F48 Words substituted by Armed Forces Act 1971 (c. 33), ss. 15(1), 78(4)

Disorderly conduct U.K.

[F49 43A Fighting, threatening words, etc. U.K.

Any person subject to military law who, without reasonable excuse—

(a) fights with any other person, whether subject to military law or not, or

(b) uses threatening, abusive, insulting or provocative words or behaviour likely to cause a disturbance,

shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.]

Textual Amendments

F49 S. 43A inserted by Armed Forces Act 1971 (c. 33), ss. 16(1), 78(4)

Offences relating to property U.K.

[F50 44 Damage to, and loss of, public or service property, etc. U.K.

(1) Any person subject to military law who—

(a) wilfully damages or causes the loss of, or is concerned in the wilful damage or loss of, any public orservice property, or any property belonging to another person so subject, or

(b) by wilful neglect causes or allows damage to, or the loss of, any public or service property or propertyso belonging,

shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided bythis Act.

(2) Any person subject to military law who—

(a) by any negligent act or omission causes or allows damage to, or the loss of, any public or serviceproperty, or

(b) is guilty of any wilful or negligent act or omission which is likely to cause damage to, or the lossof, any such property,

shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.]

Textual Amendments

F50 Ss. 44, 44A-46 substituted for ss. 44-46 by Armed Forces Act 1971 (c. 33), ss. 17(1),78(4)

44A Damage to, and loss of, Her Majesty’s aircraft or aircraft material. U.K.

(1) Without prejudice to the generality of section 44 above, a person subject to military law shall beguilty of an offence against this section if he—

(a) wilfully damages or causes the loss of, or is concerned in the wilful damage or loss of, any of HerMajesty’s aircraft or aircraft material, or

(b) by wilful neglect causes or allows damage to, or the loss of, any of Her Majesty’s aircraft or aircraftmaterial, or

(c) without lawful authority disposes of any of Her Majesty’s aircraft or aircraft material, or

(d) by any negligent act or omission causes or allows damage to, or the loss of, any of Her Majesty’saircraft or aircraft material,

(e) is guilty of any wilful or negligent act or omission which is likely to cause damage to, or the lossof, any of Her Majesty’s aircraft or aircraft material, or

(f) during a state of war, wilfully and without proper occasion, or negligently, causes the sequestrationby or under the authority of a neutral state, or the destruction in a neutral state, of any of Her Majesty’saircraft.

(2) A person guilty of an offence against this section shall, on conviction by court-martial, beliable—

(a) if his offence consisted in an act or omission falling within paragraph (a), (b) or (c) of subsection(1), or if it consisted in an act or omission falling within paragraph (f) of that subsection and it isproved that he acted wilfully or with wilful neglect, to imprisonment or any less punishment provided bythis Act;

(b) in any other case, to imprisonment for a term not exceeding two years or any less punishment providedby this Act.

[F51 44B Interference etc. with equipment, messages or signals. U.K.

(1) Any person subject to military law who by any conduct of his—

(a) intentionally impairs the efficiency or effectiveness of any equipment which is public or serviceproperty; or

(b) intentionally interferes with or modifies any message or other signal which is being transmitted, bymeans of a telecommunication system, directly or indirectly to or from any such equipment,

shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided bythis Act.

(2) Any person subject to military law who is guilty of any conduct which is likely to have theeffect—

(a) of impairing the efficiency or effectiveness of any such equipment; or

(b) of interfering with or modifying any such message or signal,

shall (whether or not that conduct has that effect) be liable, on conviction by court-martial, toimprisonment for a term not exceeding two years or any less punishment provided by this Act.

(3) It shall be a defence for a person charged with an offence under subsection (2) of this section inrespect of any conduct likely to have a particular effect that, in the circumstances, his conduct was inall respects consistent with the exercise of reasonable care to avoid producing that effect.

(4) For the purposes of this section the efficiency or effectiveness of any equipment is impaired if,whether or not it is damaged, the equipment is made temporarily or permanently less efficient or effectiveeither for all purposes or for a particular purpose for which it has been designed, adapted, adjusted orprogrammed.

(5) In this section—

• “conduct” includes any act or omission;

• “equipment” includes any apparatus, any computer and any vessel, aircraft or vehicle;and

• “telecommunication system” has the same meaning as in the M13 Telecommunications Act 1984.]

Textual Amendments

F51 S. 44B inserted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 2(1)

Marginal Citations

M13 1984 c.12(96).

45 Misapplication and waste of public or service property. U.K.

Any person subject to military law who misapplies or wastefully expends any public or service propertyshall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or anyless punishment provided by this Act.

Modifications etc. (not altering text)

C22 S. 45 extended (E.W.) (S.) by Rehabilitation of Offenders Act 1974 (c. 53), s. 2(3)(a)

46 Offences relating to issues and decorations. U.K.

(1) Any person subject to military law who makes away with (whether by pawning, selling, destroying or inany other way), or loses, or by negligence damages or allows to be damaged—

(a) any clothing, arms, ammunition or other equipment issued to him for his use for military purposes, or

(b) any military, air-force or naval decoration granted to him,

shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.

(2) It shall be a defence for a person charged under this section with losing any property that he tookreasonable steps for its care and preservation.

Modifications etc. (not altering text)

C23 S. 46 extended (E.W.) (S.) by Rehabilitation of Offenders Act 1974 (c. 53), s. 2(3)(a)

Offences relating to billeting and requisitioning of vehicles U.K.

47 Billeting Offences. U.K.

Any person subject to military law who—

(a) knowing that no billeting requisition is in force under Part IV of this Act authorising him to demandany billets or that he is otherwise not authorised to demand them, obtains those billets or orders orprocures another person to obtain them;

(b) takes or agrees to take, or demands, from a person on whom he or any other person or any vehicle is oris to be billeted in pursuance of a billeting requisition under Part IV of this Act any money or thing asconsideration for not requiring, or ceasing to require, accommodation for himself or the said other personor standing room for the vehicle; or

[F52 (c) wilfully or by wilful neglect damages, or causes or allows to be damaged, any premises in which he isbilleted in pursuance of such a requisition, or any property being in such premises],

shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.

Textual Amendments

F52 S. 47(c) substituted by Armed Forces Act 1971 (c. 33), ss. 18, 78(4)

48 Offences in relation to requisitioning of vehicles. U.K.

(1) Any person subject to military law who—

(a) knowing that no requisitioning order is in force under Part IV of this Act authorising him to givedirections for the provision of any vehicle, or that he is otherwise not authorised to give such directions,gives directions for the provision of the vehicle or orders or procures another person to give suchdirections, or

(b) in purported exercise of powers conferred by a requisitioning order under Part IV of this Act takes,or orders or procures any other person to take, possession of a vehicle, knowing that no requisitioningorder is in force under the said Part IV under which the taking possession of the vehicle could beauthorised, or that the taking possession thereof is otherwise not authorised under such an order, or

(c) takes or agrees to take, or demands, from any person any money or thing as consideration for directions,or any particular directions, for the provision of a vehicle not being given, or possession of a vehiclenot being taken, or not being retained, under a requisitioning order under Part IV of this Act,

shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.

(2) The last foregoing subsection shall apply in relation to horses, mules, food, forage and stores (withinthe meaning of Part IV of this Act) as it applies in relation to vehicles.

Flying etc. offences U.K.

[F53 48A Loss or hazarding of ship. U.K.

Any person subject to military law who, either wilfully or by negligence, causes or allows to be lost,stranded or hazarded any of Her Majesty’s ships shall, on conviction by court-martial, be liable—

(a) if he acts wilfully or with wilful neglect, to imprisonment or any less punishment provided by this Act,

(b) in any other case, to imprisonment for a term not exceeding two years or any less punishment soprovided.]

Textual Amendments

F53 S. 48A inserted by Armed Forces Act 1971 (c. 33), ss. 19(1), 78(4)

49 Dangerous flying, etc. U.K.

Any person subject to military law who is guilty of any act or neglect in flying, or in the use of anyaircraft, or in relation to any aircraft or aircraft material, which causes or is likely to cause loss oflife or bodily injury to any person shall, on conviction by court-martial, be liable to imprisonment or anyless punishment provided by this Act:

Provided that if the offender has not acted wilfully or with wilful neglect he shall not be liableto be imprisoned for more than two years.

[F54 50 Inaccurate certification. U.K.

Any person subject to military law who makes or signs, without having ensured its accuracy,—

(a) a certificate relating to any matter affecting the seagoing or fighting efficiency of any of HerMajesty’s ships, or

(b) any certificate relating to any of Her Majesty’s aircraft or aircraft material,

shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.]

Textual Amendments

F54 S. 50 substituted by Armed Forces Act 1971 (c. 33), ss. 20(1), 78(4)

51 Low flying. U.K.

Any person subject to military law who, being the pilot of one of Her Majesty’s aircraft, flies it ata height less than such height as may be provided by any regulations issued under the authority of [F55 the Defence Council], F56 , except—

(a) while taking off or alighting, or

(b) in such other circumstances as may be so provided,

shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act:

[F57 Provided that where a pilot flies an aircraft in contravention of this section on theorders of some other person who is in command of the aircraft, that other person shall be treated for thepurposes of this section as having been the pilot of, and flying, the aircraft at the material time.]

Textual Amendments

F55 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F56 Words repealed by S.I. 1964/488, Sch. 1 Pt. I

F57 Proviso inserted by Armed Forces Act 1971 (c. 33), ss. 21(1), 78(4)

52 Annoyance by flying. U.K.

Any person subject to military law who, being the pilot of one of Her Majesty’s aircraft, flies it soas to cause, or to be likely to cause, unnecessary annoyance to any person shall, on conviction bycourt-martial, be liable to [F58 dismissal from Her Majesty’s service] or any less punishment provided by this Act:

[F59 Provided that where a pilot flies an aircraft in contravention of this section on theorders of some other person who is in command of the aircraft, that other person shall be treated for thepurposes of this section as having been the pilot of, and flying, the aircraft at the material time.]

Textual Amendments

F58 Words substituted by Armed Forces Act 1971 (c. 33), ss. 21(2), 78(4)

F59 Proviso inserted by Armed Forces Act 1971 (c. 33), ss. 21(1), 78(4)

Offences relating to, and by, persons in custody U.K.

53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60 U.K.

Textual Amendments

F60 Ss. 40, 41, 53 and 58 repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt.I

54 Permitting escape, and unlawful release of prisoners. U.K.

(1) Any person subject to military law who wilfully allows to escape any person who is committed to hischarge, or whom it is his duty to guard, shall, on conviction by court-martial, be liable to imprisonmentor any less punishment provided by this Act.

(2) Any person subject to military law who—

(a) without proper authority releases any person who is committed to his charge, or

(b) without reasonable excuse allows to escape any person who is committed to his charge, or whom it is hisduty to guard,

shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.

55 Resistance to arrest. U.K.

(1) Any person subject to military law who, being concerned in any quarrel or disorder, refuses to obey anyofficer who orders him into arrest, or F61 uses violence to, or offers violence to, any such officer, shall be guiltyof an offence against this section whether or not the officer is his superior officer.

(2) Any person subject to military law who F61 uses violence to, or offers violence to, any person, whether subject tomilitary law or not, whose duty it is to apprehend him or in whose custody he is shall be guilty of anoffence against this section.

(3) Any person guilty of an offence against this section shall, on conviction by court-martial, be liableto imprisonment for a term not exceeding two years or any less punishment provided by this Act.

Textual Amendments

F61 Words repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), ss. 4(1), 16(2), Sch. 2

56 Escape from confinement. U.K.

Any person subject to military law who escapes from arrest, prison or other lawful custody (whethermilitary or not), shall, on conviction by court-martial, be liable to imprisonment for a term not exceedingtwo years or any less punishment provided by this Act.

Offences in relation to courts-martial and civil authorities U.K.

57 Offences in relation to courts-martial. U.K.

(1) Any person subject to military law who—

(a) having been duly summoned or ordered to attend as a witness before a court-martial, fails to comply withthe summons or order, or

(b) refuses to swear an oath when duly required by a court-martial to do so, or

(c) refuses to produce any document in his custody or under his control which a court-martial has lawfullyrequired him to produce, or

(d) when a witness, refuses to answer any question which a court-martial has lawfully required him toanswer, or

(e) wilfully insults any person, being a member of a court-martial or a witness or any other person whoseduty it is to attend on or before the court, while that person is acting as a member thereof or is soattending, or wilfully insults any such person as aforesaid while that person is going to or returning fromthe proceedings of the court, or

(f) wilfully interrupts the proceedings of a court-martial or otherwise misbehaves before the court,

shall, on conviction by a court-martial, other than the court in relation to which the offence wascommitted, be liable to imprisonment for a term not exceeding two years or any less punishment provided bythis Act.

(2) Notwithstanding anything in the last foregoing subsection, where an offence against F62 that subsection is committed in relation to any court-martial held in pursuanceof this Act that court, if of opinion that it is expedient that the offender should be dealt with summarilyby the court instead of being brought to trial before another court-martial, may by order under the handof the president [F63 sentence the offender—

(a) if he is an officer, to imprisonment for a term not exceeding twenty-one days, or to a fine notexceeding the amount of his pay for twenty-eight days (a day’s pay being taken for this purpose as the grossamount which is, or would apart from any forfeiture be, issuable to the offender in respect of the day onwhich the order is made),

(b) in any other case, to imprisonment or detention for such a term as aforesaid, or to such a fine asaforesaid.]

[F64 (2A) If the offender has attained seventeen years of age but is under twenty-one years of age, subsection(2) above shall have effect in relation to him as if the power to impose a sentence of imprisonment werea power to make an order under section 71AA below.]

(3) References in paragraphs (a) to (f) of subsection (1) of this section to a court-martial shall includereferences to a court-martial [F65 or disciplinary court] held in pursuance of [F66 the M14 Naval Discipline Act 1957], [F65 and to a court-martial held in pursuance of] the M15 Air Force Act 1955, or the law of any colony.

Textual Amendments

F62 Words repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

F63 Words substituted by Armed Forces Act 1971 (c. 33), ss. 23(2), 78(4)

F64 S. 57(2A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1),s. 58, Sch. 8 para.1(1)

F65 Words inserted by Naval Discipline Act 1957 (c. 53), Sch. 5

F66 Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)

Modifications etc. (not altering text)

C24 S. 57(1) extended by Armed Forces Act 1976 (c. 52), Sch. 3 para. 15(1)

Marginal Citations

M14 1957 c. 53.

M15 1955 c. 19.

58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67 U.K.

Textual Amendments

F67 Ss. 40, 41, 53 and 58 repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt.I

59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68 U.K.

Textual Amendments

F68 S. 59 repealed by Armed Forces Act 1966 (c. 45), s. 37(3), Sch. 5

Miscellaneous offences U.K.

[F69 60 Unauthorised disclosure of information. U.K.

(1) Any person subject to military law who without lawful authority discloses or purports to disclose,whether orally, in writing, by signal or by any other means whatsoever, information relating to any matterupon which information would or might be useful to an enemy shall, on conviction by court-martial, be liableto imprisonment for a term not exceeding two years or any less punishment provided by this Act.

(2) It shall be a defence for a person charged with an offence under this section that he did not know andhad no reasonable cause to believe that the information disclosed related to a matter upon which informationwould or might be directly or indirectly useful to an enemy.]

Textual Amendments

F69 S. 60 substituted by Armed Forces Act 1971 (c. 33), ss. 24(1), 78(4)

61 Making of false statements on enlistment. U.K.

Any person who, when before a recruiting officer for the purpose of being attested in pursuance of PartI of this Act, has knowingly made a false answer to any question contained in the attestation paper and putto him by or by the direction of the recruiting officer shall if he has since become and remains subjectto military law be liable, on conviction by court-martial, to the like imprisonment as on summary convictionof an offence against section nineteen of this Act or to any less punishment provided by this Act.

Modifications etc. (not altering text)

C25 S. 61 extended (E.W.) (S.) by Rehabilitation of Offenders Act 1974 (c. 53), s. 2(3)(a)

[F70 62 Making of false documents. U.K.

(1) A person subject to military law who—

(a) makes an official document which is to his knowledge false in a material particular, or

(b) makes in any official document an entry which is to his knowledge false in a material particular, or

(c) tampers with the whole or any part of an official document (whether by altering it, destroying it, suppressing it, removing it or otherwise), or

(d) with intent to deceive, fails to make an entry in an official document,

is liable on conviction by court-martial to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

(2) For the purposes of this section—

(a) a document is official if it is or is likely to be made use of, in connection with the performance of his functions as such, by a person who holds office under, or is in the service of, the Crown; and

(b) a person who has signed or otherwise adopted as his own a document made by another shall be treated, as well as that other, as the maker of the document.

(3) In this section “document” means anything in which information of any description is recorded.]

Textual Amendments

F70 S. 62 substituted (31.1.1997) by 1995 c. 38, s. 15(1), Sch. 1 para. 1 (with ss. 1(3), 6(4)(5), 14); S.I. 1996/3217, art. 2

63 Offences against civilian population. U.K.

Any person subject to military law who, in any country or territory outside the United Kingdom, commitsany offence against the person or property of any member of the civil population shall, on conviction bycourt-martial, be liable to imprisonment for a term not exceeding two years or any less punishment providedby this Act.

[F71 63A Offences against morale. U.K.

Any person subject to military law who spreads (whether orally, in writing, by signal, or otherwise)reports relating to operations of Her Majesty’s forces, of any forces co-operating therewith, or of any partof any of those forces, being reports likely to create despondency or unnecessary alarm, shall, onconviction by court-martial, be liable to imprisonment for a term not exceeding two years or any lesspunishment provided by this Act.]

Textual Amendments

F71 S. 63A inserted by Armed Forces Act 1971 (c. 33), ss. 28(1), 78(4)

[F72 64 Scandalous conduct by officers. U.K.

Every officer subject to military law who behaves in a scandalous manner unbecoming the character ofan officer shall, on conviction by court-martial, be liable to dismissal from Her Majesty’s service withor without disgrace.]

Textual Amendments

F72 S. 64 substituted by Armed Forces Act 1971 (c. 33), ss. 29(1), 78(4)

Modifications etc. (not altering text)

C26 S. 64 extended (E.W.) (S.) by Rehabilitation of offenders Act 1974 (c. 53), s. 2(3)(a)

65 Ill-treatment of officers or men of inferior rank. U.K.

If—

(a) any officer subject to military law F73 ill-treats any officer subject thereto of inferior rank or less seniority orany warrant officer, non-commissioned officer or soldier subject to military law, or

(b) any warrant officer or non-commissioned officer subject to military law F73 ill-treats any person subject to military law, being a warrant officer ornon-commissioned officer of inferior rank or less seniority or a soldier,

he shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.

Textual Amendments

F73 Words repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), ss. 4(1), 16(2), Sch. 2

66 Disgraceful conduct. U.K.

Any person subject to military law who is guilty of disgraceful conduct of a cruel, indecent orunnatural kind shall, on conviction by court-martial, be liable to imprisonment for a term not exceedingtwo years or any less punishment provided by this Act.

Modifications etc. (not altering text)

C27 S. 66 extended (E.W.) (S.) by Rehabilitation of Offenders Act 1974 (c. 53), s. 2(3)(a)

67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74 U.K.

Textual Amendments

F74 Ss. 67, 75(3) and 81(3) repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt.I

68 Attempts to commit military offences. U.K.

Any person subject to military law who attempts to commit an offence against any of the foregoingprovisions of this Part of this Act [F75 or against section 69 below] shall, on conviction by court-martial, be liable to the like punishment as for that offence:

Provided that if the offence is one punishable by death, he shall not be liable to any greaterpunishment than imprisonment.

Textual Amendments

F75 Words inserted by Armed Forces Act 1971 (c. 33), ss. 32(1), 78(4)

[F76 68A Aiding and abetting etc., and inciting. U.K.

(1) Any person subject to military law who aids, abets, counsels or procures the commission by anotherperson of an offence against any of the foregoing provisions of this Part of this Act, or against section69 below, or who incites another person to commit any such offence, shall himself be guilty of the offencein question, and shall be liable to be charged, tried and punished accordingly.

(2) A person may be guilty by virtue of subsection (1) above of an offence against section 62 of this Actwhether or not he knows the nature of the document in question.]

Textual Amendments

F76 S. 68A inserted by Armed Forces Act 1971 (c. 33), ss. 32(2), 78(4)

69 Conduct to prejudice of military discipline. U.K.

Any person subject to military law who is guilty [F77 , whether by any act or ommission or otherwise, of conduct] to the prejudice of good order and military discipline shall, on conviction by court-martial, beliable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

Textual Amendments

F77 Words substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 4(2)

Civil offences U.K.

70 Civil offences. U.K.

(1) Any person subject to military law who commits a civil offence, whether in the United Kingdom orelsewhere, shall be guilty of an offence against this section.

(2) In this Act the expression “civil offence” means any act or omission punishable by the law of England or which, ifcommitted in England, would be punishable by that law; and in this Act the expression “the corresponding civil offence” means the civil offence the commission of whichconstitutes the offence against this section.

[F78 (2A) For the purpose of determining under this section whether an attempt to commit an offence is a civiloffence, subsection (4) of section 1 of the M16 Criminal Attempts Act 1981 (which relatesto the offence of attempt) shall have effect as if for the words “offence which, if it were completed,would be triable in England and Wales as an indictable offence" there were substituted the words “civiloffence consisting of an act punishable by the law of England and Wales as an indictable offence or an actwhich, if committed in England or Wales, would be so punishable by that law".]

(3) [F79 Subject to section 71A below,] a person convicted by court-martial of an offence against this section shall—

(a) if the corresponding civil offence is treason F80 , be liable to suffer death F80 ;

[F81 (aa) if the corresponding civil offence is murder, be liable to imprisonment for life];

[F82 (ab) if the corresponding civil offence is an offence of genocide consisting of the killing of any person,be liable to imprisonment for life];

(b) in any other case, be liable to suffer any punishment or punishments which a civil court could awardfor the corresponding civil offence, if committed in England, being a punishment or punishments providedby this Act, or such punishment, less than the maximum punishment which a civil court could so award, asis so provided:

F83 (4) A person shall not be charged with an offence against this section committed in the United Kingdom ifthe corresponding civil offence is treason, murder, manslaughter, treason-felony or rape [F84 or an offence of genocide][F85 or an offence under section 1 of the M17 Biological Weapons Act 1974 [F86 or an offence under section 2 or 11 of the Chemical Weapons Act 1996].]

[F87 In this and the following subsection the references to murder shall apply also toaiding, abetting, counselling or procuring suicide.]

(5) Where the corresponding civil offence is murder or manslaughter, [F88 or an offence of genocide consisting of the killing of any person] an offence against this section shall be deemed, for the purposes of the last foregoing subsection,to have been committed at the place of the commission of the act or occurrence of the neglect which causedthe death, irrespective of the place of the death.

[F89 (6) A person subject to military law may be charged with an offence against this section notwithstandingthat he could on the same facts be charged with an offence against any other provision of this Part of thisAct.]

Textual Amendments

F78 S. 70(2A) inserted by Criminal Attempts Act 1981 (c. 47), s. 7(1)

F79 Words inserted by Armed Forces Act 1976 (c. 52), s. 10(3)(a)

F80 Words repealed by Murder (Abolition of Death Penalty) Act 1965 (c. 71), Sch.

F81 S. 70(3)(aa) inserted by Murder (Abolition of Death Penalty) Act 1965 (c. 71), s. 1(4)

F82 S. 70(3)(ab) inserted by Genocide Act 1969 (c. 12), s. 1(6)(a)

F83 Proviso repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

F84 Words inserted by Genocide Act 1969 (c. 12), s. 1(6)(b)

F85 Words inserted by Biological Weapons Act 1974 (c. 6), s. 5(1)

F86 Words in s. 70(4) inserted (16.9.1996) by 1996 c. 6, s. 35(a) (with s. 37); S.I. 1996/2054, art. 2

F87 Words added by Suicide Act 1961 (c. 60), Sch. 1 Pt. II

F88 Words inserted by Genocide Act 1969 (c. 12), s. 1(6)(c)

F89 S. 70(6) added by Armed Forces Act 1971 (c. 33), ss. 34(1)(b), 78(4)

Modifications etc. (not altering text)

C28 S. 70 amended by Armed Forces Act 1976 (c. 52), s. 7(4)

Marginal Citations

M16 1981 c. 47.

M17 1974 c. 6.

Punishments available to courts-martial U.K.

[F90 71 Scale of punishments, and supplementary provisions. U.K.

(1) The punishments which may be awarded by sentence of a court-martial under this Act are, subject to thefollowing provisions of this section [F91 and section 71A below] and to the limitations hereinafter provided on the powers of certain courts-martial, as follows—

(a) death,

(b) imprisonment,

[F92 (bb) detention by virtue of a custodial order made under section 71AA of this Act;]

(c) dismissal with disgrace from Her Majesty’s service,

(d) dismissal from Her Majesty’s service,

(e) detention for a term not exceeding two years,

(f) forfeiture of seniority for a specified term or otherwise,

(g) reduction to the ranks or any less reduction in rank,

(h) fine,

(i) severe reprimand,

(j) reprimand,

(k) in the case of an offence which has occasioned any expense [F93 personal injury] , loss or damage, stoppages, and

(l) such minor punishments as may from time to time be authorised by the Defence Council;

and references in this Act to any punishment provided by this Act are, subject to the limitationimposed in any particular case by the addition of the word “less", references to any one or more ofthe said punishments.

For the purposes of this Part of this Act a punishment specified in any of the above paragraphs shallbe treated as less than the punishments specified in the paragraphs preceding that paragraph and greaterthan those specified in the paragraphs following it:

[F94 Provided that a punishment such as is mentioned in paragraph (e) of thissubsection shall not be treated as a less punishment than a punishment such as is mentioned in paragraph(b) or (bb) if the term of detention is longer than the term of imprisonment or, as the case may be, thanthe term of detention by virtue of the custodial order.]

(2) Subsection (1) above shall have effect—

(a) in relation to a convicted person who is an officer, with the omission of paragraphs (e), (g) and (l),

(b) in relation to a convicted person who is a warrant officer, with the omission of paragraphs (f) and (l),

(c) in relation to a convicted person who is a non-commissioned officer, with the omission of paragraph (f),and

(d) in relation to a convicted person who is a soldier, with the omission of paragraphs (f), (g), (i) and(j).

(3) A person [F95 who, otherwise than under section 57(2) of this Act, is] sentenced by a court-martial to imprisonment shall also be sentenced either to dismissal with disgracefrom Her Majesty’s service or to dismissal from Her Majesty’s service:

Provided that, if the court-martial fail to give effect to this subsection, their sentence shall notbe invalid, but shall be deemed to include a sentence of dismissal from Her Majesty’s service.

(4) A warrant officer or non-commissioned officer [F95 who, otherwise than under section 57(2) of this Act, is] sentenced by a court-martial to imprisonment, to dismissal from Her Majesty’s service (whether or notwith disgrace), or to detention, shall also be sentenced to be reduced to the ranks:

Provided that, if the court-martial fail to give effect to this subsection, their sentence shall notbe invalid, but shall be deemed to include a sentence of reduction to the ranks.

(5) The amount of a fine that may be awarded by a court-martial—

(a) except in the case of an offence against section 70 of this Act, shall not exceed the amount of theoffender’s pay for twenty-eight days or, where the offence was committed on active service, fifty-six days,and

(b) in the said excepted case—

(i) where the civil offence constituting an offence against that section is punishable by a civil court inEngland only on summary conviction, and is so punishable by a fine, shall not exceed the maximum amount ofthat fine, and

(ii) where the said civil offence is punishable by a civil court in England on indictment (whether or notit is also punishable on summary conviction) by a fine, shall not exceed the maximum amount of that fine;

and for the purposes of this subsection a day’s pay shall, as regards a person found guilty of anoffence, be deemed to be the gross pay that is, or would (apart from any forfeiture) be, issuable to thatperson in respect of the day on which punishment is awarded in respect of the offence.]

[F96 (6) Unless the Secretary of State by order provides that this subsection shall no longer apply, the stoppages awarded by a court-martial in respect of any offence occasioning personal injury of which a person is convicted or any other such offence which is taken into consideration in determining sentence shall not exceed such sum as is for the time being specified by an order made by the Secretary of State.

(7) The power to make an order under subsection (6) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F90 S. 71 substituted for ss. 71-73 by Armed Forces Act 1971 (c. 33), ss. 36, 78(4)

F91 Words inserted by Armed Forces Act 1976 (c. 52), s. 10(3)(b)

F92 S. 71(1)(bb) inserted by Armed Forces Act 1981 (c. 55), s. 2(3)(a)

F93 Words in s. 71(1)(k) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 7(1)(a); S.I. 1991/2719, art.2 (with art. 3(1))

F94 Proviso substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s.16(1), Sch. 1 para. 4

F95 Words inserted (retrospectively) by Armed Forces Act 1986 (c. 21, SIF 7:1),s. 16(1), Sch. 1 para. 1(1)(a)

F96 S. 71 (6)(7) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 7(1)(b); S.I. 1991/2719, art. 2 (with art. 3(1))

[F97 71A Juveniles. U.K.

(1) A person under [F98 21] years of age shall not be sentenced to imprisonment.

[F99 (1A) Where a person under 21 years of age is convicted of murder or any other civil offence the sentence for which is fixed by law as imprisonment for life, the court shall sentence him to custody for life unless he is liable to be detained under subsection (3) below.

(1B) Where a person aged [F100 18 years] or over but under 21 years of age is convicted of any other offence for which a person aged 21 years or over would be liable to imprisonment for life [F101 then, subject to subsection (1E) below], the court shall sentence him to custody for life if—

F102 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) it considers that a custodial sentence for life would be appropriate.

(1C) For the purpose of determining whether any method of dealing with a person to whom subsection (1B) of this section applies, other than sentencing him to custody for life, is appropriate, the court shall obtain and consider information about the circumstances, and shall take into account any information before the court which is relevant to his character and his physical and mental condition.]

[F103 (1D) Subject to subsections (3) and (4) below, the only custodial sentences that a court may award where a person under 21 years of age is convicted or found guilty of an offence are—

(a) a custodial order under section 71AA of this Act or under paragraph 10 of Schedule 5A to this Act; and

(b) a sentence of custody for life under subsection (1A) or (1B) above.

(1E) A court may not—

(a) make a custodial order under section 71AA of this Act; or

(b) pass a sentence of custody for life under subsection (1B) above;

unless it is satisfied—

(i) that the circumstances, including the nature and the gravity of the offence, are such that if the offender were aged 21 or over the court would pass a sentence of imprisonment; and

(ii) that he qualifies for a custodial sentence.

(1F) An offender qualifies for a custodial sentence if—

(a) he has a history of failure to respond to non-custodial sentences and is unable or unwilling to respond to them; or

(b) only a custodial sentence would be adequate to protect the public from serious harm from him; or

(c) the offence of which he has been convicted or found guilty was so serious that a non-custodial sentence for it cannot be justified.]

(2)

F104 (3) A person convicted of murder who was under 18 years of age when the offence was committed shall not be sentenced to imprisonment for life, nor shall sentence of death be pronounced on or recorded against a person convicted of any offence who was under 18 years of age when the offence was committed; but in lieu thereof the court shall (notwithstanding anything in this or any other Act) sentence him to be detained during Her Majesty’s pleasure, and if so sentenced he shall be liable to be detained in such place and under such conditions as the Secretary of State may direct.

(4) [F105 In any case where—

(a) a person aged 14 or over but under [F100 18 years] of age is]found guilty of a civil offence (other than one the sentence for which is fixed) which is punishable by a civil court in England or Wales on indictment by, in the case of an adult, a term of imprisonment for 14 years or more, [F105 or

(b) a person under 14 years of age is found guilty of manslaughter, and, in either case, the court] is of opinion that none of the other methods in which the case may be legally dealt with is suitable, [F106 the court may sentence that person] to be detained for suchperiod, not exceeding the maximum term of imprisonment with which the offence is punishable by such a civil court in the case of an adult, as may be specified in the sentence; and where such a sentence has been passed, the person on whom it is passed shall during that period be liable to be detained in such place and on such conditions as the Secretary of State may direct.

(5) A sentence of [F107 custody for life or] detention under subsection (3) or (4) above shall be treated for the purposes of this Part of this Act as a punishment provided by this Act involving the same degree of punishment as a sentence of imprisonment; and section 71(3) and (4) above shall apply to such a sentence of detention [F107 and to a sentence of custody for life] as they apply to a sentence of imprisonment.

(6) A person detained pursuant to the directions of the Secretary of State under this section shall, while so detained, be deemed to be in legal custody.]

[F108 (7) A sentence of detention under section 71(1)(e) of this Act shall be treated for the purposes of this section as a non-custodial sentence and references in this section to a custodial sentence shall be construed accordingly.]

Textual Amendments

F97 S. 71A inserted by Armed Forces Act 1976 (c. 52), s 10(1)

F98 “21" substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para.2(a)

F99 S. 71A(1A)–(1C) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1),s. 58, Sch.8 para. 2(b)

F100 Words in s. 71A(1B)(4)(a) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 71, 102(2), Sch. 9, para.1; S.I. 1992/333, art. 2(2), Sch. 2

F101 Words in s. 71A(1B) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 2(2)(a); S.I. 1991/2719, art. 2 (with art. 3(1))

F102 S. 71A(1B)(a) repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 2(2)(b), 26(2), Sch. 3; S.I. 1991/2719, art. 2 Sch. (with art. 3(1))

F103 S. 71A(1D)(1E)(1F) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 2(3); S.I. 1991/2719, art.2 (with art. 3(1))

F104 S. 71A(2) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 78, Sch. 16

F105 Words in s. 71A(4) substituted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 2(4)(a); S.I. 1991/2719, art.2 (with art. 3(1))

Words in s. 71A(4) substituted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 2(4)(b); S.I. 1991/2719, art. 2 (with art. 3(1))

F106 Words in s. 71A(4) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 2(4)(c); S.I. 1991/2719, art. 2 (with art. 3(1))

F107 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para.2(d)

F108 S. 71A(7) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 2(5); S.I. 1991/2719, art.2 (with art. 3(1))

[F109 71AA Young service offenders: custodial orders. U.K.

(1) Where a person who has attained seventeen years of age but is under twenty-one years of age is found guilty by a court-martial of an offence punishable under this Act with imprisonment, the court shall have power, F110 . . ., to make an order (in this section referred to as a “custodial order") committing him to be detained in accordance with the provisions of this section for a [F111 period to be specified in the order F112 . . . [F113 which—

(a) shall be not less than the appropriate minimum period, that is to say—

(i) in the case of an offender who has attained eighteen years of age, the period of 21 days; or

(ii) in the case of an offender who is under that age, the period of two months; and

(b) shall not exceed] the maximum period for which he could have been sentenced to imprisonment if he had attained the age of twenty-one years.]

F114 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F115 (1AA) The court shall not make a custodial order committing an offender aged 17 to be detained for a period exceeding twelve months or for a period such that the continuous period for which he is committed to be detained under that order and any one or more other custodial orders exceeds twelve months.]

[F116 (1B) For the purposes of determining whether [F117 it is satisfied as mentioned in sub-paragraphs (i) and (ii) of subsection (1E) of section 71A of this Act with respect to any person] the court shall obtain and consider information about the circumstances, and shall take into account any information before the court which is relevant to his character and his physical and mental condition.]

(2) If a person is outside the United Kingdom at the time a custodial order is made in respect of him, he shall as soon as practicable F118 . . . be removed to the United Kingdom.

(3) A person in respect of whom a custodial order has been made shall be detained in such appropriate institution as the Secretary of State may direct, and any enactment applying to persons detained in any such institution shall apply to a person so detained under this section.

(4) A custodial order shall be sufficient authority for the detention of the person subject to it in service custody until he is received into the institution specified in the Secretary of State’s direction.

[F119 (5) The following provisions of this Act shall apply in the case of a sentence under a custodial order as they apply in the case of a sentence of imprisonment, that is to say—

(a) sections 71(3) and (4), 118(1), 118A(1) and (3) 119A(3) and 145; and

(b) for the period before a person sentenced under a custodial order is received into the institution where he is to be detained (or for the currency of the sentence if its term ends before he is so received), sections 119(2), (4) and (5), 122, 123, 129, 142 and 190B;

and, accordingly, references in those provisions to a sentence of imprisonment shall include for the purposes of this subsection references to a sentence under a custodial order.]

(6) In this section “appropriate institution” means—

[F120 (a) where the offender is in or removed to England or Wales, any institution in which a person sentenced to detention in a young offender institution could be detained, section 1C of the Criminal Justice Act M18 1982 having effect in relation to the offender as it has effect in relation to an offender sentenced to detention in a young offender institution;]

[F121 (b) where the offender is in or removed to Scotland, a young offenders institution;]

(c) where the offender is in or removed to Northern Ireland, a young offenders centre.

[F122 (6A) [F123 Section 65 of the Criminal Justice Act 1991] (release of young offenders) shall apply to persons released from a term of detention under a custodial order as it applies to persons released from a term of detention under a detention centre order or a term of youth custody.]

F124 (6B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) This section does not apply to offenders who are civilians (as regards whom similar provision is made by paragraph 10 of Schedule 5A to this Act)]

Textual Amendments

F109 S. 71AA inserted by Armed Forces Act 1981 (c. 55), s. 2(1)

F110 Words in s. 71AA(1) (which were substituted by Criminal justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 3(a)) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 71, 101(2), 102(2), Sch. 9, para. 2(b), Sch. 13 ; S.I. 1992/333; art. 2(2), Sch. 2; and repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 3(1), 26(2), Sch. 3; S.I. 1991/2719, art. 2, Sch. (with art. 3(1))

F111 Words in s. 71AA(1) substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 3(a)

F112 Words in s. 71AA(1) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 3(1); S.I. 1991/2719, art. 2 (with art. 3(1)) and repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 101(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2

F113 Words in s. 71AA(1) substituted (1.10.1992 as regards England and Wales but otherwiseprosp.) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 71, 102(2), Sch. 9 para. 2(a); S.I. 1992/333, art. 2(2), Sch. 2

F114 S. 71AA(1A) (which was inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 3(b)) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 71, 101(2), 102(2), Sch. 9, para. 2(b), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2; and repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 3(2), 26(2), Sch. 3; S.I. 1991/2719, art. 2, Sch. (with art. 3(1))

F115 S. 71AA(1AA) inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 71, 102(2), Sch. 9, para. 2(c); S.I. 1992/333, art. 2(2), Sch. 2

F116 S. 71AA(1B) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8, para. 3(b)

F117 Words in s. 71AA(1B) substituted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 3(3); S.I. 1991/2719, art. 2 (with art. 3(1))

F118 Words in s. 71AA(2) repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 26(1)(2), Sch. 2 para. 1, Sch. 3; S.I. 1991/2719, art. 2, Sch. (with art. 3(1))

F119 S. 71AA(5) substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para.5(2)

F120 S. 71AA(6)(a) substituted (E.W.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s.123(6), Sch. 8 para. 4(a)

F121 S. 71AA(6)(b) substituted (S.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 124(4),Sch. 9 para. 2(a)

F122 S. 71AA(6A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para.3(d)

F123 Words in s. 71AA(6A) substituted (1.10.1992 as regards England and Wales but otherwiseprosp.) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 71, 102(2), Sch. 9, para. 2(d); S.I. 1992/333, art. 2(2), Sch. 2

F124 S. 71AA(6B) repealed (1.10.1993) by 1993 c. 9, s. 47(3), Sch. 7 Pt.I; S.I. 1993/2050, art. 3(4)

Marginal Citations

M18 1982 c.48 (39:1).

[71AB F125 Reasons to be given where custodial sentence awarded to young offender. U.K.

(1) This section applies where a court—

(a) makes a custodial order under section 71AA of this Act, or

(b) passes a sentence of custody for life under section 71A(1B) of this Act.

(2) It shall be the duty of the court—

(a) to state in open court and to record in the proceedings that it is satisfied that the offender qualifies for a custodial sentence under one or more of the paragraphs of subsection (1F) of section 71A of this Act, the paragraph or paragraphs in question, and why it is so satisfied; and

(b) to explain to the offender in open court and in ordinary language why it is passing a custodial sentence on him.

(3) Where a court makes a custodial order and, in accordance with its duty under subsection (2) above, makes the statement required by paragraph (a) of that subsection, the matters stated shall be specified in the order (made under Imprisonment and Detention Rules) pursuant to which the offender is committed into custody.]

Textual Amendments

F125 S. 71AB inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 4(1); S.I. 1991/2719, art. 2

[F126 71B Power to impose imprisonment for default in payment of fines. U.K.

(1) Subject to the provisions of this section, if a court-martial imposes a fine on a person found guiltyof any offence—

(a) who is sentenced to imprisonment on the same occasion for the same or another offence or,

(b) who is already serving or otherwise liable to serve a term of imprisonment, [F127 or

(c) in respect of whom the court makes an order under section 71AA above on the same occasion for the sameor another offence, or

(d) who is already serving or otherwise liable to serve a period of detention under such an order,]

it may make an order fixing a further consecutive term of imprisonment [F128 or detention] which the said person is to undergo if any part of the fine is not dulypaid or recovered on or before the date on which he could otherwise be released.

[F129 (2) Subject to subsections (4) and (5) below, the Table in section 31(3A) of the M19 Powers of Criminal Courts Act 1973 (maximum periods of imprisonment for default inpayment of fines etc.), as [F130 for the time being in force] , shall have effect for the purpose of determining the maximum periods of further imprisonment or detention that may be specified under subsection (1) abovefor fines of the amounts set out in that Table.]

(3) Where the whole amount of the said fine is paid or recovered in the prescribed manner the order undersubsection (1) above shall cease to have effect, and the person subject to it shall be released unless heis in custody for some other cause.

(4) Where part of the said amount is paid or recovered in the prescribed manner, the period of the furtherterm of imprisonment [F131 or detention] specified under subsection (1) above shall be reduced by such number of days as bears to the totalnumber of days in that period less one day the same proportion as the amount so paid or recovered bears tothe amount of the said fine.

(5) In calculating the reduction required under the last preceding subsection any fraction of a day shallbe left out of account.

[F132 (5A) An order imposing a term of detention under this section shall be given effect as if it were a custodialorder under section 71AA above.]

(6) In this section, references to the due recovery of any amount include references to deductions from payunder Part III of this Act, but do not include references to amounts forfeited under the said Part III.]

Textual Amendments

F126 S. 71B inserted by Armed Forces Act 1976 (c. 52), Sch. 6 para. 1

F127 S. 71B(1)(c)(d) and word “or" immediately preceding it inserted by Criminal JusticeAct 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 4(1)(a)

F128 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para.4(1)(b)

F129 S. 71B(2) substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 5

F130 Words in s. 71B(2) substituted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1), Sch. 2 para. 2; S.I. 1991/2719, art.2

F131 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para.4(1)(b)

F132 S. 71B(5A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para.4(1)(c)

Marginal Citations

M19 1973 c.62(39:1).

Arrest U.K.

74 Power to arrest offenders. U.K.

(1) Any person subject to military law found committing an offence against any provision of this Act, oralleged to have committed or reasonably suspected of having committed any such offence, may be arrested inaccordance with the following provisions of this section.

(2) An officer may be arrested by an officer of the regular forces of superior rank, or, if engaged in aquarrel or disorder, by such an officer of any rank.

(3) A warrant officer, non-commissioned officer or soldier may be arrested by any officer, warrant officeror non-commissioned officer of the regular forces:

Provided that a person shall not be arrested by virtue of this subsection except by a person ofsuperior rank.

(4) A provost officer, or any officer, warrant officer F133 non-commissioned officer [F134 or rating] legally exercising authority under a provost officer or on his behalf, may arrest any officer, warrantofficer, non-commissioned officer or soldier:

Provided that an officer shall not be arrested by virtue of this subsection except on the order ofanother officer.

(5) The power of arrest given to any person by this section may (subject to the provisions of Queen’sRegulations) be exercised either personally or by ordering into arrest the person to be arrested or bygiving orders for that person’s arrest.

Textual Amendments

F133 Words repealed by Naval Discipline Act 1957 (c. 53), Sch. 5

F134 Words inserted by Naval Discipline Act 1957 (c. 53), Sch. 5

[F135 Custody] U.K.

Textual Amendments

F135 S. 75-75E and the preceding cross heading substituted (2.10.2000) for s. 75 by 2000 c. 4, s. 1(1); S.I. 2000/2366, art. 2

75 Provisions for avoiding delay after arrest. U.K.

(1) The allegations against any person subject to military law who is under arrest shall be dulyinvestigated without unnecessary delay, and as soon as may be either proceedings shall be taken forpunishing his offence or he shall be released from arrest.

(2) Wherever any person subject to military law, having been taken into military custody, remains underarrest for a longer period than eight days without a court-martial for his trial being assembled, a specialreport on the necessity for further delay shall be made by his commanding officer to the prescribedauthority in the prescribed manner, and a similar report shall be made to the like authority and in the likemanner every eight days until a court-martial is assembled or the offence is dealt with summarily or he isreleased from arrest:

Provided that in the case of a person on active service compliance with this subsection shall beexcused in so far as it is not reasonably practicable having regard to the exigencies of militaryoperations.

(3)F136

Textual Amendments

F136 Ss. 67, 75(3) and 81(3) repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt.I

Modifications etc. (not altering text)

C29 S. 75 excluded by Armed Forces Act 1966 (c. 45) s. 15(7)

Valid from 02/10/2000

F137 75A Authorisation of custody without charge. U.K.

(1) Where a person is arrested under section 74 of this Act—

(a) the arrest, and

(b) any grounds on which he is being kept in military custody without being charged,

shall be reported as soon as practicable to his commanding officer.

(2) Until such a report is made, the person may be kept in military custody without being charged, but only if the person who made the arrest has reasonable grounds for believing that keeping him in military custody without charge is necessary—

(a) to secure or preserve evidence relating to an offence for which he is under arrest, or

(b) to obtain such evidence by questioning him.

(3) After receiving a report under subsection (1) above the commanding officer shall as soon as practicable determine—

(a) whether the requirements of subsection (4) below are satisfied, and

(b) if so, whether to exercise his powers under that subsection;

and the person to whom the report relates may be kept in military custody for such period as is necessary to enable the commanding officer to make that determination.

(4) If in relation to the person to whom the report relates the commanding officer has reasonable grounds for believing—

(a) that keeping him in military custody without being charged is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him, and

(b) that the investigation is being conducted diligently and expeditiously,

he may authorise the keeping of that person in military custody.

(5) An authorisation under subsection (4) above—

(a) if given less than 12 hours after the relevant time, shall end not more than 12 hours after the relevant time;

(b) if given not less than 12 but less than 36 hours after the relevant time, shall end not more than 36 hours after the relevant time;

(c) if given not less than 36 but less than 48 hours after the relevant time, shall end not more than 48 hours after the relevant time.

(6) A person shall not be kept in military custody later than 48 hours after the relevant time without being charged except in accordance with section 75C of this Act.

(7) In this Act “the relevant time” in relation to a person arrested under section 74 of this Act means the time of the arrest.

Textual Amendments

F137 Ss. 75-75E and the preceding cross-heading substituted (2.10.2000) for s. 75 by 2000 c. 4, s. 1(1); S.I. 2000/2366, art. 2

Modifications etc. (not altering text)

C30 S. 75A(1)(3)(5)(6) modified (2.10.2000) by S.I. 2000/2366, arts. 2, 3, Sch. para. 2

Valid from 02/10/2000

F138 75B Review of custody by commanding officer. U.K.

(1) The commanding officer of a person kept in military custody in accordance with section 75A of this Act shall, subject to subsection (3) below, review the keeping of that person in military custody not later than the end of the period for which it is authorised.

(2) Subsections (4) and (5) of section 75A of this Act shall apply on each review under this section as they apply where a report is received under subsection (1) of that section.

(3) A review may be postponed—

(a) if, having regard to all the circumstances prevailing at the expiry of the last authorisation under subsection (4) of that section, it is not practicable to carry out the review at that time;

(b) without prejudice to the generality of paragraph (a) above—

(i) if at that time the person in military custody is being questioned and the commanding officer is satisfied that an interruption of the questioning for the purpose of carrying out the review would prejudice the investigation in connection with which he is being questioned; or

(ii) if at that time the commanding officer is not readily available.

(4) If a review is postponed under subsection (3) above—

(a) it shall be carried out as soon as practicable after the expiry of the last authorisation under section 75A(4) of this Act, and

(b) the keeping in military custody of the person to whom the review relates shall by virtue of this paragraph be authorised until that time.

Textual Amendments

F138 S. 75-75E and the preceding cross-heading substituted (2.10.2000) for s. 75 by 2000 c. 4, s. 1(1); S.I. 2000/2366, art. 2

Valid from 02/10/2000

F139 75C Extension of custody without charge. U.K.

(1) If, on an application by the commanding officer of a person arrested under section 74 of this Act, a judicial officer is satisfied that there are reasonable grounds for believing that the continued keeping of that person in military custody is justified, the judicial officer may by order authorise the keeping of that person in military custody.

(2) A judicial officer may not hear an application under this section unless the person to whom it relates—

(a) has been informed in writing of the grounds for the application, and

(b) has been brought before him for the hearing.

(3) The person to whom the application relates shall be entitled to be legally represented at the hearing and, if he is not so represented but wishes to be so represented—

(a) the judicial officer shall adjourn the hearing to enable him to obtain representation, and

(b) he may be kept in military custody during the adjournment.

(4) For the purposes of this section, the continued keeping of a person in military custody is justified only if—

(a) keeping him in custody without charge is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him, and

(b) the investigation is being conducted diligently and expeditiously.

(5) Subject to subsection (7) below, an application under this section may be made—

(a) at any time before the end of 48 hours after the relevant time; or

(b) if it is not practicable for the application to be heard at the expiry of that period, as soon as practicable thereafter but not more than 96 hours after the relevant time.

(6) Where subsection (5)(b) above applies, an authorisation on a review under section 75B of this Act may be for a period ending more than 48 hours after the relevant time, but may not be—

(a) for a period of more than six hours, or

(b) for a period ending more than 96 hours after the relevant time.

(7) If—

(a) an application under this section is made more than 48 hours after the relevant time, and

(b) it appears to the judicial officer that it would have been reasonable for the commanding officer to make the application before the end of that period,

the judicial officer shall refuse the application.

(8) Where on an application under this section relating to any person the judicial officer is not satisfied that there are reasonable grounds for believing that continuing to keep that person in military custody is justified, he shall—

(a) refuse the application, or

(b) adjourn the hearing of it until a time not later than 48 hours after the relevant time.

(9) The person to whom the application relates may be kept in military custody during the adjournment.

(10) The period for which a judicial officer, on an application under this section, may authorise the keeping of a person in military custody shall be such period, ending not more than 96 hours after the relevant time, as he thinks fit having regard to the evidence before him.

(11) Where a judicial officer refuses an application under this section at any time less than 48 hours after the relevant time, he may direct that the person to whom it relates forthwith be charged or released from military custody.

(12) Where a judicial officer refuses an application under this section at any later time, he shall direct that the person to whom it relates forthwith be charged or released from military custody.

Textual Amendments

F139 S. 75-75E and the preceding cross-heading substituted (2.10.2000) for s. 75 by 2000 c. 4, s. 1(1); S.I. 2000/2366, art. 2

Valid from 02/10/2000

F140 75D Custody without charge: other cases. U.K.

(1) Sections 75 to 75C of this Act apply—

(a) where a person is delivered into military custody under section 187(2) or (3), 188(2) or 190A(3) of this Act or under Schedule 2 to the M20 Reserve Forces Act 1996, and

(b) in any other case where a person arrested by a constable is delivered into military custody,

as they apply where a person is arrested under section 74 of this Act, subject to such modifications as the Secretary of State may by regulations made by statutory instrument prescribe.

(2) In those cases references to the relevant time are—

(a) in relation to a person delivered into military custody following arrest under section 186 or 190A of this Act or paragraph 2 of Schedule 2 to the 1996 Act or otherwise following arrest by a constable, references to the time of the arrest;

(b) in relation to a person delivered into military custody following surrender under section 188 of this Act or paragraph 6 of that Schedule, references to the time of the surrender.

(3) Regulations under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F140 S. 75-75E and the preceding cross-heading substituted (2.10.2000) for s. 75 by 2000 c. 4, s. 1(1); S.I. 2000/2366, art. 2

Marginal Citations

M20 1996 c. 14.

Valid from 02/10/2000

F141 75E Custody without charge: supplementary. U.K.

(1) The Defence Council may by regulations make provision with respect to—

(a) the delegation by the commanding officer of a person in military custody of any of the commanding officer’s functions under sections 75 to 75C of this Act;

(b) circumstances in which a person kept in military custody without being charged is to be informed of, or given an opportunity to make representations about, any matter;

(c) the keeping of written records relating to compliance with any requirement of sections 75 to 75C of this Act or of regulations under paragraph (b) above.

(2) Any reference in sections 75A to 75C of this Act to a period of time is to be treated as approximate only.

Textual Amendments

F141 S. 75-75E and the preceding cross-heading substituted (2.10.2000) for s. 75 by 2000 c. 4, s. 1(1); S.I. 2000/2366, art. 2

Valid from 02/10/2000

[F142 75F Custody after charge. U.K.

(1) Where a person subject to military law (“the accused”) is kept in military custody after being charged with an offence against any provision of this Part of this Act, he shall be brought before a judicial officer as soon as practicable.

(2) Where the accused is brought before a judicial officer in accordance with subsection (1) above, the judicial officer may by order authorise the keeping of the accused in military custody, but only if—

(a) the judicial officer is satisfied that there are substantial grounds for believing that the accused, if released from military custody, would—

(i) fail to attend any hearing in the proceedings against him,

(ii) commit an offence while released, or

(iii) interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person;

(b) the judicial officer is satisfied that the accused should be kept in military custody for his own protection or, if he is under 17 years of age, for his own welfare;

(c) the judicial officer is satisfied that it has not been practicable to obtain sufficient information for the purpose of taking the decisions required by this subsection for want of time since the accused was charged with the offence; or

(d) the accused, having been released from military custody after being charged with the offence, has deserted or absented himself without leave.

(3) In taking the decision required by subsection (2)(a) above, the judicial officer shall have regard to such of the following considerations as appear to him to be relevant—

(a) the nature and seriousness of the alleged offence (and the probable method of dealing with the accused for it),

(b) the character, antecedents, associations and social ties of the accused,

(c) the accused’s behaviour on previous occasions while charged with an offence and released from military custody or while on bail in criminal proceedings,

(d) the strength of the evidence that the accused committed the offence,

as well as to any others which appear to be relevant.

(4) If—

(a) the accused is charged with an offence to which this subsection applies;

(b) representations are made as to any of the matters mentioned in subsection (2)(a) above; and

(c) the judicial officer decides not to authorise the keeping of the accused in military custody,

the judicial officer shall state the reasons for his decision and shall cause those reasons to be included in the record of the proceedings.

(5) Subsection (4) above applies to any offence under section 70 of this Act where the corresponding civil offence is—

(a) murder;

(b) manslaughter;

(c) rape;

(d) attempted murder; or

(e) attempted rape.

(6) The period for which a judicial officer may, by an order under subsection (2) above, authorise the keeping of the accused in military custody shall be such period, ending (subject to section 75G(7) of this Act) not later than 8 days after the day on which the order is made, as he thinks fit having regard to the evidence before him.

(7) An order under subsection (2) above does not authorise the keeping of the accused in military custody—

(a) if the accused is subsequently released from military custody, at any time after his release; or

(b) at any time after the award of punishment on summary dealing with the charge or any amended or substituted charge.

(8) Subsection (1) above does not apply where the accused is charged at a time when he is kept in military custody by reason of an award or sentence under this Act or of an order under subsection (2) above, unless that reason ceases to apply.]

Textual Amendments

F142 S. 75F inserted (2.10.2000) by 2000 c. 4, s. 2(1); S.I. 2000/2366, art. 2

Valid from 02/10/2000

[F143 75G Review of custody after charge. U.K.

(1) Where the keeping of the accused in military custody is authorised by an order under section 75F(2) of this Act, it shall be reviewed by a judicial officer not later than the end of the period for which it is authorised.

(2) If at any time it appears to the accused’s commanding officer that the grounds on which such an order was made have ceased to exist, he shall—

(a) release the accused from military custody, or

(b) request a review.

(3) Where a request is made under subsection (2) above, a review shall be carried out as soon as practicable.

(4) Subsections (2) to (6) of section 75F of this Act apply on a review as they apply where the accused is brought before a judicial officer under subsection (1) of that section.

(5) At the first review the accused may support an application for release from military custody with any argument as to fact or law that he desires (whether or not he has advanced that argument previously).

(6) At subsequent reviews the judicial officer need not hear arguments as to fact or law which have been heard previously.

(7) On a review at a hearing at which the accused is legally represented, the judicial officer may, if the accused consents, authorise the keeping of the accused in military custody for a period of not more than 28 clear days.

(8) In this section “review” means a review under subsection (1) above.]

Textual Amendments

F143 S. 75G inserted (2.10.2000) by 2000 c. 4, s. 3(1); S.I. 2000/2366, art. 2

Valid from 02/10/2000

[F144 75H Custody during court-martial proceedings. U.K.

(1) Where the accused is kept in military custody under an order under section 75F(2) of this Act at any time after the commencement of his trial by court-martial, section 75G of this Act (and section 75F as applied by that section) shall apply with the following modifications.

(2) In relation to a review before the announcement of the court-martial’s finding on the charge or every charge against the accused, references to a judicial officer shall have effect as references to the judge advocate.

(3) In section 75F(2), after paragraph (d) there shall be inserted— “;or

(e) the accused’s case has been adjourned for inquiries or a report and it appears to the judicial officer that it would be impracticable to complete the inquiries or make the report without keeping the accused in military custody. "

(4) Section 75F(3)(d) does not apply in the case of an accused who is awaiting sentence.

(5) An order under section 75F(2) does not authorise the keeping of the accused in military custody after he is sentenced by the court-martial.

(6) Subsection (1) above shall cease to apply (but without prejudice to any order already made by virtue of that subsection) if the court-martial is dissolved.]

Textual Amendments

F144 S. 75H inserted (2.10.2000) by 2000 c. 4, s. 4(1); S.I. 2000/2366, art. 2

Valid from 02/10/2000

[F145 75J Release from custody after charge or during proceedings. U.K.

(1) This section applies where, at a hearing under section 75F(1) of this Act or on a review under section 75G(1) of this Act, the judicial officer or judge advocate (as the case may be) does not authorise keeping the accused in military custody.

(2) Where this section applies, the accused—

(a) subject to paragraph (b) below, shall be released from military custody forthwith, but

(b) if he is subject to military law only by virtue of section 131 or 205(1)(ea), (eb), (g) or (h) of this Act, may be required to comply, before release or later, with such requirements as appear to the judicial officer or judge advocate (as the case may be) to be necessary for the purpose of securing his attendance at any hearing in connection with the offence to which the charge relates.

(3) A person on whom a requirement has been imposed under subsection (2)(b) above is guilty of an offence if he fails without reasonable cause to attend any hearing to which the requirement relates.

(4) A person guilty of an offence under this section shall be liable on conviction by court-martial to imprisonment for a term not exceeding two years or any less punishment provided by this Act.]

Textual Amendments

F145 S. 75J inserted (2.10.2000) by 2000 c. 4, s. 5(1); S.I. 2000/2366, art. 2

Valid from 02/10/2000

[F146 75K Arrest during proceedings. U.K.

(1) Except where subsection (3) below applies, the commanding officer of a person subject to military law (“the accused”) who—

(a) has been charged with, or is awaiting sentence for, an offence against any provision of this Part of this Act, and

(b) is not in military custody,

may, if satisfied that taking the accused into military custody is justified, give orders for his arrest.

(2) Subject to subsection (4) below, subsection (3) below applies between the commencement of the trial of the accused by court-martial and the announcement of the court-martial’s finding on the charge or every charge against the accused.

(3) Where this subsection applies, the judge advocate, if satisfied that taking the accused into military custody is justified, may direct the arrest of the accused; and any person with power to arrest the accused for an offence against a provision of this Act shall have the same power, exercisable in the same way, to arrest him pursuant to a direction under this subsection.

(4) Subsection (3) above shall cease to apply (but without prejudice to any direction already given by virtue of that subsection) if the court-martial is dissolved.

(5) For the purposes of this section, taking the accused into military custody is justified if there are substantial grounds for believing that, if not taken into military custody, he would—

(a) fail to attend any hearing in the proceedings against him,

(b) commit an offence,

(c) injure himself, or

(d) interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person.

(6) Taking the accused into military custody is also justified for the purposes of this section if—

(a) the accused is subject to military law only by virtue of section 131 of this Act, and

(b) he has failed to attend any hearing in the proceedings against him.

(7) A person arrested under subsection (1) above, if kept in military custody—

(a) shall be treated as being in military custody under an order under section 75F(2) of this Act, and

(b) shall be brought as soon as practicable before a judicial officer to be dealt with as on a review under section 75G(1) of this Act.

(8) A person arrested under subsection (3) above—

(a) shall be treated as being in military custody under an order under section 75F(2) of this Act, and

(b) shall be brought as soon as practicable before the judge advocate on whose direction the arrest was made (unless already before him), and shall be dealt with by him as on a review under section 75G(1) of this Act.]

Textual Amendments

F146 S. 75K inserted (2.10.2000) by 2000 c. 4, s. 6(1); S.I. 2000/2366, art. 2

Modifications etc. (not altering text)

C31 S. 75K(1)(7) modifed (2.10.2000) by S.I. 2000/2366, arts. 2, 3, Sch. para. 5

Valid from 02/10/2000

[F147 75L Judicial officers. U.K.

(1) Judicial officers shall be appointed for the purposes of this Act by the Judge Advocate General.

(2) No person shall be appointed under this section unless—

(a) he is qualified under section 84B(2) of this Act for appointment as the judge advocate in relation to a court-martial, or

(b) he has, and has had for at least five years, in any Commonwealth country or any colony rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.]

Textual Amendments

F147 S. 75L inserted (2.10.2000) by 2000 c. 4, s. 7(1); S.I. 2000/2366, art. 2

Valid from 02/10/2000

[F148 75M Custody rules. U.K.

(1) The Secretary of State may make rules with respect to proceedings—

(a) on an application under section 75C of this Act;

(b) under section 75F(1) of this Act;

(c) on a review under section 75G(1) of this Act.

(2) Rules under this section may in particular make provision with respect to—

(a) arrangements preliminary to the proceedings;

(b) the representation of the person to whom the proceedings relate;

(c) the admissibility of evidence;

(d) procuring the attendance of witnesses;

(e) the immunities and privileges of witnesses;

(f) the administration of oaths;

(g) circumstances in which a review under section 75G(1) of this Act may be carried out without a hearing;

(h) the use for the purposes of the proceedings of live television links or similar arrangements, including the use of such a link or other arrangement as a means of satisfying the requirement of section 75C(2)(b), 75F(1) or 75K(7)(b) or (8)(b) of this Act for a person to be brought before a judicial officer or judge advocate;

(i) the appointment of persons to discharge administrative functions under the rules.

(3) Rules under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F148 S. 75M inserted (2.10.2000) by 2000 c. 4, s. 8(1); S.I. 2000/2366, art. 2

Modifications etc. (not altering text)

C32 S. 75M modified (2.10.2000) by S.I. 2000/2366, arts. 2, 3, Sch. para. 5

Investigation of, and summary dealing with, charges U.K.

76 Investigation of charges by commanding officer. U.K.

Before an allegation against a person subject to military law (hereinafter referred to as “theaccused") that he has committed an offence against any provision of this Part of this Act is furtherproceeded with, the allegation shall be reported, in the form of a charge, to the accused’s commandingofficer and the commanding officer shall investigate the charge in the prescribed manner.

Modifications etc. (not altering text)

C33 S. 76 excluded by Courts-Martial (Appeals) Act 1968 (c. 20), s. 19(4)

Valid from 01/04/1997

[F149 76A Powers of higher authority. U.K.

(1) Where a charge is referred to higher authority, the higher authority shall refer the case to the prosecuting authority unless he takes one of the steps mentioned in this section in relation to the charge.

(2) The higher authority may refer the charge back to the commanding officer of the accused with a direction to dismiss it or to stay all further proceedings in relation to it, and the commanding officer shall deal with the charge accordingly.

(3) If the charge is against a non-commissioned officer or soldier and is capable of being dealt with summarily, the higher authority may refer it back to the commanding officer of the accused to be so dealt with.

(4) If the charge is against an officer below the rank of lieutenant-colonel or a warrant officer and is capable of being dealt with summarily, the higher authority may refer it to the appropriate superior authority to be so dealt with.

(5) If the charge has been referred to the higher authority as a result of an election for court-martial trial, and that election has not been withdrawn with leave, he may not refer the charge back to the commanding officer of the accused, or (as the case may be) to the appropriate superior authority, to be dealt with summarily.

(6) This section has effect subject to any power of the higher authority under section 103A(1) below to direct that the charge be tried by a field general court-martial.]

Textual Amendments

F149 Ss. 76, 76A-76C substituted (1.4.1997 subject to art. 3 of three commencing S.I.) for s. 76 by 1996 c. 46, s. 5, Sch. 1 Pt. I para. 2; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

Valid from 02/10/2000

[F150 76AA Right to elect for court-martial trial. U.K.

(1) Before dealing summarily with a charge, the commanding officer or appropriate superior authority shall afford the accused the opportunity of electing court-martial trial in relation to that charge.

(2) Where in accordance with regulations under section 83 of this Act two or more charges are together to be dealt with summarily, any election for court-martial trial must relate to all the charges concerned.

(3) If the accused elects court-martial trial and does not withdraw his election with leave, the commanding officer or appropriate superior authority shall refer to higher authority the charge to which the election relates, with a view to the trial of the accused by court-martial.

(4) If a charge has been referred to higher authority as a result of an election for court-martial trial and that election is withdrawn with leave, the higher authority shall—

(a) if the accused is an officer or warrant officer, refer the charge back to the appropriate superior authority;

(b) if the accused is a non-commissioned officer or soldier, refer the charge back to the commanding officer of the accused,

for the appropriate superior authority or commanding officer to deal summarily with the charge.

(5) Subsection (1) above does not enable the accused to make a further election for court-martial trial in relation to a charge which has been referred back to the appropriate superior authority or commanding officer under subsection (4) above.

(6) Where under section 76B(3) of this Act a charge is amended or one charge is substituted for another, subsection (1) above applies in relation to the amended or substituted charge.]

Textual Amendments

F150 S. 76AA inserted (2.10.2000) by 2000 c. 4, s. 11(1); S.I. 2000/2366, art. 2

Modifications etc. (not altering text)

C34 S. 76AA(1) amended (2.10.2000) by S.I. 2000/2366, arts. 2, 3, Sch. para. 8(2)

C35 S. 76AA(1) modified (2.10.2000) by S.I. 2000/2366, arts. 2, 3, Sch. para. 8(1)(b)

Valid from 01/04/1997

[F151 76B Summary dealings. U.K.

(1) This section applies where a charge is to be dealt with summarily by a commanding officer or appropriate superior authority.

(2) References in this Act to dealing summarily with a charge are references to the taking of the following action, namely, determining whether the charge is proved and, accordingly, either dismissing the charge or recording a finding that the charge has been proved and awarding punishment.

(3) If, before determining whether the charge is proved, he considers it appropriate to do so, the commanding officer or appropriate superior authority may amend the charge or substitute another charge for it and treat the amended or substituted charge as the charge to be dealt with summarily by him.

(4) If, before determining whether the charge is proved, he considers that it should not be dealt with summarily, the commanding officer or appropriate superior authority may refer the charge to higher authority.

(5) If he determines that the charge has been proved, the commanding officer or appropriate superior authority shall, before recording a finding that the charge has been proved, afford the accused an opportunity of electing court-martial trial.

(6) If the accused so elects, the commanding officer or appropriate superior authority shall refer the charge to higher authority with a view to the trial of the accused by court-martial.

(7) If the accused does not so elect, or so elects but subsequently withdraws his election with leave, the commanding officer or appropriate superior authority shall record a finding that the charge has been proved and award punishment accordingly.

(8) If a charge has been referred to higher authority as a result of an election for court-martial trial, and that election is withdrawn with leave, the higher authority shall—

(a) if the accused is an officer or warrant officer, refer the charge back to the appropriate superior authority;

(b) if the accused is a non-commissioned officer or soldier, refer the charge back to the commanding officer of the accused,

for the appropriate superior authority or commanding officer to record a finding that the charge has been proved and award punishment accordingly.

(9) This section has effect subject to any power of the commanding officer or appropriate superior authority under section 103A(1) below to direct that the charge be tried by a field general court-martial.

(10) Nothing in this section or section 76A above shall be taken to prevent an officer from acting as both higher authority and appropriate superior authority in relation to a charge.]

Textual Amendments

F151 Ss. 76, 76A-76C substituted (1.4.1997 subject to art. 3 of the commencing S.I.) for s. 76 by 1996 c. 46, s. 5, Sch. 1 Pt. I para. 2; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

Valid from 01/04/1997

[F152 76C Punishments available on summary dealings. U.K.

(1) This section applies where a commanding officer or appropriate superior authority records a finding that a charge against an accused has been proved.

(2) The commanding officer may award one or more of the following punishments—

(a) if the offender is a soldier, detention for a period not exceeding 60 days;

(b) fine;

(c) if the offender is a non-commissioned officer, severe reprimand or reprimand;

(d) where the offence has occasioned any expense, loss or damage, stoppages;

(e) any minor punishment for the time being authorised by the Defence Council.

(3) The appropriate superior authority may award one or more of the following punishments—

(a) except in the case of a warrant officer, forfeiture of seniority for a specified term or otherwise;

(b) fine;

(c) severe reprimand or reprimand;

(d) where the offence has occasioned any expense, loss or damage, stoppages.

(4) The commanding officer may not award a fine or minor punishment for an offence for which he awards detention.

(5) The appropriate superior authority may not award a fine for an offence for which he awards forfeiture of seniority.

(6) Except in the case of an offence against section 70 of this Act, the amount of a fine shall not exceed the amount of the offender’s pay for twenty-eight days.

(7) In the case of an offence against section 70 of this Act where the corresponding civil offence is a summary offence, the amount of a fine shall not exceed—

(a) the amount of the offender’s pay for twenty-eight days; or

(b) (if less) the maximum amount of the fine which could be imposed by a civil court on summary conviction.

(8) In the case of an offence against section 70 of this Act where the corresponding civil offence is an indictable offence, the amount of a fine shall not exceed—

(a) the amount of the offender’s pay for twenty-eight days; or

(b) (if less) the maximum amount of the fine which could be imposed by a civil court on conviction on indictment.

(9) A day’s pay shall be taken, for the purposes of subsections (6) to (8) above, to be the gross pay that is, or would (apart from any forfeiture) be, issuable to the offender in respect of the day on which punishment is awarded in respect of the offence.

(10) If the offender is a lance-corporal or lance-bombardier, the commanding officer may, if he awards no other punishment or no other punishment except stoppages, order the offender to be reduced to the ranks.

(11) If the offender is an acting warrant officer or non-commissioned officer, the commanding officer may, if he awards no other punishment or no other punishment except stoppages, order the offender—

(a) to revert to his permanent rank;

(b) to assume an acting rank lower than that held by him but higher than his permanent rank; or

(c) where his permanent rank is that of lance-corporal or lance-bombardier, to forfeit his acting rank and be reduced to the ranks.]

Textual Amendments

F152 Ss. 76, 76A-76C substituted (1.4.1997 subject to art. 3 of the commencing S.I.) for s. 76 by 1996 c. 46, s. 5, Sch. 1 Pt. I para. 2; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

77 Charges to be dealt with summarily or by court-martial. U.K.

(1) After investigation, a charge against an officer below the rank of lieutenant-colonel or against awarrant officer may, if an authority has power under the following provisions of this Part of this Act todeal with it summarily, be so dealt with by that authority (in this Act referred to as “the appropriatesuperior authority") in accordance with those provisions.

(2) After investigation, a charge against a non-commissioned officer or soldier may be dealt with summarilyby his commanding officer, subject to and in accordance with the following provisions of this Part of thisAct.

(3) Any charge not dealt with summarily as aforesaid shall after investigation be remanded for trial bycourt-martial.

(4) Notwithstanding anything in the foregoing provisions of this section, where—

(a) the commanding officer has investigated a charge against an officer or warrant officer, or

(b) the commanding officer has investigated a charge against a non-commissioned officer or soldier whichis not one which can be dealt with summarily,

the commanding officer may dismiss the charge if he is of opinion that it ought not to be furtherproceeded with.

[F153 (4A) This section has effect subject to section 77A of this Act]

(5) References in this Act to dealing summarily with a charge are references to the taking by theappropriate superior authority or the commanding officer of the accused, as the case may require, of thefollowing action, that is to say, determining whether the accused is guilty, dismissing the charge orrecording a finding of guilty accordingly, and awarding punishment.

Textual Amendments

F153 S. 77(4A) inserted by Armed Forces Act 1981 (c. 55), s. 3(2)

Modifications etc. (not altering text)

C36 S. 77 excluded by Courts-Martial (Appeals) Act 1968 (c. 20), s. 19(4)

[F154 77A Power to stay further proceedings. U.K.

Where, in the course of investigating a charge, it appears to the accused’s commanding officer thatproceedings in respect of the matters to which the charge relates could be, and in the interests of thebetter administration of justice ought to be, taken against the accused otherwise than under this Act hemay stay further proceedings on the charge.]

Textual Amendments

F154 S. 77A inserted by Armed Forces Act 1981 (c. 55), s. 3(3)

78 Further proceedings on charges against N.C.O.s and soldiers. U.K.

(1) The following provisions of this section shall have effect where the commanding officer has investigateda charge against a non-commissioned officer or soldier [F155 and has not stayed further proceedings thereon].

(2) If—

(a) the charge is not one which can be dealt with summarily and the commanding officer has not dismissedit, or

(b) the charge is one which can be dealt with summarily but the commanding officer is of opinion that itshould not be so dealt with,

he shall take the prescribed steps with a view to the charge being tried by court-martial.

[F156 (3) Otherwise, the commanding officer shall proceed to deal with the charge summarily; and if he recordsa finding of guilty, he may award one or more of the following punishments—

(a) if the accused is a soldier, detention for a period not exceeding [F157 60] days,

(b) fine,

(c) if the accused is non-commissioned officer, severe reprimand or reprimand,

(d) where the offence has occasioned any expense, loss or damage, stoppages, and

(e) any minor punishment for the time being authorised by the Defence Council:

• Provided that no fine or minor punishment shall be awarded for an offence for which detention isawarded:

• And provided also that the amount of a fine that may be awarded—

(a) except in the case of an offence against section 70 of this Act, shall not exceed the amount of theoffender’s pay for F158 twenty-eight days, and

(b) in the said excepted case—

(i) in any case, shall not exceed the amount of the offender’s pay for F158 twenty-eight days, and

(ii) where the said civil offence is punishable by a civil court in England only on summary conviction, andis so punishable by any fine of a maximum amount less than the amount limited by sub-paragraph (i) above,shall not exceed that maximum, and

(iii) where the said civil offence is punishable by a civil court in England on indictment by a fine of amaximum amount less than the amount so limited (whether or not it is also punishable on summary conviction)shall not exceed that maximum,

a day’s pay being taken for the purposes of this proviso, as regards a person found guilty of anyoffence, as the gross pay that is, or would (apart from any forfeiture) be, issuable to that person inrespect of the day on which punishment is awarded in respect of the offence.]

[F159 (3a) Where the accused is a lance-corporal or lance-bombardier, and the commanding officer finds him guilty,the commanding officer may, if he awards no other punishment or no other punishment except stoppages, orderthe accused to be reduced to the ranks.]

(4) Where the accused is an acting warrant officer or non-commissioned officer, and the commanding officerfinds him guilty, the commanding officer may, if he awards no other punishment or no other punishment exceptstoppages, order the accused to revert to his permanent rank [F160 or to assume an acting rank lower than that held by him but higher than his permanentrank][F161 or, where his permanent rank is that of lance-corporal or lance-bombardier, to forfeithis acting rank and be reduced to the ranks].

(5) Notwithstanding anything in subsection (3) of this section, where the commanding officer [F162 considers] that the accused is guilty and if the charge is dealt with summarily will award a punishment otherthan severe reprimand, reprimand or a minor punishment, or where a finding of guilty (whatever thepunishment awarded) will involve a forfeiture of pay, the commanding officer shall not record a findinguntil after affording the accused an opportunity of electing to be tried by court-martial; and if theaccused so elects and does not subsequently in accordance with Queen’s Regulations withdraw his election,the commanding officer shall not record a finding but shall take the prescribed steps with a view to thecharge being tried by court-martial.

(6) Where a charge is one which can be dealt with summarily, but the commanding officer has taken steps witha view to its being tried by court-martial, any higher authority to whom the charge is referred may referthe charge back to the commanding officer to be dealt with summarily; and on any such reference [F163 the four last foregoing subsections] shall apply as if the commanding officer had originally been of opinion that the charge should bedealt with summarily:

Provided that a charge shall not be referred back where the accused has elected to be tried bycourt-martial and has not withdrawn his election.

Textual Amendments

F155 Words added by Armed Forces Act 1981 (c. 55), s. 3(4)

F156 S. 78(3) substituted by Armed Forces Act 1971 (c. 33), ss. 37(1), 78(4)

F157 Word substituted by Armed Forces Act 1976 (c. 52), s. 5(1)

F158 Words repealed by Armed Forces Act 1976 (c. 52), Sch. 10

F159 S. 78(3A) inserted by Army and Air Force Act 1961 (c. 52), s. 37(1)(2)(a)

F160 Words added by Army and Air Force Act 1961 (c. 52), s. 22

F161 Words added by Armed Forces Act 1966 (c. 45), s. 30(2)(a)

F162 Word substituted by Armed Forces Act 1981 (c. 55), Sch. 2 para. 1

F163 Words substituted by Army and Air Force Act 1961 (c. 52), s. 37(1)(2)(b)

Modifications etc. (not altering text)

C37 S. 78 excluded by Courts-Martial (Appeals) Act 1968 (c. 20),s. 19(4); amended by ArmedForces Act 1976 (c. 52), s. 5(2)

79 Further proceedings on charges against officers and warrant officers. U.K.

(1) After investigating a charge against an officer or warrant officer, the commanding officer shall, unless he has dismissed [F164 or stayed further proceedings on] the charge, or the case is one where he has power, and proposes, to direct trial by field general court-martial, submit it in the prescribed manner to higher authority; and thereupon it shall be determined by such authority how the charge is to be proceeded with in accordance with the two next following subsections.

(2) If the charge is one which can be dealt with summarily, it may be referred to the appropriate superior authority.

(3) If the charge is not so referred, the prescribed steps shall be taken with a view to its being triedby court-martial.

(4) Where the charge is referred to the appropriate superior authority, that authority shall investigate the charge in the prescribed manner and determine whether the accused is guilty of the charge and accordingly dismiss the charge or record a finding of guilty:

Provided that if in the course of investigating the charge the authority determines that it is desirable that the charge should be tried by court-martial, the prescribed steps shall be taken with a view to its being so tried.

[F165 (5) If the appropriate superior authority records a finding of guilty, the authority may award one or moreof the following punishments—

(a) except in the case of a warrant officer, forfeiture of seniority for a specified term or otherwise,

(b) fine,

(c) severe reprimand or reprimand, and

(d) where the offence has occasioned any expense, loss or damage, stoppages:

• Provided that the appropriate superior authority may not award both forfeiture of seniority and a fine:

• And provided also that the second proviso to section 78(3) of this Act shall have effect as respects fines awarded by virtue of this section as it has effect as respects fines awarded by virtue of the saidsection 78.]

(6) Notwithstanding anything in subsection (4) of this section, where the appropriate superior authority [F166 considers] that the accused is guilty and if the charge is dealt with summarily will award [F167 any punishment other than severe reprimand or reprimand], or where a finding of guilty will involve a forfeiture of pay, the authority shall not record a finding until after affording the accused an opportunity of electing to be tried by court-martial; and if the accused so elects [F168 and does not subsequently in accordance with Queen’s Regulations withdraw his election] the authority shall not record a finding but shall take the prescribed steps with a view to the charge being tried by court-martial.

Textual Amendments

F164 Words inserted by Armed Forces Act 1981 (c. 55), s. 3(5)

F165 S. 79(5) substituted by Armed Forces Act 1971 (c. 33), ss. 37(2), 78(4)

F166 Words substituted by Armed Forces Act 1981 (c. 55), Sch. 2 para. 2

F167 Words substituted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 1(3)

F168 Words in s. 79(6) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 11(1); S.I. 1991/2719, art.2 (with art. 3(1))

Modifications etc. (not altering text)

C38 S. 79 excluded by Courts-Martial (Appeals) Act 1968 (c. 20), s. 19(4); amended by ArmedForces Act 1976 (c. 52), s. 5(2)

[F169 80 Directions by higher authority for dismissal of charges or stay of proceedings. U.K.

(1) Notwithstanding anything in section 78 or 79 of this Act, where a charge has been referred to higherauthority with a view to its being tried by court-martial, or has been submitted to higher authority fordetermination how it is to be proceeded with, that authority may refer the charge back to the commandingofficer of the accused with a direction to dismiss the charge or a direction to stay all further proceedingsthereon; and the commanding officer shall deal with the charge accordingly.

(2) The reference back of a charge under subsection (1) above shall be without prejudice to the preferringof another charge if the higher authority has so directed or the commanding officer thinks fit.]

Textual Amendments

F169 S. 80 substituted by Armed Forces Act 1971 (c. 33), s. 46

Modifications etc. (not altering text)

C39 S. 80 extended by Armed Forces Act 1976 (c. 52), Sch. 3 paras. 4(5), 6(2)

81 Confession of desertion by warrant officer, non-commissioned officer or soldier. U.K.

(1) Where in accordance with Queen’s Regulations a warrant officer, non-commissioned officer or soldiersigns a written confession that he has been guilty of desertion, his commanding officer may, notwithstandinganything in the foregoing provisions of this Part of this Act, submit the confession for the considerationof [F170 the Defence Council] or such officer not below the rank of brigadier as may beprovided by Queen’s Regulations.

(2) After considering any such confession [F170 the Defence Council] or such officer as aforesaid may direct that the offence shall not be tried by court-martial or dealtwith summarily by the appropriate superior authority or commanding officer, and if such a direction is giventhe period of his service as respects which he confesses to have been a deserter shall be forfeited.

(3)

F171 (4) Subsections (2) to (7) of section seventeen of this Act shall apply in relation to the forfeiture ofservice by virtue of this section subject to the following modifications:—

(a)

F172 (b) for references to the date on which the offender was convicted there shall be substituted referencesto the date on which the direction was given.

Textual Amendments

F170 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F171 Ss. 67, 75(3) and 81(3) repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt.I

F172 S. 81(4)(a) repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

Modifications etc. (not altering text)

C40 S. 81(2) extended by Armed Forces Act 1981 (c. 55), s. 4(1)

82 Officers who are to act as commanding officers and appropriate superior authorities. U.K.

(1) In this Act the expression “commanding officer”, in relation to a person charged with an offence, means such officerhaving powers of command over that person as may be determined by or under regulations of [F173 the Defence Council].

(2) [F174 The following persons may act as appropriate superior authority in relation to a personcharged with an offence, that is to say,—

(a) any general officer, flag officer, air officer or brigadier having power to convene generalcourts-martial; or

(b) such other general officer, flag officer, air officer or brigadier, or, where the Defence Council F175 so direct, colonel or naval or air force officer of corresponding rank, asmay be specified by or under regulations of the Defence Council]:

Provided that an officer under such rank as may be specified by regulations under this section shallnot act as appropriate superior authority where the accused is above such rank as may be so specified.

(3) Regulations under this section may confer on officers, or any class of officers, who by or under theregulations are authorised to exercise the functions of commanding officer power to delegate thosefunctions, in such cases and to such extent as may be specified in the regulations, to officers of a classso specified.

Textual Amendments

F173 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F174 Words substituted by Armed Forces Act 1966 (c. 45), s. 23(1)

F175 Words repealed by Armed Forces Act 1981 (c. 55), Sch. 5 Pt. II

83 Limitation on powers of summary dealing with charges. U.K.

(1) The charges which may be dealt with summarily by a commanding officer, and the charges which may bedealt with summarily by an appropriate superior authority, shall be such as may be specified by regulationsof [F176 the Defence Council].

(2) In such cases as may be specified in that behalf by regulations of [F176 the Defence Council], the powers of a commanding officer or appropriate superior authority to award punishment shall besubject to such limitations as may be so specified.

Textual Amendments

F176 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

Valid from 02/10/2000

[F177 The summary appeal court U.K.

Textual Amendments

F177 S. 83ZA and the preceding cross-heading inserted (2.10.2000) by 2000 c. 4, s. 14(1); S.I. 2000/2366, art. 2 (with Sch. para. 13)

F178 83ZA The summary appeal court. U.K.

(1) There shall be a court (in this Act referred to as “the summary appeal court") for the purpose of hearing appeals against findings recorded and punishments awarded by commanding officers and appropriate superior authorities on dealing summarily with charges.

(2) The court shall consist of—

(a) judge advocates appointed under section 83ZB of this Act, and

(b) officers qualified under section 83ZC of this Act to be members of the court.

(3) The court—

(a) may sit in two or more divisions, and

(b) may sit in any place, whether within or outside the United Kingdom.

(4) There shall be a court administration officer for the court, who shall be an officer (or other person) appointed by the Defence Council.

(5) The court shall sit at such times and in such places as may be determined by the court administration officer.

(6) The court administration officer shall perform such other functions as may be prescribed by rules under section 83ZJ of this Act.

Textual Amendments

F178 S. 83ZA and the preceding cross-heading inserted (2.10.2000) by 2000 c. 4, s. 14(1); S.I. 2000/2366, art. 2 (with Sch. para. 13)

[F179 83ZB Judge advocates. U.K.

(1) Judge advocates in relation to the summary appeal court shall be appointed by the Judge Advocate General.

(2) No person shall be appointed under this section unless he is qualified under section 84B(2) of this Act for appointment as the judge advocate in relation to a court-martial.]

Textual Amendments

F179 S. 83ZB inserted (2.10.2000) by 2000 c. 4, s. 15(1); S.I. 2000/2366, art. 2 (with Sch. para. 13)

[F180 83ZC Officers qualified for membership of summary appeal court. U.K.

(1) Subject to subsections (2) and (3) below, an officer is qualified under this section for membership of the summary appeal court if he is a military officer who has held a commission in any of Her Majesty’s naval, military, or air forces for a period of not less than two years or periods amounting in the aggregate to not less than two years.

(2) Subject to subsection (3) below, rules under section 83ZJ of this Act may specify circumstances in which any other military officer or a naval or air-force officer is qualified under this section for membership of the court.

(3) The following are not qualified under this section for membership of the court—

(a) the court administration officer,

(b) an officer under the command of the court administration officer,

(c) the prosecuting authority,

(d) any person who has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990,

(e) an advocate in Scotland or a solicitor who has a right of audience in the Court of Session or the High Court of Justiciary,

(f) a member of the Bar of Northern Ireland,

(g) a person who has in any Commonwealth country rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules, or

(h) any person who is, or has at any time during the preceding five years been, a provost officer.

(4) In this section—

• “air-force officer” means an officer belonging to Her Majesty’s air forces and subject to air-force law;

• “military officer” means an officer belonging to Her Majesty’s military forces and subject to military law; and

• “naval officer” means an officer belonging to Her Majesty’s naval forces and subject to theNaval Discipline Act 1957.]

Textual Amendments

F180 S. 83ZC inserted (2.10.2000) by 2000 c. 4, s. 16(1); S.I. 2000/2366, art. 2 (with Sch. para. 13)

[F181 83ZD Constitution of summary appeal court for appeals. U.K.

(1) For the purpose of hearing an appeal, the summary appeal court shall consist of—

(a) one of the judge advocates appointed under section 83ZB of this Act, and

(b) two officers qualified under section 83ZC of this Act for membership of the court.

(2) Subsection (1) above has effect subject to any provision made by virtue of section 83ZJ of this Act.

(3) The judge advocate for any appeal shall be specified by or on behalf of the Judge Advocate General.

(4) The other members of the court for any appeal shall be specified by or on behalf of the court administration officer.]

Textual Amendments

F181 S. 83ZD inserted (2.10.2000) by 2000 c. 4, s. 17(1); S.I. 2000/2366, art. 2 (with Sch. para. 13)

[F182 83ZE Right of appeal. U.K.

(1) Any person in respect of whom—

(a) a charge has been dealt with summarily, and

(b) a finding that the charge has been proved has been recorded,

may appeal to the summary appeal court against the finding or against any punishment awarded (or against both).

(2) Subject to subsection (3) below, any appeal must be brought within the period of fourteen days beginning with the date on which the punishment was awarded (“the initial period”) or within such longer period as the court may (before the end of the initial period) allow.

(3) The court may at any later time give leave for an appeal to be brought.

(4) On any appeal under this section, the respondent shall be the prosecuting authority.]

Textual Amendments

F182 S. 83ZE inserted (2.10.2000) by 2000 c. 4, s. 18(1); S.I. 2000/2366, art. 2 (with Sch. para. 13)

[F183 83ZF Hearing of appeals. U.K.

(1) An appeal under section 83ZE of this Act against a finding shall be by way of a rehearing of the charge.

(2) An appeal under section 83ZE of this Act which relates only to the punishment awarded shall be by way of a rehearing in relation to the award of punishment.

(3) Except in such cases as may be prescribed by rules under section 83ZJ of this Act, appeals shall be heard in open court.

(4) Proceedings of the summary appeal court shall be conducted in accordance with the law of England and Wales.

(5) Rulings and directions on questions of law (including questions of procedure and practice) shall be given by the judge advocate.

(6) Any directions given by the judge advocate shall be binding on the court.]

Textual Amendments

F183 S. 83ZF inserted (2.10.2000) by 2000 c. 4, s. 19(1); S.I. 2000/2366, art. 2 (with Sch. para. 13)

[F184 83ZG Powers of summary appeal court. U.K.

(1) On an appeal against a finding that a charge has been proved, the summary appeal court—

(a) may confirm or quash the finding, or

(b) in a case where the commanding officer or appropriate superior authority could validly have recorded a finding that another charge had been proved, may substitute for the finding a finding that that other charge has been proved.

(2) Where the court quashes a finding—

(a) the court shall quash any punishment which relates only to that finding (or to that and one or more other findings which are also quashed), and

(b) the court may vary any punishment which relates both to that and one or more other findings so as to award any punishment which—

(i) it would have been within the powers of the commanding officer or appropriate superior authority to award, and

(ii) in the opinion of the court, is no more severe than the punishment originally awarded.

(3) Where, on an appeal against a finding that a charge has been proved, the court confirms the finding or substitutes for it a finding that another charge has been proved, the court may vary the punishment awarded by the commanding officer or appropriate superior authority so as to award any punishment which—

(a) it would have been within the powers of the commanding officer or appropriate superior authority to award, and

(b) in the opinion of the court, is no more severe than that originally awarded.

(4) On an appeal against the punishment awarded, the court—

(a) may confirm the punishment awarded by the commanding officer or appropriate superior authority, or

(b) may substitute any other punishment which—

(i) it would have been within the powers of the commanding officer or appropriate superior authority to award, and

(ii) in the opinion of the court, is no more severe than that originally awarded.

(5) Any punishment awarded by the court shall have effect as if awarded on the day on which the original punishment was awarded on dealing with the charge summarily.

(6) Any finding substituted or sentence awarded by the court shall be treated for all purposes as having been made or awarded by the officer who dealt summarily with the charge.]

Textual Amendments

F184 S. 83ZG inserted (2.10.2000) by 2000 c. 4, s. 20(1); S.I. 2000/2366, art. 2 (with Sch. para. 13)

[F185 83ZH Making of, and appeals from, decisions of court. U.K.

(1) Subject to section 83ZF(5) of this Act, any decision of the summary appeal court when constituted as mentioned in section 83ZD(1) of this Act shall be determined by a majority of the votes of the members of the court.

(2) The person who brought the appeal may question any judgment of the summary appeal court on the ground that it is wrong in law or is in excess of jurisdiction, by applying to the summary appeal court to have a case stated for the opinion of the High Court in England and Wales.]

Textual Amendments

F185 S. 83ZH inserted (2.10.2000) by 2000 c. 4, s. 21(1); S.I. 2000/2366, art. 2 (with Sch. para. 13)

[F186 83ZJ Rules of summary appeal court. U.K.

(1) The Secretary of State may make rules for the purpose of regulating the practice and procedure to be followed in the summary appeal court.

(2) Rules under this section may, in particular, make provision—

(a) as to the practice and procedure of the court in exercising functions preliminary to or incidental to the hearing of appeals under section 83ZE of this Act;

(b) as to the bringing and abandonment of appeals;

(c) as to the procedure for applying for leave under section 83ZE(2) or (3) of this Act;

(d) as to the procedure for applying for leave, or making a reference, under section 115(5A) or (5B) of this Act;

(e) as to consultation by the court administration officer with the Judge Advocate General before specifying where the court is to sit;

(f) as to circumstances in which the jurisdiction of the court may be exercised by a judge advocate appointed under section 83ZB of this Act sitting alone;

(g) enabling an uncontested appeal to be determined without a hearing;

(h) as to the convening and constitution of the court to hear any appeal;

(i) as to circumstances in which officers otherwise qualified under section 83ZC of this Act are ineligible to hear particular appeals;

(j) enabling the appellant to object to members of the court;

(k) as to the representation of the appellant on the hearing of appeals under section 83ZE of this Act and at any preliminary proceedings;

(l) as to the admissibility of evidence;

(m) as to the rehearing of an appeal where any member of the court originally constituted to hear it has been unable to continue hearing the appeal;

(n) as to procuring the attendance of witnesses at the hearing of appeals and at any preliminary proceedings;

(o) as to the administration of oaths;

(p) as to the recording of the proceedings of the court and custody of records of the proceedings;

(q) as to making copies of the records of proceedings available and as to the fees payable for such copies;

(r) as to the procedure for applying to have a case stated under section 83ZH(2) of this Act.

(3) Rules under this section may provide for any enactment which relates to the practice or procedure of courts-martial or to the admissibility of evidence in courts-martial to apply in relation to the court with such modifications as may be specified.

(4) Rules under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F186 S. 83ZJ inserted (2.10.2000) by 2000 c. 4, s. 22(1); S.I. 2000/2366, art. 2 (with Sch. para. 13)

[F187 83ZK Administration of oaths to members of summary appeal court. U.K.

(1) Every member of the summary appeal court shall, before first sitting as a member of the court, have administered to him by the prescribed person in the prescribed manner an oath in the prescribed form.

(2) In subsection (1) above “prescribed” means prescribed by the Secretary of State by order made by statutory instrument.

(3) An order made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F187 S. 83ZK inserted (2.10.2000) by 2000 c. 4, s. 23(1); S.I. 2000/2366, art. 2 (with Sch. para. 13)

[F188 83ZL Privileges of witnesses and others. U.K.

A witness before the summary appeal court or any other person whose duty it is to attend on or before the court shall be entitled to the same immunities and privileges as a witness before the High Court in England and Wales.]]

Textual Amendments

F188 S. 83ZL inserted (2.10.2000) by 2000 c. 4, s. 24(1); S.I. 2000/2366, art. 2 (with Sch. para. 13)

Valid from 01/04/1997

[F189 The prosecuting authority] U.K.

Textual Amendments

F189 S. 83A-83C and cross-heading inserted (1.4.1997 subject to art. 3) by 1996 c. 46, s. 5, Sch. 1 Pt. II para. 14; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

[F190 F191 83A The prosecuting authority. U.K.

(1) Her Majesty may appoint a qualified officer belonging to Her military forces to be the prosecuting authority for the Army; and in this Act “the prosecuting authority” means the officer so appointed.

(2) An officer shall not be qualified to be appointed as the prosecuting authority unless he is—

(a) a person who has a ten year general qualification within the meaning of section 71 of the M21 Courts and Legal Services Act 1990;

(b) an advocate or solicitor in Scotland of at least ten years’ standing; or

(c) a member of the Bar of Northern Ireland, or a solicitor of the Supreme Court of Northern Ireland, of at least ten years’ standing.

Textual Amendments

F190 Ss. 83A-83C and cross-heading inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. II para. 14; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

F191 S. 83A-83C and cross-heading inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. II para. 14; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

Marginal Citations

M21 1990 c. 41.

F192 83B Functions of the prosecuting authority. U.K.

(1) This section applies where a case has been referred to the prosecuting authority.

(2) If the case has been referred to him as a result of an election for court-martial trial, and that election is withdrawn with leave, the prosecuting authority shall—

(a) if the accused is an officer or warrant officer, refer the case to the appropriate superior authority;

(b) if the accused is a non-commissioned officer or soldier, refer the case to the commanding officer of the accused,

for the appropriate superior authority or commanding officer to record a finding that the preliminary charge has been proved and award punishment accordingly.

(3) In subsection (2) above “the preliminary charge” means the charge for which punishment would have been awarded had the accused not elected court-martial trial.

(4) If the prosecuting authority considers that court-martial proceedings under this Act should be instituted, he shall—

(a) determine any charge to be preferred and (subject to subsection (5) below) whether any such charge is to be tried by general court-martial or district court-martial; and

(b) prefer any charge so determined by him.

(5) The prosecuting authority shall not determine that a charge against an officer be tried by district court-martial.

(6) The prosecuting authority shall, in accordance with rules under section 103 of this Act, notify the commanding officer of the accused and a court administration officer of any charge preferred and the description of court-martial by which that charge is to be tried; and the commanding officer shall, in accordance with any such rules, inform the accused accordingly.

(7) The prosecuting authority shall have the conduct of any court-martial proceedings under this Act against the accused.

(8) Without prejudice to any other power of his in relation to the conduct of the proceedings, the prosecuting authority may, in accordance with rules under section 103 of this Act—

(a) amend, or substitute another charge or charges for, any charge preferred;

(b) prefer an additional charge, or additional charges, against the accused;

(c) discontinue proceedings on any charge.

(9) The powers mentioned in subsection (8)(a) above may be exercised in relation to an amended or substituted charge as well as in relation to any charge preferred by the prosecuting authority.

(10) The prosecuting authority may not exercise any power mentioned in subsection (8)(a) or (c) above in relation to any charge against the accused after the commencement of the trial of that charge unless the court-martial gives him leave to do so.

(11) If, before the commencement of the trial of a charge against the accused (“the original charge"), the prosecuting authority exercises the power mentioned in subsection (8)(b) above, he may, in accordance with rules under section 103 of this Act, direct any additional charge to be tried by the court-martial convened to try the original charge; and where he does so, subsection (6) above shall apply with such exceptions and modifications as may be prescribed.

(12) The prosecuting authority may not exercise the power mentioned in subsection (8)(b) above after the commencement of the trial of a charge against the accused unless the court-martial gives him leave to do so; and where the prosecuting authority exercises that power with the leave of the court-martial, the court may try any additional charge preferred.

(13) If, before the commencement of the trial of any charge, the prosecuting authority discontinues proceedings on that charge, he may direct that, for the purposes of section 134 of this Act, the accused is to be deemed to have been tried by court-martial for the offence charged.

(14) If, after the commencement of the trial of any charge, the prosecuting authority discontinues proceedings on that charge, the court-martial may give a direction such as is mentioned in subsection (13) above.

Textual Amendments

F192 S. 83A-83C and cross-heading inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. II para. 14; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

Valid from 02/10/2000

[F193 83BB Cases where charge may be referred back to commanding officer. U.K.

(1) Where—

(a) a case has been referred to the prosecuting authority as a result of an election for court-martial trial, and

(b) the prosecuting authority considers that a charge different from, or additional to, the preliminary charge should be preferred,

the prosecuting authority may refer back to the commanding officer of the accused the charge or charges which the prosecuting authority considers should be preferred.

(2) In subsection (1) above—

(a) “the preliminary charge” means the charge which would have been dealt with summarily had the accused not elected court-martial trial, and

(b) the reference to preferring a charge different from, or additional to, the preliminary charge includes a reference to amending, or substituting another charge for, a charge already preferred.

(3) Where a charge is referred to a commanding officer under subsection (1) above, the commanding officer shall deal with the charge as if it had been reported to him under section 76(1) of this Act.]

Textual Amendments

F193 S. 83BB inserted (2.10.2000) by 2000 c. 4, s. 13, Sch. 2 para. 3; S.I. 2000/2366, art. 2

Modifications etc. (not altering text)

C41 S. 83BB(1) modified (2.10.2000) by S.I. 1997/169, rules 6A, 13A (as inserted (2.10.2000) by S.I. 2000/2374, rule 2(5)(6))

Valid from 28/02/2002

[F194 83BC Power of prosecuting authority to advise police forces U.K.

(1) The prosecuting authority may give advice to police forces on all matters relating to offences under this Act (including offences under the Reserve Forces Act 1996 which by virtue of subsection (1) of section 103 of that Act are treated for the purposes mentioned in that subsection as being offences under this Act).

(2) In this section “police force” means any of the following—

(a) the Royal Military Police;

(b) the Royal Navy Regulating Branch;

(c) the Royal Air Force Police;

(d) the Ministry of Defence Police;

(e) any police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);

(f) the metropolitan police force;

(g) the City of London police force;

(h) any police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967;

(i) the Police Service of Northern Ireland;

(j) the British Transport Police;

(k) the National Crime Squad.]

Textual Amendments

F190 Ss. 83A-83C and cross-heading inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. II para. 14; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

F194 S. 83BC inserted (28.2.2002) by 2001 c. 19, s. 17, Sch. 1 para. 4; S.I. 2002/345, art. 2 (subject to transitional provisions in art. 3)

F195 83C Prosecuting officers. U.K.

(1) The prosecuting authority may delegate any of his functions to officers appointed by him as prosecuting officers.

(2) An officer shall not be appointed as a prosecuting officer unless he is—

(a) a person who has a general qualification within the meaning of section 71 of the M22 Courts and Legal Services Act 1990;

(b) an advocate or solicitor in Scotland; or

(c) a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland.]

Textual Amendments

F190 Ss. 83A-83C and cross-heading inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. II para. 14; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

F195 Ss. 83A-83C and cross-heading inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. II para. 14; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

Marginal Citations

M22 1990 c. 41.

Courts-martial: general provisions U.K.

84 Trial to be by general court-martial, district court-martial or in certain cases field generalcourt-martial. U.K.

(1) Subject to the provisions of this section, a charge which is to be tried by court-martial shall be triedeither by general court-martial or by district court-martial.

(2) Where the officer commanding a body of the regular forces on active service—

(a) being an officer (whether military, naval or air-force) to whom under subsection (1) of sectionseventy-nine of this Act a charge has been submitted for determining how it is to be dealt with, or

(b) being the accused’s commanding officer who has investigated a charge which cannot be dealt withsummarily or which in his opinion ought not to be so dealt with, or

(c) being the accused’s commanding officer or the appropriate superior authority who has investigated acharge on which the accused has elected to be tried by court-martial,

is of opinion that it is not possible without serious detriment to the public service that the chargeshould be tried by a general or district court-martial, the officer may (whether or not he is authorisedto convene general courts-martial) direct that the charge shall be tried by a field general court-martial.

Valid from 01/04/1997

[F196 84A Court administration officers. U.K.

In this Act—

• “court administration officer” means an officer (or other person) appointed by the Defence Council to convene general and district courts-martial and perform such other functions as may be prescribed; and

• “the court administration officer”, in relation to a court-martial, means the court administration officer who convened the court-martial and includes his successor or any person for the time being exercising his or his successor’s functions.]

Textual Amendments

F196 S. 84A-84D inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 19; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

Valid from 01/04/1997

F197 84B Judge advocates. U.K.

(1) In this Act “the judge advocate”, in relation to a court-martial, means the judge advocate appointed by or on behalf of the Judge Advocate General to be a member of the court-martial.

(2) No person shall be appointed as the judge advocate unless he is—

(a) a person who has a five year general qualification within the meaning of section 71 of the M23 Courts and Legal Services Act 1990;

(b) an advocate in Scotland of at least five years’ standing or a solicitor who has had a right of audience in the Court of Session or the High Court of Justiciary for at least five years; or

(c) a member of the Bar of Northern Ireland of at least five years’ standing.

(3) Rulings and directions on questions of law (including questions of procedure and practice) shall be given by the judge advocate.

(4) Any directions given by the judge advocate shall be binding on the court.

Textual Amendments

F197 S. 84A-84D inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 19; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

Marginal Citations

M23 1990 c. 41.

Valid from 01/04/1997

F198 84C Convening of general and district courts-martial. U.K.

(1) On being notified by the prosecuting authority of the charge preferred and the description of court-martial by which the charge is to be tried, a court administration officer shall by order convene a court-martial of that description.

(2) The order convening the court-martial shall specify—

(a) the date, time and place at which the court-martial is to sit;

(b) the officers who are to be members of the court-martial;

(c) which of those officers is to be president of the court-martial;

(d) any other officers appointed for the purpose of filling vacancies,

and shall state that a judge advocate appointed by or on behalf of the Judge Advocate General is to be a member of the court-martial.

(3) At any time before the commencement of the trial, the court administration officer may, in accordance with rules under section 103 of this Act, amend or withdraw the order convening the court-martial.

(4) The following shall not be eligible to be members of a court-martial for the trial of a charge—

(a) the court administration officer;

(b) an officer who at any time between the date on which the preliminary charge was reported to the commanding officer of the accused and the date of the trial has been the commanding officer of the accused;

(c) the higher authority to whom the preliminary charge against the accused was referred;

(d) any other officer who has investigated the subject matter of the charge against the accused;

(e) any other officer who under this Act has held, or has acted as one of the persons holding, an inquiry into matters relating to the subject matter of the charge against the accused.

(5) In subsection (4) above “the preliminary charge” means the charge referred to higher authority by the commanding officer of the accused.

Textual Amendments

F198 S. 84A-84D inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 19; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

Valid from 01/04/1997

F199 84D Constitution of general and district courts-martial. U.K.

(1) A general court-martial shall consist of the president, not less than four other military officers and the judge advocate.

(2) A district court-martial shall consist of the president, not less than two other military officers and the judge advocate.

(3) An officer shall not be appointed a member of a general court-martial unless he has held a commission in any of Her Majesty’s naval, military or air forces for a period of not less than three years or for periods amounting in the aggregate to not less than three years.

(4) An officer shall not be appointed a member of a district court-martial unless he has held a commission in any of Her Majesty’s naval, military or air forces for a period of not less than two years or for periods amounting in the aggregate to not less than two years.

(5) Not less than four of the members of a general court-martial shall be of a rank not below that of captain.

(6) A general court-martial for the trial of an officer above the rank of captain shall not include any member below the rank of captain.

(7) The president of a general or district court-martial shall not be below the rank of field officer unless in the opinion of the court administration officer a field officer having suitable qualifications is not, with due regard to the public service, available; and in any event the president of such a court-martial shall not be below the rank of captain.

(8) If, in the opinion of the court administration officer, the necessary number of military officers having suitable qualifications is not, with due regard to the public service, available, he may appoint as any member of the court (but not as its president) any naval or air-force officer of corresponding rank to that required for a military officer.

(9) In this section—

• “air-force officer” means an officer belonging to Her Majesty’s air forces and subject to air-force law;

• “military officer” means an officer belonging to Her Majesty’s military forces and subject to military law; and

• “naval officer” means an officer belonging to Her Majesty’s naval forces and subject to the M24 Naval Discipline Act 1957.

Textual Amendments

F199 S. 84A-84D inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 19; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

Marginal Citations

M24 1957 c. 53.

85 Powers of different descriptions of court-martial. U.K.

(1) A general court-martial shall have power to try any person subject to military law for any offence whichunder this Act is triable by court-martial, and to award for any such offence any punishment authorised bythis Act for that offence.

(2) A district court-martial shall have the powers of a general court-martial except that it shall not tryan officer or sentence a warrant officer to imprisonment, discharge with ignominy, dismissal or detention,and shall not award the punishment of death or of imprisonment for a term exceeding two years [F200 or make an order committing a person to be detained under section 71AA of this Actfor a period exceeding two years].

(3) A field general court-martial shall have the powers of a general court-martial, except that where thecourt consists of less than three officers the sentence shall not exceed imprisonment for a term of twoyears [F201 or detention under section 71AA of this Act for a period of two years].

Textual Amendments

F200 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para.5(a)

F201 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para.5(b)

Valid from 02/10/2000

[F202 85A Powers of court-martial where accused elected court-martial trial. U.K.

(1) Where a court-martial tries a person in pursuance of an election for court-martial trial, the court shall not award any punishment which could not have been awarded by the commanding officer or appropriate superior authority who would have dealt summarily with the preliminary charge if the election had not been made.

(2) In subsection (1) above “the preliminary charge” means the charge which would have been dealt with summarily had the accused not elected court-martial trial.

(3) For the purposes of this section a court-martial is not to be regarded as trying a person in pursuance of an election for court-martial trial if, since the election was made, the prosecuting authority has referred the charge back to the commanding officer under section 83BB of this Act.]

Textual Amendments

F202 S. 85A inserted (2.10.2000) by 2000 c. 4, s. 12(1); S.I. 2000/2366, art. 2 (with Sch. para. 15)

86 Officers having power to convene courts-martial. U.K.

(1) A general court-martial may be convened by any qualified officer authorised by Her Majesty by warrantunder Her sign manual to convene general courts-martial or that court-martial, [F203 or by any officer to whom a qualified officer so authorised has delegated his powerunder the warrant, being an officer under the command of the qualified officer and not below the rank ofcolonel.]

(2) A district court-martial may be convened by an officer authorised to convene general courts-martial,by any person, not below the rank of captain, under the command of such an officer whom that officer hasauthorised to convene district courts-martial, by any general officer or brigadier commanding a body oftroops or by any officer for the time being acting in the place of such a general officer or brigadier.

(3) A field general court-martial may be convened by the officer who directed that the charge should betried by field general court-martial.

(4)

F204 (5) In this section the expression “qualified officer” means any officer not below the rank of field officer or correspondingrank who—

(a) is in command of a body of the regular forces, or

(b) is in command of the command within which the person to be tried is serving.

(6) Any warrant under this section, or any authorisation under this section to convene courts-martial—

(a) may be made subject to restrictions, reservations, exceptions or conditions;

(b) may be addressed to officers by name or by designation of their offices, and may be issued or given toa named or designated officer, to a named or designated officer and to the person for the time beingperforming the duties of his office, to a named or designated officer and his successors in that office orto a named or designated officer and such person and successors;

(c) may be varied or may be revoked, either wholly or in part, by a subsequent warrant of Her Majesty or,as the case may be, by the officer by whom it was given or his successor in office.

(7) Where an officer on board ship—

(a) has had power to convene general courts-martial delegated to him by an officer under whose command hewas before the departure of the ship, or

(b) has been authorised under subsection (2) of this section to convene district courts-martial by such anofficer,

he may convene courts-martial to the like extent as if he had continued under the command of theofficer delegating the power or granting the authorisation.

Textual Amendments

F203 Words substituted by Armed Forces Act 1971 (c. 33), s. 48(1)

F204 S. 86(4) repealed by Armed Forces Act 1976 (c. 52), Sch. 10

87 Constitution of general courts-martial. U.K.

(1) A general court-martial shall consist of the president and not less than four other officers.

(2) Save as hereinafter provided, an officer shall not be appointed a member of a general court-martialunless he belongs to Her Majesty’s military forces, is subject to military law and has held a commissionin [F205 any of Her Majesty’s naval, military or air forces] for a period of not less than three years or for periods amounting in the aggregate to not less thanthree years.

(3) Not less than four of the members of a general court-martial shall be of a rank not below that ofcaptain.

(4) The president of a general court-martial shall be appointed by order of the convening officer and shallnot be under the rank of field officer unless in the opinion of the convening officer a field officer havingsuitable qualifications is not, with due regard to the public service, available; and in any event thepresident of a general court-martial shall not be under the rank of captain.

(5) The members of a general court-martial, other than the president, shall be appointed by order of theconvening officer or in such other manner as may be prescribed.

(6) An officer under the rank of captain shall not be a member of a general court-martial for the trial ofan officer above that rank.

Textual Amendments

F205 Words substituted by Armed Forces Act 1966 (c. 45), s. 24

88 Constitution of district courts-martial. U.K.

(1) A district court-martial shall consist of the president and not less than two other officers.

(2) Save as hereinafter provided, an officer shall not be appointed to be a member of a districtcourt-martial unless he belongs to Her Majesty’s military forces, is subject to military law and has helda commission in [F206 any of Her Majesty’s naval, military or air forces] for a period of not less than two years or for periods amounting in the aggregate to not less thantwo years.

(3) The president of a district court-martial shall be appointed by order of the convening officer and shallnot be under the rank of field officer unless in the opinion of the convening officer a field officer havingsuitable qualifications is not, with due regard to the public service, available; and in any event thepresident of a district court-martial shall not be under the rank of captain.

(4) The members of a district court-martial, other than the president, shall be appointed by order of theconvening officer or in such other manner as may be prescribed.

Textual Amendments

F206 Words substituted by Armed Forces Act 1966 (c. 45), s. 24

89 Constitution of field general courts-martial. U.K.

(1) A field general court-martial shall consist of the president and not less than two other officers, or,if the convening officer is of opinion that three officers having suitable qualifications are not availablewithout serious detriment to the public service, shall consist of the president and one other officer.

(2) Save as hereinafter provided, the members of a field general court-martial shall be persons belongingto Her Majesty’s military forces and subject to military law.

(3) The president of a field general court-martial shall be an officer appointed by the convening officerand shall not be under the rank of captain.

(4) The members of a field general court-martial, other than the president, shall be appointed by order ofthe convening officer or in such other manner as may be prescribed.

90 Supplementary provisions as to constitution of courts-martial. U.K.

(1) The officer who convened a court-martial shall not be a member of that court-martial:

Provided that if in the case of a field general court-martial it is not practicable in the opinionof the convening officer to appoint another officer as president, he may himself be president of thecourt-martial.

(2) An officer who at any time between the date on which the accused was charged with the offence and thedate of the trial has been the commanding officer of the accused, and any other officer who has investigatedthe charge against the accused, or who under this Act has held, or has acted as one of the persons holding,an inquiry into matters relating to the subject matter of the charge against the accused, shall not sit asa member of a general or district court-martial or act as judge advocate at such a court-martial.

(3) If any court-martial is required to be convened at any place where in the opinion of the conveningofficer the necessary number of military officers having suitable qualifications is not available to formthe court, and cannot be made available with due regard to the public service, the convening officer may,with the consent of the proper naval or air-force authority, appoint any naval or air-force officer aspresident in lieu of a military officer or as any other member of the court in lieu of or in addition toa military officer or military officers:

Provided that no naval or air-force officer shall be qualified to act in relation to a court-martialunless he is of corresponding rank to that which would have been required in the case of a military officerand has held a commission in [F207 any of Her Majesty’s naval, military or air forces] for the like period or periods as would have been so required.

(4) Where—

(a) the officer convening a general or district court-martial appoints a captain to be president, being ofopinion that a field officer having suitable qualifications is not with due regard to the public serviceavailable;

(b) an officer directs that an offender shall be tried by a field general court-martial, being of opinionthat it is not possible without serious detriment to the public service that the offender should be triedby a general or district court-martial, or the officer convening a field general court-martial appoints twoofficers only to be members of the court, being of opinion that three officers having suitablequalifications are not without serious detriment to the public service available, or appoints himself tobe president, being of opinion that it is not practicable to appoint another officer as president, or

(c) the officer convening any court-martial appoints an officer not being a military officer as presidentor any other member of the court, being of opinion that the necessary number of military officers havingsuitable qualifications is not available to form the court and cannot be made available with due regard tothe public service,

the order convening the court-martial shall contain a statement of the said opinion, and that statementshall be conclusive.

(5) In this section the expression “military officer” means an officer belonging to Her Majesty’s military forces and subjectto military law.

Textual Amendments

F207 Words substituted by Armed Forces Act 1966 (c. 45), s. 24

91 Place for sitting of courts-martial and adjournment to other places. U.K.

(1) Subject to the provisions of this section, a court-martial shall sit at such place (whether within orwithout Her Majesty’s dominions) as may be specified in the order convening the court; and the conveningofficer may convene it to sit [F208 at any place, whether or not, in the case of an officer having a command, within thelimits of his command].

(2) A court-martial sitting at any place shall if the convening officer directs it to sit at some otherplace, and may without any such direction if it appears to the court requisite in the interests of justiceto sit at some other place, adjourn for the purpose of sitting at that other place.

Textual Amendments

F208 Words substituted by Armed Forces Act 1981 (c. 55), Sch. 2 para. 4

Courts-martial: provisions relating to trial U.K.

92 Challenges by accused. U.K.

(1) An accused about to be tried by any court-martial shall be entitled to object, on any reasonablegrounds, to any member of the court, whether appointed originally or in lieu of another officer.

(2) For the purpose of enabling the accused to avail himself of the right conferred by the last foregoingsubsection, the names of the members of the court shall be read over in the presence of the accused beforethey are sworn, and he shall be asked whether he objects to any of those officers.

(3) Every objection made by an accused to any officer shall be considered by the other officers appointedmembers of the court.

(4) If objection is made to the president and not less than one-third of the other members of the courtallow it, the court shall adjourn and the convening officer shall appoint another president.

(5) If objection is made to a member of the court other than the president and not less than one-half ofthe members entitled to vote allow it, the member objected to shall retire and the vacancy may, and ifotherwise the number of members would be reduced below the legal minimum shall, be filled in the prescribedmanner by another officer.

93 Administration of oaths. U.K.

(1) An oath shall be administered to every member of a court-martial and to any person [F209 , other than an exempted person,] in attendance on a court-martial as judge advocate, officer [F210 or other person] under instruction, F211 or interpreter.

[F212 (1A) In subsection (1) above “exempted person” means any person appointed under section 30 of the M25 Courts-Martial (Appeals) Act 1951 (assistants to Judge Advocate General) who is acting as judgeadvocate at the court-martial and was appointed so to act either by or on behalf of the Judge AdvocateGeneral or by the convening officer.]

[F213 (1B) A witness before a court-martial—

(a) shall be examined on oath if he has attained the age of fourteen; and

(b) shall give evidence unsworn if he is under that age.

(2) Unsworn evidence admitted by virtue of subsection (1B)(b) above may corroborate evidence (sworn or unsworn) given by any other person.]

[F214 [F215 (2A) Unsworn evidence admitted by virtue of the proviso to subsection (2) above may corroborate evidence (sworn or unsworn) given by any other person.]]

(3) An oath required to be administered under this section shall be in the prescribed form and shall beadministered at the prescribed time by the prescribed person and in the prescribed manner.

Textual Amendments

F209 Words inserted by Armed Forces Act 1976 (c. 52), s. 12(1)(a)

F210 Words inserted by Armed Forces Act 1981 (c. 55), Sch. 2 para. 5(1)

F211 Words repealed by Armed Forces Act 1976 (c. 52), Sch. 10

F212 S. 93(1A) added by Armed Forces Act 1976 (c. 52), s. 12(2)

F213 S. 93 (1B)(2) substituted (1.10.1992) for s. 93(2) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 71, 102(2), Sch. 9, para. 3; S.I. 1992/333, art. 2(2), Sch. 2

F214 S. 93(2A) repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 101(2), 102(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2

F215 S. 93(2A) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1), Sch. 2 para. 3(1)(b); S.I. 1991/2719, art. 2

Modifications etc. (not altering text)

C42 This version of s. 93 records amendments made by 1991 c. 53 which are still partly prospective and amendments made by 1991 c. 62.70. Some amendments made by 1991 c. 62 conflict and they are shown in a separate version.

Marginal Citations

M25 1951 c.46.

94 Courts-martial to sit in open court. U.K.

(1) Subject to the provisions of this section, a court-martial shall sit in open court and in the presenceof the accused.

(2) Nothing in the last foregoing subsection shall affect the power of a court-martial to sit in camera onthe ground that it is necessary or expedient in the interests of the administration of justice to do so;and without prejudice to that power a court-martial may order that, subject to any exceptions the court mayspecify, the public shall be excluded from all or any part of the proceedings of the court if it appearsto the court that any evidence to be given or statement to be made in the course of the proceedings or thatpart, as the case may be, might otherwise lead to the disclosure of any information which would or mightbe directly or indirectly useful to an enemy.

(3) A court-martial shall sit in closed court while deliberating on their finding or sentence on any charge.

(4) A court-martial may sit in closed court on any other deliberation amongst the members.

(5) Where a court-martial sits in closed court no person shall be present except the members of the courtand such other persons as may be prescribed.

95 Dissolution of courts-martial. U.K.

(1) Where, whether before or after the commencement of the trial, it appears to the convening officernecessary or expedient in the interests of the administration of justice that a court-martial should bedissolved, the convening officer may by order dissolve the court-martial.

(2) Without prejudice to the generality of the last foregoing subsection, if after the commencement of thetrial a court-martial is, by reason of the death of one of the members or for any other reason, reducedbelow the legal minimum, it shall be dissolved.

(3) If after the commencement of the trial the president dies or is otherwise unable to attend and the courtis not reduced below the legal minimum, then—

(a) if the senior member of the court is of the rank of captain or corresponding rank or is of higher rank,the convening officer may appoint him president and the trial shall proceed accordingly; but

(b) if he is not, the court shall be dissolved.

(4) Without prejudice to the generality of subsection (1) of this section, if after the commencement of thetrial it is represented to the convening officer that owing to the sickness or other incapacity of theaccused it is impracticable having regard to all the circumstances to continue the trial within a reasonabletime, the convening officer may dissolve the court.

(5) Where a court-martial is dissolved under the foregoing provisions of this section the accused may betried by another court.

96 Decisions of courts-martial. U.K.

(1) Subject to the provisions of this section, every question to be determined on a trial by court-martialshall be determined by a majority of the votes of the members of the court.

(2) In the case of an equality of votes on the finding, the court shall acquit the accused.

(3) A finding of guilty where the only punishment which the court can award is death shall not have effectunless it is reached with the concurrence of all the members of the court; and where on such a finding beingcome to by a majority of the members there is no such concurrence, the court shall be dissolved and theaccused may be tried by another court.

(4) Where the accused is found guilty and the court has power to sentence him either to death or to someless punishment, sentence of death shall not be passed without the concurrence of all the members of thecourt.

(5) In the case of an equality of votes on the sentence, or on any question arising after the commencementof a trial, except the finding, the president shall have a second or casting vote.

97 Finding and sentence. U.K.

(1) Without prejudice to the provisions of section ninety-four of this Act, the finding of a court-martialon each charge shall be announced in open court.

(2) Any finding of guilty shall be, and be announced as being, subject to confirmation.

(3) Any sentence of a court-martial, together with any recommendation to mercy, shall be announced in opencourt, and a sentence of a court-martial shall be, and be announced as being, subject to confirmation.

98 Power to convict of offence other than that charged. U.K.

(1) An accused charged before a court-martial with an offence under this Act may, on failure of proof ofthe offence having been committed under circumstances involving a higher degree of punishment, be foundguilty of the offence as having been committed under circumstances involving a less degree of punishment.

(2) An accused charged before a court-martial with any offence may be found guilty of attempting to committhat offence.

(3) An accused charged before a court-martial with attempting to commit an offence may be convicted on thatcharge notwithstanding that it is proved that he actually committed the offence.

(4) Where an accused is charged before a court-martial under section seventy of this Act in respect ofattempting to commit a civil offence, he may be convicted on that charge notwithstanding that it is provedthat he actually committed the civil offence.

(5) Where an accused is charged before a court-martial with an offence against section seventy of this Act,and the corresponding civil offence is one in proceedings for which, if he had been tried by a civil courtfor committing the offence in England, he might have been found guilty of another civil offence, then ifthe court finds that he has committed that other civil offence he may be convicted of an offence againstsection seventy of this Act in respect of the commission of that other civil offence.

(6) An accused charged before a court-martial with an offence specified in the first column of the ThirdSchedule to this Act may be found guildy of an offence specified in relation thereto in the second columnof that schedule.

99 Rules of evidence. U.K.

(1) The rules as to the admissibility of evidence to be observed in proceedings before courts-martial shall [F216 , subject to section 99A below [F217 to Schedule 13 to the Criminal Justice Act 1988 (evidence before courts-martial etc.)][F218 and to service modifications],] be the same as those observed in civil courts in England, and no person shall be required inproceedings before a court-martial to answer any question or to produce any document which he could not berequired to answer or produce in similar proceedings before a civil court in England.

[F219 (1A) In this section “service modifications” means such modifications as the Secretary ofState may by regulations made by statutory instrument prescribe, being modifications which appear to himto be necessary or proper for the purposes of proceedings before a court-martial; and it is hereby declaredthat in this section—

“rules” includes rules contained in or made by virtue of an enactment; and

“enactment” includes an enactment contained in an Act passed after this Act.

(1B) Regulations under subsection (1A) above may not modify section 99A below.

(1C) Regulations under subsection (1A) above shall be subject to annulment in pursuance of a resolution ofeither House of Parliament.]

(2)

F220 (3) A court-martial shall take judicial notice of all matters of notoriety, including all matters withinthe general service knowledge of the court, and of all other matters of which judicial notice would be takenin a civil court in England.

Textual Amendments

F216 Words inserted by Armed Forces Act 1976 (c. 52), s. 11, Sch. 5 para. 3(a)

F217 Words in s. 99(1) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1), Sch. 2 para. 4(1); S.I. 1991/2719, art. 2

F218 Words inserted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(1), Sch.6 Pt. II para. 28(2)(a)

F219 S. 99(1A)–(1C) inserted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95),s. 119(1), Sch. 6 Pt. II para. 28(2)(b)

F220 S. 99(2) repealed by Criminal Justice Act 1967 (c. 80), Sch. 7 Pt. I and Armed Forces Act 1981 (c. 55), Sch. 5 Pt. II

[F221 99A Proof at courts-martial by written statement. U.K.

(1) [F222 Without prejudice to section 99 above, section] 9 of the M26 Criminal Justice Act 1967 (proof by written statement) shall applysubject to subsection (2) below and to service modifications, for the purposes of proceedings beforecourts-martial (whether held in the United Kingdom or not) as it applies to proceedings on indictment.

(2) The statements rendered admissible by this section are statements made—

(a) in the United Kingdom by any person, and

(b) outside the United Kingdom by any person who at the time of making the statement was—

(i) a person subject to service law, or

(ii) a person to whom Part II of this Act or Part II of the M27 Air Force Act 1955 is appliedby section 208A or section 209 of this Act or that Act respectively, or to whom Parts I and II of the M28 Naval Discipline Act 1957 are applied by section 117 or section 118 of that Act.

and the persons mentioned in this paragraph include persons to whom section 131 of this Act, section131 of the M29 Air Force Act 1955 or section 119 of the M30 Naval DisciplineAct 1957 apply.

(3) In subsection (1) above “service modifications” means—

(a) modifications made by any regulations under section 12 of the M31 Criminal Justice Act1967 in force on the coming into force of this section, and

(b) such modifications in the said section 9, as applied by subsection (1) above, as the Secretary of Statemay by regulations made by statutory instrument prescribe thereafter, being modifications which appear tohim to be necessary or proper for the purpose of the operation of that section in relation to proceedingsbefore a court-martial.

(4) Regulations under subsection (3)(b) above shall be subject to annulment in pursuance of a resolutionof either House of Parliament.

(5) Section 89 of the said Act of 1967 (punishment of making false statements tendered under section 9)shall apply to any statement rendered admissible by this section.]

Textual Amendments

F221 S. 99A inserted by Armed Forces Act 1976 (c. 52), s. 11, Sch. 5 para. 1

F222 Words substituted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(1),Sch. 6 Pt. II para. 28(3)

Modifications etc. (not altering text)

C43 S. 99A(1)(2)(5) applied (with modifications) (2.10.2000) by S.I. 2000/2371, rule 27(1)(b)(2)

Marginal Citations

M26 1967 c. 80.

M27 1955 c. 19.

M28 1957 c. 53.

M29 1955 c. 19.

M30 1957 c. 53.

M31 1967 c. 80.

100 Privilege of witnesses and others at courts-martial. U.K.

A witness before a court-martial or any other person whose duty it is to attend on or before the courtshall be entitled to the same immunities and privileges as a witness before the High Court in England.

101 Offences by civilians in relation to courts-martial. U.K.

Where in the United Kingdom or in any colony any person not subject to military law—

(a) having been duly summoned to attend as a witness before a court-martial, fails to comply with thesummons, or

(b) refuses to swear an oath when duly required by a court-martial to do so, or

(c) refuses to produce any document in his custody or under his control which a court-martial has lawfullyrequired him to produce, or

(d) when a witness, refuses to answer any question which a court-martial has lawfully required him toanswer, or

(e) wilfully insults any person, being a member of a court-martial or a witness or any other person whoseduty it is to attend on or before the court, while that person is acting as a member thereof or is soattending, or wilfully insults any such person as aforesaid while that person is going to or returning fromthe proceedings of the court, or

(f) wilfully interrupts the proceedings of a court-martial or otherwise misbehaves before the court, or

(g) does any other thing which would, if the court-martial had been a court of law having power to commitfor contempt, have been contempt of that court,

the president of the court-martial may certify the offence of that person under his hand to any courtof law in the part of the United Kingdom or in the colony, as the case may be, where the offence is allegedto have been committed, being a court having power to commit for contempt, and that court of law maythereupon inquire into the alleged offence and after hearing any witnesses who may be produced against oron behalf of the person charged with the offence, and after hearing any statement that may be offered indefence, punish or take steps for the punishment of that person in like manner as if he had been guilty ofcontempt of the court to which the offence is certified:

Provided that where the offence is alleged to have been committed in the United Kingdom and thecourt-martial was held outside the United Kingdom, the certifying of the offence may be done by [F223 the Defence Council] or any officer authorised by them.

Textual Amendments

F223 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

102 Affirmations. U.K.

(1) If—

(a) a person required by virtue of this Act to take an oath for the purposes of proceedings before acourt-martial objects to being sworn, F224 , or

(b) it is not reasonably practicable to administer an oath to such a person as aforesaid in the mannerappropriate to his religious belief,

he shall be permitted to make a solemn affirmation in the prescribed form instead of taking an oath.

[F225 (2) A person who may be permitted under this section to make his solemn affirmation may also be requiredto do so, and for the purposes of this section “reasonably practicable” means reasonably practicable without inconvenience or delay.]

Textual Amendments

F224 Words repealed by Administration of Justice Act 1977 (c. 38), Sch. 5 Pt. III

F225 S. 102(2) added by Oaths Act 1961 (c. 21), s. 1; saved by Oaths Act 1978 (c. 19), s.7(4)(5)

Offences: procedure U.K.

103 Rules of Procedure. U.K.

(1) Subject to the provisions of this section, the Secretary of State may make rules (hereinafter referredto as Rules of Procedure) with respect to the investigation and trial of, and awarding of punishment for,offences cognizable by courts-martial, commanding officers and appropriate superior authorities and withrespect to the confirmation and revision of findings and sentences of courts-martial.

(2) Without prejudice to the generality of the last foregoing subsection, Rules of Procedure may makeprovision with respect to all or any of the following matters, that is to say—

(a) the procedure to be observed in the bringing of charges before commanding officers and appropriatesuperior authorities;

(b) the manner in which charges so brought are to be investigated, and the taking of evidence (whetherorally or in writing, whether or not on oath and whether in full or in summary or abstract form) for thepurpose of investigating or dealing summarily with such charges or otherwise as a preliminary to the trialthereof by court-martial, so however that the Rules shall make provision for the application of sectionninety-three of this Act in any case where the accused requires that evidence shall be taken on oath;

(c) the addition to, or substitution for, a charge which has been investigated of a new charge for anoffence disclosed by evidence taken on the investigation and the treating of the investigation as theinvestigation of the new charge;

(d) the convening and constitution of courts-martial;

(e) the sittings, adjournment and dissolution of courts-martial;

(f) the procedure to be observed in trials by court-martial;

(g) the representation of the accused at such trials;

(h) procuring the attendance of witnesses before courts-martial and at the taking of evidence in pursuanceof rules made under paragraph (b) of this subsection;

(i) applying in relation to proceedings before commanding officers and appropriate superior authorities andotherwise in relation to proceedings prior to trial by court-martial all or any of the provisions of [F226 sections 99 to 102 above];

(j) empowering a court-martial or the convening officer, in such cases and to such extent as may beprescribed, to amend a charge which is being tried by the court;

(k) empowering a court-martial, where the particulars proved or admitted at the trial differ from thosealleged in the charge but are sufficient to support a finding of guilty of the like offence as that charged,to make a finding of guilty subject to exceptions or variations specified in the finding if it appears tothe court that the difference is not so material as to have prejudiced the accused in his defence;

[F227 (kk) directing that the powers conferred by section 7 of the M32 Bankers’ Books Evidence Act1879 (which enables orders to be made for the inspection of bankers’ books for the purposes of legalproceedings) may be exercised for the purposes of a court-martial (whether within or without the United Kingdom) by the authority by whom the court-martial is convened, as well as by the court or a judge within themeaning of that Act;]

(l) the forms of orders and other documents to be made for the purposes of any provision of this Act or theRules relating to the investigation or trial of, or award of punishment for, offences cognizable bycourts-martial, commanding officers or appropriate superior authorities or to the confirmation and revisionof the findings and sentences of courts-martial; and

(m) any matter which by this Part of this Act is required or authorised to be prescribed.

(3) Rules made by virtue of paragraph (j) of the last foregoing subsection shall secure that the power toamend charges shall not be exercisable in circumstances substantially different from those in whichindictments are amendable by a civil court in England, or otherwise than subject to the like conditions,as nearly as circumstances admit, as those subject to which indictments are so amendable, and shall not beexercisable by a court-martial (otherwise than for the purpose only of correcting a mistake in the name ordescription of the accused or a clerical error or omission) unless there is a judge advocate present at thetrial.

(4) Rules of Procedure shall not make provision with respect to the carrying out of sentences passed bycourts-martial or of other punishments awarded under this Part of this Act.

(5) A Rule of Procedure which is inconsistent with the provisions of this Act shall to the extent of theinconsistency be void.

Textual Amendments

F226 Words substituted by Armed Forces Act 1981 (c. 55), Sch. 2 para. 7

F227 S. 103(2)(kk) inserted by Armed Forces Act 1971 (c. 33), s. 49(1)

Modifications etc. (not altering text)

C44 S. 103 amended by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 146, Sch. 13 para. 7

Marginal Citations

M32 1879 c. 11.

104 Rules as to exercise of functions of judge advocate. U.K.

(1) Rules of Procedure may make provision as to the exercise by a judge advocate of his functions at a trialby court-martial.

(2) Without prejudice to the generality of the foregoing provisions of this section, Rules of Procedure maymake provision—

(a) as to the effect of advice or rulings given to the court by a judge advocate on questions of law;

(b) for requiring or authorising the president of a court-martial, in such cases as may be specified in theRules, to direct that questions of law [F228 or of law and fact mixed ]shall be determined by a judge advocate in the absence of the president and other members of the courtand any officers [F229 or other persons] under instruction, and for applying to the judge advocate and his proceedings on any suchdetermination such of the provisions of this Act relating to the court or its members and the proceedingsthereof as may be specified in the Rules.

(3) In the last foregoing subsection references to questions of law include references to questions as tothe joinder of charges and as to the trial of persons jointly or separately.

Textual Amendments

F228 Words inserted by Armed Forces Act 1971 (c. 33), s. 49(1)

F229 Words inserted by Armed Forces Act 1981 (c. 55), Sch. 2 para. 5(2)

105 Taking of offences into consideration. U.K.

(1) Rules of Procedure may be made for determining the cases in which and the extent to which courts-martialmay, in sentencing an accused for any offence of which he is convicted, at the request of the accused takeinto consideration other offences against this Act committed by him.

(2) Where Rules of Procedure make such provision as aforesaid, they may also make provision for conferringon the court taking one or more offences into consideration power to direct the making of such deductionsfrom the offender’s pay as the court would have had power to direct if he had been found guilty of theoffence or offences taken into consideration as well as of the offence of which he was in fact found guilty.

106 Rules of Procedure to be subject to annulment. U.K.

The power to make Rules of Procedure shall be exercisable by statutory instrument which shall be subjectto annulment in pursuance of a resolution of either House of Parliament.

Valid from 01/04/1997

[F230 Field General Courts-Martial U.K.

Textual Amendments

F230 Ss. 103A-103C and cross-heading inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 31; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

F231 103A Field general courts-martial. U.K.

(1) Where an officer to whom this subsection applies—

(a) is commanding a body of the regular forces on active service; and

(b) is of opinion that it is not possible without serious detriment to the public service for a charge against a member of that body to be tried by a general or district court-martial,

he may direct that the charge be tried by a field general court-martial.

(2) Subsection (1) above applies to—

(a) the commanding officer who has investigated the charge;

(b) the commanding officer or appropriate superior authority who has determined on a summary dealing that the charge against the accused has been proved, in a case where the accused has elected court-martial trial and that election has not been withdrawn;

(c) where the charge is against an officer or warrant officer, the higher authority to whom the charge has been referred by the commanding officer.

(3) If an officer to whom subsection (1) above applies directs that a charge be tried by a field general court-martial, he shall by order convene a field general court-martial.

(4) The order convening the field general court-martial shall specify—

(a) the date, time and place at which the court-martial is to sit;

(b) the officers who are to be members of the court-martial;

(c) which of those officers is to be president of the court-martial.

(5) At any time before the commencement of the trial, the officer who convened the field general court-martial may, in accordance with rules under section 103C of this Act, amend or withdraw the order convening the court-martial.

(6) Subject to subsection (7) below, the officer convening the field general court-martial shall not be a member of the court-martial.

(7) The officer convening the field general court-martial may be its president if, in his opinion, it is not possible, without serious detriment to the public service, to appoint another officer as president.

Textual Amendments

F231 S. 103A-103C and cross-heading inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 31; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

F232 103B Constitution of field general courts-martial. U.K.

(1) Subject to subsections (2) and (3) below, a field general court-martial shall consist of the president and not less than two other military officers.

(2) If the officer who convened the field general court-martial is of opinion that three military officers having suitable qualifications are not available without serious detriment to the public service, the field general court-martial shall consist of the president and one other military officer.

(3) Unless the officer convening the field general court-martial is of opinion that a judge advocate is not available without serious detriment to the public service, a judge advocate shall be a member of the court-martial.

(4) In subsection (3) above, “a judge advocate” means a judge advocate appointed by or on behalf of the Judge Advocate General or, if the officer convening the field general court-martial is of opinion that no such judge advocate is available without serious detriment to the public service, a qualified officer appointed by that officer.

(5) An officer is “qualified” for the purposes of subsection (4) above if he is—

(a) a person who has a general qualification within the meaning of section 71 of the M33 Courts and Legal Services Act 1990;

(b) an advocate or solicitor in Scotland; or

(c) a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland.

(6) The president of a field general court-martial shall not be below the rank of captain.

(7) If a field general court-martial is to be convened at any place where in the opinion of the officer convening it the necessary number of military officers having suitable qualifications is not available to form the court, and cannot be made available without serious detriment to the public service, the officer may appoint as any member of the court (but not as its president) any naval or air-force officer of corresponding rank to that required for a military officer.

(8) A field general court-martial shall have the powers of a general court-martial except that where less than three officers are members of the court the sentence shall not exceed imprisonment for a term of two years or detention under section 71AA of this Act for a period of two years.

(9) In this section—

• “air force officer” means an officer belonging to Her Majesty’s air forces and subject to air-force law;

• “military officer” means an officer belonging to Her Majesty’s military forces and subject to military law; and

• “naval officer” means an officer belonging to Her Majesty’s naval forces and subject to the M34 Naval Discipline Act 1957.

Textual Amendments

F232 S. 103A-103C and cross-heading inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 31; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

Marginal Citations

M33 1990 c. 41.

M34 1957 c. 53.

F233 103C Field General Court-Martial Rules. U.K.

(1) The Secretary of State may by statutory instrument make rules with respect to field general courts-martial.

(2) Rules under this section may in particular—

(a) provide for any provision of this Act relating to general or district courts-martial or the proceedings of such courts-martial to apply to field general courts-martial or the proceedings of such courts-martial with the necessary modifications;

(b) make any provision with respect to field general courts-martial which may be made with respect to general and district courts-martial by rules under section 103 of this Act.]

Textual Amendments

F233 S. 103A-103C and cross-heading inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 31; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

Confirmation, revision and review of proceedings of courts-martial U.K.

107 Confirmation of proceedings of courts-martial. U.K.

(1) Where a court-martial finds the accused guilty on any charge, the record of the proceedings of thecourt-martial shall be transmitted to a confirming officer for confirmation of the finding and sentence ofthe court on that charge.

(2) A finding of guilty or sentence of a court-martial shall not be treated as a finding or sentence of thecourt until confirmed:

Provided that this subsection shall not [F234 require a sentence under section 57(2) of this Act to be confirmed or] affect the keeping of the accused in custody pending confirmation or the operation of the two nextfollowing sections or the provisions of this Act as to confirmation or approval.

Textual Amendments

F234 Words inserted (retrospectively) by Armed Forces Act 1986 (c. 21, SIF 7:1),s. 16(1), Sch. 1 para. 1(1)(b)

108 Petitions against finding or sentence. U.K.

At any time after a court-martial has sentenced the accused, [F235 or has found the accused to be unfit to stand his trial or to be not guilty by reasonof insanity] but not later than the prescribed time after confirmation is completed [F236 or, in the case of a sentence under section 57(2) of this Act, after the award of thesentence], the accused may in the prescribed manner present a petition against finding or sentence or both.

Textual Amendments

F235 Words inserted by Criminal Procedure (Insanity) Act 1964 (c. 84), s. 8(3) proviso (c),Sch. 2 Pt. I

F236 Words inserted (retrospectively) by Armed Forces Act 1986 (c. 21, SIF 7:1),s. 16(1), Sch. 1 para. 1(1)(c)

109 Revision of findings of courts-martial. U.K.

(1) A confirming officer may direct that a court-martial shall revise any finding of guilty come to by thecourt in any case where it appears to him—

(a) that the finding was against the weight of evidence, or

(b) that some question of law determined at the trial and relevant to the finding was wrongly determined.

(2) Any such direction shall be accompanied by the necessary directions for the re-assembly of the court,and shall contain a statement of the reasons for the direction.

(3) On any revision of a finding the court shall reconsider the finding, and (unless the court adheresthereto) may substitute therefor either a finding of not guilty or any other finding to which the courtcould originally have come at the trial in lieu of the finding under revision.

(4) On any such revision the court shall not have power to receive further evidence.

(5) Where on any such revision the court either adheres to the original finding or substitutes therefor afinding of guilty of another offence, or of the same offence in different circumstances, the court maysubstitute a different sentence for the original sentence:

Provided that the court shall not have power to substitute a sentence of a punishment greater thanthe punishment or greatest of the punishments awarded by the original sentence, or to substitute a sentencewhich in the opinion of the court is more severe than the original sentence.

[F237 (5A) The power conferred by subsection (5) above (as limited by the proviso to that subsection) shall alsobe exercisable by a court-martial notwithstanding that it substitutes a finding of not guilty for thefinding, or each of the findings, to which a direction under this section relates if the original findingsof the court included one or more findings of guilty to which the direction does not relate.]

(6) The confirming officer shall not have power to direct the revision of any substituted finding come toby the court on a previous direction of the confirming officer, or the revision of the original finding ifadhered to by the court on such a previous direction; but save as aforesaid this Act shall apply to theproceedings of the court on any such revision as it applies to their deliberations on the original findingor sentence, and any substituted finding or sentence shall be treated for all purposes as an originalfinding or sentence of the court:

Provided that the decision of the court on the revision shall not be required to be announced in opencourt.

Textual Amendments

F237 S. 109(5A) inserted by Armed Forces Act 1971 (c. 33), s. 50(1)

110 Powers of confirming officers. U.K.

(1) Subject to the provisions of the last foregoing section and to the following provisions of this section,a confirming officer shall deal with the finding or sentence of a court-martial either by withholdingconfirmation, if of opinion that the finding of the court [F238 is unsafe, or by confirming the finding or sentence or referring the finding or sentence (or both) for confirmation to a higher confirming officer.]

(2) In lieu of withholding confirmation of the finding of a court-martial, a confirming officer may,if—

(a) some other finding of guilty could have been validly made by the court-martial on the charge before it,and

(b) he is of opinion that the court-martial must have been satisfied of the facts necessary to justify thatother finding,

substitute that other finding, and if he does so he shall consider in what manner, if at all, thepowers conferred by subsection (4) of this section should be exercised [F239 or a confirming officer may, if he is of opinion that the case is not one where thereshould have been a finding of not guilty, but that there should have been a finding that the accused wasunfit to stand his trial, substitute a finding that the accused was unfit to stand his trial.]

[F240 (2A) Where a court-martial has recorded no finding on one or more charges alternative to a charge on whichthe court has made a finding of guilty, a confirming officer, if he is of opinion that the court must havebeen satisfied of the facts necessary to justify a finding of guilty on the alternative charge or, as thecase may be, one of the alternative charges, may, instead of withholding confirmation of the finding—

(a) substitute for the finding a finding of guilty on the alternative charge, and

(b) substitute for the sentence of the court such sentence as he thinks proper, being in his opinion onewhich is not of greater severity than that for which it is substituted.]

(3) Where it appears to a confirming officer that a sentence of a court-martial is invalid, he may in lieuof withholding confirmation of the sentence substitute therefor a sentence of any punishment or punishmentswhich could have been awarded by the court, not being greater than the punishment or greatest of thepunishments awarded by the court and not in his opinion more severe than that punishment or thosepunishments.

(4) In confirming the sentence of a court-martial, a confirming officer may—

(a) remit in whole or in part any punishment awarded by the court; or

(b) commute any such punishment for one or more punishment or punishments provided by this Act, being lessthan the punishment commuted.

[F241 (4A) Where it appears to a confirming officer that a court-martial, in sentencing the accused for an offence,exceeded or erroneously exercised its powers under section 105 of this Act to take other offences intoconsideration, he shall, whether or not he substitutes a different sentence or remits or commutespunishment, annul the taking into consideration of the other offence or offences in question and any ordersdependent thereon; and where he does so, the offence or offences shall be treated for all purposes as nothaving been taken into consideration.]

(5) In confirming any sentence, a confirming officer may postpone the carrying out of the sentence for suchtime as seems expedient, and a confirming officer may extend or terminate any postponement ordered underthis subsection.

(6) A finding or sentence substituted by the confirming officer, or any sentence having effect after theconfirming officer has remitted or commuted punishment, shall be treated for all purposes as a finding orsentence of the court duly confirmed.

(7) The confirmation of a finding or sentence shall not be deemed to be completed until the finding orsentence has been promulgated; and in the event of any such substitution, remission or commutation asaforesaid the finding or sentence shall be promulgated as it has effect after the substitution, remissionor commutation.

(8) Where the confirming officer determines to withhold confirmation, the determination shall be promulgatedand shall have effect as from the promulgation thereof.

Textual Amendments

F238 S. 110: words in s. 110(1) substituted (1.1.1996 subject to art. 4 of the commencing S.I.) for words and proviso by 1995 c. 35, s. 29(1), Sch. 2 para. 1; S.I. 1995/3061, art. 2(d)

F239 Words added by Criminal Procedure (Insanity) Act 1964 (c. 84), s. 8(3) proviso (c), Sch.2 Pt. I

F240 S. 110(2A) inserted by Armed Forces Act 1971 (c. 33), s. 50(2)

F241 S. 110(4A) inserted by Armed Forces Act 1981 (c. 55), s. 5(1)

Modifications etc. (not altering text)

C45 S. 110: power to restrict conferred by Criminal Justice Act 1988 (c. 33, SIF 39:1), s.50(4)(b)

C46 S. 110(2)—(4) extended by Armed Forces Act 1976 (c. 52), Sch. 3 para. 20(2)(c)

111 Confirming officers. U.K.

(1) Subject to the provisions of this section, the following shall have power to confirm the finding andsentence of any court-martial, that is to say:—

(a) the officer who convened the court-martial or any officer superior in command to that officer;

(b) the successor of any such officer or superior officer, or any person for the time being exercising thefunctions of any such officer or superior officer;

(c) failing any such officer as aforesaid, any officer appointed by [F242 the Defence Council] to act as confirming officer, whether for the particular case or for a specified class of cases.

(2) The following shall not have power to confirm the finding or sentence of a court-martial, that is tosay:—

(a) any officer who was a member of the court-martial, or

(b) any person who as commanding officer of the accused investigated the allegations against him or who isfor the time being the commanding officer of the accused, or

(c) any person who as appropriate superior authority investigated the allegations against the accused:

Provided that a person excluded by the foregoing provisions of this subsection may act as confirmingofficer for a field general court-martial, if otherwise having power to do so, where he is of opinion thatit is not practicable, having due regard to the public service, to delay the case for the purpose ofreferring it to another confirming officer.

(3) A warrant or authorisation empowering the convening of a general or district court-martial may reservefor confirmation by superior authority findings or sentences or both in such circumstances as may bespecified by or under the warrant or authorisation, and the powers conferred by subsection (1) of thissection shall be exercisable subject to any such reservation.

(4) Where a person is found guilty by a court-martial held on board any ship and is disembarked before thefinding or sentence has been confirmed it may be confirmed by any officer under, or in the area of, whosecommand he is for the time being, being an officer having power to confirm courts-martial of the likedescription as that held on board the ship.

Textual Amendments

F242 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

[F243 Review of proceedings of courts-martial] U.K.

Textual Amendments

F243 S. 112 and cross-heading substituted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 16, Sch. 5 para. 3; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

112 Approval as well as confirmation required for certain death sentences. U.K.

(1) A sentence of death confirmed by an officer below the rank of general officer shall not be carried intoeffect unless approved by a general officer or by a naval or air-force officer of corresponding rank, beinga naval or air-force officer commanding the command in which the person under sentence was serving at thedate of the sentence.

(2) Without prejudice to the provisions of the last foregoing subsection, a sentence of death passed by acourt-martial shall not be carried into effect in a colony unless approved by the Governor of the colony.

(3) Notwithstanding anything in the foregoing provisions of this section, sentence of death passed on aperson on active service may be carried out without such approval as is mentioned in subsection (1) orsubsection (2) of this section where in the opinion of the confirming officer it is essential in theinterests of discipline and for the purpose of securing the safety of the force with which the personsentenced is present that the sentence should be carried out forthwith, and the confirming officer statesthat opinion in the minute confirming the sentence.

113 Review of findings and sentences of courts-martial. U.K.

(1) A finding or sentence which has been confirmed [F244 or a sentence under subsection (2) of section 57 of this Act] may at any time be reviewed by a reviewing authority, and if [F245 a petition is duly presented under section 108 of this Act against a] finding or sentence then, subject to the provisions of this section, the finding or sentence shallbe so reviewed as soon as may be after the presentation of the petition and after consideration of thematters alleged therein.

(2) The reviewing authorities for the purposes of this Act are the following:—

(a) Her Majesty,

(b) [F246 the Defence Council], or (so far as the delegation extends) any officer to whom the powers of [F246 the Defence Council] as reviewing authority, or any of those powers, may be delegated by, or by regulations of, [F246 the Defence Council],

(c) any officer superior in command to the confirming officer.

(3) If an application for leave to appeal [F247 against conviction or sentence] is received by the registrar of the Courts-Martial Appeal Court or the said registrar receivesparticulars of such an application furnished in pursuance of [F248 section 9(4)(b) of the M35 Courts-Martial (Appeals) Act 1968], so much of subsection (1) of this section as requires the review of a finding or sentence againstwhich a petition has been presented shall thereupon cease to apply to the finding to which the applicationfor leave to appeal relates and the sentence passed in consequence of that finding [F249 or, as the case may be, to the sentence to which the application relates].

(4) Notwithstanding anything in subsection (1) of this section, a sentence of death passed on a person onactive service and the finding of guilty in consequence of which it was passed shall not be required to bereviewed if in the opinion of the confirming officer it is essential in the interests of discipline and forthe purpose of securing the safety of the force with which the person sentenced is present that the sentenceshould be carried out forthwith, and the confirming officer states that opinion in the minute confirmingthe sentence.

(5) On a review under this section the reviewing authority may—

(a) in so far as the review is of a finding, quash the finding and, if the sentence relates only to thefinding quashed, the sentence;

(b) in so far as the review is of a sentence, quash the sentence;

[F250 (c) in any case, exercise the like powers of substituting findings, substituting sentences, remitting orcommuting punishment or annulling the taking of other offences into consideration (and orders dependentthereon) as are conferred on a confirming officer by subsections (2) to (4A) of section 110 of this Act;]

and any substituted finding or sentence, or sentence having effect after the remission or commutationof punishment, shall be treated for all purposes as a finding or sentence of the court duly confirmed.

(6) Where a reviewing authority exercises any of the powers conferred by the last foregoing subsection, thedetermination of the authority shall be promulgated and shall have effect as from the promulgation thereof.

Textual Amendments

F244 Words inserted (retrospectively) by Armed Forces Act 1986 (c. 21, SIF 7:1),s. 16(1), Sch. 1 para. 1(1)(d)(i)

F245 Words substituted (retrospectively) by Armed Forces Act 1986 (c. 21, SIF 7:1),s. 16(1), Sch. 1 para. 1(1)(d)(ii)

F246 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F247 Words inserted by Armed Forces Act 1971 (c. 33), Sch. 2 para. 2

F248 Words substituted by Courts-Martial (Appeals) Act 1968 (c. 20), Sch. 4

F249 Words added by Armed Forces Act 1971 (c. 33), Sch. 2 para. 2

F250 S. 113(5)(c) substituted by Armed Forces Act 1981 (c. 55), s. 5(2)

Modifications etc. (not altering text)

C47 S. 113: power to restrict conferred by Criminal Justice Act 1988 (c. 33, SIF 39:1), s.50(4)(b)

Marginal Citations

M35 1968 c. 20.

Valid from 01/04/1997

F251 113AA Powers of the reviewing authority. U.K.

(1) On a review under section 113 of this Act of a finding or sentence of a court-martial the reviewing authority has the following powers.

(2) In so far as the review is of a finding of guilt, the authority may—

(a) quash that finding and, if the sentence relates only to that finding, quash the sentence passed in consequence of that finding;

(b) substitute a finding mentioned in subsection (3) below if that finding could have been validly made by the court-martial and the authority is of the opinion that the court-martial must have been satisfied of facts which would justify the making of that finding;

and, where another finding is so substituted, the authority may pass any such sentence (not being, in the opinion of the authority, more severe than the sentence originally passed) open to a court-martial on making such a finding as appears proper.

(3) The findings referred to in subsection (2) above are—

(a) any finding of guilt which could have been validly made by the court-martial on the charge before it;

(b) if the court-martial recorded no finding on a charge alternative to a charge on which the court made the finding being reviewed, a finding of guilt on that alternative charge.

(4) In so far as the review is of a sentence, the authority may quash the sentence or substitute a sentence (not being, in the opinion of the authority, more severe than the sentence originally passed) which was open to the court-martial.

(5) In reviewing a sentence, the authority may—

(a) revoke an order made by the court under section 120A(1) of this Act;

(b) remit in whole or part any punishment awarded by the court;

(c) commute any such punishment for one or more punishments provided by this Act, being less than the punishment commuted.

(6) Where it appears to the reviewing authority that the court-martial, in sentencing the accused, exceeded or erroneously exercised its powers to take other offences into consideration, the authority shall (whether or not substituting a different sentence or remitting or commuting punishment) annul the taking into consideration of the other offence or offences in question and any orders dependent thereon; and where the authority does so the offence or offences shall be treated for all purposes as not having been taken into consideration.

(7) Any substituted finding or sentence, or sentence having effect after the remission or commutation of punishment—

(a) shall be treated for all purposes as having been made or passed by the court;

(b) shall be promulgated and shall have effect as from the date of promulgation.

Textual Amendments

F251 Ss. 113, 113AA substituted (1.4.1997 subject to art. 3 of the commencing S.I.) for s. 113 by 1996 c. 46, s. 16, Sch. 5 para. 4; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

[F252 113A Power of reviewing authority to authorise retrial. U.K.

(1) The following provisions of the M36 Courts-Martial (Appeals) Act 1968, that is tosay,—

• section 19,

• section 20, and

• Parts II and IV of Schedule 1,

(power of Courts-Martial Appeal Court to authorise retrial and supplementary provisions applicable whenthe power is exercised) shall apply with any necessary modifications in relation to the review by HerMajesty or the Defence Council under section 113 of this Act of the findings of a court-martial, as theyapply in relation to an appeal to the Courts-Martial Appeal Court.

(2) Any document purporting to be an order or direction made or given by virtue of the foregoing subsectionby the Defence Council shall be evidence of the making of the order or the giving of the direction, as thecase may be, and of its contents.]

Textual Amendments

F252 S. 113A inserted by Courts-Martial (Appeals) Act 1968 (c. 20), Sch. 4

Modifications etc. (not altering text)

C48 S. 113A excluded (1.4.1997) by S.I. 1997/172, art. 86

Marginal Citations

M36 1968 c. 20.

F253 114 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F253 S. 114 repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(2), Sch. 2

Review of summary findings and awards U.K.

115 Review of summary findings and awards. U.K.

(1) Where a charge has been dealt with summarily, otherwise than by the dismissal thereof, the authorityhereinafter mentioned may at any time review the finding or award.

(2) The said authority is—

(a) [F254 the Defence Council], or

(b) any military, naval or air-force officer superior in command to the officer who dealt summarily withthe charge, or

(c) any other officer being—

(i) a general officer or brigadier appointed by [F254 the Defence Council] to act for the purposes of this section in any particular case, or

(ii) a general officer or brigadier, or general officer or brigadier of a class, so appointed for any classof cases.

(3) Where on a review under this section it appears to the said authority expedient so to do by reason ofany mistake of law in the proceedings on the summary dealing with the charge or of anything occurring inthose proceedings which in the opinion of the authority involved substantial injustice to the accused, theauthority may quash the finding; F255 .

[F256 (3A) If a finding in any proceedings is quashed under the last foregoing subsection and the award made inthose proceedings relates only to the finding quashed, the authority shall also quash the award; and if theaward relates also to any other finding and it appears to the authority that the award was not warrantedby this Act in respect of that other finding, the authority may vary the award by substituting suchpunishment or punishments as the authority may think proper, being a punishment or punishments which couldhave been included in the original award in relation to that other finding, and not being in the opinionof the authority more severe than the punishment or punishments included in the original award.]

(4) Where on a review under this section it appears to the said authority that a punishment awarded wasinvalid, or too severe, or (where the award included two or more punishments) that those punishments or someof them could not validly have been awarded in combination or are, taken together, too severe, the authoritymay vary the award by substituting such punishment or punishments as the authority may think proper, beinga punishment or punishments which could have been included in the original award and not being in theopinion of the authority more severe than the punishment or punishments included in the original award.

Textual Amendments

F254 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F255 Words repealed by Army and Air Force Act 1961 (c. 52), s. 25

F256 S. 115(3A) inserted by Army and Air Force Act 1961 (c. 52), s. 25

Findings of insanity U.K.

116 Provisions where accused found insane. U.K.

(1) Where, on the trial of a person by court-martial, it appears to the court that the accused is F257 unfit to stand his trial, the court shall so find; and if the finding isconfirmed in accordance with the following provisions of this section the accused shall be kept in custodyin such manner as may be provided by or under regulations of [F258 the Defence Council] until the directions of Her Majesty are known or until any earlier time at which the accused is fitto stand his trial.

[F259 For purposes of this subsection “unfit to stand his trial” means under any disability such as apart from the M37 Criminal Procedure (Insanity) Act 1964 would constitute a bar to a trial on indictment in Englandor Wales.]

(2) Where, on the trial of a person by court-martial, it appears to the court that the evidence is such as,apart from any question of insanity, to support a finding that the accused was guilty of any offence, butthat at the time of the acts or omissions constituting that offence the accused was insane, the court shallfind that the accused [F260 was not guilty of that offence by reason of insanity], and thereupon the accused shall be kept in custody in such manner as may be provided by or underregulations of [F258 the Defence Council] until the directions of Her Majesty are known.

(3) In the case of any such finding as aforesaid Her Majesty may give orders for the safe custody of theaccused during Her pleasure in such place and in such manner as Her Majesty thinks fit.

(4) A finding under subsection (1) of this section shall not have effect unless and until the finding hasbeen confirmed by an officer who would have had power to confirm a finding of guilty come to by thecourt-martial in question and has been promulgated.

[F261 (4A) Where on the trial of a person by court-martial the question arises (at the instance of the defence orotherwise) whether the accused is unfit to stand his trial, the following provisions shall haveeffect:—

(a) the court, if having regard to the nature of the supposed disability the court is of opinion that itis expedient to do so and in the interests of the accused, may postpone consideration of the question untilany time up to the opening of the case for the defence, and if before the question falls to be determinedthe court finds the accused not guilty of the charge or each of the charges on which he is being tried, thequestion shall not be determined;

(b) subject to paragraph (a) above, the question shall be determined as soon as it arises;

(c) where the accused is found unfit to stand his trial, the trial shall not proceed or further proceed,but if the question is determined at a time later than on arraignment, the confirming officer or reviewingauthority may substitute a finding of not guilty (other than a finding of not guilty by reason of insanity),if of opinion that the court should before that time have come to such a finding.]

(5) . . . F257 the provisions of this Act as to revision, confirmation and review (andin particular the provisions of this Act which confer power to substitute for any finding any other findingwhich could have been come to by the court-martial in question) apply in relation to such findings as areprovided for by subsection (2) of this section as those provisions apply in relation to . . . F257 findings of guilty.

[F262 (6) Where the confirming officer or reviewing authority substitutes for a finding of not guilty by reasonof insanity a finding of guilty of an offence, the confirming officer or reviewing authority shall have thelike powers of sentencing the accused and other powers as the court-martial would have had on the likefinding of guilty, and any sentence imposed shall be promulgated and have effect as would a sentence dulysubstituted by the confirming officer or reviewing authority for a sentence of the court-martial:

Provided that the confirming officer or reviewing authority shall not have power by virtue of thissubsection to impose a sentence of death, and where apart from this proviso a sentence of death would berequired by law, the sentence shall (whatever the circumstances) be one of imprisonment for life.

(7) Where in pursuance of a finding of not guilty by reason of insanity a person is detained under [F263 section 46 of the Mental Health Act 1983], [F264 section 69 of the Mental Health (Scotland) Act 1984] or [F265 Article 52 of the Mental Health (Northern Ireland) Order 1986], and the reviewing authority quashes the finding (without substituting another finding), then if thereviewing authority is of the opinion—

(a) that the person in question is suffering from mental disorder ([F263 within the meaning of the Mental Health Act 1983]) of a nature or degree which warrants his [F266 detention in a hospital for assessment (or for assessment followed by medicaltreatment)] for at least a limited period; and

(b) that he ought to be so detained in the interests of his own health or safety or with a view to theprotection of other persons,

the reviewing authority shall make an order for his continued detention under the Act [F267 or Order]; and the order shall be sufficient authority for him to be detained, and the Act [F267 or Order] shall apply, as if on the date of the order he had been admitted to the hospital in pursuance of anapplication duly made under the Act [F267 or Order] (being in England or Wales an application for [F266 admission for assessment]).

In this subsection any reference to the Mental Health [F265 (Northern Ireland) Order 1986] or any provision thereof includes any corresponding Act or provision for the time being in force inNorthern Ireland.]

Textual Amendments

F257 Words repealed by Criminal Procedure (Insanity) Act 1964 (c. 84), s. 8(3) proviso (c),Sch. 2 Pt. I

F258 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F259 Words added by Criminal Procedure (Insanity) Act 1964 (c. 84), s. 8(3) proviso (c), Sch.2 Pt. I

F260 Words substituted by Criminal Procedure (Insanity) Act 1964 (c. 84), s. 8(3) proviso (c),Sch. 2 Pt. I

F261 S. 116(4A) inserted by Criminal Procedure (Insanity) Act 1964 (c. 84), s. 8(3) proviso(c), Sch. 2 Pt. I

F262 S. 116(6)(7) added by Criminal Procedure (Insanity) Act 1964 (c. 84), s. 8(3) proviso (c),Sch. 2 Pt. I

F263 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 10

F264 Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(1), Sch.3 para. 5

F265 Words substituted by S.I. 1986/596, art. 4

F266 Words substituted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), ss. 65(1),69(6), Sch. 3 para. 27, Sch. 5 para. 1

F267 Words inserted by S.I. 1986/596, art. 4

Modifications etc. (not altering text)

C49 S. 116 extended by Courts-Martial (Appeals) Act 1968 (c. 20), s. 16(2)(3)

Marginal Citations

M37 1964 c.84.

Saving for functions of Judge Advocate General U.K.

117 Saving for functions of Judge Advocate General. U.K.

Nothing in the foregoing provisions of this Part of this Act shall prejudice the exercise of thefunctions conferred (whether by Queen’s Regulations or otherwise) on the Judge Advocate General ofconsidering and reporting on the proceedings of courts-martial or any other functions so conferred on himin relation to such courts.

Commencement, suspension and duration of sentences U.K.

118 Commencement of sentences. U.K.

(1) A military sentence of imprisonment or detention F268 shall, subject to the [F269 following provisions of this Part of this Act and to][F270 section 11(2) of the M38 Courts-Martial (Appeals) Act 1968] (which empowers the Court in certain cases to direct that a sentence shall begin to run from the dayon which the Court dismisses an application for leave to appeal), begin to run from the beginning of theday on which sentence was originally pronounced by the court-martial trying the offender or, as the casemay be, was originally awarded by his commanding officer.

(2) A sentence of imprisonment or detention passed by a court-martial on a warrant officer, non-commissionedofficer or soldier which is suspended in pursuance of section one hundred and twenty of this Act before hehas been committed to prison or a military establishment shall not begin to run until the beginning of theday on which the suspension is determined:

Provided that where the sentence is suspended by the confirming officer and the reviewing authoritydetermines the suspension, the reviewing authority may direct that the sentence shall run from such earlierdate, not earlier than the day on which sentence was originally pronounced by the court-martial, as thereviewing authority may specify.

Textual Amendments

F268 Words repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

F269 Words substituted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 1(4)

F270 Words substituted by Courts-Martial (Appeals) Act 1968 (c. 20), Sch. 4

Modifications etc. (not altering text)

C50 S. 118 excluded by Armed Forces Act 1976 (c. 52), Sch. 3 para. 18(7)

Marginal Citations

M38 1968 c. 20.

Valid from 02/10/2000

[F271 118ZA Commencement of sentence of detention awarded by commanding officer. U.K.

(1) Subject to the following provisions of this Part of this Act, subsections (2) to (4) below apply to a sentence of detention awarded by the offender’s commanding officer.

(2) If the offender so elects at the time of the award, his sentence shall begin to run from the day on which it is awarded.

(3) If the offender does not make an election under subsection (2) above or, having made such an election, withdraws it during the appeal period, his sentence or, in the case of withdrawal, the remainder of his sentence shall be suspended by virtue of this subsection—

(a) until the end of the appeal period, or

(b) where an appeal is brought within the appeal period, until the determination of the appeal.

(4) Where an appeal is brought—

(a) within the appeal period, by an offender who has made an election under subsection (2) above which has not been withdrawn, or

(b) after the end of the appeal period, by any offender,

the remainder of his sentence shall be suspended by virtue of this subsection until the determination of the appeal.

(5) In this section “the appeal period” means the period within which an appeal may be brought under section 83ZE(2) of this Act.]

Textual Amendments

F271 S. 118ZA inserted (2.10.2000) by 2000 c. 4, s. 25, Sch. 3 para. 9; S.I. 2000/2366, art. 2 (with Sch. para. 13)

[F272 118A Consecutive terms of imprisonment and detention. U.K.

(1) Where any person who is serving a sentence of imprisonment, whether passed under this Act or otherwise,is awarded a military sentence of imprisonment, or where a person who is awarded a military sentence ofimprisonment is further sentenced to imprisonment under section 57(2) of this Act, the court-martial by whomthe subsequent or further sentence is awarded may order that that sentence shall begin to run from theexpiry of the first-mentioned sentence.

(2) Where any person who is serving a military sentence of detention, or a sentence of detention passed onhim under the M39 Air Force Act 1955 or the M40 Naval Discipline Act 1957,is found guilty under this Act of another offence for which he is awarded a military sentence of detention,or where a person who is awarded a military sentence of detention is further sentenced to detention undersection 57(2) of this Act, the court-martial or officer by whom the subsequent or further sentence isawarded may order that that sentence shall begin to run from the expiry of the first-mentioned sentence.

(3) Where a person is convicted by a general court-martial or a field general court-martial of two or moreoffences against section 70 of this Act consisting in the commission of a civil offence for which a civilcourt in England could award imprisonment, the court-martial may by its sentence award, for any of the saidoffences, a term of imprisonment which is to run from the expiry of a term awarded by that sentence for anyother of those offences.]

Textual Amendments

F272 S. 118A inserted by Armed Forces Act 1971 (c. 33), ss. 39(1), 78(4)

Marginal Citations

M39 1955 c. 19.

M40 1957 c. 53.

119 Duration of sentences of imprisonment and detention. U.K.

(1) Where a warrant officer, non-commissioned officer or soldier has been sentenced to imprisonment ordetention by a court-martial, and the sentence is suspended [F273 in pursuance of section 120 of this Act] after he has been committed to prison or a military establishment, the currency of the sentence shallbe suspended from the beginning of the day after the day on which he is released in accordance with [F273 the provisions of the said section 120] until the beginning of the day on which the suspension is determined.

(2) Where any person serving a military sentence of imprisonment or detention becomes unlawfully at largeduring the currency of the sentence, then, in calculating the period for which he is liable to be imprisonedor detained in pursuance of the sentence, no account shall be taken of time elapsing during the periodbeginning with the day on which he became at large and ending with the day on which, as a person havingbecome unlawfully at large, he is taken into naval, military or air force custody or the custody of a civilauthority or (not having been taken into such custody) returns to the place in which he was imprisoned ordetained before he became unlawfully at large:

Provided that if he satisfies such authority as may be specified in that behalf by or underImprisonment and Detention Rules that during any time during the last-mentioned period he was—

(a) in the custody of a civil authority, or

(b) if and in so far as Imprisonment and Detention Rules so provide, in the custody of any military, navalor air-force authority of any country or territory outside the United Kingdom as respects which arrangementshave been made under section one hundred and twenty-six of this Act,

the last-mentioned time shall not be disregarded in calculating the period for which he is liable tobe imprisoned or detained in pursuance of the military sentence.

(3) In the last foregoing subsection the expression “civil authority” means a civilauthority (whether of the United Kingdom or of any country or territory outside the United Kingdom)authorised by law to detain persons, and includes a constable.

(4) Without prejudice to subsection (2) of this section, where any person serving a military sentence ofimprisonment or detention has in accordance with Imprisonment and Detention Rules been temporarily releasedon compassionate grounds, then, in calculating the period for which he is liable to be imprisoned ordetained in pursuance of the sentence, no account shall be taken of time elapsing during the periodbeginning with the day after that on which he is released and ending with the day on which he is requiredto return to custody.

(5) A person who for any period is released as mentioned in the last foregoing subsection or who isotherwise allowed, in pursuance of Imprisonment and Detention Rules, out of any military establishment orotherwise out of military custody for any period or subject to any condition shall, on failure to returnat the expiration of the period or to comply with the condition, be treated for the purposes of subsection(2) of this section as being unlawfully at large.

(6) A person serving a military sentence of imprisonment or detention in civil custody who, after beingtemporarily released under civil law, is at large at any time during the period for which he is liable tobe detained in civil custody in pursuance of his sentence shall be deemed to be unlawfully at large if theperiod for which he was temporarily released has expired or if an order recalling him has been made inpursuance of civil law.

(7) References in the last foregoing subsection to release or recall under civil law are references torelease or recall in pursuance of rules made under subsection (5) of section forty-seven of the M41 Prison Act 1952, subsection (6) of section thirty-five of the M42 Prisons(Scotland) Act 1952, or paragraph (c) of subsection (1) of section thirteen of the M43 Prisons Act (Northern Ireland) 1953, or (in the case of a person serving his sentence outsidethe United Kingdom) in pursuance of any corresponding provision of the law of the country or territory inwhich he is serving his sentence.

Textual Amendments

F273 Words substituted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para.1(5)

Marginal Citations

M41 1952c. 52.

M42 1952 c. 61.

M43 1953 c. 18(N.I.)

[F274 119A Limitation of total period of sentences of detention. U.K.

(1) Notwithstanding anything in this Part of this Act, no offender shall be kept continuously in detentionfor a period exceeding two years in pursuance of two or more sentences of detention.

(2) Subsection (1) above shall not affect the validity of any order or direction under this Part of thisAct that a sentence of detention shall begin to run from the expiry of another such sentence; but so muchof any term of detention to which any such order or direction relates as would prolong the total term ofdetention beyond two years shall be remitted by virtue of the order or direction.

(3) Where any person who has been sentenced by a court-martial (whether under this Act, the M44 Air Force Act 1955 or the M45 Naval Discipline Act 1957) to detention issubsequently sentenced by a court-martial under this Act to imprisonment, any part of the sentence ofdetention which has not been served shall thereupon be remitted by virtue of this subsection.]

Textual Amendments

F274 S. 119A inserted by Armed Forces Act 1971 (c. 33), ss. 40, 78(4)

Marginal Citations

M44 1955 c.19.

M45 1957 c. 53.

120 Suspension of sentences. U.K.

(1) The following provisions of this section shall have effect as respects the suspension of a sentence ofimprisonment or detention passed by a court-martial on a warrant officer, non-commissioned officer orsoldier.

(2) Without prejudice to subsection (5) of section one hundred and ten of this Act, in confirming such asentence the confirming officer may order that the sentence shall be suspended.

(3) Any such sentence which is not for the time being suspended may, on the review F275 of the sentence, be suspended by order of the authority reviewing F275 the sentence.

(4) The suspension of any such sentence may (without prejudice to its again being suspended) be determinedon the review F275 of the sentence by an order of the said authority committing the personsentenced to imprisonment or detention, as the case may be.

(5) Where, while any such sentence is suspended, the person sentenced is sentenced by court-martial toimprisonment or detention for a fresh offence then (unless the balance of the earlier sentence is remittedby virtue of [F276 section 119A(3)] of this Act)—

(a) the court may determine the suspension of the earlier sentence by an order committing the personsentenced to imprisonment or detention, as the case may be, and if so the court shall direct whether thetwo sentences are to run concurrently or consecutively;

(b) if the court does not exercise the powers conferred by the last foregoing paragraph, the confirmingofficer may exercise those powers on the confirmation of the later sentence;

(c) if neither the court nor the confirming officer exercises the said powers, a reviewing authority mayexercise those powers on the review of the later sentence;

(d) where the said powers are exercised (whether by the court, the confirming officer or a reviewingauthority), any power of suspension or remission exercisable in relation to the later sentence shall beexercisable also in relation to the earlier sentence:

F277 (6) Without prejudice to the further suspension of the earlier sentence, an order under the last foregoingsubsection directing that the suspension of that sentence shall be determined shall not be affected by thelater sentence not being confirmed or by its being quashed.

(7) Where the sentence of a person in custody is suspended, he shall thereupon be released [F278 and a sentence which has been suspended shall, unless the suspension has been soonerdetermined, be remitted by virtue of this subsection at the expiry of one year from the date on which thesuspension took effect].

(8)F279

Textual Amendments

F275 Words repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(2), Sch. 2

F276 Words substituted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 1(6)

F277 Proviso repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

F278 Words added by Armed Forces Act 1971 (c. 33), s. 54(2)

F279 Ss. 120(8), 152(3), and 153(2) repealed by Armed Forces Act 1971 (c. 33), Sch. 4 Pt. II

Valid from 01/04/1997

[F280 120A Postponement of sentences. U.K.

(1) On passing any sentence a court-martial may order that the sentence shall not have effect until the end of the period specified in the order.

(2) On reviewing a sentence under section 113 of this Act, the reviewing authority may—

(a) if the sentence has not had effect, order that the sentence shall not have effect until the end of the period specified in the order;

(b) if the sentence has had effect, order that the sentence shall cease to have effect on the making of the order until the end of the period specified in the order.

(3) On exercising any power under section 113AA of this Act to pass or substitute a sentence, the reviewing authority may order that the sentence shall not have effect until the end of the period specified in the order.

(4) The Defence Council or any officer authorised by them may terminate the period specified in an order under this section or extend such a period for a further period specified by them.

(5) On the termination of such a period the sentence in respect of which the order in question was made shall have effect or (in the case of an order under subsection (2)(b) above) resume effect.

(6) Nothing in this section shall be taken to prevent section 118(1) of this Act from applying in relation to an air-force sentence of imprisonment or detention.]

Textual Amendments

F280 S. 120A inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 9(1); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

Execution of sentences of death, imprisonment and detention U.K.

121 Execution of sentences of death. U.K.

(1) The Secretary of State may make regulations with respect to the execution of sentences of death underthis Act, whether passed in the United Kingdom or elsewhere.

(2) Without prejudice to the generality of the last foregoing subsection regulations under this section maymake provision with respect to all or any of the following matters, that is to say—

(a) the manner in which, the person by whom and the country or territory, place and kind of establishment(whether military or not) where any such sentence is to be executed; and

(b) the custody and treatment of the person under sentence and his removal from one place or establishmentto another between the passing and execution of the sentence,

or may authorise such persons as may be specified in or determined by or under the regulations to givedirections with respect to all or any of those matters.

(3) Such provost marshal or other provost officer not below field rank as may be specified in or determinedunder regulations under this section shall be responsible for the due execution of any sentence of deathpassed under this Act.

Modifications etc. (not altering text)

C51 S. 121 amended by Courts-Martial (Appeals) Act 1968 (c. 20), s. 52

122 Imprisonment and Detention Rules. U.K.

(1) Subject to the provisions of this Act, the Secretary of State may make rules (in F281 . . . this Act referred to as Imprisonment and Detention Rules) with respect to all or any of the following matters, that is to say—

(a) the places in which and the establishments or forms of custody (whether military or not) in whichpersons may be required to serve the whole or any part of military sentences of imprisonment and detentionpassed on them;

(b) the committal of persons under military sentences of imprisonment or detention to the appropriateestablishment or form of custody, their removal from one country or place to another and from oneestablishment or form of custody to another and their release on the coming to an end of any term ofimprisonment or detention;

(c) the provision, classification, regulation and management of military establishments;

(d) the classification, treatment, employment, discipline and control of persons serving military sentencesof imprisonment or detention in military establishments or otherwise in military custody;

(e) the temporary release on compassionate grounds of persons serving such sentences in such establishmentsor custody as aforesaid, the cases in which, periods for which and conditions subject to which they may beallowed out of any such establishment or custody and the remission of part of any such sentence F282 . . .;

(f) the appointment, powers and duties of inspectors, visitors and governors, and of officers and othermembers of the staff, of military establishments.

(2) Imprisonment and Detention Rules shall not authorise the infliction of corporal punishment.

(3) Imprisonment and Detention Rules may apply with the necessary modifications all or any of the provisionsof sections thirty-nine to forty-two of the M46 Prison Act 1952 (which relate to offencesby persons other than prisoners).

(4) Imprisonment and Detention Rules may, to such extent as may be provided by the Rules, be made so as toapply to persons detained in military establishments while serving sentences of imprisonment or detentionawarded under [F283 the M47 Naval Discipline Act 1957] or the M48 Air Force Act, 1955, notwithstanding that such persons are not for the timebeing subject to military law.

(5) The Secretary of State may as respects any area in which persons subject to military law are on activeservice delegate his power to make Imprisonment and Detention Rules to the officer commanding the commandwithin which those persons are serving, subject to such restrictions, reservations, exceptions andconditions as the Secretary of State may think fit.

Textual Amendments

F281 Words in s. 122(1) repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(2), Sch. 3; S.I. 1991/2719, art. 2, Sch.

F282 Words in s. 122(1)(e) repealed (1.10.1996 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 35(1)(2), Sch. 6 para. 5, Sch. 7 Pt. III; S.I. 1996/2474, art. 2, Sch.

F283 Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)

Modifications etc. (not altering text)

C52 S. 122 amended by Courts-Martial (Appeals) Act 1968 (c. 20), s. 52

C53 S. 122(3) amended (E.W.) by Criminal Justice Act 1961 (c. 39), s. 22(3)

Marginal Citations

M46 1952 c. 52.

M47 1957 c. 53.

M48 1955 c. 19.

123 Supplementary provisions relating to regulations and rules under ss. 121 & 122. U.K.

(1) Regulations made under section one hundred and twenty-one of this Act or Imprisonment and DetentionRules may contain such incidental and supplementary provisions as appear to the Secretary of State to berequisite for the purposes of the regulations or rules.

(2) Any such regulations or rules as aforesaid made by the Secretary of State shall be made by statutoryinstrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

124 Restrictions on serving of sentences of detention in prisons. U.K.

A person shall not be required to serve any part of a military sentence of detention in a military orcivil prison:

Provided that in such cases and subject to such conditions as may be specified by or underImprisonment and Detention Rules a person serving such a sentence may be temporarily detained in a militaryor civil prison for any period not exceeding seven days.

125 Special provisions as to civil prisons in the United Kingdom. U.K.

(1) A person sentenced to death or imprisonment and committed or transferred to a civil prison in pursuanceof regulations under section one hundred and twenty-one of this Act or of Imprisonment and Detention Rulesshall while in that prison be confined and otherwise dealt with in the same manner as a person confinedtherein under a like sentence of a civil court.

(2) The M49 Capital Punishment Amendment Act 1868, F284 shall apply in relation to the execution in a civil prison of a sentence ofdeath passed by a court-martial for any offence, but with the substitution in that Act for references tothe sheriff of references to the provost marshal or other provost officer responsible for the due executionof the sentence.

Textual Amendments

F284 Words repealed by Murder (Abolition of Death Penalty) Act 1965 (c. 71), Sch.

Marginal Citations

M49 1868 c. 24.

126 Special provisions as to carrying out or serving of sentences outside the United Kingdom otherwise thanin military establishments. U.K.

(1) A Secretary of State may from time to time make arrangements with the authorities of any country orterritory outside the United Kingdom whereby sentences of death passed by courts-martial may in accordancewith regulations under section one hundred and twenty-one of this Act be carried out in establishments underthe control of those authorities and military sentences of imprisonment or detention may in accordance withImprisonment and Detention Rules be served wholly or partly in such establishments.

(2) The powers conferred on the Secretary of State by sections one hundred and twenty-one and one hundredand twenty-two of this Act shall extend to the making of such provision as appears to the Secretary of Statenecessary or expedient for giving effect to any arrangements made under the last foregoing subsection.

(3) The said powers shall be so exercised as to secure that no sentence of death passed by a court-martialshall be executed, and no military sentence of imprisonment or detention shall be served, in anestablishment in any country or territory outside the United Kingdom not being a military establishment,except in accordance with arrangements made as respects that country or territory.

127 Country in which sentence of imprisonment or detention to be served. U.K.

(1) A person who is serving a military sentence of imprisonment or detention in the United Kingdom may (inso far as may be specified by or under Imprisonment and Detention Rules) be removed out of the UnitedKingdom—

(a) to any colony in which he was enlisted; or

(b) to any place out of the United Kingdom where the corps or any part thereof to which for the time beinghe belongs is serving or is under orders to serve,

but not to any other place.

(2) Subject to the following provisions of this section, a person sentenced under this Act, by acourt-martial held out of the United Kingdom, to imprisonment or detention for more than twelve months shallas soon as practicable F285 . . . be removed to the United Kingdom.

(3) The last foregoing subsection shall not apply in relation to any person belonging to a class of personsspecified by or under Imprisonment and Detention Rules as persons whose removal to the United Kingdom wouldfor reasons of climate, place of birth or place of enlistment or any other reason not be beneficial.

(4) Where a person has been sentenced under this Act, by a court-martial held out of the United Kingdom,to imprisonment or detention for more than twelve months, the confirming officer or reviewing authority maynotwithstanding anything in subsection (2) of this section direct that he shall not be required to beremoved to the United Kingdom until he has served such part of his sentence, not exceeding (in the case ofa sentence of more than two years’ imprisonment) two years, as may be specified in the direction; and indetermining whether or not to exercise the powers conferred by this subsection a confirming officer orreviewing authority shall have regard to any recommendation in that behalf made by the court-martial.

(5) Any direction of a confirming officer under this section may at any time be revoked by the confirmingofficer or by a reviewing authority, or superseded by any direction of the confirming officer or a reviewingauthority which the officer or authority could have given under the last foregoing subsection; and anydirection of a reviewing authority under this section may at any time be revoked by a reviewing authorityor superseded as aforesaid.

(6) Any direction given under this section, and the revocation of any such direction, shall be promulgated.

(7) In ascertaining at any time for the purposes of this section the nature or length of a sentence regardshall be had to any commutation or remission of the sentence previously directed.

Textual Amendments

F285 Words in s. 127(2) repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1)(2), Sch. 2 para. 1, Sch. 3; S.I. 1991/2719, art. 2,Sch.

128 Application of enactments relating to coroners. U.K.

(1) Section five of the M50 Capital Punishment Amendment Act 1868 (which makes specialprovision for the holding of inquests on the bodies of persons on whom judgment of death has been executedwithin the jurisdiction of a coroner) shall apply in relation to the execution, in any premises in theUnited Kingdom under the control of the Secretary of State within such jurisdiction, of a sentence of deathpassed under this Act by a court-martial as it applies to the execution of a judgment of death passed bya civil court, but with the substitution for the reference to the sheriff of a reference to the provostmarshal or other provost officer responsible for the due execution of the sentence.

(2) [F286 The Coroners Act 1887 to 1926][F286 The Coroners Act 1988] shall apply in relation to any premises in the United Kingdom under the control of the Secretary ofState and allocated for the accommodation of persons sentenced by court-martial to imprisonment or detentionas those Acts apply in relation to a prison.

Textual Amendments

F286 Words “The Coroners Act 1988" substituted (E.W.) for “The Coroners Acts 1887 to1926" by Coroners Act 1988 (c. 13, SIF 33), s. 36(1), Sch. 3 para. 6

Marginal Citations

M50 1868 c. 24.

129 Duties of governors of prisons and others to receive prisoners. U.K.

(1) It shall be the duty of the governor of a civil prison, or, in so far as regulations under section onehundred and twenty-one of this Act or Imprisonment and Detention Rules so provide, of the superintendentor other person in charge of a prison (not being a military prison) in a colony, to receive any person dulysent to that prison in pursuance of the regulations or rules and to confine him until execution of thesentence is completed or the prisoner is discharged or delivered over in due course of law.

(2) Where a person is in military custody in pursuance of a military sentence of imprisonment or detention,then on receipt of a written order in that behalf purporting to be signed by that person’s commandingofficer it shall be the duty of any such governor, superintendent or other person as aforesaid, of thepolice officer in charge of a police station or of any person in charge of any other place in whichprisoners may be lawfully confined (whether the station or place is in the United Kingdom or in a colony)to keep that person in custody for a period not exceeding seven days unless the said person is earlierdischarged or delivered over in due course of law.

Modifications etc. (not altering text)

C54 S. 129 extended by Guyana Independence Act 1966 (c. 14), s. 5(2)

130 Application to air-force establishments and custody. U.K.

(1) In section one hundred and eighteen of this Act, the reference in subsection (2) to a militaryestablishment shall include a reference to an air-force establishment (within the meaning of the M51 Air Force Act 1955).

(2) In section one hundred and nineteen of this Act references to a military establishment and toImprisonment and Detention Rulesshall include respectively references to such an air-force establishmentas aforesaid and to Imprisonment and Detention Rules made under the M52 Air Force Act 1955,and the reference in subsection (5) to military custody shall include a reference to air-force custody.

(3) In section one hundred and twenty-four of this Act the reference to a military prison shall include areference to an air-force prison (within the meaning of the M53 Air Force Act 1955).

(4) In subsection (3) of section one hundred and twenty-six of this Act the reference to a militaryestablishment shall include a reference to an air-force establishment (within the meaning of the M54 Air Force Act 1955).

Marginal Citations

M51 1955c. 19.

M52 1955 c. 19.

M53 1955 c. 19.

M54 1955c. 19.

Trial of persons ceasing to be subject to military law and time limits for trials U.K.

131 Trial and punishment of offences under military law notwithstanding offender ceasing to be subject tomilitary law. U.K.

(1) Subject to the provisions of the next following section, where an offence under this Act triable bycourt-martial has been committed, or is reasonably suspected of having been committed, by any person while subject to military law, then in relation to that offence he shall be treated, for the purposes of the provisions of this Act relating to arrest, keeping in custody, investigation of charges, [F287 summary dealing with charges] trial and punishment by court-martial (including confirmation, review, F288 . . . and suspension) and execution of sentences as continuing subject to military law notwithstanding his ceasing at any time to be subject thereto.

(2) Where, while a person is in military or air-force custody by virtue of this section (whether before,during or after trial) he commits, or is reasonably suspected of having committed, an offence which if he were subject to military law would be an offence under this Act triable by court-martial, then in relation to that offence or suspected offence he shall be treated, for the purposes of the provisions of this Act mentioned in the last foregoing subsection F289 , as having been subject to military law when the offence was committed or is suspected of having been committed and as continuing subject to military law thereafter.

(3) Where by virtue of either of the two last foregoing subsections a person is treated as being at any time subject to military law for the purpose of any provision of this Act, that provision shall apply tohim—

(a) if he holds any military rank, as to a person having that rank;

(b) if he holds any naval or air-force rank or rating, as to a person having the corresponding military rank;

(c) otherwise as to a person having the rank which he had when last actually subject to military law:

Provided that as respects any time after he has been sentenced for the offence in question and the sentence has been confirmed the said provision shall apply to him (in any case) as to a soldier.

(4) Where apart from this subsection any provision of this Act would under the last foregoing subsection apply to a person, in relation to different offences, as to a person having different ranks, it shall apply to him as to a person having the lower or lowest of those ranks.

Textual Amendments

F287 Words inserted by Armed Forces Act 1981 (c. 55), s. 6(2)

F288 Word in s. 131(1) repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1)(2), Sch. 2 para. 11(1), Sch.3; S.I. 1991/2719, art. 2,Sch.

F289 Words repealed by Armed Forces Act 1981 (c. 55), Sch. 5 Pt. II

132 Limitation of time for trial of offences under military law. U.K.

[F290 (1) Where by virtue of any enactment proceedings on indictment for any civil offence must be brought withina limited period, no proceedings shall be taken against any person for an offence against section 70 of thisAct corresponding to that civil offence unless the trial or proceedings on a summary dealing with the chargeis or are begun before the end of that period.]

(2) Where a person who has committed an offence of desertion, other than desertion on active service, hassince the offence served as a member of the regular forces continuously in an exemplary manner for not lessthan three years, he shall not be tried for that offence.

[F291 (3) Except in relation to the offences specified in subsection (3A) below, no proceedings shall be takenagainst a person by virtue of subsection (1) of section 131 of this Act unless—

(a) in a case where the charge is one which may be dealt with summarily, the proceedings on the summarydealing with the charge are begun within three months or the trial by court-martial is begun within sixmonths after he ceases to be subject to military law;

(b) in a case where the charge is one which cannot be dealt with summarily, the trial is begun within sixmonths after he ceases to be subject to military law.

(3A) Subsection (3) above does not apply to an offence against section 31 or 32 of this Act or desertion orto an offence against section 70 where the civil offence is alleged to have been committed outside theUnited Kingdom and the Attorney General consents to the proceedings.]

(4) A person shall not be arrested or kept in custody by virtue of subsection (1) of the last foregoingsection for an offence at any time after he has ceased to be triable for the offence.

Textual Amendments

F290 S. 132(1) substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 7(1)(6)

F291 S. 132(3)(3A) substituted for s. 132(3) by Armed Forces Act 1981 (c. 55), s. 6(3)(c)

Modifications etc. (not altering text)

C55 S. 132 excluded (1.4.1997) by S.I. 1997/172, art. 86

[F292 133 Jurisdiction of civil courts U.K.

(1) Where a person subject to military law—

(a) has been tried for an offence by a court-martial or has had an offence committed by him taken intoconsideration by a court-martial in sentencing him, or

(b) has been charged with an offence under this Act and has had the charge dealt with summarily by hiscommanding officer or the appropriate superior authority,

a civil court shall be debarred from trying him subsequently for [F293 the same, or substantially the same offence] ; but except as aforesaid nothing in this Act shall be construed as restricting the jurisdictionof any civil court to try a person subject to this Act for an offence.

(2) For the purposes of this section—

(a) a person shall not be deemed to have been tried by a court-martial if confirmation is withheld of afinding by the court-martial that he is guilty of the offence, or of a finding by the court-martial thathe is not guilty of the offence by reason of insanity;

(b) a person shall not be deemed to have had an offence taken into consideration by a court-martial insentencing him if confirmation of the sentence is withheld or the sentence is quashed [F294 (as well as in a case where the taking into consideration of the offence has beenannuled by the confirming officer or reviewing authority)];

(c) a case shall be deemed to have been dealt with summarily by the commanding officer or appropriatesuperior authority notwithstanding that the finding of that officer or authority has been quashed, or theaward of that officer or authority quashed or varied, on the review thereof].

Textual Amendments

F292 S. 133 substituted by Armed Forces Act 1966 (c. 45), s. 25(1)

F293 Words in s. 133(1) substituted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1), Sch. 2 para. 5(2); S.I. 1991/2719, art. 2

F294 Words added by Armed Forces Act 1981 (c. 55), s. 5(4)(a)

Modifications etc. (not altering text)

C56 S. 133 extended with modifications by Armed Forces Act 1976 (c. 52), Sch. 3 para. 16

[F295 133A Financial penalty enforcement orders. U.K.

(1) If—

(a) a financial penalty has been awarded against any person under this Act, and

[F296 (b) the penalty was—

(i) a fine awarded in respect of a qualifying offence (or in respect of such an offence together with otheroffences) on the conviction of a qualifying offence either of that person or of the person as whose parentor guardian that person is to pay the penalty; or

(ii) stoppages or a compensation order awarded in respect of a qualifying offence, (whether on the convictionof any person of the offence or on a request by any person for the offence to be taken into consideration);and]

(c) no term of imprisonment was imposed in default of payment, and

(d) no appeal is outstanding and the time provided for the giving of notice of appeal against the award hasexpired, and

(e) the whole or any part of the penalty remains unpaid or unrecovered, and

(f) the person against whom the award was made is a person to whom this section applies,

the Defence Council or an officer authorised by them may make an order (in this section referred toas a “financial penalty enforcement order") for the registration of the penalty by the relevant court.

(2) This section applies to a person who is, or would be but for section 131 above, neither subject toservice law nor a civilian to whom Part II of this Act is applied by section 209 below, Part II of the M55 Air Force Act 1955 is applied by section 209 of that Act or Parts I and II of the M56 Naval Discipline Act 1957 are applied by section 118 of that Act.

(3) In this section “qualifying offence” means

(a) an offence under section 36 above committed outside the United Kingdom and consisting of or includingacts or omissions that would constitute a comparable foreign offence or a local road traffic offence;

(b) an offence under section 70 above;

(c) an offence under any provision of this Act other than section 70 above consisting of or including actsor omissions which would also constitute an offence under section 70 above;

and for the purposes of this definition—

• “comparable foreign offence” means an offence under the civil law of any place outside theUnited Kingdom which is comparable to an offence under the law of England and Wales; and

• “local road traffic offence” means an offence under the civil law of any place outside theUnited Kingdom relating to road traffic.

(4) A financial penalty enforcement order shall contain a certificate issued on behalf of the DefenceCouncil or by an officer authorised by them and stating—

(a) that a financial penalty has been awarded against the person named in the order;

(b) that the conditions specified in paragraphs (b) to (f) of subsection (1) above are satisfied;

(c) the nature and amount of the penalty;

(d) the date on which and the [F297 offence or offences] in respect of which it was awarded;

(e) if it was awarded against the person named in the order as the parent or guardian of some other person,the fact that it was so awarded and the name of that other person;

(f) sufficient particulars of the case (including particulars of any offences taken into consideration atthe trial);

(g) the date of any payment or recovery of a sum on account of the penalty;

(h) the sum outstanding; and

(j) the authority to whom and address to which any stoppages or compensation included in the penalty willfall, on recovery, to be remitted under subsection (7) below.

(5) A document purporting to be a financial penalty enforcement order and to be signed on behalf of theDefence Council or by an officer authorised by them shall be deemed to be such an order unless the contraryis proved, and a certificate under subsection (4) above shall be evidence of the matters stated.

(6) Subject to subsection (7) below, upon registration of a financial penalty enforcement order—

(a) service enforcement procedures shall cease to be available for the recovery of the sum certified asoutstanding, and

(b) that sum shall be treated for all purposes as if it had been a fine imposed upon a conviction by therelevant court.

(7) Stoppages or compensation recovered under this section shall be remitted to the authority at the addressspecified in the certificate under subsection (4) above.

(8) Where it appears from a financial penalty enforcement order that the penalty was imposed in respect ofmore than one offence, it shall be deemed for the purposes of enforcement to be a single penalty only.

(9) Where—

(a) a financial penalty enforcement order has been made against any person, and

(b) he ceases to be a person to whom this section applies at a time when the whole or any part of thecertified sum is still outstanding,

service enforcement procedures shall apply to the amount outstanding as if it were a sum payable byway of a fine imposed by a civil court.

(10) In this section—

• “financial penalty” means—

(a) a fine, including a fine imposed by virtue of paragraph 13 of Schedule 5A below;

(b) stoppages;

(c) a compensation order imposed by virtue of paragraph 11 or 13 of Schedule 5A below; F298

(d)

• F298 “the relevant court” means—

(a) the magistrates’ court in England or Wales,

(b) the sheriff court in Scotland, or

(c) the court of summary jurisdiction in Northern Ireland,

within whose jurisdiction the person against whom a financial penalty enforcement order is made appearsto the Defence Council or an officer authorised by them to reside or to be likely to reside;

• “service enforcement procedures” means any procedure available by virtue of any of thefollowing enactments, namely—

(a) sections 144, 146 and 209(4) and (4A) below and sections 144, 146 and 209(4) and (4A) of the M57 Air Force Act 1955, and

(b) sections 128A and 128B of the M58 Naval Discipline Act 1957; and “stoppages” does not include sums awarded by virtue of section 147 or 148 below.

[F299 (11) Where a fine has been awarded together with stoppages or a compensation order, this section shall haveeffect in relation to the fine and to the stoppages or compensation order as if they were separatepenalties.]]

Textual Amendments

F295 S. 133A inserted by Armed Forces Act 1976 (c. 52), s. 16, Sch. 8 para. 1

F296 S. 133A(1)(b) substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para. 7(2)

F297 Words substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para. 7(3)

F298 Para. (d) in the definition of “financial penalty" and the word “or" immediately preceding it repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(2), Sch. 2

F299 S. 133A(11) inserted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para.7(4)

Marginal Citations

M55 1955 c. 19.

M56 1957 c. 53.

M57 1955c. 19.

M58 1957 c. 53

134 Persons not to be tried under this Act for offences already disposed of. U.K.

(1) Where a person subject to military law—

[F300 (a) has been tried for an offence by a competent civil court, wherever situated, or a court-martial (whetherheld under this Act, the M59 Air Force Act 1955 or the M60 Naval DisciplineAct 1957), or

(aa) has had an offence committed by him taken into consideration when being sentenced by a competent civilcourt in the United Kingdom or any such court-martial as is referred to in the foregoing paragraph; or]

(b) has been charged with an offence under this Act, [F301 the M61 Naval Discipline Act 1957] or the M62 Air Force Act 1955, and has had the charge dismissed, or has been foundguilty on the charge, by his commanding officer or the appropriate superior authority, or

(c) has had an offence condoned by his commanding officer (whether military, naval or air-force),

he shall not be liable in respect of [F302 the same, or substantially the same offence] to be tried by court-martial or to have the casedealt with summarily by his commanding officer or the appropriate superior authority.

(2) For the purposes of this section—

(a) a person shall not be deemed to have been tried by a court-martial if confirmation is withheld of afinding by the court-martial that he is guilty of the offence [F303 or of a finding by the court-martial that he is not guilty of the offence by reasonof insanity];

(b) a person shall not be deemed to have had an offence taken into consideration by a court-martial insentencing him if confirmation of the sentence of the court is withheld or the sentence is quashed [F304 (as well as in a case where the taking into consideration of the offence has beenannulled by the confirming officer or reviewing authority)];

(c) a case shall be deemed to have been dealt with summarily by the commanding officer or appropriatesuperior authority notwithstanding that the finding of that officer or authority has been quashed, or theaward of that officer or authority quashed or varied, on the review thereof;

(d) an offence shall be deemed to have been condoned by the commanding officer of a person alleged to havecommitted the offence if, and only if, that officer or any officer authorised by him to act in relation tothe alleged offence has with knowledge of all relevant circumstances informed him that he will not becharged therewith;

(e) a person ordered under subsection (2) of section fifty-seven of this Act or the corresponding provisionof the M63 Air Force Act 1955, to be imprisoned or to undergo detention for an offenceagainst that section or provision shall be deemed to have been tried by court-martial for the offence.

(3) Where confirmation of a finding of guilty of an offence [F305 or of a finding of not guilty of an offence by reason of insanity] is withheld the accused shall not be tried again by court-martial for that offence unless the orderconvening the later court-martial is issued not later than twenty-eight days after the promulgation of thedecision to withhold confirmation.

(4) Save as provided in the foregoing provisions of this section, proceedings for an offence against thisAct (whether before a commanding officer or appropriate superior authority or before a court-martial) shallnot be barred on the ground of condonation.

Textual Amendments

F300 S. 134(1)(a)(aa) substituted for s. 134(1)(a) by Armed Forces Act 1966 (c. 45), s. 26

F301 Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)

F302 Words in s. 134(1) substituted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1), Sch. 2 para. 5(3); S.I. 1991/2719, art.2

F303 Words added by Criminal Procedure (Insanity) Act 1964 (c. 84), s. 8(3) proviso (c), Sch.2 Pt. I

F304 Words added by Armed Forces Act 1981 (c. 55), s. 5(4)(b)

F305 Words inserted by Criminal Procedure (Insanity) Act 1964 (c. 84), s. 8(3) proviso (c),Sch. 2 Pt. I

Modifications etc. (not altering text)

C57 S. 134 excluded by Courts-Martial (Appeals) Act 1968 (c. 20), s. 19(2)

C58 S. 134(1)(2) extended with modification by Armed Forces Act 1976 (c. 52), Sch. 3 para.16

Marginal Citations

M59 1955 c. 19.

M60 1957 c. 53.

M61 1957 c. 53.

M62 1955 c. 19.

M63 1955 c. 19.

Inquiries U.K.

135 Boards of inquiry. U.K.

(1) Subject to and in accordance with the provisions of rules made under this section (hereinafter referredto as “board of inquiry rules”), [F306 the Defence Council] or any military, naval or air-force officer empowered by or under such rules so to do may convene aboard of inquiry to investigate and report on the facts relating to—

(a) the absence of any person subject to military law;

(b) the capture of any such person by the enemy;

(c) the death of any person in a military establishment, being an establishment in any country or territoryoutside the United Kingdom where an inquiry into the death is not required to be held by any civilauthority;

(d) any other matter of a class specified in such rules or referred to such a board by [F306 the Defence Council] or any such officer as aforesaid;

and a board of inquiry shall, if directed so to do, express their opinion on any question arising outof any matter referred to the board.

[F307 (2) A board of inquiry shall consist of a president, who shall be an officer not below the rank of captainor corresponding rank and be subject to military law, the M64 Naval Discipline Act 1957,or air-force law, and not less than two other members each of whom shall either be a person so subject orto be a person not so subject who is in the service of the Crown.]

(3) Subject to the provisions of this section, board of inquiry rules may make provision with respect tothe convening, constitution and procedure of boards of inquiry and, without prejudice to the generality ofthe foregoing, may make provision with respect to all or any of the following matters, that is tosay:—

(a) the rules of evidence to be observed by boards of inquiry and the taking of evidence before such boards,so however that the rules shall provide for the taking of evidence on oath or affirmation except incircumstances such that if the evidence were being taken at a court-martial an oath could be dispensed with;

(b) without prejudice to the provisions of the next following section, the making in service books ofrecords of findings of boards of inquiry in such cases as may be provided by the rules;

(c) such incidental and supplementary matters as appear requisite for the purposes of the rules.

(4) Board of inquiry rules shall contain provision for securing that any witness or other person [F308 to whom this subsection applies] who may be affected by the findings of a board of inquiry shall have an opportunity of being present,and represented, at the sittings of the board or such part thereof as may be specified by or under therules.

[F309 This subsection, so far as it applies to persons other than witnesses who may beaffected by the findings, applies to persons of the following descriptions only, that is to say—

(a) persons who are subject to military law, air-force law or the M65 Naval Discipline Act1957;

(b) persons who, though not so subject, are in the service of the Crown and may be so affected in characteror professional reputation; and

(c) persons who, though not so subject, are emloyed by the Civil Aviation Authority in or in connection withthe provision by the Authority of air navigation services and may be so affected in character orprofessional reputation.]

(5) Evidence given before a board of inquiry shall not be admissible against any person in proceedingsbefore a court-martial, commanding officer or appropriate superior authority, other than proceedings F310 for an offence against section seventy of this Act where the correspondingcivil offence is perjury.

(6) The power to make board of inquiry rules shall be exercisable by the Secretary of State by statutoryinstrument which shall be laid before Parliament.

Textual Amendments

F306 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F307 S. 135(2) substituted by Army and Air Force Act 1961 (c. 52), s. 26(1)

F308 Words inserted by Armed Forces Act 1981 (c. 55), s. 23(1)

F309 Para. added by Armed Forces Act 1981 (c. 55), s. 23(1)

F310 Words repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

Modifications etc. (not altering text)

C59 S. 135 modified (1.4.1997) by 1996 c. 14, s. 102(1)(a); S.I. 1997/305, art. 2(1)(a)

Marginal Citations

M64 1957 c. 53.

M65 1957 c. 53.

136 Inquiries into absence. U.K.

(1) Where a board of inquiry enquiring into the absence of an officer, warrant officer, non-commissionedofficer or soldier reports that he has been absent without leave or other sufficient cause for a periodspecified in the report, not being less than twenty-one days, a record of the report shall in accordancewith Queen’s Regulations be entered in the service books.

(2) A record entered in pursuance of the last foregoing subsection shall, unless the absentee subsequentlysurrenders or is arrested, or the report of the board of inquiry is annulled by [F311 the Defence Council] or a subsequent board of inquiry, have the like effect as a conviction by court-martial for desertion.

Textual Amendments

F311 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

Modifications etc. (not altering text)

C60 S. 136 modified (1.4.1997) by 1996 c. 14, s. 102(1)(b); S.I. 1997/305, art. 2(1)

137 Regimental inquiries. U.K.

(1) An officer of any of Her Majesty’s military forces authorised in that behalf by or under regulationsof [F312 the Defence Council] may cause an inquiry to be held, in such manner and [F313 by such person or persons as may be specified by or determined under such regulations(being, as the case may be, a person who is subject to military law, the M66 NavalDiscipline Act 1957, or air-force law or, not being so subject, is in the service of the Crown, or personseach of whom is so subject or, not being so subject, is in that service)], into any matter so specified or determined:

Provided that an inquiry shall not be held in pursuance of this section into—

(a) the absence of a person subject to military law, or

(b) the capture of any such person by the enemy.

(2) Regulations of [F312 the Defence Council] made for the purposes of this section may make provision as to the rules of evidence to be observedat inquiries held in pursuance of this section and the taking of evidence at such inquiries, and mayauthorise the taking of evidence on oath or affirmation, and the administration of oaths, in such cases asmay be specified by or under the regulations.

(3) Subsections (4) and (5) of section one hundred and thirty-five of this Act shall apply in relation toinquiries held in pursuance of this section with the substitution of references to regulations of [F312 the Defence Council] for references to board of inquiry rules and of references to an inquiry held in pursuance of thissection for references to a board of inquiry.

Textual Amendments

F312 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F313 Words substituted by Army and Air Force Act 1961 (c. 52), s. 26(2)

Marginal Citations

M66 1957 c. 53.

Miscellaneous provisions U.K.

138 Restitution or compensation for theft, etc. U.K.

(1) The following provisions shall have effect where a person has been convicted by court-martial ofunlawfully obtaining any property, whether by stealing it, [F314 handling it], F315 or otherwise [F316 or where a person has been convicted of any offence by a court-martial and the courthas taken such an offence of unlawfully obtaining property into consideration in sentencing him.].

(2) If any of the property unlawfully obtained has been found in the possession of the offender, it may beordered to be delivered or paid to the person appearing to be the owner thereof.

(3) If there has been found in the possession of the offender any property (other than money) appearing tohave been obtained by him by the conversion or exchange of any of the property unlawfully obtained, theproperty may be ordered to be delivered to the person appearing to be the owner of the property unlawfullyobtained.

(4) Where money is found in the possession of the offender, then whether or not it appears to have beenobtained as aforesaid an order may be made that there shall be paid out of that money to the personappearing to be the owner of the property unlawfully obtained such sum as may be specified in the order asor towards compensation for the loss caused to the said person by the offence, in so far as not otherwisemade good under this Act or by the recovery of the property unlawfully obtained.

(5) Where any of the property unlawfully obtained has been sold or given in pawn to some other person whodid not then know it to have been unlawfully obtained, an order may be made that, subject to the restitutionto the owner thereof of the property sold or given as aforesaid, there shall be paid to the said otherperson, out of any money found in the possession of the offender (whether or not the money appears to beproceeds of the sale or giving in pawn), such sum as may be specified in the order as or towardscompensation for the loss caused to him in consequence of the sale or giving in pawn.

(6) Where any of the property unlawfully obtained has been given in exchange to some other person who didnot then know it to have been unlawfully obtained, an order may be made that, subject to the restitutionto the owner thereof of the property given as aforesaid, there shall be restored to the said other personthe property taken in exchange for the property unlawfully obtained.

(7) An order under this section may be made by the court-martial by whom the offender is convicted, by theconfirming officer, or by any reviewing authority; and in this section the expression “appearing” means appearing to the court, officer or authority making the order.

(8) An order under this section made by a court-martial shall not have effect until confirmed by theconfirming officer; and the provisions of this Part of this Act as to the confirmation and review of theproceedings of courts-martial shall apply to an order under this section as they apply to a sentence.

(9) The operation of any order under this section shall be suspended—

(a) in any case, until the expiration of the period prescribed under [F317 Part II of the M67 Courts-Martial (Appeals) Act 1968], as the period within which an application for leave to appeal to the Courts-Martial Appeal Courtagainst [F318 a relevant conviction] must be lodged; and

(b) if such an application is duly lodged, until either the application is finally refused or is withdrawnor the appeal is determined or abandoned;

and where the operation of such an order as aforesaid is suspended under this section—

(c) it shall not take effect if the conviction is quashed on appeal;

(d) the Courts-Martial Appeal Court may by order annul or vary the order although the conviction is notquashed;

(e) such steps shall be taken for the safe custody, during the period during which the operation of theorder is suspended, of the property ordered to be restored or handed over or the money to which the orderrelates as may be provided by rules of court made under [F317 Part II of the said Act of 1968].

(10) Notwithstanding anything in the last foregoing subsection, an order under this section shall not, sofar as it relates to the delivery of property to the person appearing to be the owner thereof, be suspendedif the court, officer or authority making the order directs to the contrary in any case in which, in theopinion of the court, officer or authority, the title to the property is not in dispute.

(11) An order under this section shall not bar the right of any person, other than the offender or a personclaiming through him, to recover any property delivered or paid in pursuance of such an order from theperson to whom it is delivered or paid.

[F319 (12) In this section “relevant conviction” means—

(a) where an order under this section was made as a result of a conviction of such an offence of unlawfullyobtaining property as is mentioned in subsection (1) above, that conviction; or

(b) where an order under this section was made as a result of such an offence of unlawfully obtainingproperty having been taken into consideration in determining sentence, the conviction or, if more than one,each conviction in respect of which the sentence fell to be determined.]

Textual Amendments

F314 Words substituted by Theft Act 1968 (c. 60), Sch. 2 Pt. II

F315 Words repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

F316 Words added by Armed Forces Act 1976 (c. 52), s. 14, Sch. 7 para. 1(1)

F317 Words substituted by Courts-Martial (Appeals) Act 1968 (c. 20), Sch. 4

F318 Words substituted by Armed Forces Act 1976 (c. 52), s. 14, Sch. 7 para. 1(2)

F319 S. 138(12) added by Armed Forces Act 1976 (c. 52), s. 14, Sch. 7 para. 1(3)

Modifications etc. (not altering text)

C61 S. 138 extended with modifications by Armed Forces Act 1976 (c. 52), Sch. 3 para. 17

C62 S. 138(9) modified by Courts-Martial (Appeals) Act 1968 (c. 20), s. 46(1)

Marginal Citations

M67 1968 c. 20.

139 Appointment of judge advocates. U.K.

Without prejudice to the powers conferred by Her Majesty on the Judge Advocate General, the appointmentof a judge advocate to act at any court-martial may, failing the making thereof by or on behalf of the JudgeAdvocate General, be made by the convening officer.

140 Promulgation. U.K.

Any finding, sentence, determination or other thing required by this Act to be promulgated shall bepromulgated either by being communicated to the accused or in such other manner as may be specified byQueen’s Regulations or as the confirming officer or reviewing authority, as the case may be, may direct.

141 Custody of proceedings of courts-martial and right of accused to a copy thereof. U.K.

(1) The record of the proceedings of a court-martial shall be kept in the custody of the Judge AdvocateGeneral for not less than the prescribed period being a period sufficient to ensure that the rightsconferred by the two next following subsections [F320 and by subsection 141A below] shall be capable of being exercised.

(2) Subject to the provisions of this section, any person tried by a court-martial shall be entitled toobtain from the Judge Advocate General on demand at any time within the relevant period and on paymenttherefor at such rate [F321 as the Judge Advocate General may determine] a copy of the record of the proceedings of the court.

(3) Where a person tried by court-martial dies within the relevant period, his personal representatives orany person who in the opinion of the Judge Advocate General ought to be treated for the purposes of thissubsection as his personal representative shall subject to the provisions of this section be entitled toobtain from the Judge Advocate General on demand at any time within the period of twelve months from thedeath and on payment therefor at [F321 the rate determined under subsection (2) above] a copy of the record of the proceedings of the court.

[F322 (3A) The right of a person or his representatives to obtain a copy of the record under this section does notextend to so much of the record as relates only to a charge of which he was found not guilty.]

(4) If, on an application in pursuance of [F323 this section] for a copy of the record of any proceedings, the Secretary of State certifies that it is requisitefor reasons of security that the proceedings or any part thereof should not be disclosed, the applicantshall not be entitled to a copy of the proceedings or part to which the certificate relates.

(5) In this section the expression “the relevant period”, in relation to any person tried by court-martial, means the periodof five years beginning with the date of his acquittal or, where he was convicted, of the promulgation ofthe findings and sentence or, where a finding of guilty was not confirmed, of the promulgation of thewithholding of confirmation:

Provided that where the proceedings relate to two or more charges and the person tried was acquittedon one or more of the charges and convicted on another or others, the relevant period shall be the periodof five years beginning with the date of the promulgation of the finding or findings of guilty and thesentence thereon or of the withholding of confirmation of that finding or those findings.

(6) Any reference in this section to the record of the proceedings of a court-martial includes a referenceto the record of the proceedings with respect to the confirmation or revision of the findings and sentenceof the court-martial.

Textual Amendments

F320 Words inserted by Armed Forces Act 1981 (c. 55), s. 8(2)

F321 Words substituted by Armed Forces Act 1971 (c. 33), s. 58

F322 S. 141(3A) inserted by Armed Forces Act 1981 (c. 55) s. 7(2)(a)(4) except in relation to a record of proceedings commenced before 1.5.1982

F323 Words substituted by Armed Forces Act 1981 (c. 55), s. 7(2)(b)(4) except in relation to a record of proceedings commenced before 1.5.1982

[F324 141A Right of penalised parent or guardian to copy of record of court-martial proceedings. U.K.

(1) Subject to the provisions of this section, where a court-martial imposes a fine on or makes acompensation order against a parent or guardian under paragraph 13 of Schedule 5A to this Act, the parentor guardian shall be entitled to obtain from the Judge Advocate General on demand at any time within therelevant period and on payment therefor at such rate as the Judge Advocate General may determine a copy ofthe relevant part of the record of the proceedings of the court.

(2) Where the parent or guardian dies within the relevant period, his personal representatives or any personwho in the opinion of the Judge Advocate General ought to be treated for the purposes of this subsectionas his personal representative shall, subject to the provisions of this section, be entitled to obtain fromthe Judge Advocate General on demand at any time within the period of twelve months from the death and onpayment therefor at the rate determined under subsection (1) above a copy of the relevant part of the recordof the proceedings of the court.

(3) In a case where this section applies, any entitlement conferred by subsection (1) or (2) above is inaddition to any entitlement conferred by section 141(2) or (3) of this Act.

(4) If, on an application in pursuance of this section for a copy of the record of any proceedings, theSecretary of State certifies that it is requisite for reasons of security that the proceedings or any partthereof should not be disclosed, the applicant shall not be entitled to a copy of the proceedings or partto which the certificate relates.

(5) In this section “the relevant period” means the period of five years beginning with the date of thepromulgation of the findings and sentence.

(6) In this section “the relevant part of the record” means so much of the record as relates to compliance withthe requirements of the said paragraph 13 or to any matters taken into account by the court in deciding toimpose the fine or make the compensation order.

(7) Subsection (6) of section 141 of this Act applies for the purposes of this section as it applies forthe purposes of that section.]

Textual Amendments

F324 S. 141A inserted by Armed Forces Act 1981 (c. 55), s. 8(1)

142 Indemnity for prison officers, etc. U.K.

No action shall lie in respect of anything done by any person in pursuance of a military sentence ofimprisonment or detention if the doing thereof would have been lawful but for a defect in any warrant orother instrument made for the purposes of that sentence.

Interpretation U.K.

143 Interpretation of Part II. U.K.

(1) In this Part of this Act:—

• “civil prison” means a prison in the United Kingdom in which a person sentenced by a civilcourt to imprisonment can for the time being be confined;

• “convening officer”, in relation to a court-martial, means the officer convening thatcourt-martial and includes his successor or any person for the time being exercising his or his successor’sfunctions;

• “military establishment” means a military prison or any other establishment under thecontrol of the Secretary of State where persons may be required to serve military sentences of imprisonmentor detention;

• “military prison” means separate premises under the control of the Secretary of State andprimarily allocated for persons serving military sentences of imprisonment;

• references to a military sentence of imprisonment are references to a sentence of imprisonment passedby a court-martial;

• references to a military sentence of detention are references to a sentence of detention passed by acourt-martial or awarded by the offender’s commanding officer;

• “prescribed” means prescribed by Rules of Procedure.

(2) References in this Part of this Act to warrant officers do not include references to acting warrantofficers.

(3) References in this Part of this Act to non-commissioned officers include references to actingnon-commissioned officers and also to acting warrant officers.

Part III U.K. Forfeitures and Deductions and Enforcement of Maintenance Liabilities

Modifications etc. (not altering text)

C63 Part III extended by Reserve Forces Act 1980 (c. 9), s. 142

144 Forfeitures and deductions: general provisions. U.K.

(1) No forfeiture of the pay of an officer, warrant officer, non-commissioned officer or soldier of theregular forces shall be imposed unless authorised by this or some other Act, and no deduction from such payshall be made unless so authorised or authorised by Royal Warrant.

(2) A Royal Warrant shall not authorise the making of any penal deduction, that is to say a deduction tobe made by reason of the commission of any offence or other wrongful act or in consequence of anynegligence.

(3) The foregoing provisions of this section shall not prevent the making, by Royal Warrant or by anyregulation, order or instruction of [F325 the Defence Council], of provision for the imposition of any forfeiture authorised by Act or the making of any deductionso authorised, or for the time at which and manner in which sums may be deducted from pay to give effectto authorised deductions or in which amounts may be so deducted in order to recover any fine imposed inpursuance of this Act, or as to the appropriation of any such sum or amount when deducted, or of provisionfor the determination of questions relating to forfeitures or deductions.

(4) Subsection (2) of this section shall not prevent the making by Royal Warrant of provision for thededuction from a person’s pay as an officer, warrant officer, non-commissioned officer or soldier of theregular forces of any sum which has become recoverable from him (whether by deduction from pay or otherwise)under the enactments relating to any of the reserve or auxiliary forces.

(5) Notwithstanding any deduction from the pay of an officer, warrant officer, non-commissioned officer orsoldier of the regular forces he shall (subject to any forfeiture) remain in receipt of pay at not less thansuch a minimum rate as may be prescribed by order of [F325 the Defence Council].

(6) Notwithstanding that forfeiture of a person’s pay for any period has been ordered in pursuance of thisAct, he may remain in receipt of pay at such minimum rate as aforesaid; but the amount received for thatperiod may be recovered from him by deduction from pay.

(7) Any amount authorised to be deducted from the pay of an officer, warrant officer, non-commissionedofficer or soldier of the regular forces may be deducted from any balance (whether or not representing pay)which may be due to him, and references in this Act to the making of deductions from pay shall be construedaccordingly F326

Textual Amendments

F325 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F326 Words repealed by Armed Forces Act 1966 (c. 45), Sch. 5

145 Forfeiture of pay for absence from duty. U.K.

(1) The pay of an officer, warrant officer, non-commissioned officer or soldier of the regular forces maybe forfeited:—

(a) for any day of absence in such circumstances as to constitute an offence under section thirty-seven orthirty-eight of this Act or, if [F327 the Defence Council] or an officer authorised by them so direct, of other absence without leave;

(b) for any day of imprisonment [F328 or detention] awarded under this Act, [F329 the M68 Naval Discipline Act 1957] or the M69 Air Force Act 1955, by a court-martial or commanding officer, or ofimprisonment, F330 . . ., detention in a [F331 youth custody centre] or detention of any other description to which he is liable in consequence of

[F332 (i) an order or sentence of a civil court;

(ii) a revocation of a licence under section 62 of the Criminal Justice Act 1967; or

(iii) an order of recall under section 23 of the Prison Act (Northern Ireland) 1953.]

(c) where he is found guilty (whether by court-martial, the appropriate superior authority or his commandingofficer) of an offence under this Act, [F329 the M70 Naval Discipline Act 1957] or the M71 Air Force Act 1955 for any day (whether before or after he is found guilty)on which he is in hospital on account of sickness or injury certified by the proper medical officer to havebeen occasioned by the offence.

(2) The pay of an officer, warrant officer, non-commissioned officer or soldier of the regular forces maybe forfeited for any day of absence by reason of his having been made a prisoner of war if [F327 the Defence Council] or an officer authorised by them are satisfied—

(a) that he was made a prisoner of war through F333 wilful neglect of his duty; or

(b) that having been made a prisoner of war he failed to take any reasonable steps available to him torejoin Her Majesty’s service; or

(c) that having been made a prisoner of war he served with or aided the enemy in the prosecution ofhostilities or measures calculated to influence morale or in any other manner whatsoever not authorised byinternational usage,

and nothing in paragraph (a) of the last foregoing subsection shall apply to absence by reason ofhaving been made a prisoner of war.

(3) Regulations or orders of [F327 the Defence Council] may make provision as to the computation of time for the purposes of this section and in particularas to the counting or disregarding of parts of days.

Textual Amendments

F327 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F328 Words substituted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 1(7)

F329 Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)

F330 Words in s. 145(1)(b) repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1)(2), Sch. 2 para. 11(2)(a), Sch.3; S.I. 1991/2719, art. 2,Sch.

F331 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para.6

F332 Words in s. 145(1)(b) substituted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1), Sch. 2 para. 11(2)(b); S.I. 1991/2719, art. 2

F333 Words repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

Modifications etc. (not altering text)

C64 Certain functions of Ministry of Home Affairs for Northern Ireland now exercisable byDepartment of Finance for Northern Ireland: S.R. & O.(N.I.) 1973/504, art. 5(d)

Marginal Citations

M68 1957 c. 53.

M69 1955 c. 19.

M70 1957 c. 53.

M71 1955 c. 19.

[F334 146

Where a person sentenced or ordered by a civil court (whether within or without Her Majesty’s dominions)to pay a sum by way of fine, penalty, damages, compensation or costs in consequence of being charged beforethe court with an offence is at the time of the sentence or order, or subsequently becomes, a member of theregular forces, then if the whole or any part of that sum is met by a payment made by or on behalf of anymilitary authority, the amount of the payment may be deducted from his pay.]

Textual Amendments

F334 S. 146 substituted by Army and Air Force Act 1961 (c. 52), s. 27(1)

147 Compensation for loss occasioned by wrongful act or negligence. U.K.

(1) Without prejudice to the provisions of this Act as to the imposition of stoppages as a punishment, thefollowing provisions shall have effect where, after such investigation as may be prescribed by regulationsof [F335 the Defence Council], it appears to [F335 the Defence Council] or an officer authorised by them that any loss of, or damage to, public or service property has beenoccasioned by any wrongful act or negligence of an officer, warrant officer, non-commissioned officer orsoldier of the regular forces (hereinafter referred to as “the person responsible”).

(2) [F335 The Defence Council] or authorised officer, as the case may be, may order the person responsible [F336 (whether or not he is a member of the regular forces at the time when the order ismade)] to pay, as or towards compensation for the loss or damage, such sum as may be specified in the order;and any such sum, in so far as not otherwise paid by the person responsible, may be deducted from his pay.

(3) No order shall be made under the last foregoing subsection if, in proceedings (whether under this Act, [F337 the M72 Naval Discipline Act 1957] or the M73 Air Force Act 1955) before a court-martial, the appropriate superiorauthority or the commanding officer of the person responsible, that person—

(a) has been acquitted in circumstances involving a finding that he was not guilty of the wrongful act ornegligence in question, or

(b) has been awarded stoppages in respect of the same loss or damage;

but save as aforesaid, the fact that any such proceedings have been brought in respect of the wrongfulact or negligence in question shall not prevent the making of an order or deductions under the lastforegoing subsection.

Textual Amendments

F335 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F336 Words inserted by Army and Air Force Act 1961 (c. 52), s. 28(1)

F337 Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)

Marginal Citations

M72 1957 c. 53.

M73 1955 c. 19.

148 Deductions for barrack damage. U.K.

(1) Where damage occurs to any premises in which one or more units of the regular forces or parts of suchunits are quartered or billeted, or any fixtures, furniture or effects in or belonging to such premises aredamaged or lost, then if it appears, on investigation in accordance with the provisions of Queen’sRegulations, that the damage or loss was occasioned by the wrongful act or negligence of persons belongingto any of the units or parts of units in occupation of the premises and was so occasioned at a time whenthey were in occupation thereof, but that the said persons cannot be identified, any person belonging toany of the said units or parts of units may be required to contribute towards compensation for the damageor loss such amount as may in accordance with Queen’s Regulations be determined to be just, and the amountmay be deducted from his pay.

(2) The last foregoing subsection shall extend to ships, trains and aircraft in which units or parts ofunits of the regular forces are being transported, and references to premises, quartering and occupationshall be construed accordingly.

Modifications etc. (not altering text)

C65 S. 148(2) extended by S.I. 1972/971, art. 4, Sch. 1

149 Remission of forfeitures and deductions. U.K.

Any forfeiture or deduction imposed under the four last foregoing sections or under Royal Warrant maybe remitted by [F338 the Defence Council] or in such manner and by such authority as may be provided by Royal Warrant.

Textual Amendments

F338 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

150 Enforcement of maintenance and affiliation orders by deduction from pay. U.K.

(1) Where any court in the United Kingdom has made an order against any person (hereinafter referred to as “the defendant”) for the payment of any periodical or other sum specified in the order foror in respect of—

(a) the maintenance of his wife F339 . . . F340 ; or

[F341 (aa) the maintenance of any child of his or his wife or of any other child who has been treated by them both as a child of their family; or]

(b) any costs incurred in obtaining the order; or

(c) any costs incurred in proceedings on appeal against, or for the variation, revocation or revival of,any such order,

(d)

F342 and the defendant is an officer, warrant officer, non-commissioned officer or soldier of the regularforces, then (whether or not he was a member of those forces when the said order was made) [F343 the Defence Council] or an officer authorised by them may order such sum to be deducted from the pay of the defendant andappropriated in or towards satisfaction of the payment due under the order of the court as [F343 the Defence Council] or officer think fit.

[F344 (1A) Without prejudice to any enactment or rule of law relating to adoption or legitimation, in subsection (1)(aa) above any reference to a child of the defendant or his wife shall be construed without regard to whether or not the father and mother of the child have or had been married to each other at any time.]

(2) Where to the knowledge of the court making any such order as aforesaid, or an order varying, revokingor reviving any such order, the defendant is an officer, warrant officer, non-commissioned officer orsoldier of the regular forces the court shall send a copy of the order to [F343 the Defence Council] or an officer authorised by them.

(3) Where such an order as is mentioned in subsection (1) of this section has been made by a court in HerMajesty’s dominions outside the United Kingdom, and [F343 the Defence Council] or an officer authorised by them are satisfied that the defendant has had a reasonable opportunityof appearing in person, or has appeared by a duly authorised legal representative, to defend the casebefore the court by which the order was made, [F343 the Defence Council] or officer shall have the like power under subsection (1) of this section as if the order had beenmade by such a court as is mentioned in that subsection:

Provided that this subsection shall not apply to [F345 an order adjudging a man to be the father of an illegitimate child, and ordering himto pay a sum of money for or in respect of the maintenance of that child or any order varying or revivingsuch an order, or any order] for the payment of costs incurred in obtaining such an order or in proceedings on appeal against, orfor the variation, revocation or revival of, such an order.

(4) [F343 The Defence Council] or an officer authorised by them may by order vary or revoke any order previously made under thissection, and may treat any order made under this section as being in suspense at any time while the personagainst whom the order was made is absent as mentioned in paragraph (a) of subsection (1) of section one hundred and forty-five of this Act.

(5) In this section—

references to an order made by a court in the United Kingdom include references to an order registeredin or confirmed by such a court under the provisions of the M74 Maintenance Orders(Facilities for Enforcement) Act 1920 [F346 and to an order registered in such a court under Part I of the M75 Maintenance Orders (Reciprocal Enforcement) Act 1972][F347 or Part I of the Civil Jurisdiction and Judgements Act 1982];

references to a wife F348 . . . include, in relation to an order made in proceedings in connection withthe dissolution or annulment of a marriage, references to a person who would have been the wife F348 . . .of the defendant if the marriage had subsisted;

F349 . . .

Textual Amendments

F339 Words in s. 150(1) repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 14(2)(6), 26(2), Sch. 3; S.I. 1991/2719, art. 2, Sch

F340 Words repealed by Army and Air Force Act 1961 (c. 52), s. 29(2)(a)

F341 S. 150(aa) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 14(2)(6); S.I. 1991/2719, art.2 (with art. 3(1))

F342 S. 150(1)(d) repealed by Armed Forces Act 1971 (c. 33), s. 78(5), Sch. 4 Pt. II

F343 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F344 S. 150(1A) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 14(3); S.I. 1991/2719, art. 2 (with art. 3(1))

F345 Words substituted by Army and Air Force Act 1961 (c. 52), s. 29(2)(a)

F346 Words inserted by Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18), Sch.para. 2

F347 Words inserted by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), ss. 15(4),23(2), 36(6), Sch. 12 Pt. I para. 1

F348 Words in s. 150(5) repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 14(4)(6), 26(2), Sch.3; S.I. 1991/2719, art. 2,Sch. (with art. 3(1))

F349 Paragraph in s. 150(5) repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 14(4)(6), 26(2), Sch. 3; S.I. 1991/2719, art. 2,Sch. (with art. 3(1))

Modifications etc. (not altering text)

C66 Reference to an Act or enactment of the Parliament of Northern Ireland to be construedas including a reference to a Measure of the Northern Ireland Assembly: Northern Ireland Constitution Act1973 (c. 36), Sch. 5 para. 1.

Marginal Citations

M74 1920 c. 33.

M75 1972 c.18.

[150A F350 Enforcement of maintenance assessment by deductions from pay. U.K.

(1) Subsection (2) applies where any officer, warrant officer, non-commissioned officer or soldier of the regular forces (“the liable person") is required to make periodical payments in respect of any child in accordance with a maintenance assessment made under the Child Support Act 1991.

(2) The Defence Council or an officer authorised by them may order such sum to be deducted from the pay of the liable person and appropriated in or towards satisfaction of any obligation of his—

(a) to make periodical payments in accordance with the maintenance assessment; or

(b) to pay interest (by virtue of regulations made under section 41(3) of the Act of 1991) with respect to arrears of child support maintenance payable in accordance with the assessment,

as they, or the authorised officer, thinks fit.

(3) Where a child support officer—

(a) makes or cancels a maintenance assessment or a fresh maintenance assessment; and

(b) has reason to believe that the person against whom the assessment is, or was, made is an officer, warrant officer, non-commissioned officer or soldier of the regular forces,

the Secretary of State shall inform the Defence Council or an officer authorised by them of the terms of the assessment or (as the case may be) that it has been cancelled.

(4) This section applies whether or not the liable person was a member of the regular forces when the maintenance assessment was made.]

Textual Amendments

F350 S. 150A inserted (12.4.1993) by S.I. 1993/785, art. 2(1)

[150AA F351 Enforcement of maintenance assessment by deductions from pay. N.I.

(1) Subsection (2) applies where any officer, warrant officer, non-commissioned officer or soldier of the regular forces (“the liable person") is required to make periodical payments in respect of any child in accordance with a maintenance assessment made under the Child Support (Northern Ireland) Order 1991.

(2) The Defence Council or an officer authorised by them may order such sum to be deducted from the pay of the liable person and appropriated in or towards satisfaction of any obligation of his—

(a) to make periodical payments in accordance with the maintenance assessment; or

(b) to pay interest (by virtue of regulations made under Article 38(3) of the Order of 1991) with respect to arrears of child support maintenance payable in accordance with the assessment,

as they, or the authorised officer, thinks fit.

(3) Where a child support officer—

(a) makes or cancels a maintenance assessment or a fresh maintenance assessment; and

(b) has reason to believe that the person against whom the assessment is, or was, made is an officer, warrant officer, non-commissioned officer or soldier of the regular forces,

the Department of Health and Social Services for Northern Ireland shall inform the Defence Council or an officer authorised by them of the terms of the assessment or (as the case may be) that it has been cancelled.

(4) This section applies whether or not the liable person was a member of the regular forces when the maintenance assessment was made.]

Textual Amendments

F351 S. 150AA inserted (N.I.)(12.4.1993) by S.R. 1993/157, art. 2(2)

151 Deductions from pay for maintenance of wife or child. U.K.

(1) Where [F352 the Defence Council] or an officer authorised by them are satisfied that an officer, warrant officer, non-commissioned officer or soldier of the regular forces is neglecting, without reasonable cause, to maintain his wife or any child of his under the age of [F353 seventeen][F354 or that such a child of his is in care][F352 the Defence Council] or officer may order such sum to be deducted from his pay and appropriated towards the maintenance of his wife or child as the Army Council or officer think fit.

[F355 (1A) A child is in care for the purposes of this section at any time when by virtue of any enactment (including an enactment of the Parliament of Northern Ireland or a Measure of the Northern IrelandAssembly)—

(a) he is [F356 being looked after by a local authority in England or Wales (within the meaning of the Children Act 1989)]; or

(b) he is subject to a supervision requirement to which Part VI of the M76 Social Work (Scotland) Act 1968 applies; or

[F357 (c) he is being looked after by an authority (within the meaning of the Children (Northern Ireland) Order 1995).]]

(2) On an application made to [F352 the Defence Council] or an officer authorised by them for an order under [F358 subsection (1) of this section][F352 the Defence Council] or officer, if satisfied that a prima facie case has been made out for the making of such an order, may make an interim order for such deduction and appropriation as is mentioned in [F359 subsection (1) of this section] to take effect pending the further examination of the case.

(3) Where an order is in force under subsection (1) or subsection (3) of the last foregoing section for themaking of deductions in favour of any person from the pay of an officer, warrant officer, non-commissioned officer or soldier of the regular forces, no deductions from his pay in favour of the same person shall be ordered under the foregoing provisions of this section unless the officer, warrant officer, non-commissioned officer or soldier is in a place where process cannot be served on him in connection with proceedings for the variation of the order of the court in consequence of which the order under the last foregoing sectionwas made.

[F360 (3A) Where an order is in force under section 150A of this Act for deductions to be made from the pay of any member of the regular forces with respect to the maintenance of a child of his, no order may be made under this section for the deductions of any sums from the pay of that person with respect to the maintenance of that child.]

[F361 (3AA) Where an order is in force under section 150AA of this Act for deductions to be made from the pay of any member of the regular forces with respect to the maintenance of a child of his, no order may be made under this section for the deductions of any sums from the pay of that person with respect to the maintenance of that child.]

(4) [F352 The Defence Council] or an officer authorised by them may by order vary or revoke any order previously made under this section, and may treat any order made under this section as being in suspense at any time while the person against whom the order was made is absent as mentioned in paragraph (a) of subsection (1) of section one hundred and forty-five of this Act.

(5) The power to make an order under this section for the deduction of any sum and its appropriation towards the maintenance of a child shall include power—

(a) subject to the provisions of subsection (3) of this section, to make such an order after the child has attained the age of [F353 seventeen], if an order in favour of the child is in force under subsection (1) or subsection (3) of the lastforegoing section; or

(b) to make such an order after the child has attained the age of [F353 seventeen] if—

(i) such an order of the court as is mentioned in subsection (1) of the last foregoing section was in force in favour of the child at the time when the child attained that age, and

(ii) the person from whose pay the deductions are ordered is in such a place as is mentioned in subsection(3) of this section, and

(iii) the child is for the time being engaged in a course of education or training; or

(c) to continue such an order from time to time after the child has attained the age of [F353 seventeen], if the child is for the time being engaged in a course of education or training;

but no order so made or continued shall remain in force after the child attains the age of twenty-one or shall, unless continued under paragraph (c) of this subsection, remain in force for more than two years.

[F362 (6) Without prejudice to any enactment or rule of law relating to adoption or legitimation, references in this section to a child of any person shall be construed without regard to whether the father and mother of the child have or had been married to each other at any time.]

Textual Amendments

F352 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F353 Words substituted by Armed Forces Act 1976 (c. 52), s. 18(1)

F354 Words inserted by Armed Forces Act 1976 (c. 52), s. 18(2)

F355 S. 151(1A) added by Armed Forces Act 1976 (c. 52), s. 18(3)

F356 Words in s. 151(1A) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(4), Sch. 12 para. 7; S.I. 1991/828, art. 3(2)

F357 S. 151(1A)(c) substituted (4.11.1996) by S.I. 1995/756, art. 3; S.R. 1996/297, art. 3

F358 Words substituted by Armed Forces Act 1981 (c. 55), Sch. 2 para. 8

F359 Words substituted by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 11, Sch. 2 para. 8

F360 S. 151(3A) inserted (E.W.S.) (12.4.1993) by S.I. 1993/785, art. 2(2)

F361 S. 151(3AA) inserted (N.I.) (12.4.1993) by S.R. 1993/157, art. 2(3)

F362 S. 151(6) added (retrospectively) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 14(5)(6); S.I. 1991/2719, art. 2 (with art. 3(1))

Marginal Citations

M76 1968 c. 49.

[F363 151A Deductions from pay in respect of judgment debts etc. U.K.

(1) Where by any judgment or order enforceable by a court in the United Kingdom any sum is required to bepaid by a person who is a member of the regular forces, the Defence Council or an officer authorised by themmay, whether or not that person was a member of the regular forces at the time when the judgment or orderwas given or made, order such amount or amounts as the Council or officer think fit to be deducted from thepay of that person, and appropriated in or towards satisfaction of that sum:

Provided that this subsection shall not apply to any such sum as is mentioned in section 146 of thisAct, to any sum in respect of which deductions may be ordered under section 150 of this Act, or to any sumin respect of which deductions may be made by virtue of section 32(2)(b) of the M77 Courts-Martial (Appeals) Act 1968.

(2) The Defence Council or an officer authorised by them may by order vary or revoke any order previouslymade under this section, and may treat any order made under this section as being in suspense at any timewhile the person against whom the order was made is absent as mentioned in section 145(1)(a) of this Act.]

Textual Amendments

F363 S. 151A inserted by Armed Forces Act 1971 (c. 33), ss. 59(1), 78(5)

Marginal Citations

M77 1968 c.20.

152 Limit of deductions under ss. 150 and 151 and effect on forfeiture. U.K.

[F364 (1) The sums deducted from a person’s pay under sections 150 [F365 ,150A][F366 ,150AA], 151 and 151A above shall not together exceedsuch proportion of his pay as the Defence Council may determine.]

(2) Where any deductions have been ordered [F367 under section 150 [F365 ,150A][, 150AA], 151 or 151A above] from a person’s pay and (whether before or after the deductions have been ordered) he incurs aforfeiture of pay F368 in consequence of the finding or sentence of a court-martial or the finding oraward of the appropriate superior authority or his commanding officer, it shall apply only to so much ofhis pay as remains after the deductions have been made.

(3)F369

Textual Amendments

F364 S. 152(1) substituted by Armed Forces Act 1971 (c. 33), ss. 59(2), 78(5)

F365 Words in s. 152 inserted (G.B.)(12.4.1993) by S.I. 1993/785, art. 2(3)

F366 Words in s. 152 inserted (N.I.)(12.4.1993) by S.R. 1993/157, art. 2(4)

F367 Words substituted by Armed Forces Act 1971 (c. 33), ss. 59(2), 78(5)

F368 Words repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

F369 Ss. 120(8), 152(3), and 153(2) repealed by Armed Forces Act 1971 (c. 33), Sch. 4 Pt. II

153 Service of process in maintenance proceedings. U.K.

(1) Any process to be served on an officer, warrant officer, non-commissioned officer or soldier of theregular forces (hereinafter referred to as “the defendant") in connection with proceedings for any suchorder of a court in the United Kingdom as is mentioned in subsection (1) of section one hundred and fiftyof this Act, or for the variation, revocation or revival of such an order, shall be deemed to be duly servedon him if served [F370 on] his commanding officer, and may, without prejudice to any other method of service, be so served byregistered post.

(2)

F371 (3) Where any such process as is mentioned in subsection (1) of this section is served in the United Kingdomand the defendant will be required to appear in person at the hearing, [F372 the service of the process shall be of no effect] if his commanding officer certifies to the court by which the process was issued that the defendantis under orders for active service out of the United Kingdom and that in the commanding officer’s opinionit would not be possible for the defendant to attend the hearing and return in time to embark for thatservice, F373 .

[F374 (3A) Where any such process as is mentioned in subsection (1) of this section is to be served in the UnitedKingdom or elsewhere and the defendant will be required to appear in person at the hearing, the service ofthe process shall be of no effect if his commanding officer certifies to the court by which the process wasissued that the defendant is absent without leave or has deserted and remains in desertion.]

[F375 (4) Nothing in this section shall be construed as enabling process to be served in connection withproceedings in a court of summary jurisdiction unless the defendant is within the United Kingdom.]

Textual Amendments

F370 Word substituted by Armed Forces Act 1981 (c. 55), s. 18(2)(a)

F371 Ss. 120(8), 152(3), and 153(2) repealed by Armed Forces Act 1971 (c. 33), Sch. 4 Pt. II

F372 Words substituted by Armed Forces Act 1981 (c. 55), s. 18(2)(b)

F373 Words repealed by Armed Forces Act 1981 (c. 55), Sch. 5 Pt. II

F374 S. 153(3A) inserted by Armed Forces Act 1981 (c. 55), s. 18(2)(c)

F375 S. 153(4) added by Armed Forces Act 1971 (c. 33), s. 62(1)(b)

Part IV U.K. Billeting and Requisitioning of Vehicles

Modifications etc. (not altering text)

C67 Pt. IV extended by Reserve Forces Act 1980 (c. 9), s. 142

Billeting U.K.

154 Billeting requisitions. U.K.

At any time when this section is in operation any general or field officer commanding any part of theregular forces in the United Kingdom may issue a billeting requisition requiring the chief officer of policefor any area in the United Kingdom specified in the requisition to provide billets at such places in thatarea, for such numbers of members of Her Majesty’s forces and, if the requisition so provides, for suchnumber of vehicles in use for the purpose of Her Majesty’s forces, being vehicles of any class specifiedin the requisition, as may be so specified.

Modifications etc. (not altering text)

C68 S. 154 extended by Armed Forces Act 1971 (c. 33), s. 67(1)(2)

155 Premises in which billets may be provided. U.K.

(1) Billets, other than for vehicles, may be provided in pursuance of a billeting requisition—

(a) in any inn or hotel (whether licensed or not) or in any other premises occupied for the purposes of abusiness consisting of or including the provision of sleeping accommodation for reward;

(b) in any building not falling within the last foregoing paragraph, being a building to which the publichabitually have access, whether on payment or otherwise, or which is wholly or partly provided or maintainedout of rates;

(c) in any dwelling, outhouse, warehouse, barn or stables; but not in any other premises.

(2) Billets for vehicles may be provided as aforesaid in any building or on any land.

156 Provision of billets. U.K.

(1) Where a billeting requisition has been produced to the chief officer of police for the area specifiedin the requisition he shall, on the demand of the officer commanding any portion of the regular forces, oron the demand of an officer or soldier authorised in writing by such an officer commanding, billet on theoccupiers of premises falling within the last foregoing section, being premises at such place in that areaas may be specified by the officer or soldier by whom the demand is made, such number of persons or vehiclesas may be required by the officer or soldier by whom the demand is made, not exceeding the number specifiedin the requisition.

(2) Without prejudice to the provisions of the next following section, a chief officer of police shallexercise his functions under this section in such manner as in his opinion will cause least hardship topersons on whom billeting may take place.

(3) A chief officer of police may to such extent and subject to such restrictions as he thinks properauthorise any constable, or constables of any class, to exercise his said functions on his behalf, and theforegoing provisions of this section shall apply accordingly.

157 Billeting schemes. U.K.

(1) A local authority may make a scheme for the provision of billets in their area in pursuance of billetingrequisitions; and where such a scheme is in force the chief officer of police shall so far as the schemeextends exercise his functions under the last foregoing section in accordance with the scheme.

(2) Any scheme under this section may be revoked by the local authority by whom it was made, or may bevaried by that authority by a subsequent scheme under this section.

(3) Where a local authority make a scheme under this section they shall furnish the chief officer of policefor the area to which the scheme relates with a copy of the scheme.

(4) A scheme under this section shall not come into force until approved by the Minister of Housing andLocal Government; and that Minister may require the local authority to revoke any scheme in force under thissection and in substitution therefor to submit for his approval a further scheme under this section.

Modifications etc. (not altering text)

C69 Functions of Minister of Housing and Local Government now exercisable by Secretary ofState: S.I. 1970/1681, art. 2(1)

158 Accommodation to be provided and payment therefor. U.K.

(1) Where persons are billeted in pursuance of a billeting requisition the occupier of the premises on whichthey are billeted shall furnish such accommodation (including meals) as the officer or soldier demandingthe billets may require, not exceeding such accommodation as may be prescribed by regulations of [F376 the Defence Council] made with the consent of the Treasury.

(2) Where vehicles are billeted as aforesaid, the occupier of the premises shall furnish standing room forthe vehicles.

(3) Where persons or vehicles have been billeted in pursuance of a billeting requisition they may continueto be billeted, so long as section one hundred and fifty-four of this Act continues in operation, for suchperiod as may be required, and the allotment of billets among the persons or vehicles in question may bevaried from time to time.

(4) The occupier on whose premises any person or vehicle is billeted as aforesaid shall be entitled toreceive for the billeting such payment as may be prescribed by regulations of [F376 the Defence Council] made with the consent of the Treasury:

Provided that no payment shall be required in respect of vehicles billeted otherwise than in abuilding unless the land on which they are billeted—

(a) has its surface made up for the passage or parking of vehicles, and

(b) is not land where vehicles are normally allowed to stand free of charge irrespective of the person bywhom they are owned or driven.

(5) Subject to the provisions of the next following subsection payment for billeting—

(a) shall be made before the persons billeted finally leave, or the vehicles are finally removed from, thepremises where they are billeted; and

(b) where the billeting continues for more than seven days, shall be made at least once in every seven days.

(6) If for any reason payment for billeting cannot be made, or fully made, as required by paragraph (a) ofthe last foregoing subsection, there shall be made up with the occupier an account, in such form as may beprescribed by [F376 the Defence Council], of the amount due to him; and—

(a) on presentation of the account the local authority for the area in which the premises are situated shallpay to the occupier the amount stated in the account to be due,

(b) any sums paid by a local authority under the last foregoing paragraph shall be recoverable by them from [F376 the Defence Council].

(7) In relation to premises of which there is no occupier the foregoing provisions of this section shallapply as if the person entitled to possession thereof were the occupier thereof.

Textual Amendments

F376 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

159 Appeals against billeting. U.K.

(1) Any person who—

(a) is aggrieved by having an undue number of persons billeted upon him in pursuance of a billetingrequisition, or

(b) claims that by reason of special circumstances he should be exempted from having persons so billetedon him, either generally or on a particular occasion,

may apply to a person or persons appointed on behalf of the local authority in accordance witharrangements made by the Minister of Housing and Local Government.

(2) On any application on the grounds mentioned in paragraph (a) of the last foregoing subsection the personor persons to whom the application is made may direct the billeting elsewhere of such number of the personsbilleted as may seem just or may dismiss the application.

(3) On any application on the grounds mentioned in paragraph (b) of subsection (1) of this section theperson or persons to whom the application is made may grant such exemption as may seem just or may dismissthe application.

(4) An application under this section shall not affect billeting pending the determination of theapplication.

Modifications etc. (not altering text)

C70 Functions of Minister of Housing and Local Government now exercisable by Secretary ofState: S.I. 1970/1681, art. 2(1)

160 Compensation for damage. U.K.

(1) Where any damage is caused to any premises by the billeting of persons or vehicles in pursuance of abilleting requisition, the occupier of the premises, or if there is no occupier the person entitled topossession thereof, may recover from [F377 the Defence Council] compensation of an amount equal to the depreciation caused by the damage in the value of the premises.

(2) Where any person other than the recipient of compensation under the last foregoing subsection has anyinterest in the premises, being an interest the value of which is depreciated by the damage, he shall beentitled to recover from the recipient such part of the compensation as may be just.

(3) A county court shall have jurisdiction to deal with any claim arising under subsection (1) or (2) ofthis section irrespective of the amount of the claim.

Textual Amendments

F377 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

161 Refusal to receive persons billeted, etc. U.K.

Any person who—

(a) refuses to receive any person billeted upon him in pursuance of a billeting requisition or withoutreasonable excuse fails to furnish him with the accommodation properly required for him, or

(b) gives or agrees to give to any person billeted upon him in pursuance of a billeting requisition anymoney or reward in lieu of receiving any person or vehicle or of furnishing accommodation properly requiredfor him, or

(c) obstructs the billeting in his building or on his land of any vehicle,

shall be liable on summary conviction to a fine not exceeding [F378 level 3 on the standard scale], or to imprisonment for a term not exceeding three months, or to both such a fine and suchimprisonment.

Textual Amendments

F378 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss.38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) S.I.1984/703 (N.I.3), arts. 5, 6

162 Application to civilians employed with the forces. U.K.

In relation to persons employed with any body of the regular forces and not entitled under the foregoingprovisions of this Part of this Act to be billeted, being persons of such descriptions as may be prescribedby regulations of [F379 the Defence Council], those provisions shall apply as they apply in relation to members of Her Majesty’s forces.

Textual Amendments

F379 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

163 Local authority. U.K.

For the purposes of this Part of this Act the local authority shall be the council of a F380 district or F380 borough or the Common Council of the City of London.

Textual Amendments

F380 Words repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XII

164 Suspension of laws against billeting. U.K.

While section one hundred and fifty-four of this Act is in operation, so much of any law as prohibits,restricts or regulates quartering or billeting on any inhabitant of the United Kingdom shall not apply tosuch billeting in pursuance of a billeting requisition.

Requisitioning of vehicles U.K.

165 Requisitioning orders. U.K.

(1) At any time when this section is in operation any general or field officer commanding any part of theregular forces in the United Kingdom may issue a requisitioning order authorising the requisitioning, fromamong vehicles in any area in the United Kingdom specified in the order, of such vehicles, or such numberof vehicles of such description, as may be specified in the order.

(2) The purposes for which an order under this section may authorise vehicles to be requisitioned shall besuch purposes for meeting the needs of any of Her Majesty’s forces as may be specified in the order.

Modifications etc. (not altering text)

C71 S. 165 extended by Armed Forces Act 1971 (c. 33), s. 67(1)(2)

166 Provision of vehicles. U.K.

(1) A requisitioning order may be issued to the officer commanding any portion of the regular forces, andthat officer, or any officer or soldier authorised by him in writing, may give directions for theprovision—

(a) in so far as the requisitioning order authorises the requisitioning of particular vehicles, of all orany of those vehicles,

(b) in so far as the order authorises the requisitioning of vehicles of a specified description, of thenumber of vehicles of that description specified in the order or any lesser number of such vehicles.

(2) A direction under the last foregoing subsection given as respects any vehicle shall be either—

(a) a direction given to the person having possession thereof to furnish it immediately at the place whereit is, or

(b) a direction given to the said person to furnish it at such place within one hundred miles from thepremises of the said person and at such time as may be specified by the officer or soldier by whom thedirection is given:

Provided that no direction shall be given under paragraph (b) of this subsection as respects a vehiclewhich is neither mechanically propelled nor a trailer normally drawn by a mechanically-propelled vehicle.

(3) If the officer to whom the requisitioning order was issued, or any officer or soldier authorised by himin writing, is satisfied that the said person has refused or neglected to furnish a vehicle in accordancewith a direction under any of the provisions of the last foregoing subsection, or has reasonable ground forbelieving that it is not practicable without undue delay to give a direction to the said person, he maytake, or authorise any officer or soldier to take, possession of the vehicle; and where possession is takenof a vehicle in pursuance of this subsection this Part of this Act shall with the necessary modificationsapply as if the vehicle had been furnished by the person having possession of the vehicle in accordance witha direction to furnish it immediately at the place where it is, and, in particular, payment shall be madetherefor as if it had been so furnished.

(4) The chief officer of police for any area specified in a requisitioning order shall, on a request to thateffect made by or on behalf of the officer to whom the order is issued, give instructions for securing thatso far as practicable constables will be available, if required, for accompanying officers or soldiersrequisitioning vehicles in pursuance of the order.

167 Period for which vehicles to be furnished. U.K.

(1) Subject to the provisions of this section, where a vehicle has been furnished in pursuance of arequisitioning order it may be retained, so long as section one hundred and sixty-five of this Act is inoperation, for any period for which it is required for the purpose specified in the order or for any otherpurpose connected with the needs of any of Her Majesty’s forces.

(2) While men of the army reserve are called out on permanent service, then in so far as a requisitioningorder so provides the person by whom any vehicle is to be furnished may be required to furnish it for thepurpose of its being purchased on behalf of the Crown.

168 Payment for vehicles furnished. U.K.

(1) The person by whom a vehicle is furnished in pursuance of a requisitioning order, and is so furnishedotherwise than for the purpose of being purchased, shall be entitled to be paid—

(a) a sum for the use of the vehicle calculated, by reference to the period for which possession of thevehicle is retained, at the rate of payment commonly recognised or generally prevailing in the district atthe time at which the vehicle is furnished, or, in default of such a rate, at such rate as may be just,

(b) a sum equal to the cost of making good any damage to the vehicle, not being damage resulting in a totalloss thereof or damage attributable to fair wear and tear, which may have occurred during the period forwhich possession of the vehicle is retained and which has not been made good during that period by a personacting on behalf of Her Majesty,

(c) if, during the said period, a total loss of the vehicle occurs, a sum equal to the value of the vehicleimmediately before the occurrence of the damage which caused the loss.

In paragraph (b) of this subsection and in the Fourth Schedule to this Act references to fair wear andtear shall be construed as references to such fair wear and tear as might have been expected to occur butfor the fact that the vehicle was requisitioned.

(2) The person by whom a vehicle is furnished in pursuance of a requisitioning order for the purpose ofbeing purchased shall be entitled to be paid the value of the vehicle at the time at which it is furnished.

(3) Where a vehicle is furnished in pursuance of a direction under paragraph (b) of subsection (2) ofsection one hundred and sixty-six of this Act, then—

(a) for the purposes of paragraphs (a) and (b) of subsection (1) of this section (if that subsectionapplies) the period for which possession of the vehicle is retained shall be deemed to begin at the timewhen the direction is given, and for the purposes of subsection (2) of this section (if that subsectionapplies) the vehicle shall be deemed to have been furnished at that time;

(b) in addition to the payments provided for by subsection (1) or (2) of this section, the person by whomthe vehicle is furnished shall be entitled to be paid the amount of any expenditure reasonably incurred byhim in complying with the direction.

(4) Where a direction to furnish a vehicle is given under the said paragraph (b),and after the giving ofthe direction any damage occurs to the vehicle (whether or not resulting in a total loss thereof), then ifthe damage prevents the furnishing of the vehicle in pursuance of the requisitioning order the foregoingprovisions of this section shall apply as if the vehicle had been furnished, and (notwithstanding that itmay have been required to be furnished for the purpose of being purchased) had been furnished otherwise thanfor that purpose, subject however to the following modifications, that is to say—

(a) paragraphs (a), (b) and (c) of subsection (1) of this section shall have effect as if for the periodtherein mentioned there were substituted the period beginning with the giving of the direction and endingimmediately after the occurrence of the damage,

(b) paragraph (b) of the last foregoing subsection shall have effect as if for the words “in complyingwith" there were substituted the words “by reason of anything done for the purpose of complyingwith".

(5) Where any person (hereinafter referred to as a person interested) other than the person by whom avehicle is required to be furnished has an interest in the vehicle,—

(a) the person by whom the vehicle is required to be furnished shall notify any person known to him to bea person interested that the vehicle has been requisitioned,

(b) any person interested shall be entitled to recover from the person by whom the vehicle was required tobe furnished such part (if any) of the payment received by him for the vehicle as may be just.

(6) The Fourth Schedule to this Act shall have effect as to the time for the making of payments under thissection and as to the determination of disputes arising thereunder.

(7) Where, during the period for which possession of a vehicle is retained, a total loss of the vehicleoccurs, then—

(a) for the purposes of paragraphs (a) and (b) of subsection (1) of this section and of the Fourth Scheduleto this Act the said period shall be deemed to have come to an end immediately after the occurrence of theloss, and

(b) no claim shall be made for the return of the vehicle (if it still exists) or for payment in respectthereof other than such as is provided for by subsection (1) of this section.

169 Avoidance of hardship in requisitioning of vehicles. U.K.

In deciding which, of alternative vehicles, is to be specified in an order under section one hundredand sixty-five of this Act, or is to be the subject of a direction under paragraph (b) of subsection (1)of section one hundred and sixty-six thereof, the officer or soldier by whom the order is issued ordirection given shall act in such manner as in his opinion will cause least hardship.

170 Record and inspection of mechanically-propelled vehicles. U.K.

[F381 The Defence Council] may by regulations require persons having in their possession in the United Kingdommechanically-propelled vehicles, or trailers normally drawn by mechanically-propelled vehicles, if requiredso to do by such authority or person as may be specified in the regulations,—

(a) to furnish to such authority or person as may be so specified a return containing such particulars asto the vehicles as may be required by or under the regulations, and

(b) to afford all reasonable facilities for enabling any such vehicles in his possession to be inspectedand examined, at such times as may be specified by or under the regulations, by such authority or personas may be so specified.

Textual Amendments

F381 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

171 Enforcement of provisions as to requisitioning. U.K.

(1) If any person—

(a) fails to furnish any vehicle which he is directed to furnish in pursuance of a requisitioning order,or fails to furnish any such vehicle at the time and place at which he is directed to furnish it, or

(b) fails to comply with any regulations of [F382 the Defence Council] under the last foregoing section, or

(c) obstructs any officer or other person in the exercise of his functions under this Part of this Act inrelation to the inspection or requisitioning of vehicles,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F383 level 3 on the standard scale], or to imprisonment for a term not exceeding three months, or to both such a fine and suchimprisonment.

(2) Without prejudice to any penalty under the last foregoing subsection, if any person is obstructed inthe exercise of powers of inspection conferred on him by regulations under the last foregoing section, ajustice of the peace may, if satisfied by information on oath that the person has been so obstructed, issuea search warrant authorising a constable named therein, accompanied by the said person, to enter thepremises in respect of which the obstruction took place at any time between six o’clock in the morning andnine o’clock in the evening and to inspect any vehicles which may be found therein.

Textual Amendments

F382 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F383 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss.38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) S.I.1984/703 (N.I.3), arts. 5, 6

172 Application to horses, food, forage and stores. U.K.

(1) Subject to the provisions of this section, the foregoing provisions of this Part of this Act and theprovisions of the Fourth Schedule thereto, except such of those provisions as relate only tomechanically-propelled vehicles and trailers normally drawn thereby, shall apply to horses and mules, food,forage and stores as they apply to vehicles.

(2) Where stores are required for, and can be conveyed with, a vehicle with respect to which a directionis given under paragraph (b) of subsection (2) of section one hundred and sixty-six of this Act, such adirection may be given as well in relation to the stores as in relation to the vehicle, and the saidforegoing provisions and Schedule shall apply accordingly:

Provided that subsection (4) of section one hundred and sixty-eight of this Act shall not apply, butif after the giving of the direction the furnishing of the stores is prevented by damage to them or to thevehicle such payment (if any) shall be made in respect of the stores as may be just in all thecircumstances.

(3) Notwithstanding anything in section one hundred and sixty-seven of this Act, food, forage or stores tobe furnished in pursuance of a requisitioning order at any time may be required to be furnished for purchaseon behalf of the Crown.

(4) Section one hundred and seventy of this Act shall apply in relation to horses and mules as it appliesin relation to mechanically-propelled vehicles.

(5) In this section the expression “stores” means any chattel, other than a horse or mule, a vehicle, food or forage, beinga chattel required for, or for use in connection with,—

(a) persons or vehicles billeted or to be billeted in pursuance of a billeting requisition or otherwisetemporarily accommodated or to be so accommodated, or

(b) vehicles, horses or mules furnished or to be furnished in pursuance of a requisitioning order.

173 Liability of Crown for damage by vehicles being delivered for requisitioning. U.K.

The person using a vehicle for the purpose of its being furnished in pursuance of a direction underparagraph (b) of subsection (2) of section one hundred and sixty-six of this Act shall be deemed, asrespects any claim in respect of injury or damage to any other person or property, to be so using thevehicle as a servant of the Crown, [F384 and section thirty-five of the M78 Road Traffic Act 1930 (whichrelates to insurance against third-party risks) shall not apply to the use of a vehicle for the saidpurpose.]

Textual Amendments

F384 Words repealed by Road Traffic Act 1960 (c. 16), Sch. 18 Pt. I

Marginal Citations

M78 1930 c. 43.

General U.K.

174 Bringing into operation of ss. 154 and 165. U.K.

(1) Whenever it appears to the Secretary of State that the public interest so requires, he may by orderdirect that section one hundred and fifty-four or one hundred and sixty-five of this Act, or both thosesections, shall come into operation either generally or as respects such area in the United Kingdom as maybe specified in the order; and that section or those sections, as the case may be, shall thereupon comeinto operation and remain in operation so long as the order has effect.

(2) As soon as may be after either of the said sections has been brought into operation on any occasion,the Secretary of State shall report that fact to Parliament.

(3) An order under this section shall, subject to any revocation or variation thereof, continue to haveeffect for the period of one month from the making thereof:

Provided that where, before the expiration of the period for which the order has effect (whether byvirtue of the foregoing provisions of this subsection or of this proviso), it is resolved by each House ofParliament that the public interest requires that the operation of the order should be extended for suchfurther period as may be specified in the resolution, it shall be extended accordingly.

175 Regulations and orders. U.K.

(1) Any power to make regulations conferred by this Part of this Act shall be exercisable by statutoryinstrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2) The power to make orders conferred on the Secretary of State by the last foregoing section shall beexercisable by statutory instrument.

176 Interpretation of Part IV. U.K.

References in this Part of this Act to soldiers shall include references to warrant officers and tonon-commissioned officers.

Part V U.K. General Provisions

Modifications etc. (not altering text)

C72 Pt. V extended by Reserve Forces Act 1980 (c. 9), s. 142

Powers of command U.K.

177 Powers of command. U.K.

(1) It is hereby declared for the avoidance of doubt that Her Majesty may make regulations as to thepersons, being members of Her Majesty’s forces, in whom command over Her Majesty’s military forces, or anypart or member thereof, is to be vested and as to the circumstances in which such command as aforesaid isto be exercised.

(2) In relation to members of Her Majesty’s military forces when in aircraft, the last foregoing subsectionshall have effect as if references to members of Her Majesty’s forces included references to any person incommand of an aircraft.

(3) Nothing in this section shall affect any power vested in Her Majesty apart from this section.

178 Powers of command of members of co-operating naval or air forces. U.K.

In so far as powers of command depend on rank, a member of any of Her Majesty’s naval or air forceswho—

(a) is acting with, or

(b) is a member of a body of any of those forces which is acting with,

any body of the regular forces shall have the like such powers as a member of the regular forces ofcorresponding rank; and for the purposes of sections thirty-three and seventy-four of this Act any suchmember of the said naval or air forces shall be treated as if he were a member of the regular forces ofcorresponding rank.

Attachment to naval or air forces U.K.

179 Attachment of members of military forces to naval or air forces. U.K.

(1) An officer, warrant officer, non-commissioned officer or soldier of the regular forces may be attachedtemporarily to any of Her Majesty’s naval or air forces.

(2) Regulations made by [F385 the Defence Council] may prescribe circumstances in which officers, warrant officers, non-commissioned officers andsoldiers of the regular forces shall be deemed to be attached to any of Her Majesty’s naval or air forces,as the case may be, under the last foregoing subsection.

(3)

F386 (4) A person shall not cease to be subject to military law by reason only of attachment in pursuance of thissection.

Textual Amendments

F385 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F386 S. 179(3) repealed by S.I. 1964/488, Sch. 1 Pt. I

Modifications etc. (not altering text)

C73 S. 179 extended by Naval Discipline Act 1957 (c. 53), s. 113(1)

Redress of complaints U.K.

180 Complaints by officers. U.K.

(1) If an officer thinks himself wronged in any matter by a superior officer or authority and on applicationto his commanding officer does not obtain the redress to which he thinks he is entitled, he may make acomplaint with respect to that matter to [F387 the Defence Council].

(2) On receiving any such complaint it shall be the duty of [F387 the Defence Council] to investigate the complaint and to grant any redress which appears to them to be necessary or, ifthe complainant so requires, [F387 the Defence Council] shall through the Secretary of State make their report on the complaint to Her Majesty in order toreceive the directions of Her Majesty thereon.

Textual Amendments

F387 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

181 Complaints by warrant officers, non-commissioned officers and soldiers. U.K.

(1) If a warrant officer, non-commissioned officer or soldier thinks himself wronged in any matter by anyofficer other than his commanding officer or by any warrant officer, non-commissioned officer or soldier,he may make a complaint with respect to that matter to his commanding officer.

(2) If a warrant officer, non-commissioned officer or soldier thinks himself wronged in any matter by hiscommanding officer, either by reason of redress not being given to his satisfaction on a complaint underthe last foregoing subsection or for any other reason, [F388 he may, in accordance with the procedure laid down in Queen’s Regulations, make acomplaint with respect thereto to the Defence Council].

(3) It shall be the duty of [F388 a commanding officer or, as the case may be, the Defence Council] to have any complaint received by him [F389 or them] investigated and to take any steps for redressing the matter complained of which appear to him [F389 or them] to be necessary.

Textual Amendments

F388 Words substituted by Armed Forces Act 1971 (c. 33), s. 66(2)

F389 Words inserted by Armed Forces Act 1971 (c. 33), s. 66(2)

Exemptions for members of regular forces U.K.

182 Officers on active list not to be sheriffs. U.K.

An officer of the regular forces on the active list (as defined by Royal Warrant) shall not be capableof being nominated or elected to be sheriff of any county, borough, or other place.

183 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F390 U.K.

Textual Amendments

F390 S. 183 repealed by (E.W) Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. I, (N.I.) S.I.1974/2143 (N.I.6), Sch. 5 and (S.) Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55), Sch.3

184 Exemptions from tolls, etc. U.K.

(1) Duties or tolls for embarking from or disembarking on any pier, wharf, quay or landing place in theUnited Kingdom or any colony, or for passing over any road or bridge in the United Kingdom or any colony,shall not be payable in respect of—

(a) members of the regular forces on duty;

(b) vehicles in military service, being vehicles belonging to the Crown or other vehicles driven by persons(whether members of Her Majesty’s forces or not) in the service of the Crown;

(c) goods carried in such vehicles;

(d) horses or other animals in military service.

(2) In the last foregoing subsection the expression “in military service” means employed under proper military authority for the purposes ofany body of the regular forces or accompanying any body of the regular forces.

(3) Members of the regular forces on duty when using ferries in Scotland shall be entitled to be carriedat half rate.

Modifications etc. (not altering text)

C74 S. 184 extended by S.I. 1965/1536, art. 12(2), Sch. 3 and Reserve Forces Act 1980 (c.9), ss. 84(a), 119(a)

C75 S. 184 modified (1.4.1997) by 1996 c. 14, s. 124(2); S.I. 1997/305, art. 2(1)

185 Exemption from taking in execution of property used for military purposes. U.K.

No judgment or order given or made against a member of any of Her Majesty’s military forces by any courtin the United Kingdom or a colony shall be enforced by the levying of execution on any property of theperson against whom it is given or made, being arms, ammunition, equipment, instruments or clothing usedby him for military purposes.

Provisions relating to deserters and absentees without leave U.K.

186 Arrest of deserters and absentees without leave. U.K.

(1) A constable may arrest any person whom he has reasonable cause to suspect of being an officer, warrantofficer, non-commissioned officer or soldier of the regular forces who has deserted or is absent withoutleave.

(2) Where no constable is available, any officer, warrant officer, non-commissioned officer or soldier ofthe regular forces, or any other person, may arrest any person whom he has reasonable cause to suspect asaforesaid.

(3) Any person having authority to issue a warrant for the arrest of a person charged with crime, ifsatisfied by evidence on oath that there is, or is reasonably suspected of being, within his jurisdictionan officer, warrant officer, non-commissioned officer or soldier of the regular forces who has deserted oris absent without leave or is reasonably suspected of having deserted or of being absent without leave, mayissue a warrant authorising his arrest.

(4) Any person in custody in pursuance of this section shall as soon as practicable be brought before acourt of summary jurisdiction.

[F391 (4A) A person shall also be brought before a court of summary jurisdiction if, having been brought beforesuch a court by virtue of subsection (4) above and discharged by that court by virtue of section 187(3)below—

(a) he is subsequently arrested as an alleged or suspected deserter or absentee without leave under section74 of this Act, or under a warrant issued under section 190A thereof, and

(b) the question whether he is in fact in desertion or absent without leave raises any issue which wasinvestigated by the court discharging him, and

(c) he does not admit that he is in desertion or absent without leave to the person arresting him under thesaid section 74 or, as the case may be, to the person into whose custody he is delivered pursuant to thesaid section 190A.]

(5) This section shall have effect in the United Kingdom and in any colony.

Textual Amendments

F391 S. 186(4A) inserted by Armed Forces Act 1971 (c. 33), s. 56(1)

Modifications etc. (not altering text)

C76 S. 186 extended by Guyana Independence Act 1966 (c. 14), s. 5(2)

187 Proceedings before a civil court where persons suspected of illegal absence. U.K.

(1) Where a person who is brought before a court of summary jurisdiction is alleged to be an officer,warrant officer, non-commissioned officer or soldier of the regular forces who has deserted or is absentwithout leave, the following provisions shall have effect.

(2) If he admits that he is illegally absent from the regular forces and the court is satisfied of the truthof the admission, then—

(a) unless he is in custody for some other cause the court shall, and

(b) notwithstanding that he is in custody for some other cause, the court may,

forthwith either cause him to be delivered into military custody in such manner as the court may thinkfit or commit him to some prison, police station or other place provided for the confinement of persons incustody, to be kept there for such reasonable time as the court may specify (not exceeding such time asappears to the court reasonably necessary for the purpose of enabling him to be delivered into militarycustody) or until sooner delivered into such custody.

Any time specified by the court may be extended by the court from time to time if it appears to thecourt reasonably necessary so to do for the purpose aforesaid.

(3) If he does not admit that he is illegally absent as aforesaid, or the court is not satisfied of thetruth of the admission, the court shall consider the evidence and any statement of the accused, and ifsatisfied that he is subject to military law and if of opinion that there is sufficient evidence to justifyhis being tried under this Act for an offence of desertion or absence without leave then, unless he is incustody for some other cause, the court shall cause him to be delivered into military custody or commit himas aforesaid, but otherwise shall discharge him:

Provided that if he is in custody for some other cause the court shall have power, but shall not berequired, to act in accordance with this subsection.

(4) The following provisions of [F392 the M79 Magistrates’ Courts Act 1980], or any corresponding enactment in force as respects the court in question, that is to say theprovisions relating to the constitution and procedure of courts of summary jurisdiction acting as examiningjustices and conferring powers of adjournment and remand on such courts so acting, and the provisions asto evidence and the issue and enforcement of summonses or warrants to secure the attendance of witnesses,shall apply to any proceedings under this section.

[F393 (4A) For the purposes of any proceedings under this section, a certificate which states that a person is amember of, and illegally absent from, the regular forces, and purports to be signed by an officer who, ifthat person were charged with an offence, would be either his commanding officer or authorised to act ashis appropriate superior authority, shall be evidence of the matters so stated.]

(5) This section shall have effect in the United Kingdom and in any colony.

Textual Amendments

F392 Words substituted by Magistrates' Courts Act 1980 (c. 43), Sch. 7 para. 12

F393 S. 187(4A) inserted by Armed Forces Act 1971 (c. 33), s. 56(2)

Modifications etc. (not altering text)

C77 S. 187 extended by Guyana Independence Act 1966 (c. 14), s. 5(2)

Marginal Citations

M79 1980 c. 43.

188 Deserters and absentees without leave surrendering to police. E+W

(1) Where in the United Kingdom or any colony a person surrenders himself to a constable as being illegallyabsent from the regular forces, the constable shall (unless he surrenders himself at a police station) bringhim to a police station.

(2) The officer of police in charge of a police station at which a person has surrendered himself asaforesaid, or to which a person who has so surrendered himself is brought, shall forthwith inquire into thecase, and if it appears to that officer that the said person is illegally absent as aforesaid he may causehim to be delivered into military custody without bringing him before a court of summary jurisdiction ormay bring him before such a court.

Modifications etc. (not altering text)

C78 S. 188 extended by Guyana Independence Act 1966 (c. 14), s. 5(2)

189 Certificates of arrest or surrender of deserters and absentees. U.K.

(1) Where a court of summary jurisdiction in pursuance of section one hundred and eighty-seven of this Actdeals with a person as illegally absent, then when that person is delivered into military custody thereshall be handed over with him a certificate in the prescribed form, signed by a justice of the peace,containing the prescribed particulars as to his arrest or surrender and the proceedings before the court;and for any such certificate there shall be payable to the clerk of the court, by such person as [F394 the Defence Council] may direct, such fee (if any) as may be prescribed.

(2) Where under the last foregoing section a person is delivered into military custody without being broughtbefore a court, there shall be handed over with him a certificate in the prescribed form, signed by theofficer of police who causes him to be delivered into military custody, containing the prescribedparticulars relating to his surrender.

(3) In any proceedings for an offence under section thirty-seven or thirty-eight of this Act—

(a) a document purporting to be a certificate under either of the two last foregoing subsections and to besigned as thereby required, shall be evidence of the matters stated in the document;

[F395 (aa) where the proceedings are against a person who has surrendered himself to a consular officer, acertificate purporting to be signed by that officer and stating the fact, date, time and place of surrendershall be evidence of the matters stated in the certificate;]

(b) where the proceedings are against a person who has been taken into military, naval or air-force custodyon arrest or surrender, a certificate purporting to be signed by a provost officer, or any correspondingofficer of a Commonwealth force or a force raised under the law of a colony, or by any other officer incharge of the guardroom or other place where that person was confined on being taken into custody, statingthe fact, date, time and place of arrest or surrender shall be evidence of the matters stated in thecertificate.

(4) In this section the expression “prescribed” means prescribed by regulations made by a Secretary of State by statutoryinstrument.

Textual Amendments

F394 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F395 S. 189(3)(aa) inserted by Armed Forces Act 1971 (c. 33), s. 56(3)

Modifications etc. (not altering text)

C79 S. 189 extended by Guyana Independence Act 1966 (c. 14), s. 5(2)

C80 S. 189(1) amended by Army and Air Force Act 1961 (c. 52), s. 30

190 Duties of governors of prisons and others to receive deserters and absentees. U.K.

(1) It shall be the duty of the governor of a civil prison in the United Kingdom or of the superintendentor other person in charge of a civil prison in a colony to receive any person duly committed to that prisonby a court of summary jurisdiction as illegally absent from the regular forces and to detain him until inaccordance with the directions of the court he is delivered into military custody.

(2) The last foregoing subsection shall apply to the person having charge of any police station or otherplace (not being a prison) provided for the confinement of persons in custody, whether in the United Kingdomor in a colony, as it applies to the governor or superintendent of a prison.

Modifications etc. (not altering text)

C81 S. 190 extended by Guyana Independence Act 1966 (c. 14), s. 5(2)

Further powers of arrest of civil authorities U.K.

[F396 190A Arrest under warrants of commanding officers. U.K.

(1) A warrant for the arrest of a person suspected of any offence under Part II of this Act may be issuedby his commanding officer (determined for the purposes of this subsection as if that person had been chargedwith the offence).

(2) A warrant issued under this section shall be addressed to an officer or officers of police, and shallspecify the name of the person for whose arrest it is issued and the offences which he is alleged to havecommitted; and any such warrant may be issued in respect of two or more persons alleged to have committedthe same offence, or offences of the same class.

(3) A person arrested under a warrant issued under this section shall as soon as practicable be deliveredinto military custody; and there shall be handed over with him a certificate signed by the officer of policewho causes him to be delivered into military custody stating the fact, date, time and place of arrest, andwhether or not the person arrested was at the time of arrest wearing the uniform of any of Her Majesty’smilitary forces.

(4) A certificate under subsection (3) above shall be in such form as may be prescribed by regulations madeby a Secretary of State by statutory instrument and shall for the purposes of this Act be evidence of thematters stated therein.]

Textual Amendments

F396 Ss. 190A, 190B inserted by Armed Forces Act 1971 (c. 33), s. 44(2)

190B Arrest of persons unlawfully at large. U.K.

(1) A constable may arrest without warrant any person who, having been sentenced under Part II of this Actto imprisonment or detention, is unlawfully at large during the currency of the sentence, and may take himto any place in which he may be required in accordance with law to be detained.

(2) The provisions of subsections (5) to (7) of section 119 of this Act shall have effect for the purposesof subsection (1) above as they have effect for the purposes of the said section 119.

Offences relating to military matters punishable by civil courts U.K.

191 Punishment for pretending to be a deserter. U.K.

Any person who in the United Kingdom or any colony falsely represents himself to any military, naval,air-force or civil authority to be a deserter from the regular forces shall be liable on summary convictionto a fine not exceeding fifty pounds or to imprisonment for a term not exceeding three months or to bothsuch a fine and such imprisonment.

192 Punishment for procuring and assisting desertion. U.K.

(1) Any person who, whether within or without Her Majesty’s dominions,—

(a) procures or persuades any officer, warrant officer, non-commissioned officer or soldier of the regularforces to desert or to absent himself without leave; or

(b) knowing that any such officer, warrant officer, non-commissioned officer or soldier is about to desertor absent himself without leave, assists him in so doing; or

[F397 (c) knowing any person to be a deserter or absentee without leave from the regular forces, procures orpersuades or assists him to remain such a deserter or absentee, or assists in his rescue from custody],

shall be guilty of an offence against this section.

(2) Any person guilty of an offence against this section shall be liable on summary conviction to a finenot exceeding fifty pounds or to imprisonment for a term not exceeding three months, or to both such a fineand such imprisonment, or on conviction on indictment to a fine not exceeding five hundred pounds or toimprisonment for a term not exceeding two years or to both such a fine and such imprisonment.

Textual Amendments

F397 S. 192(1)(c) substituted by Armed Forces Act 1966 (c. 45), s. 18(1)

Modifications etc. (not altering text)

C82 s. 192 modified (23.6.1999) by S.I. 1999/1736, art. 18

193 Punishment for obstructing members of regular forces in execution of duty. U.K.

Any person who, in the United Kingdom or any colony, wilfully obstructs or otherwise interferes withany officer, warrant officer, non-commissioned officer or soldier of the regular forces acting in theexecution of his duty shall be liable on summary conviction to a fine not exceeding [F398 level 3 on the standard scale] or to imprisonment for a term not exceeding three months or to both such a fine and such imprisonment.

Textual Amendments

F398 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss.38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) S.I.1984/703 (N.I.3), arts. 5, 6

194 Punishment for aiding malingering. U.K.

Any person who, whether within or without Her Majesty’s dominions,—

(a) produces in an officer, warrant officer, non-commissioned officer or soldier of the regular forces anysickness or disability; or

(b) supplies to or for him any drug or preparation calculated or likely to render him, or lead to the beliefthat he is, permanently or temporarily unfit for service,

with a view to enabling him to avoid military service, whether permanently or temporarily, shall beliable on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term notexceeding three months or to both such a fine and such imprisonment, or on conviction on indictment to afine not exceeding five hundred pounds or to imprisonment for a term not exceeding two years or to both sucha fine and such imprisonment.

195 Unlawful purchase, etc. of military stores. U.K.

(1) Any person who, whether within or without Her Majesty’s dominions, acquires any military stores orsolicits or procures any person to dispose of any military stores, or acts for any person in the disposingof any military stores, shall be guilty of an offence against this section unless he proves either—

(a) that he did not know, and could not reasonably be expected to know, that the chattels in question weremilitary stores, or

(b) that those chattels had (by the transaction with which he is charged or some earlier transaction) beendisposed of by order or with the consent of [F399 the Defence Council] or of some person or authority who had, or whom he had reasonable cause to believe to have, power togive the order or consent, or

(c) that those chattels had become the property of an officer who had retired or ceased to be an officer,or of a warrant officer, non-commissioned officer or soldier who had been discharged, or of the personalrepresentatives of a person who had died.

(2) Any person guilty of an offence against this section shall be liable on summary conviction to a finenot exceeding one hundred pounds or to imprisonment for a term not exceeding three months or to both sucha fine and such imprisonment, or on conviction on indictment to a fine not exceeding five hundred poundsor imprisonment for a term not exceeding two years or to both such a fine and such imprisonment.

[F400 (3) A constable may seize any property which he has reasonable grounds for suspecting of having been thesubject of an offence against this section.]

(4) Any person having authority to issue a warrant for the arrest of a person charged with crime may, ifsatisfied by evidence on oath that a person within his jurisdiction has, or is reasonably suspected ofhaving, in his possession any property which has been the subject of an offence against this section, granta warrant to search for such property as in the case of stolen goods; and any property suspected of havingbeen the subject of such an offence which is found on such a search shall be seized by the officer chargedwith the execution of the warrant, and that officer shall bring the person in whose possession or keepingthe property is found before a court of summary jurisdiction.

(5) In this section—

• the expression “acquire” means buy, take in exchange, take in pawn or otherwise receive (whether apartfrom this section the receiving is lawful or not);

• the expression “dispose” means sell, give in exchange, pledge or otherwise hand over (whether apart fromthis section the handing over is lawful or not);

• the expression “military stores” means any chattel of any description belonging to Her Majesty, which hasbeen issued for use for military purposes or is held in store for the purpose of being so issued whenrequired, and includes any chattel which had belonged, and had been issued or held, as aforesaid at somepast time.

(6) For the purposes of subsection (4) of this section property shall be deemed to be in the possession ofa person if he has it under his control, and whether he has it for his own use or benefit or for the useor benefit of another.

Textual Amendments

F399 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F400 S. 195(3) substituted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95),s. 119(1),Sch. 6 Pt. I para. 8 (E.W.) and by S.I. 1989/1341 (N.I.12), art. 90(1), Sch. 6 para. 4

196 Illegal dealings in documents relating to pay, pensions, mobilisation, etc. U.K.

(1) Any person who—

(a) as a pledge or a security for a debt, or

(b) with a view to obtaining payment from the person entitled thereto of a debt due either to himself orto any other person,

receives, detains or has in his possession any official document issued in connection with the paymentto any person of any pay, pension, allowance, gratuity or other payment payable in respect of his or anyother person’s military service shall be guilty of an offence against this section.

(2) Any person who has in his possession without lawful authority or excuse (the proof whereof shall lieon him) any such document as aforesaid, or any official document issued in connection with the mobilisationor demobilisation of any of Her Majesty’s military forces or any member thereof, shall be guilty of anoffence against this section.

(3) Any person guilty of an offence against this section shall be liable on summary conviction to a finenot exceeding [F401 level 3 on the standard scale] or to imprisonment for a term not exceeding three months or to both such a fine and such imprisonment.

(4) For the purposes of this section a document shall be deemed to be in the possession of a person if hehas it under his control and whether he has it for his own use or benefit or for the use or benefit ofanother.

(5) This section shall have effect in the United Kingdom and in any colony.

Textual Amendments

F401 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss.38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) S.I.1984/703 (N.I.3), arts. 5, 6

197 Unauthorised use of and dealing in decorations, etc. U.K.

(1) Any person who, in the United Kingdom or in any colony,—

(a) without authority uses or wears any military decoration, or any badge, wound stripe or emblem suppliedor authorised by [F402 the Defence Council], or

(b) uses or wears any decoration, badge, wound stripe, or emblem so nearly resembling any militarydecoration, or any such badge, stripe or emblem as aforesaid, as to be calculated to deceive, or

(c) falsely represents himself to be a person who is or has been entitled to use or wear any suchdecoration, badge, stripe or emblem as is mentioned in paragraph (a) of this subsection,

shall be guilty of an offence against this section:

Provided that nothing in this subsection shall prohibit the use or wearing of ordinary regimentalbadges or of brooches or ornaments representing them.

(2) Any person who purchases or takes in pawn any naval, military or air-force decoration awarded to anymember of Her Majesty’s military forces, or solicits or procures any person to sell or pledge any suchdecoration, or acts for any person in the sale or pledging thereof, shall be guilty of an offence againstthis section unless he proves that at the time of the alleged offence the person to whom the decoration wasawarded was dead or had ceased to be a member of those forces.

(3) Any person guilty of an offence against this section shall be liable on summary conviction to a finenot exceeding [F403 level 3 on the standard scale] or to imprisonment for a term not exceeding three months or to both such a fine and such imprisonment.

Textual Amendments

F402 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F403 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss.38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) S.I.1984/703 (N.I.3), arts. 5, 6

Provisions as to evidence U.K.

198 General provisions as to evidence. U.K.

(1) The following provisions F404 shall have effect with respect to evidence in proceedings under this Act,whether before a court-martial, a civil court or otherwise.

(2) A document purporting to be a copy of the attestation paper signed by any person and to be certifiedto be a true copy by a person stated in the certificate to have the custody of the attestation paper shallbe evidence of the enlistment of the person attested.

(3) The attestation paper purporting to be signed by a person on his enlistment shall be evidence of hishaving given the answers to questions which he is therein recorded as having given.

(4) A letter, return or other document stating that any person—

(a) was or was not serving at any specified time or during any specified period in any part of Her Majesty’sforces or was discharged from any part of those forces at or before any specified time, or

(b) held or did not hold at any specified time any specified rank or appointment in any of those forces,or had at or before any specified time been attached, posted or transferred to any part of those forces,or at any specified time or during any specified period was or was not serving or held or did not hold anyrank or appointment in any particular country or place, or

(c) was or was not at any specified time authorised to use or wear any decoration, badge, wound stripe oremblem,

shall, if purporting to be issued by or on behalf of [F405 the Defence Council], F406 , or by a person authorised by F406 them, be evidence of the matters stated in the document.

(5) A record made in any service book or other document prescribed by Queen’s Regulations for the purposesof this subsection, being a record made in pursuance of any Act or of Queen’s Regulations, or otherwise inpursuance of military duty, and purporting to be signed by the commanding officer or by any person whoseduty it was to make the record, shall be evidence of the facts stated therein; and a copy of a record(including the signature thereto) in [F407 any such book or other document as aforesaid], purporting to be certified to be a true copy by a person stated in the certificate to have thecustody of the book [F408 or other document], shall be evidence of the record.

(6) A document purporting to be issued by order of [F405 the Defence Council] and to contain instructions or regulations given or made by [F405 the Defence Council] shall be evidence of the giving of the instructions or making of the regulations and of theircontents.

(7) A certificate purporting to be issued by or on behalf of [F405 the Defence Council], or by a person authorised by F406 them, and stating—

(a) that a decoration of a description specified in or annexed to the certificate is a military, naval orair-force decoration, or

(b) that a badge, wound stripe or emblem of a description specified in or annexed to the certificate is onesupplied or authorised by [F405 the Defence Council],

shall be evidence of the matters stated in the certificate.

(8) A certificate purporting to be signed by a person’s commanding officer or any officer authorised by himto give the certificate, and stating the contents of, or of any part of, standing orders or other routineorders of a continuing nature made for—

(a) any formation or unit or [F409 body of Her Majesty’s forces], or

(b) any command or other area, garrison or place, or

(c) any ship, train or aircraft,

shall in proceedings against the said person be evidence of the matters stated in the certificate.

(9) Any document which would be evidence in any proceedings under the M80 Air Force Act1955, by virtue of section one hundred and ninety-eight of that Act shall in like manner, subject to thelike conditions, and for the like purpose be evidence in the like proceedings under this Act.

Textual Amendments

F404 Words repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(2), Sch.7 Pt. III

F405 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F406 Words repealed by S.I. 1964/488, Sch. 1 Pt. I

F407 Words substituted by Army and Air Force Act 1961 (c. 52), Sch. 2

F408 Words inserted by Army and Air Force Act 1961 (c. 52), Sch. 2

F409 Words substituted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 1(8)

Modifications etc. (not altering text)

C83 S. 198(8)(c) extended by S.I. 1972/971, art. 4, Sch. 1

Marginal Citations

M80 1955 c. 19.

198A, 198B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F410 U.K.

Textual Amendments

F410 Ss. 198A, 198B repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s.119(2), Sch. 7 Pt. III

[F411 198C Provision as to age. U.K.

Where the age of any person at any time is material for the purposes of any provision of this Actregulating the powers of a court-martial, his age at the material time shall be deemed to be or to have beenthat which appears to the court, after considering any available evidence, to be or to have been his ageat that time.]

Textual Amendments

F411 S. 198C inserted by Armed Forces Act 1976 (c. 52) Sch. 9 para. 4; renumbered as s. 198C by Armed Forces Act 1981 (c. 55), s. 9(2)

199 Proof of outcome of civil trial. U.K.

(1) Where a person subject to military law has been tried before a civil court (whether at the time of thetrial he was subject to military law or not), a certificate signed by the clerk of the court and statingall or any of the following matters,—

(a) that the said person has been tried before the court for an offence specified in the certificate,

(b) the result of the trial,

(c) what judgment or order was given or made by the court,

(d) that other offences specified in the certificate were taken into consideration at the trial,

shall for the purposes of this Act be evidence of the matters stated in the certificate.

(2) The clerk of the court shall, if required by the commanding officer of the person in question or anyother officer, furnish a certificate under this section and shall be paid such fee as may be prescribed byregulations made by a Secretary of State.

(3) A document purporting to be a certificate under this section and to be signed by the clerk of the courtshall, unless the contrary is shown, be deemed to be such a certificate.

(4) References in this section to the clerk of the court include references to his deputy and to any otherperson having the custody of the records of the court.

200 Evidence of proceedings of court-martial. U.K.

(1) The original proceedings of a court-martial purporting to be signed by the president of the court andbeing in the custody of the Judge Advocate General or of any person having the lawful custody thereof shallbe admissible in evidence on production from that custody.

(2) A document purporting to be a copy of the original proceedings of a court-martial or any part thereofand to be certified by the Judge Advocate General or any person authorised by him, or by any other personhaving the lawful custody of the proceedings, to be a true copy shall be evidence of the contents of theproceedings or the part to which the document relates, as the case may be.

(3) This section applies to evidence given in any court, whether civil or criminal and whether in the UnitedKingdom or in any colony.

[F412 200A False statements in computer record certificates. U.K.

(1) Any person who in a certificate tendered under paragraph 8 of Schedule 3 to the Police and CriminalEvidence Act 1984 (computer records) in evidence before a court-martial makes a statement which he knowsto be false or does not believe to be true shall be guilty of an offence and liable—

(a) on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;

(b) on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceedingthe statutory maximum or to both.

(2) In this section “statutory maximum” has the meaning given by section 74 of the M81 Criminal Justice Act 1982.]

Textual Amendments

F412 S. 200A inserted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(1),Sch. 6 Pt. II para. 28(4)

Marginal Citations

M81 1982c.48 (39:1).

Miscellaneous Provisions U.K.

201 Restrictions on reduction in rank of warrant officers and non-commissioned officers. U.K.

(1) A warrant officer or non-commissioned officer of the regular forces [F413 (other than a lance-corporal or lance-bombardier)] shall not be reduced in rank except by sentence of a court-martial (whether under this Act, [F414 the M82 Naval Discipline Act 1957] or the M83 Air Force Act 1955) or by order of [F415 the Defence Council] or of an officer, not belowthe rank of [F416 colonel, or captain in the Royal Navy or of group captain], authorised by [F415 the Defence Council] to act for the purposes of this section.

(2) An authorisation under the last foregoing subsection may be given generally or subject to suchlimitations as may be specified by [F415 the Defence Council].

(3) For the purposes of subsection (1) of this section reduction in rank does not include reversion fromacting rank.

Textual Amendments

F413 Words inserted by Army and Air Force Act 1961 (c. 52), s. 37(1)(2)(c)

F414 Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)

F415 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F416 Words substituted by Armed Forces Act 1971 (c. 33), s. 68

Modifications etc. (not altering text)

C84 S. 201 excluded by Naval Discipline Act 1957 (c. 53), ss. 112(2), 113(2), Sch. 1 para.3, Sch. 2 para. 6

Marginal Citations

M82 1957 c. 53.

M83 1955 c. 19.

202 Temporary reception in civil custody of persons under escort. U.K.

(1) Where a person is in military custody when charged with, or with a view to his being charged with, anoffence against Part II of this Act, it shall be the duty of the governor, superintendent or other personin charge of a prison (not being a military prison), or of the person having charge of any police stationor other place in which prisoners may be lawfully detained, upon delivery to him of a written orderpurporting to be signed by the commanding officer of the person in custody to receive him into his custodyfor a period not exceeding seven days.

(2) This section shall have effect in the United Kingdom and in any colony.

203 Avoidance of assignment of or charge on military pay, pensions, etc. U.K.

(1) Every assignment of or charge on, and every agreement to assign or charge, any pay, military award,grant, pension or allowance payable to any person in respect of his or any other person’s service in HerMajesty’s military forces shall be void.

(2) Save as expressly provided by this Act, no order shall be made by any court the effect of which wouldbe to restrain any person from receiving anything which by virtue of this section he is precluded fromassigning and to direct payment thereof to another person.

(3) Nothing in this section shall prejudice any enactment providing for the payment of any sum to abankrupt’s trustee in bankruptcy for distribution among creditors.

(4) This section shall have effect in the United Kingdom and in any colony.

Modifications etc. (not altering text)

C85 S. 203(1)(2) excluded (1.8.1996 subject to arts. 4, 5 of the commencing S.I.) by 1995 c. 26, s. 166(5)(a) (with s. 167(4)); S.I. 1996/1675, arts. 3(b), 4, 5

S. 203(1)(2) excluded (1.8.1996 subject to arts. 4, 5 of the commencing S.R.) by 1995/3213(N.I. 22), art. 162(5)(a); S.R. 1996/284, arts. 3(1)(b), 4, 5

S. 203(1)(2) excluded (11.11.1999 for certain purposes otherwise 1.12.2000) by 1999 c. 30, s. 44(1)(a); S.I. 2000/1047, art. 2(2)(d), Sch. Pt. IV

204 Power of certain officers to take affidavits and declarations. U.K.

(1) An officer of the regular forces [F417 who is of or above the rank of major or is of the rank of captain and is a member ofthe legal [F418 services branch of any]corps of those forces] (hereinafter referred to as an “authorised officer") may, at a place outside the United Kingdom,take affidavits and declarations from any of the following persons, that is to say, persons subject tomilitary law and persons not so subject who are of any description specified in the Fifth Schedule to thisAct.

(2) A document purporting to have subscribed thereto the signature of an authorised officer in testimonyof an affidavit or declaration being taken before him in pursuance of this section and containing in thejurat or attestation a statement of the date on which and the place at which the affidavit or declarationwas taken and of the full name and rank of that officer shall be admitted in evidence without proof of thesignature being the signature of that officer or of the facts so stated.

[F419 (3) The power conferred by subsection (1) above may also be exercised by any officer empowered to takeaffidavits and declarations by section 204(1) of the M84 Air Force Act 1955 or section 10(1)of the M85 Emergency Laws (Miscellaneous Provisions) Act 1953.]

Textual Amendments

F417 Words substituted by Armed Forces Act 1981 (c. 55), s. 19(3)

F418 Words in s. 204(1) inserted (1.10.1996 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 35(1), Sch. 6 para. 2; S.I. 1996/2474, art. 2

F419 S. 204(3) added by Armed Forces Act 1971 (c. 33), s. 70(2)

Marginal Citations

M84 1955 c. 19.

M85 1953 c. 47.

[F420 204A Exclusion of enactments requiring fiat of Attorney General etc., in connection with proceedings. U.K.

With the exception of [F421 subsection (3A)] of section 132 of this Act, no enactment requiring thefiat or consent of the Attorney General or the Director of Public Prosecutions in connection with anyproceedings shall have effect in relation to proceedings under this Act.]

Textual Amendments

F420 S. 204A inserted by Armed Forces Act 1971 (c. 33), s. 45(1)

F421 Words in s. 204A substituted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1), Sch. 2 para.6; S.I. 1991/2719, art. 2

Part VI U.K. Application of Act and Supplemental Provisions

Persons subject to military law U.K.

205 Persons subject to military law: general provisions. U.K.

(1) The following persons are subject to military law:—

(a) every officer holding a land forces commission (within the meaning of any Order of Her Majesty for thetime being regulating the granting of commissions) and for the time being employed, or recalled foremployment, in Her Majesty’s service in any capacity in which he can be required to be employed as theholder of his commission;

(b) every officer holding a land forces commission (within the meaning aforesaid) who for the time beingis not employed, or not employed as mentioned in paragraph (a) of this subsection, but is liable (otherwisethan in specified circumstances only) to be recalled to military service under Her Majesty;

(c) every officer, not subject to military law under the foregoing provisions of this section, who beingthe holder of a land forces commission (within the meaning aforesaid) is employed in Her Majesty’s servicein employment of which it is an express condition that while employed therein he is to be subject tomilitary law;

(d) every officer, not subject to military law under the foregoing provisions of this section, who, withthe approval of [F422 the Defence Council] given subject to an express condition that while in that employment he is to be subject to militarylaw, is employed otherwise than in Her Majesty’s service;

(e) every officer holding a commission in the Territorial Army who is on the active list (as defined by theregulations for the Territorial Army) or on the permanent staff of the Territorial Army, [F423 or who is not on the said list but is called out on permanent service or is otherwiseserving (whether in pursuance of an obligation or not) with any body of troops for the time being subjectto military law;]

(f) every warrant officer, non-commissioned officer and soldier of the regular forces;

(g) every warrant officer, non-commissioned officer and man of the army reserve when called out on permanentservice or in aid of the civil power or when undergoing annual or other training (whether in pursuance ofan obligation or not), or when otherwise employed in Her Majesty’s service as mentioned in paragraph (c)of this subsection;

(h) every warrant officer, non-commissioned officer and man of the Territorial Army when embodied or calledout for home defence service, when undergoing training or attending drills or parades (whether in pursuanceof an obligation or not), or when serving on the permanent staff of the Territorial Army;

(i) every person in receipt of a pension in respect of service in the regular forces, or of such serviceand other service, who is employed in Her Majesty’s service as mentioned in paragraph (c) of thissubsection;

(j) every person not otherwise subject to military law who is serving in any force raised by order of HerMajesty outside the United Kingdom and is under the command of an officer holding a land forces commissionor a commission in the Territorial Army;

(k) every member of the Home Guard when on duty (as defined in the M86 Home Guard Act 1951) or during any period (as so defined) during which the platoon or otherpart of the Home Guard to which he belongs is mustered (as so defined).

(2) For the purposes of paragraph (d) of the last foregoing subsection a certificate of [F422 the Defence Council] that approval to a person’s employment was given subject to the condition mentioned in that paragraphshall be conclusive evidence of the facts stated in the certificate.

(3)F424

Textual Amendments

F422 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F423 Words substituted by Reserve Forces Act 1966 (c. 30), Sch. 1 para. 32; continued by Reserve Forces Act 1980 (c. 9), Sch. 8 para. 5(1)(a)

F424 S. 205(3) repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(2), Sch. 2

Marginal Citations

M86 1951 c. 8 (15 and 16 Geo. 6 &1 Eliz. 2).

206 Persons subject to military law: Commonwealth forces. U.K.

Members of a naval, military or air force being a Commonwealth force are subject to military law to suchextent, and subject to such adaptations and modifications, as may be provided by or under any enactmentrelating to the attachment of members of such forces.

207 Persons subject to military law: Colonial forces. U.K.

(1) Subject to the provisions of this section, where any military force is raised under the law of a colony,any such law—

(a) may make provision in relation to that force and the officers, warrant officers, non-commissionedofficers and soldiers thereof so as to have effect as well when they are outside as when they are withinthe limits of the colony;

(b) may apply in relation to the force and the officers, warrant officers, non-commissioned officers andsoldiers thereof all or any of the provisions of this Act, either with or without adaptations, modificationsor exceptions.

(2) Where any military force raised under the law of a colony is serving with part of the regular forces,the army reserve or the Territorial Army, then in so far as the law of the colony does not provide for thegovernment and discipline of the force and the members thereof this Act shall apply—

(a) to the officers thereof as it applies to officers holding land forces commissions, and

(b) to the warrant officers, non-commissioned officers and soldiers thereof as it applies to warrantofficers, non-commissioned officers and soldiers of the regular forces,

but subject to such adaptations, modifications or exceptions as may be specified in the general ordersof the officer, whether military, naval or air-force but not below the rank of colonel or correspondingrank, commanding the forces with which the force raised in the colony is serving.

(3) While any officer, warrant officer, non-commissioned officer or soldier belonging to a force raisedunder the law of a colony is attached to, doing duty with, or otherwise acting as part of or with anyportion of the regular forces, the army reserve or the Territorial Army [F425 outside that colony], the foregoing provisions of this section shall not apply in relation to him, but he shall be subjectto military law by virtue of this subsection and this Act shall apply to him as if he were a member of theregular forces.

Textual Amendments

F425 Words substituted by Army and Air Force Act 1961 (c. 52), s. 35

208 Persons subject to military law: attached members of naval and air forces. U.K.

Where a member of any of Her Majesty’s naval or air forces is attached to any part of the regularforces, the army reserve or the Territorial Army, he shall while so attached be subject to military law;and the provisions of the Sixth Schedule to this Act shall have effect as respects persons subject tomilitary law by virtue of this section.

[F426 208A Application of Act to passengers in H.M. ships and aircraft. U.K.

Part II of this Act shall, to such extent and subject to such modifications as may be prescribed byregulations made by the Defence Council, apply to persons embarked as passengers on board Her Majesty’sships or aircraft (not being persons who are subject to military law by virtue of any of the foregoingprovisions of this Act, or persons who are subject to air-force law or to the M87 NavalDisciplineAct 1957) as it applies to persons subject to military law.]

Textual Amendments

F426 S. 208A inserted by Armed Forces Act 1971 (c. 33), s. 72(1)

Marginal Citations

M87 1957 c. 53.

209 Application of Act to civilians. U.K.

(1) Subject to the modifications hereinafter specified, where any body of the regular forces is on activeservice, Part II of this Act shall apply to any person who is employed in the service of that body of theforces or any part or member thereof, or accompanies the said body or any part thereof, and is not subjectto military law, [F427 the M88 Naval Discipline Act 1957], or air-force law apart from this section or any corresponding provisions of that Act or the M89 Air Force Act 1955, as the said Part II applies to persons subject to military law.

(2) Subject to the modifications hereinafter specified, Part II of this Act shall at all times apply to aperson of any description specified in the Fifth Schedule to this Act who is within the limits of thecommand of any officer commanding a body of the regular forces outside the United Kingdom, and is notsubject to military law, [F427 the M90 Naval Discipline Act 1957], or air-force law apart from this section or any corresponding provisions of that Act or the M91 Air Force Act 1955, as the said Part II applies to persons subject to military law:

Provided that none of the provisions contained in sections twenty-four to sixty-nine of this Act shallapply to a person by virtue only of this subsection [F428 except section 29, sections 35 and 36, sections 55 to 57, and section 68 so far asit relates to those sections].

(3) The said modifications are the following:

[F429 (a) on a trial—

(i) a court-martial may award the punishments specified in paragraphs (a), (b) and (h) of section 71(1)above, except that section 71(5)(a) above shall not apply to the amount of a fine;

(ii) a Standing Civilian Court established under the M92 Armed Forces Act 1976 may award anypunishment authorised for such courts by section 8 of that Act; and

(iii) a court-martial or Standing Civilian Court may make any order authorised by Schedule 5A below;

(aa) any such order shall be treated as a punishment for the purposes of this Act;

(ab) paragraph 15 of Schedule 5A below shall have effect in substitution for the words in section 71(1) abovefrom “and references in this Act" to the end;]

(b) the punishment which may be awarded where a charge is dealt with summarily shall, in the case of anyoffence, be a fine not exceeding [F430 £100], but no other punishment;

(c) the following provision shall have effect in substitution for subsections (2) to (4) of sectionseventy-four, that is to say that a person may be arrested by a provost officer, by any warrant officer ornon-commissioned officer legally exercising authority under a provost officer or on his behalf, or by orderof any officer of the regular forces;

(d) where a charge is being dealt with summarily and it [F431 is considered] that the accused is guilty, a finding shall not be recorded until after the accused has been affordedan opportunity of electing to be tried by court-martial, and if the accused so elects [F432 and does not subsequently in accordance with Rules of Procedure withdraw his election] a finding shall notbe recorded but such steps shall be taken with a view to the charge being tried by court-martial as may beprescribed by Rules of Procedure;

(e) the provisions of this Act relating to the investigation of, and summary dealing with, offences shallsave as otherwise expressly provided apply as they apply to officers and warrant officers;

(f) for the purposes of the provisions of this Act relating to the investigation of offences, the commandingofficer shall be such officer as may be determined by or under regulations of [F433 the Defence Council] made for the purposes of this section;

[F434 (fa) a court-martial for the trial of any such person as in mentioned in subsection (1) or (2) above mayinclude in place of the correspondiong number of officers—

(i) if it is a general court-martial constituted under section 87 above, not more than two persons who arein the service of the Crown and are persons such as are mentioned in subsection (1) or (2) above, and

(ii) if it is a district court-martial constituted under section 88 above, nor more than one person who isin the service of the Crown and is himself a person such as is mentioned in either of those subsections,

but a person who is a member of a court-martial by virtue of this paragraph shall not be appointed thepresident of the court-martial;]

(fb)

F435 (g) for references in sections one hundred and thirty-one and one hundred and thirty-two of this Act tobeing, continuing, or ceasing to be subject to military law there shall be substituted references to being,continuing to be or ceasing to be in such circumstances that the said Part II applies, and subsection (3)of the said section one hundred and thirty-one shall not apply.

[F436 (3A) For the purposes of paragraph (g) of subsection (3) of this section a person shall be deemed not to haveceased to be in such circumstances as are mentioned in that paragraph if he has so ceased by reason onlyof one or both of the following, namely—

(a) the fact that he has ceased to be within the limits of a command within whose limits he continues tohave his ordinary residence or to serve or to be employed;

(b) the fact that there has been an interruption of his residence with a family of persons whose place ofresidence continues to be his home.]

[F437 (3B) In their application to any area for which Standing Civilian Courts are established under the M93 Armed Forces Act 1976—

(a) section 75(2) above shall have effect as if references to the assembling of a court-martial for aperson’s trial included references to his being brought before a Standing Civilian Court;

(b) section 103(1) above shall have effect—

(i) as if the words “with respect to the hearing by courts-martial of appeals pursuant to paragraph 18of Schedule 3 to the M94 Armed Forces Act 1976 against finding and sentences of StandingCivilian Courts established under that Act" were inserted after the word “authorities"; and

(ii) as if the words “and may prescribe modifications of sections 76, 77, 79 and 80 above in relation tocharges which may be tried by Standing Civilian Courts and which are brought against persons whom suchcourts may try" were added at the end; and

(c) subsection (3) above shall have effect in relation to charges which may be tried by Standing CivilianCourts and which are brought against persons whom such courts may try, but without prejudice to its effectin relation to other charges, as if the following paragraph were substituted for paragraph (e):—

“(e) sections 76, 77, 79 and 80 above shall apply as they apply to officers and warrant officers, subjectto such modifications consequential on the establishment of Standing Civilian Courts as may be prescribedby Rules of Procedure and by any order under paragraph 12 of Schedule 3 of the ArmedForces Act 1976;”]

[F438 (4) A fine awarded against any person by virtue of this section by a court-martial, a Standing CivilianCourt or the appropriate superior authority, and a sum which an order under paragraph 11 of Schedule 5Abelow requires any person to pay shall be recoverable, in the United Kingdom or any colony, as a debt dueto Her Majesty.

(4A) The registration of a financial penalty enforcement order under section 133A above shall not affect thepower of recovery in a colony conferred by subsection (4) above.

(4B) Section 199 above shall apply to persons such as are mentioned in subsection (1) or (2) above, as itapplies to persons subject to military law.]

[F439 (5) This section does not apply to any person to whom section 208A above applies.]

Subordinate Legislation Made

P1 S. 209 (with s. 103) power exercised (9.12.1991) by S.I.1991/2787

Textual Amendments

F427 Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)

F428 Words substituted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 1(9)(a)

F429 S. 209(3)(a)(aa)(ab) substituted for s. 209(3)(a) by Armed Forces Act 1976 (c. 52), Sch.9 para. 5

F430 Words substituted by Armed Forces Act 1981 (c. 55), Sch. 1 para. 1

F431 Words substituted by Armed Forces Act 1981 (c. 55), Sch. 2 para. 2

F432 Words in s. 209(3)(d) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 11(2); S.I. 1991/2719, art. 2 (with art. 3(1))

F433 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F434 S. 209(3)(fa) inserted by Armed Forces Act 1976 (c. 52), s. 9(1)

F435 S. 209(3)(fb) repealed by Armed Forces Act 1981 (c. 55), Sch. 5 Pt. II

F436 S. 209(3A) inserted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 8(1)

F437 S. 209(3A), which was inserted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 6,renumbered as subsection (3B) by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 8(1)

F438 S. 209(4)(4A)(4B) substituted for s. 209(4) by Armed Forces Act 1976 (c. 52), Sch. 9para. 7

F439 S. 209(5) added by Armed Forces Act 1971 (c. 33), s. 72(2)

Marginal Citations

M88 1957 c. 53.

M89 1955c. 19.

M90 1957 c. 53.

M91 1955c. 19.

M92 1976 c. 52.

M93 1976c. 52.

M94 1976 c. 52.

Application of Act to particular corps and forces U.K.

210 Provisions as to Royal Marines. U.K.

(1) The Royal Marines shall be a separate corps of the regular forces.

(2) In section two hundred and five of this Act—

(a) any reference to a land forces commission shall be construed as including a reference to a commissionin the Royal Marines;

(b) any reference to a [F440 warrant officer] non-commissioned officer or man of the army reserve called out on permanent service or undergoingannual or other training shall be construed as including a reference to a [F440 warrant officer] non-commissioned officer or marine of the [F441 Royal Marines Reserve or] the Royal Fleet Reserve F442 called into actual service or being trained or exercised.

(3) An officer, [F440 warrant officer] non-commissioned officer or marine of the Royal Marines, the [F441 Royal Marines Reserve or] the Royal Fleet Reserve, F442 shall continue subject to military law notwithstanding that he may for thetime being be subject to [F443 the M95 Naval Discipline Act 1957].

(4) In relation to the Royal Marines and the officer, officers, [F444 warrant officers] non-commissioned officers and marines thereof, and to officers, [F444 warrant officers] non-commissioned officers and marines of the [F441 Royal Marines Reserve or] the Royal Fleet Reserve, F442 this Act shall have effect subject to the modifications set out in Parts Iand II of the Seventh Schedule thereto.

(5) The provisions of Part III of the Seventh Schedule to this Act shall have effect as respects transfersbetween the Royal Marines and other corps of the regular forces in substitution for the provisions ofsubsections (3) and (4) of section three of this Act.

Textual Amendments

F440 Words inserted by Armed Forces Act 1971 (c. 33), Sch. 3 para. 4(1)(a)

F441 Words substituted by Armed Forces Act 1981 (c. 55), Sch. 4 para. 1(1)

F442 Words repealed by Navy, Army and Air Force Reserves Act 1959 (c. 10), Sch.

F443 Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)

F444 Words inserted by Armed Forces Act 1971 (c. 33), Sch. 3 para. 4(1)(b)

Modifications etc. (not altering text)

C86 S. 210(2)(b) extended by Reserve Forces Act 1980 (c. 9), Sch. 8 para.5(3)

Marginal Citations

M95 1957 c. 53.

211 Application of Act to reserve and auxiliary forces. U.K.

(1) Subject to the provisions of this section, references in Parts II to V of this Act to the regular forcesshall include references to the following persons, that is to say—

(a) officers of any reserve of officers while subject to military law, and officers who have retired (withinthe meaning of any Royal Warrant) but are for the time being subject to military law, and

(b) officers holding commissions in the Territorial Army while the part of the Territorial Army to whichthey belong is embodied or while they are called out for home defence service or are undergoing training,and

(c) warrant officers, non-commissioned officers and men of the army reserve and the Territorial Army whilesubject to military law;

and references to officers, warrant officers, non-commissioned officers or soldiers, or to members ora body, of the regular forces or to illegal absence from those forces shall be construed accordingly.

(2) Subsections (1), (5) and (6) of section seventeen of this Act shall apply to warrant officers,non-commissioned officers and men of the army reserve and the Territorial Army as they apply to warrantofficers, non-commissioned officers and soldiers of the regular forces.

(3)

F445 (4) F446 , sections one hundred and fifty to one hundred and fifty-three of this Act and,except in so far as they may be applied by regulations made under [F447 the M96 Reserve Forces Act 1980], the provisions of Part II of this Act relating to the award of stoppages and the provisions ofsections one hundred and forty-four to one hundred and forty-nine of this Act, shall not apply—

(a) to officers of any reserve of officers who are not in actual service,

(b) to warrant officers, non-commissioned officers or men of the army reserve except when called out onpermanent service, or

(c) to officers, warrant officers, non-commissioned officers or men of the Territorial Army except when thepart of the Territorial Army to which they belong is embodied or they are called out for home defenceservice.

(5) In the last foregoing subsection the expression “actual service”, in relation to an officer of any reserve of officers, means that he isserving (otherwise than when undergoing training) with a body of the regular forces, or of the army reservewhen called out on permanent service, or with [F448 members of the territorial and army volunteer reserve who are serving in pursuanceof [F449 section 10(1) or section 11(1) of the M97 Reserve Forces Act 1980]] or called out for home defence service.

(6) The provisions of sections one hundred and eighty-two and one hundred and eighty-three of this Act shallnot apply at any time to officers holding commissions in the Territorial Army or to warrant officers,non-commissioned officers or men of the Territorial Army; and the provisions of the said section one hundredand eighty-three shall not apply to a warrant officer, non-commissioned officer or man of the army reserveexcept when he is called out on permanent service.

(7) In the case of a non-commissioned officer or man of the Territorial Army found guilty of an offence bya court-martial or his commanding officer, Part II of this Act shall apply as if in the scale set out in [F450 section 71(1) there were inserted immediately before paragraph (h)] the following paragraph—

[F450 “(gg)”] dismissal from the Territorial Army,

and as if the punishments specified in subsection (3) of section seventy-eight of this Act includeddismissal from the Territorial Army:

Provided that if the commanding officer awards such dismissal he shall not award any other punishment.

(8) An officer of any reserve of officers, an officer holding a commission in the Territorial Army, or awarrant officer, non-commissioned officer or man of the army reserve or the Territorial Army may be attachedtemporarily to any of Her Majesty’s naval or air forces whether or not he is subject to military law, butif not subject thereto shall not be so attached except with his consent.

Textual Amendments

F445 S. 211(3) repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

F446 Words repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

F447 Words substituted by Reserve Forces Act 1980 (c. 9), s. 157(1), Sch. 9 para. 2(a)

F448 Words substituted by Reserve Forces Act 1966 (c. 30), Sch. 1 para. 34

F449 Words substituted by Reserve Forces Act 1980 (c. 9), s. 157(1), Sch. 9 para. 2(b) 2

F450 Words substituted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 1(10)

Modifications etc. (not altering text)

C87 Reference to territorial and army volunteer reserve in s. 211(5) to be construed asreference to Territorial Army: Reserve Forces Act 1982 (c. 14), s. 1(2)(b)

Marginal Citations

M96 1980 c. 9.

M97 1980 c. 9.

212 Provisions as to Home Guard. U.K.

(1) Subject to the provisions of this section references in Parts II to V of this Act to the regular forcesshall include references to members of the Home Guard while subject to military law.

(2) A person shall not be charged with an offence against section seventy of this Act if he is subject tomilitary law by reason only of being a member of the Home Guard.

(3) The provisions of Part II of this Act relating to the award of stoppages, of Part III of this Act, andof sections one hundred and eighty-two and one hundred and eighty-three of this Act shall not apply tomembers of the Home Guard at any time.

(4) Section one hundred and eighty of this Act shall not apply to a person by reason only that he is servingon a commission in the Home Guard.(15 and 16 Geo. 6 & 1 Eliz. 2).

(5) Notwithstanding anything in regulations under section eighty-two of this Act, where by or under suchregulations the functions of a commanding officer are conferred on an officer serving on a commission inthe Home Guard, he shall not have power to deal with a charge summarily except during a period during whichthe platoon or other part of the Home Guard to which the accused belongs is mustered (as defined in the M98 Home Guard Act 1951).

(6) For the purposes of subsection (2) of section eighty-seven and subsection (2) of section eighty-eightof this Act, and of the proviso to subsection (3) of section ninety thereof, any period of service on acommission in the Home Guard shall be disregarded.

Marginal Citations

M98 1951 c. 8

213 Modification of certain provisions in relation to women. U.K.

In relation to women members of the regular forces this Act shall have effect subject to the followingmodifications:—

(a)

F451 (b)

F452 (c) references in sections one hundred and fifty and one hundred and fifty-one to a wife shall be construedas references to a husband.

Textual Amendments

F451 S. 213(a) repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), ss. 14, 16(2),Sch. 2

F452 S. 213(b) repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

Application to different countries U.K.

214 Application to Scotland. U.K.

(1) The provisions of this section shall have effect for the purpose of the application of this Act toScotland.

(2) For any reference to a county court there shall be substituted a reference to the sheriff; and thepowers and duties conferred or imposed on a justice of the peace may be exercised or performed either bysuch justice or by the sheriff.

(3) References in subsection (2) of section one hundred and twenty-five and in subsection (1) of sectionone hundred and twenty-eight to the M99 Capital Punishment Amendment Act 1868, or to anyprovision of that Act shall respectively be construed as references to that Act as it applies to Scotlandor to the corresponding provision of that Act applying to Scotland, and references in the said subsection(2) and subsection (1) to the sheriff shall be construed as references to the lord provost or provost, ormagistrate or magistrates, charged with seeing the sentence of death carried into effect.

(4) In subsection (2) of section one hundred and twenty-eight for the reference to [F453 the Coroners Acts 1887 to 1926][F453 the Coroners Act 1988]there shall be substituted a reference to section twenty-five of the M100 Prisons(Scotland) Act 1952, and that section as applied in relation to any such premises as are mentioned in thesaid subsection (2) shall have effect subject to the necessary modifications.

[F454 (4A) In section 150, at the end of subsection (5), there shall be added the words “and to any sum awardedas inlying expenses in a decree of affiliation and aliment"].

(5) For any reference to the Minister of Housing and Local Government there shall be substituted a referenceto the Secretary of State; and the local authority for the purposes of Part IV of this Act shall be a [F455 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

(6) Section one hundred and eighty-seven shall have effect as if subsection (4) were omitted.

(7) Section one hundred and ninety-five shall have effect as if for the obligation imposed by subsection(4) on the officer therein mentioned to bring a person before a court of summary jurisdiction there weresubstituted an obligation to report to the procurator fiscal.

(8) F456 the expression “chattel” means corporeal moveable.

[F457 (9) Where by virtue of this Act a document is admissible in evidence or is evidence of any matter statedin it in proceedings before a civil court in England, it shall be sufficient evidence of the matter sostated in such proceedings in Scotland.]

Textual Amendments

F453 Words “the Coroners Act 1988" substituted (E.W.) for words “the Coroners Acts 1887 to 1926" by Coroners Act 1988 (c. 13, SIF 33), s. 36(1), Sch. 3 para. 7

F454 S. 214(4A) inserted by Armed Forces Act 1966 (c. 45), s. 37(3), Sch. 4

F455 Words in s. 214(5) substituted (S.) (1.4.1996 subject to art. 4(2) of the commencing S.I.) by 1994 c. 39, s. 180(1), Sch. 13 para. 44(2); S.I. 1996/323, art. 4(1)(c)

F456 Words repealed by Army and Air Force Act 1961 (c. 52), s. 29(2)(b)

F457 S. 214(9) inserted by Armed Forces Act 1971 (c. 33), s. 76

Marginal Citations

M99 1868 c. 24.

M100 1952 c. 61.

215 Application to Northern Ireland. U.K.

(1) The provisions of this section shall have effect for the purpose of the application of this Act toNorthern Ireland.

(2) F458 all fines imposed in proceedings taken before a court of summary jurisdictionin Northern Ireland shall be dealt with in the manner provided by section twenty of the M101 Administration of Justice Act (Northern Ireland) 1954.

(3)

F459 (4) References in subsection (2) of section one hundred and twenty-five and in subsection (1) of sectionone hundred and twenty-eight to the M102 Capital Punishment Amendment Act 1868, or to anyprovision of that Act F460 shall F460 be construed as references to that Act or provision as in force from time totime in Northern Ireland F460 , and, accordingly, references in the said subsections to the sheriff shallbe construed as references to the under-sheriff.

(5) References in subsection (2) of section one hundred and twenty-eight to [F461 the Coroners Acts 1887 to 1926][F461 the Coroners Act 1988], shall be construed as references to section thirty-nine of the M103 Prison Act(Northern Ireland) 1953; and that section as applied in relation to any such premises as are mentioned inthe said subsection (2) shall have effect subject to the necessary modifications.

[F462 (5A) Where a financial penalty enforcement order has been registered under section 133A above by a court ofsummary jurisdiction in Northern Ireland in respect of any person, a justice of the peace may issue asummons to that person requiring him to appear before the court which registered that penalty or a warrantfor the arrest of that person.

(5B) Where a person appears before a court of summary jurisdiction in Northern Ireland in pursuance of asummons or warrant issued under subsection (5A) above, the court may exercise the like powers as areconferred on it by [F463 Part IX of the M104 Magistrates’ Courts (Northern Ireland)Order 1981] (satisfaction and enforcement of orders).

(5C) A financial penalty enforcement order shall be registered in Northern Ireland under section 133A abovein accordance with Magistrates’ Courts Rules.]

F464 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F465 (6A) The reference in section 151A(1) to any judgment or order enforceable by a court in the United Kingdomshall include a reference to a judgment enforceable by the Enforcement of Judgments Office.]

(7) In Part IV of this Act references to a local authority shall be construed as references to a [F466 Health and Social Services Board established under the M105 Health and Personal Social Services (Northern Ireland) Order 1972] references to the Minister of Housing and Local Government shall be construed as references to the [F467 Department of Health and Social Services] for Northern Ireland, and references to a chief officer of police shall be construed as referencesto a [F467 chief superintendent of the Royal Ulster Constabulary or any other officer having arank equivalent to chief superintendent].

(8) For the reference in section one hundred and seventy-three to section thirty-five of the M106 Road Traffic Act 1930, there shall be substituted a reference to section [F467 75 of the M107 Road Traffic Act (Northern Ireland) 1970 or anycorresponding enactment for the time being in force in Northern Ireland].

(9) For the reference in subsection (4) of section one hundred and eighty-seven to [F468 the M108 Magistrates’ Courts Act 1980], there shall be substituted a reference to the Summary Jurisdiction Acts (Northern Ireland) and therules made thereunder.

(10) For the reference in subsection (3) of section two hundred and three to a bankrupt’s trustee inbankruptcy there shall be substituted a reference to an assignee in bankruptcy.

(11)F469

Textual Amendments

F458 Words repealed by Northern Ireland Act 1962 (c. 30), Sch. 4 Pt. IV

F459 S. 215(3) repealed by S.I. 1973/2163, Sch. 6

F460 Words repealed by Northern Ireland (Emergency Provisions) Act 1973 (c. 53), Sch. 5

F461 Words “the Coroners Act 1988" substituted (E.W.) for words “the Coroners Acts 1887to 1926" by Coroners Act 1988 (c. 13, SIF 33), s. 36(1), Sch. 3 para. 8

F462 S. 215(5A)—(5C) inserted by Armed Forces Act 1976 (c. 52), s. 16, Sch. 8 para. 4(1)

F463 Words substituted by S.I. 1981/1675 (N.I.26), Sch. 6 para. 8

F464 S. 215(6) repealed (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 185(2), Sch. 10; S.R. 1996/297, art. 2(2)

F465 S. 215(6A) inserted by S.I. 1979/298, art. 2

F466 Words substituted by S.R. & O. (N.I.) 1973/256, Sch. 2

F467 Words substituted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 8

F468 Words substituted by Magistrates' Courts Act 1980 (c. 43), Sch. 7 para. 12

F469 S. 215(11) repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. I

Marginal Citations

M101 1954 c. 9(N.I.)

M102 1868 c. 24.

M103 1953 c. 18 (N.I.)

M104 S.I. 1981/1675 (N.I. 26)

M105 S.I. 1972/1265 (N.I.14)

M106 1930 c.43.

M107 1970 c. 2 (N.I.)

M108 1980 c. 43.

216 Application to Channel Islands and Isle of Man. U.K.

[F470 (1) This Act extends to the Channel Islands and the Isle of Man subject to the following provisions of this setion and to such modifications as Her Majesty may by Order in Counsil specify; and, where any such modification refers to any law for the time being in force in any of the Channel Islands or the Isle of Man, the modification may be expressed to have effect for all purposes of this Act to the Channel Islands or the Isle of Man, as the case may be).]

(2) Subject as hereinafter provided, references except in Part IV of this Act to the United Kingdom shallbe construed as including references to the Channel Islands and the Isle of Man.

(3) References in sections one hundred and nineteen, one hundred and twenty-six, one hundred andtwenty-seven and one hundred and forty-three to the United Kingdom shall not include references to theChannel Islands or the Isle of Man, and references in the said section one hundred and twenty-seven to acolony shall include references to the Channel Islands and the Isle of Man.

F471 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F470 S. 216(1) substituted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 24(1); S.I. 1991/2719, art. 2 (with art. 3(1))

F471 S. 216(4) repealed (1.6.1996 subject to art. 3 of the commencing S.I.) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 24(3), 26(2), Sch. 3; S.I. 1996/1173, art. 2

Modifications etc. (not altering text)

C88 S. 216 modified (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 24(4); S.I. 1991/2719, art. 2 (with art. 3(1))

S. 216 applied (11.5.2001) by 2001 c. 19, s. 36(1)

217 Application to certain overseas territories. U.K.

(1) This Act shall apply in relation to any territory under Her Majesty’s protection, and any territory forthe time being administered by Her Majesty’s Government in the United Kingdom under the trusteeship systemof the United Nations, as it applies in relation to a colony; and accordingly references in this Act to HerMajesty’s dominions shall be construed as including references to any such territory.

(2) References in this Act to the law of a colony shall include, in relation to two or more colonies undera central legislature, references to law made by that legislature.

218 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F472 U.K.

Textual Amendments

F472 S. 218 repealed by Federation of Malaya Independence Act 1957 (c. 60), Sch. 2

219 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F473 U.K.

Textual Amendments

F473 S. 219 repealed by Armed Forces Act 1966 (c. 45), s. 37(3), Sch. 5

Supplemental provisions U.K.

220 Jurisdiction of courts. U.K.

(1) In the United Kingdom or any colony, a civil court of any description having jurisdiction in the placewhere an offender is for the time being shall have jurisdiction to try him for any offence to which thissection applies which is triable by a court of that description notwithstanding that the offence wascommitted outside the jurisdiction of the court:

Provided that such an offence committed in any part of the United Kingdom shall not be triable outsidethat part of the United Kingdom.

(2) The offences to which this section applies are offences against any of the following sections of thisAct, that is to say, section nineteen, section one hundred and sixty-one, section one hundred andseventy-one, and sections one hundred and ninety-one to one hundred and ninety-seven; and references in thissection to a part of the United Kingdom are references to England and Wales, Scotland or Northern Ireland.

221 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F474 U.K.

Textual Amendments

F474 S. 221 repealed by Criminal Justice Act 1972 (c. 71), Sch. 6 Pt. II

222 Provisions as to summary fines in Colonies. U.K.

In the application of this Act to any colony, there shall, if the law of the colony so provides, besubstituted for the amount of any fine specified in this Act, being a fine which may be imposed on summaryconviction, such amount as may be provided by that law; and it shall be competent for the law of any colonyto declare what amount of the local currency is to be treated for the purposes of this Act as equivalentto any amount of money specified in this Act.

223 Execution of orders, instruments, etc. U.K.

Save as expressly provided by any rules or regulations under this Act, any order or determinationrequired or authorised to be made under this Act by any military, naval or air-force officer or authoritymay be signified under the hand of any officer authorised in that behalf; and any instrument signifying suchan order or determination and purporting to be signed by an officer stated therein to be so authorised shallunless the contrary is proved be deemed to be signed by an officer so authorised.

224 Provisions as to active service. U.K.

(1) In this Act the expression “on active service”, in relation to a force, means that itis engaged in operations against an enemy or [F475 is engaged elsewhere than in the United Kingdom in operations for the protection oflife or property] or (subject to the provisions of this section) is in military occupation of a foreign country, andin relation to a person means that he is serving in or with a force which is on active service.

(2) Where any of Her Majesty’s military forces is serving outside the United Kingdom, and it appears to theappropriate authority that, by reason of the imminence of active service or of the recent existence ofactive service, it is necessary for the public service that the force should be deemed to be on activeservice, the appropriate authority may declare that for such period, not exceeding three months, beginningwith the coming into force of the declaration as may be specified therein that force shall be deemed to beon active service.

(3) Where it appears to the appropriate authority that it is necessary for the public service that theperiod specified in a declaration under the last foregoing subsection should be prolonged or, if previouslyprolonged under this subsection, should be further prolonged, the appropriate authority may declare thatthe said period shall be prolonged by such time, not exceeding three months, as may be specified in thedeclaration under this subsection.

(4) If at any time while any force—

(a) is on active service by reason only of being in military occupation of a foreign country; or

(b) is deemed to be on active service by virtue of the foregoing provisions of this section,

it appears to the appropriate authority that there is no necessity for the force to continue to betreated as being on active service, the appropriate authority may declare that as from the coming intooperation of the declaration the force shall cease to be, or to be deemed to be, on active service.

(5) Before any declaration is made under this section, the appropriate authority shall, unless satisfiedthat it is not possible to communicate with sufficient speed with the Secretary of State, obtain the consentof the Secretary of State to the declaration; and in any case where that consent has not been obtainedbefore the making of a declaration under this section the appropriate authority shall report the makingthereof to the Secretary of State with the utmost practicable speed.

(6) The Secretary of State may, if he thinks fit, direct that any declaration whereby any force is deemedto be, or to continue, on active service shall cease to have effect as from the coming into force of thedirection; but any direction under this subsection shall be without prejudice to anything done by virtueof the declaration before the coming into force of the direction.

(7) A declaration under this section shall have effect not only as respects the members of the force towhich it relates but also as respects other persons the application to whom of any provisions of this Actdepends on whether that force is on active service.

(8) In this section the expression “the appropriate authority” means—

(a)

F476 (b) in relation to any force F477 , the general officer or brigadier commanding the force, so however that wherethe force is under the command of a flag officer or air officer that officer shall be the appropriateauthority.

(9)

F478 (10) Any declaration or direction under this section shall come into operation on being published in generalorders.

Textual Amendments

F475 Words substituted by Armed Forces Act 1966 (c. 45), s. 20

F476 S. 224(8)(a) repealed by Armed Forces Act 1966 (c. 45), s. 20, Sch. 5

F477 Words repealed by Armed Forces Act 1966 (c. 45), ss. 20, 37(3), Sch. 5

F478 S. 224(9) repealed by Armed Forces Act 1966 (c. 45), ss. 20, 37(3), Sch. 5

225 General provisions as to interpretation. U.K.

(1) In this Act:—

• “acting rank” means rank of any description (however called) such that under Queen’sRegulations a commanding officer has power to order the holder to revert from that rank, “actingwarrant officer” and “acting non-commissioned officer” shall be construedaccordingly, F479 ;

• “active service” shall be construed in accordance with the last foregoing section;

• “aircraft” means any machine for flying, whether propelled by mechanical means or not, andincludes any description of balloon;

• “aircraft material” includes—

(a) parts of, and components of or accessories for, aircraft, whether for the time being in aircraft or not;

(b) engines, armaments, ammunition and bombs and other missiles of any description in, or for use in,aircraft;

(c) any other gear, apparatus or instruments in, or for use in, aircraft;

(d) any apparatus used in connection with the taking-off or landing of aircraft or for detecting themovement of aircraft; and

(e) any fuel used for the propulsion of aircraft and any material used as a lubricant for aircraft oraircraft material;

• [F480 “air signal” means any message, signal or indication given, by any means whatsoever, forthe guidance of aircraft or a particular aircraft];

• “appropriate superior authority” has the meaning assigned to it by subsection (1) ofsection seventy-seven and subsection (2) of section eighty-two of this Act;

• “arrest” includes open arrest;

• “before the enemy”, in relation to a person, means that he is in action against the enemyor about to go into action against the enemy, or is under attack or threat of imminent attack by the enemy;

• “civil court” means a court of ordinary criminal jurisdiction but does not, except whereotherwise expressly provided, include any such court outside Her Majesty’s dominions;

• “civil offence” has the meaning assigned to it by subsection (2) of section seventy of thisAct;

• “commanding officer” has the meaning assigned to it by subsection (1) of section eighty-twoof this Act;

• [F481 “Commonwealth force” means any of the naval, military or air forces of Canada, theCommonwealth of Australia, New Zealand, [F482 South Africa]India, [F483 Pakistan,] Ceylon, Ghana, Malaysia, the Republic of Cyprus, Nigeria, Sierra Leone, Tanganyika, Jamaica, Trinidadand Tobago, Uganda, Kenya, Zanzibar, Malawi, Zambia, Malta, The Gambia, Guyana, Botswana, Lesotho,Singapore, Barbados, Mauritius, Swaziland, Tonga, Fiji, the Bahamas, Bangladesh, Grenada, Seychelles,Solomon Islands, Tuvalu, Dominica, Saint Lucia, Kiribati, Saint Vincent and the Grenadines, Papua NewGuinea, Western Samoa, Nauru, the New Hebrides, Zimbabwe, Belize or Antigua and Barbuda [F484 or Saint Christopher and Nevis][F485 or Brunei or Maldives][F486 or Namibia]];

• “constable” includes any person (whether within or outside the United Kingdom) havingpowers corresponding with those of a constable;

• “corps” means any such body of [F487 Her Majesty’s military forces] as may from time to time be declared by warrant of Her Majesty to be a corps for the purposes of thisAct;

• “corresponding civil offence” has the meaning assigned to it by subsection (2) of sectionseventy of this Act;

• “corresponding rank,” in relation to any rank or rating of any of Her Majesty’s naval,military or air forces, means such rank or rating of any other of those forces as may be declared by Queen’sRegulations to correspond therewith;

• “court-martial,” except where it is otherwise expressly provided, means a court-martialunder this Act;

• “damage” includes destruction, and references to damaging shall be construed accordingly;

• “decoration” includes medal, medal ribbon, clasp and good-conduct badge;

• “desertion” shall be construed in accordance with subsection (2) of section thirty-sevenof this Act;

• “enemy” includes all persons engaged in armed operations against any of Her Majesty’sforces, [F488 or any forces co-operating therewith] and also includes all armed mutineers, armed rebels, armed rioters and pirates;

• “Governor” means, in relation to any colony, the officer, however styled, who is for thetime being administering the government of the colony F489 , but where two or more colonies or the parts of any colony are under localgovernments and also under a central government, references to the Governor shall be construed as referencesto the officer, however styled, who is for the time being administering the central government;

• [F490 “handles” has the same meaning as in the M109 Theft Act 1968];

• “Her Majesty’s air forces", “Her Majesty’s military forces" or “Her Majesty’s navalforces"F491 , except where otherwise expressly provided, does not include any Commonwealthforce [F492 and references to “Her Majesty’s forces”, except in sections F493 177, shall be construed accordingly];

• except where the context otherwise requires “oath” includes affirmation, and referencesto swearing shall be construed accordingly;

• “property” includes real property in England or Wales or Northern Ireland, heritableproperty in Scotland, and property outside the United Kingdom of the nature of real property;

• “provost officer” means a provost marshal or officer appointed to exercise the functionsconferred by or under this Act on provost officers and includes a naval provost marshal, an assistant toa naval provost marshal, and an officer appointed to exercise functions conferred by or under the M110 Air Force Act 1955, and corresponding with those of a provost officer under this Act;

• “public property” means any property belonging to any department of Her Majesty’sGovernment in the United Kingdom or the Government of Northern Ireland or held for the purposes of any suchdepartment;

• “Queen’s Regulations” means the Queen’s Regulations for the Army;

• “regular forces” means any of Her Majesty’s military forces other than the army reserve,the Territorial Army and the Home Guard, and other than forces raised under the law of a colony, so howeverthat an officer of any reserve of officers, or an officer who is retired within the meaning of any RoyalWarrant, shall not be treated for the purposes of this Act as a member of the regular forces save in so faras is expressly provided by this Act;

• “Royal Warrant” means the warrant or warrants of Her Majesty for the time being in forcefor regulating the pay and promotion of the army;

• “Rules of Procedure” has the meaning assigned to it by section one hundred and three ofthis Act;

• “service”, when used adjectivally, means belonging to or connected with Her Majesty’smilitary forces or any part of Her Majesty’s military forces;

• [F494 “service law” means military law, air-force law or the M111 Naval DisciplineAct 1957;]

• “service property” includes property belonging to any joint association or territorial armyassociation within the meaning of [F495 the M112 Reserve Forces Act 1980], or to the Navy, Army and Air Force Institutes;

• “ship” includes any description of vessel;

• [F496 “steals” has the same meaning as in the M113 Theft Act 1968, and referencesto “stolen goods” shall be construed as if contained in that Act];

• “stoppages” means the recovery, by deductions from the pay of the offender, of a specifiedsum by way of compensation F497 . . ..

[F498 (1A) Any reference in this Act to Her Majesty’s aircraft is a reference to aircraft in the service of HerMajesty, whether belonging to Her Majesty or not, but does not include a reference to aircraft of aCommonwealth force other than aircraft placed at the disposal of Her Majesty for service with any of HerMajesty’s forces, and any reference to aircraft material shall be construed accordingly.

(1B) Any reference in this Act to Her Majesty’s ships is a reference to ships in the service of Her Majesty,whether belonging to Her Majesty or not, but does not include a reference to ships of any Commonwealthforce other than ships placed at the disposal of Her Majesty for service with any of Her Majesty’s forces].

[F499 (1C) References in this Act, in relation to any of Her Majesty’s forces, to an officer holding acommission include references to a person to whom a commission is required to be issued; and for thepurposes of this Act, where a commission issued to any person takes effect from a date earlier than the dateof its issue, that earlier date shall be conclusively presumed to be the date on which the requirement toissue the commission arose.]

(2) References in this Act to warrant officers, non-commissioned officers or men of the army reserve beingcalled out on permanent service are references to their being so called out whether in pursuance of [F500 section 10 of the M114 Reserve Forces Act 1980] or not, but in Part I of this Act and subsection (2) of section one hundred and sixty-seven thereofdo not include references to their being called out [F501 in pursuance of section 11 of or paragraph 16(1) or (2) or (3) of Schedule 8 to the M115 Reserve Forces Act 1980].

(3) Any power conferred by this Act to make provision by regulations, rules or other instrument shallinclude power to make that provision for specified cases or classes of cases, and to make differentprovision for different classes of cases, and for the purposes of any such instrument classes of cases maybe defined by reference to any circumstances specified in the instrument.

(4) Any power conferred by the foregoing provisions of this Act to make an order shall be construed asincluding power, exercisable in the like manner and subject to the like provisions, to vary or revoke the order.

Textual Amendments

F479 Words repealed by Army and Air Force Act 1961 (c. 52), s. 37(1)(2)(d)

F480 Definition inserted by Army and Air Force Act 1961 (c. 52), Sch. 2

F481 Definition of “Commonwealth force" printed as amended by enactments listed in Chronological Table of the Statutes, Belize Act 1981 (c. 52), Sch. 2 para. 1 and S.I. 1981/1105, Sch. para.2(b) S 2

F482 S. 225(1): Words in definition of “Commonwealth force" inserted (23.3.1995) by 1995 c. 3, s. 1, Sch. para. 3

F483 Word inserted (retrospectively 1.10.1989) by Pakistan Act 1990 (c. 14, SIF26:30), s. 1, Sch. para. 3

F484 Words added by S.I. 1983/882, art. 5, Sch. para. 1

F485 Words added by Brunei and Maldives Act 1985 (c. 3, SIF 26:9A), s. 1, Sch. para. 4

F486 Words in s. 225(1) added (retrospective to 21.3.1990) by Namibia Act 1991 (c. 4, SIF 26:25A), s. 1, Sch. para. 2 (with s. 2(2))

F487 Words substituted by Army and Air Force Act 1961 (c. 52), Sch. 2

F488 Words inserted by Armed Forces Act 1966 (c. 45), s. 28(4)

F489 Words repealed by Zanzibar Act 1963 (c. 55), Sch. 3

F490 Definition inserted by Theft Act 1968 (c. 60), Sch. 2 Pt. II

F491 Words repealed with saving by Armed Forces Act 1981 (c. 55), Sch. 5 Pt. I

F492 Words added by Armed Forces Act 1966 (c. 45), s. 28(1)(4)

F493 Words repealed by Armed Forces Act 1976 (c. 52), Sch. 10

F494 Definition inserted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 1(11)

F495 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

F496 Definition substituted by Theft Act 1968 (c. 60), s. 33(2), Sch. 2 Pt. II

F497 Words in s. 225(1) repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 7(2), 26(2), Sch. 3; S.I. 1991/2719, art. 2, Sch.

F498 S. 225(1A)(1B) inserted by Armed Forces Act 1966 (c. 45), s. 27(2)

F499 S. 225(1C) inserted (retrospectively) by Armed Forces Act 1986 (c. 21, SIF7:1), s. 16(1), Sch. 1 para. 10(1)

F500 Words substituted by Reserve Forces Act 1980 (c. 9), s. 157(1), Sch. 9 para. 3(a)

F501 Words substituted by virtue of Reserve Forces Act 1966 (c. 30), Sch. 1 para. 35 and Reserve Forces Act 1980 (c. 9), s. 157(1), Sch. 9 para. 3(b)

Modifications etc. (not altering text)

C89 S. 225(2) excluded by Reserve Forces Act 1980 (c. 9), s. 83

Marginal Citations

M109 1968 c. 60.

M110 1955c. 19.

M111 1957 c. 53.

M112 1980 c. 9.

M113 1968 c. 60.

M114 1980 c. 9.

M115 1980 c. 9.

226 Short title, commencement and duration. U.K.

(1) This Act may be cited as the Army Act 1955.

(2)—(5)F502

Textual Amendments

F502 S. 226(2)–(5) repealed by Army and Air Force Act 1961 (c. 52), s. 1(5)

SCHEDULES

Sections 2, 18, 23.

FIRST SCHEDULE U.K. Procedure for Attestation

1 U.K. The recruiting officer shall warn the person to be enlisted that if he makes any false answer to thequestions to be read out to him he will be liable to be punished as provided by this Act.

2 U.K. He shall then read, or cause to be read, to that person the questions set out in the attestation paperand satisfy himself that he understands each of those questions and that his answers thereto have been dulyrecorded in the attestation paper.

3 U.K. He shall then ask that person to make and sign the declaration set out in the attestation paper as tothe truth of the answers and shall administer to him the oath of allegiance as set out in the attestationpaper.

4 U.K. Upon signing the declaration and taking the oath the said person shall become a soldier of the regularforces.

5 U.K. The recruiting officer shall by signature attest, in the manner required by the attestation paper, thatthe requirements of this Act as to the attestation of the recruit have been carried out and shall deliverthe attestation paper duly dated to such person as may be prescribed by regulations of [F503 the Defence Council].

Textual Amendments

F503 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

6 U.K. When in accordance with such regulations the recruit is finally approved for service, the officer bywhom he is approved shall at his request furnish him with a certified copy of the attestation paper.

SECOND SCHEDULE U.K. . . . F504

Textual Amendments

F504 Sch. 2 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. I

THIRD SCHEDULE U.K. Alternative offences of which accused may be convicted by court-martial

Offence charged	Alternative offence
1. Communicating with or giving intelligence to the enemy, . . . F505	1. Disclosing information without authority.
1A, 2. . . . F506	1A, 2. . . . F506
3. Using violence to his superior officer . . . F507 .	3. Offering violence to his superior officer.
4. Using threatening language to his superior officer.	4. Using insubordinate language to his superior officer.
4A. . . . F508	4A. . . . F508
5. . . . F509	5. . . . F509
6. Desertion.	6. Absence without leave.
7. Attempting to desert.	7. Absence without leave.
[F510 7A. Using threatening, abusive, insulting or provocative words likely to cause adisturbance.	7A. Using threatening, abusive, insulting or provocative behaviour likely to cause a disturbance.
7B. Using threatening, abusive, insulting or provocative behaviour likely to cause a disturbance.	7B. Using threatening, abusive, insulting or provocative words likely to cause a disturbance].
[F511 7C. Wilfully damaging public or service property or property belonging to another person subject to military law.	7C. By wilful neglect causing damage to public or service property or property belonging to another person subject to military law].
8. . . . F509	8. . . . F509
9. . . . F512	9. . . . F512
[F513 9A. Misapplying public or service property.	9A. Wastefully expending public or service property.
9B. Wastefully expending public or service property.	9B. Misapplying public or service property].
10. Any offence against subsection (1) of section fifty-four of this Act.	10. Any offence against subsection (2) of section fifty-four of this Act.
11. . . . F508	11. . . . F508
12. Any offence against section fifty-five of this Act involving the use of violence . . . F514 .	12. The corresponding offence involving the offering of violence.
13, 14. . . . F515	13, 14. . . . F515

Textual Amendments

F505 Words repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

F506 Sch. 3 paras. 1A, 2 repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(2), Sch.2

F507 Words repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(2), Sch. 2

F508 Sch. 3 paras. 4A, 11 repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(2), Sch.2

F509 Sch. 3 paras. 5 and 8 repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt.I

F510 Paras. 7A, 7B inserted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 1(14)

F511 Sch. 3 para. 7C inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 13(1); S.I. 1991/2719, art.2 (with art. 3(1))

F512 Sch. 3 para. 9 repealed by Army and Air Force Act 1961 (c. 52), Sch. 2

F513 Paras. 9A, 9B inserted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 1(15)

F514 Words repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(2), Sch. 2

F515 Sch. 3 paras. 13, 14 repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(2), Sch.2

Sections 168, 172.

FOURTH SCHEDULE U.K. Supplementary Provisions as to Payment for Requisitioned Vehicles

1 (1) Subject to the provisions of this Schedule, any payment under subsection (1) of section one hundred andsixty-eight of this Act shall (without prejudice to any agreement as to payment on account) become due onthe expiration of the period for which possession of the vehicle in question is retained. U.K.

(2) Subject to the provisions of this Schedule, any payment under subsection (2) of section one hundred andsixty-eight of this Act shall become due on the furnishing of the vehicle.

(3) Any payment under paragraph (b) of subsection (3) of the said section one hundred and sixty-eight shallbecome due on the furnishing of the vehicle.

2 (1) As soon as may be after the furnishing of a vehicle there shall be given or sent to the person by whomit was furnished, by such person and in such form and manner as may be specified by instructions of [F516 the Defence Council], a receipt for the vehicle specifying what payment, at what rate or of what amount, is offered inrespect of the furnishing thereof under paragraph (a) of subsection (1), or as the case may be undersubsection (2), of section one hundred and sixty-eight of this Act. U.K.

(2) As soon as may be after the end of the period for which possession of a vehicle is retained, there shallbe given or sent to the person by whom the vehicle was furnished, by such person and in such form and manneras aforesaid, a notice stating whether any, and if so what, damage to the vehicle has occurred during theperiod for which possession of the vehicle was retained, other than damage which has been made good by aperson acting on behalf of Her Majesty, or that the total loss of the vehicle has occurred, and specifyingwhat payment is offered in respect of the damage or loss under paragraph (b) or (c) of subsection (1) ofsection one hundred and sixty-eight of this Act.

Textual Amendments

F516 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

3 (1) A person to whom a receipt or notice under the last foregoing paragraph has been given or sent(hereinafter referred to as “the claimant”) shall be deemed to have accepted the offer contained therein unless withinthree weeks from the time at which he received the receipt or notice he gives notice to the person by whomthe receipt or notice was given or sent that he claims some specified greater amount or rate. U.K.

(2) Where a notice under the last foregoing paragraph has been given or sent stating that no damage hasoccurred to a vehicle during the period for which possession of the vehicle is retained, the claimant shallbe deemed to have agreed that no damage has so occurred unless within three weeks from the time at whichhe received the notice he gives notice to the person by whom the notice was given or sent claiming thatdamage has so occurred and stating what payment he claims under subsection (1) of section one hundred andsixty-eight of this Act in respect of the damage.

(3) On the making of a claim under either of the two last foregoing sub-paragraphs [F517 the Defence Council] may notify the claimant either that they do not propose to make any further offer or that they makea specified further offer.

Textual Amendments

F517 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

4 (1) Subject to the provisions of the last foregoing paragraph and to the following provisions of thisparagraph, a county court shall have jurisdiction to determine any dispute— U.K.

(a) as to the amount of any payment due under subsection (1) or (2) of section one hundred and sixty-eightof this Act, or whether any payment is due under any provision of the said subsection (1), or

(b) as to the amount of any payment due under paragraph (b) of subsection (3) of that section,

irrespective of the amount in dispute.

(2) An application to the county court for the determination of any such dispute as is mentioned in head(a) of the last foregoing sub-paragraph shall not be made before the expiration of three weeks from themaking of the claim under sub-paragraph (1) or (2) of the last foregoing paragraph unless a notificationhas been given to the applicant under sub-paragraph (3) of the last foregoing paragraph; and where such anotification contains a further offer by [F518 the Defence Council], the person to whom it is given shall be deemed to have accepted the offer unless he makes such anapplication within three weeks from receipt of the notification.

Textual Amendments

F518 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

5 U.K. The instructions of [F519 the Defence Council] referred to in paragraph 2 of this Schedule shall secure that any receipt or notice under thatparagraph, or any notification under sub-paragraph (2) of the last foregoing paragraph, contains a statementof the effect of paragraph 3 of this Schedule or, as the case may be, of sub-paragraph (2) of the lastforegoing paragraph.

Textual Amendments

F519 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

6 U.K. In the foregoing provisions of this Schedule the expression “damage” does not include damage resulting in a total loss, or damage attributable to fairwear and tear.

7 U.K. Nothing in the foregoing provisions of this Schedule shall apply to a case falling within subsection(4) of section one hundred and sixty-eight or the proviso to subsection (2) of section one hundred andseventy-two of this Act, and any sum payable by virtue of that subsection or proviso shall become due onthe making, by the person by whom the vehicle is required to be furnished, of a claim therefor to suchauthority as may have been specified in that behalf in the direction requiring the furnishing of the vehicle(or if no such authority was specified, to [F520 the Defence Council]):

Provided that before making any such payment the said authority or [F520 the Defence Council] as the case may be, may require reasonable particulars of the damage in question and of thecircumstances in which it occurred and may require a reasonable opportunity to be afforded to a personauthorised by them to inspect the vehicle in question.

Textual Amendments

F520 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

8 U.K. A county court shall have jurisdiction to deal with any claim arising under subsection (4) or subsection(5) of section one hundred and sixty-eight of this Act, or under the proviso to subsection (2) of sectionone hundred and seventy-two thereof, irrespective of the amount of the claim.

Sections 204, 209.

FIFTH SCHEDULE U.K. Civilians outside the United Kingdom subject to Part II when not on Active Service

1 U.K. Persons serving Her Majesty, or otherwise employed, in such capacities connected with Her Majesty’snaval, military or air forces as may be specified for the purposes of this Schedule by regulations of [F521 the Defence Council], being persons serving or employed under Her Majesty’s Government in the United Kingdom.

Textual Amendments

F521 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

2 U.K. Persons who are employed by, or in the service of, any naval, military or air-force organisation sospecified to which Her Majesty’s Government in the United Kingdom is a party and are employed by or in theservice of that organisation by reason of that Government being a party thereto.

3 U.K. Persons belonging to or employed by any other organisation so specified which operates in connectionwith Her Majesty’s naval, military or air forces.

4 Persons who, for the purposes of their profession or employment, are attached to or accompany any ofHer Majesty’s naval, military or air forces in pursuance of an authorisation granted by or on behalf of . . . F522 , [F523 the Defence Council] . . . F522 .

Textual Amendments

F522 Words repealed by S.I. 1964/488, Sch. 1 Pt. I

F523 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

5 U.K. Persons forming part of the family of members of any of Her Majesty’s naval, military or air forcesand residing with them or about to reside or departing after residing with them.

6 U.K. Persons forming part of the family of persons falling within paragraphs 1 to 4 of this Schedule andresiding with them or about to reside or departing after residing with them.

7 U.K. Persons employed by members of any of Her Majesty’s naval, military or air forces.

8 U.K. Persons employed by persons falling within paragraphs 1 to 6 of this Schedule.

9 U.K. Persons forming part of the family of persons falling within either of the last two foregoing paragraphsand residing with them or about to reside or departing after residing with them.

[F524 SCHEDULE 5A] U.K. Powers of Court on Trial of Civilian

Textual Amendments

F524 Sch. 5A inserted by Armed Forces Act 1976 (c. 52), Sch. 4 para. 1

General U.K.

1 U.K. The powers conferred by this Schedule shall be exercisable on the trial of a person (in this Schedulereferred to as a “civilian") to whom Part II of this Act is applied by section 209 above.

2 (1) In this Schedule— U.K.

• “community supervision order” has the meaning assigned to it by paragraph 4(2) below;

• “compensation order” has the meaning assigned to it by paragraph 11(1) below;

• “the court” means a court-martial or a Standing Civilian Court;

• “custodial order” has the meaning assigned to it by paragraph 10(1) below;

• “local authority in England or Wales” means the council of a non-metropolitan county, ametropolitan district or a London borough or the Common Council of the City of London;

• “local authority in Scotland” means a [F525 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

• “order for absolute discharge” means an order under paragraph 3 below discharging a personabsolutely;

• “order for conditional discharge” means an order under that paragraph discharging a personsubject to a condition;

• “period of conditional discharge” means the period specified in an order for conditionaldischarge;

• “prescribed” means prescribed by regulations under paragraph 17 below;

• F526 . . .

• “the Services Acts” means this Act, the M116 Air Force Act 1955 and the M117 Naval Discipline Act 1957; and

• “supervision period” and “supervisor” have the meanings assigned to themby paragraph 4(2) below.

(2) A parent or guardian is a service parent or guardian for the purposes of this Schedule if—

(a) he is subject to service law, or

(b) Part II of this Act is applied to him by section 209 above, or

(c) Part II of the M118 Air Force Act 1955 is applied to him by section 209 of that Act, or

(d) Parts I and II of the M119 Naval Discipline Act 1957 are applied to him by section 118of that Act.

Textual Amendments

F525 Sch. 5A para. 2: words in definition of “local authority in Scotland" substituted (S.)(1.4.1996 subject to art. 4(2) of the commencing S.I.) by 1994 c. 39, s. 180(1), Sch. 13 para. 44(3) (with s. 128(8)); S.I. 1996/323, art. 4(1)(c)

F526 Definition in Sch. 5A, para. 2 repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 6(a), 26(2), Sch. 3; S.I. 1991/2719, art. 2, Sch. (with art. 3(1))

Marginal Citations

M116 1955 c. 19.

M117 1957 c. 53.

M118 1955 c. 19.

M119 1957 c. 53.

[F527 Deferment of award of sentence] U.K.

Textual Amendments

F527 Sch. 5A para. 2A inserted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 9(1)

2A (1) Subject to the provisions of this paragraph, where a civilian is found guilty of an offence by aStanding Civilian Court, the Standing Civilian Court may defer the award of sentence against him for thepurpose of enabling the Standing Civilian Court, or any other court to which it falls to deal with him, tohave regard, in dealing with him, to his conduct after conviction (including, where appropriatate, themaking by him of reparation for his offence) or to any change in his circumstances.

(2) Any deferment under this paragraph shall be until such date as may be specified by the Standing CivilianCourt being a date not more than six months after the date on which the Standing Civilian Court announcesthe deferment; and where the award of sentence against an offender has been deferred on one occasion, itshall not be further deferred.

(3) The power conferred by this paragraph shall be exercisable only if the offender consents and theStanding Civilian Court is satisfied, having regard to the nature of the offence and the character andcircumstances of the offender, that it would be in the interests of justice to exercise the power.

(4) A Standing Civilian Court which has deferred the award of sentence against an offender may deal withhim at a time when the period of deferment has not expired if—

(a) he is during that period found guilty of an offence by a court-martial under any of the Services Actsor by a Standing Civilian Court; or

(b) such conditions as may be specified for the purposes of this paragraph in an order under paragraph 12of Schedule 3 to the Armed Forces Act M120 1976 (proceedings in StandingCivilian Courts) are satisfied in relation to him.

(5) Without prejudice to sub-paragraph (4) above, where a Standing Civilian Court has deferred the awardof sentence against an offender in respect of one or more offences and the offender is, during the periodof the deferment, found guilty of an offence (“the subsequent offence”) by a court-martialunder any of the Services Acts or by a Standing Civilian Court, then, subject to subsection (6) below, thecourt which (whether during that period or not) deals with the offender for the subsequent offence may also,if this has not already been done, deal with him for the offence or offences in respect of which the awardof sentence was deferred.

(6) Subject to sub-paragraph (7) below, the power of a court under this paragraph to deal with an offenderfor an offence in respect of which the award of sentence has been deferred shall be a power to deal withhim in any way in which the Standing Civilian Court which deferred the award of sentence could have dealtwith him for that offence.

(7) In a case falling within sub-paragraph (5) above a court-martial which awards a sentence of imprisonmentor a sentence under a custodial order for the subsequent offence may (subject to the application to theaggregate of the sentences of any limit imposed by, or by any provision corresponding to, section 85 of thisAct or paragraph 10(1A) below) order that the sentence shall begin to run from the expiry of any sentencewhich, being a sentence of imprisonment or a sentence under a custodial order, is awarded for the offenceor offences in respect of which the award of sentence was deferred.

(8) Where a Standing Civilian Court has deferred the award of sentence against an offender, the Court orthe directing officer may order the offender’s arrest either—

(a) in order to secure the offender’s appearance on the day specified by the Standing Civilian Courtas the day on which it proposes to deal with him (including a day before the end of the period ofdeferment); or

(b) where the offender has failed to appear on a day so specified.

(9) Where the arrest of an offender has been ordered under sub-paragraph (8) above, then, whether or notthe offender continues to be subject to service law—

(a) he may be arrested—

(i) by a provost officer; or

(ii) by any warrant officer or non-commissioned officer legally exercising authority under or on behalf ofa provost officer; or

(iii) by order of any officer of the regular forces or of the regular air force (within the meaning of theAir Force Act M121 1955); and

(b) a warrant for the offender’s arrest may be issued to any officer or officers of police by thedirecting officer or by any superior officer or authority.

(10) A warrant under sub-paragraph (9)(b) above shall specify the name of the person for whosearrest it is issued and shall refer to the order of the Standing Civilian Court or directing officer thatthat person be arrested.

(11) A person arrested under this paragraph shall be delivered into military or air force custody and maybe kept in such custody until his appearance before the Standing Civilian Court which deferred the awardof sentence against him.

(12) Where under this section an officer of police delivers a person into military or air force custody,there shall be handed over with him a certificate which shall—

(a) be in such form as may be specified by order under paragraph 12 of Schedule 3 to the Armed Forces Act M122 1976;

(b) be signed by that officer of police; and

(c) state the fact, date, time and place of arrest;

and such a certificate shall for the purposes of this Act be evidence of the matters stated therein.

(13) In this paragraph “the directing officer”, in relation to an offender, means the higherauthority by whom the offender was sent for trial for the offence in respect of which the award of sentencewas deferred, or any officer for the time being discharging the functions of that authority.

Marginal Citations

M120 1976 c.52 (7:1).

M121 1955 c.19 (7:1).

M122 1976 c.52 (7:1).

Absolute and conditional discharge U.K.

3 (1) The court by which a civilian is found guilty of an offence (not being an offence the sentence for whichis fixed by law) may make an order discharging him absolutely, or, if the court thinks fit, discharging himsubject to the condition that, during such period, not exceeding 3 years from the date of the order, as maybe specified in the order, he commits no offence that may be tried by court-martial under any of theServices Acts or by a Standing Civilian Court.

(2) If a court-martial under any of the Services Acts finds a person in whose case an order for conditionaldischarge has been made guilty of an offence committed during the period of conditional discharge, thecourt-martial may deal with him for the offence for which the order was made in any manner in which thecourt which made the order could deal with him if it had just found him guilty of that offence.

(3) If a Standing Civilian Court finds such a person guilty of an offence committed during the period ofconditional discharge, the Standing Civilian Court may deal with him for the offence for which the orderwas made in any manner in which such a court could deal with him if it had just found him guilty of thatoffence.

(4) Before making an order for conditional discharge the court shall explain to the offender in ordinarylanguage that if he commits another offence during the period of conditional discharge he will be liableto be sentenced for the original offence.

Community supervision orders U.K.

4 (1) Subject to sub-paragraph (4) below, where a civilian . . . F528 is found guilty of an offence and the court is of opinion that, having regardto the circumstances, including the nature of the offence and the character of the offender, it is expedientthat he should undergo a period of supervision, the court may make an order directing him to comply duringa specified period not exceeding 12 months with the reasonable requirements of a specified person nominatedin the prescribed manner.

(2) In this Schedule—

• “community supervision order” means an order under this paragraph;

• “supervision period” means the period specified in a community supervision order; and

• “supervisor” means a person with whose requirements a community supervision order for thetime being requires compliance on the part of the person subject to it.

(3) The court making a community supervision order may include in it directions to the person who is to besubject to it to comply during the whole or any specified part of the supervision period with suchrequirements of any prescribed description as the court, having regard to the circumstances, considers willbe beneficial for him.

(4) Before making a community supervision order the court—

(a) shall explain in ordinary language to the person who is to be subject to it the effect of such an orderand the consequences under sub-paragraphs (6) to (10) below of breach of any requirement imposed by virtueof sub-paragraph (1) or (3) above, and

(b) shall obtain his consent and, if he is under 17 years of age, the consent of his parent or guardian,to the making of the order and to the inclusion in it of any requirement by virtue of sub-paragraph (3)above.

(5) If the court makes a community supervision order against any person on finding him guilty of an offence,it may not make any other order except a compensation order in respect of his conviction for that offence.

(6) If a person subject to a community supervision order fails without reasonable excuse to comply with anyrequirement reasonably imposed by his supervisor or with any requirement included in the order by virtueof sub-paragraph (3) above, he shall be guilty of an offence triable by court-martial.

(7) Any such offence shall be treated as if it were an offence against a provision of Part II of this Act.

(8) If a court-martial under any of the Services Acts finds a person guilty of any offence (including anoffence under sub-paragraph (6) above) committed during a supervision period, the court-martial may dealwith him for the offence for which the community supervision order was made in any manner in which the courtwhich made the order could deal with him if it had just found him guilty of that offence.

(9) If a Standing Civilian Court finds a person guilty of any offence (including an offence undersub-paragraph (6) above) committed during a supervision period, the Standing Civilian Court may deal withhim for the offence for which the community supervision order was made in any manner in which such a courtcould deal with him if it had just found him guilty of it.

(10) If the court finds a person guilty of an offence under sub-paragraph (6) above, it may, instead ofdealing with him for the offence for which the community supervision order was made, impose a fine notexceeding £50 upon him.

(11) An officer authorised by the Defence Council—

(a) may discharge a community supervision order or modify such an order in any way which in his opiniondoes not increase its severity, and

(b) may replace a supervisor by specifying a new supervisor nominated in the prescribed manner.

(12) The powers conferred by sub-paragraph (11)(a) above are without prejudice to any of the powers of aconfirming officer or reviewing authority.

Textual Amendments

F528 Words repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), ss. 10(1), 16(2), Sch. 2

Modifications etc. (not altering text)

C90 Sch. 5A para. 4: power to exclude conferred by Criminal Justice Act 1988 (c. 33, SIF39:1), s. 50(4)(a)

Absolute and conditional discharge and community supervision orders—supplementary U.K.

5 (1) If upon finding a person guilty of an offence the court makes in respect of that offence—

(a) an order for his absolute discharge, or

(b) an order for his conditional discharge, or

(c) a community supervision order,

he shall be deemed not to have been convicted of the offence except—

(i) where the order was an order for conditional discharge or a community supervision order, for thepurposes of paragraph 3(2) or (3) or 4(8) or (9) above, as the case may be, and

(ii) in all cases, for the purposes specified in sub-paragraph (2) below.

(2) The purposes mentioned in sub-paragraph (1)(ii) above are the purposes—

(a) of the proceedings in which the order is made.

(b) of any confirmation, revision or review of those proceedings.

(c) of any appeal against conviction in those proceedings, and

(d) of the M123 Rehabilitation of Offenders Act 1974 [F529 or the M124 Rehabilitation of Offenders (Northern Ireland)Order 1978].

(3) Sub-paragraph (1) above shall not affect—

(a) any right of a person in respect of whom an order for absolute or conditional discharge or a communitysupervision order was made to rely on his conviction in bar of any subsequent proceedings for the sameoffence; or

(b) the restoration of any property in consequence of the conviction.

(4) No appeal shall lie against any such order.

(5) If a person is dealt with for an offence for which an order for conditional discharge or a communitysupervision order was made, the original order shall cease to have effect.

(6) The powers conferred by paragraphs 3(2) and (3) and 4(8) and (9) above to deal with an offence for whichan order for conditional discharge or a community supervision order has been made are without prejudice toany power of the court to deal with an offence, whenever committed, other than the offence for which theorder in question was made.

Textual Amendments

F529 Words added by S.I. 1978/1908 (N.I.27), art. 4(5)

Marginal Citations

M123 1974 c. 53.

M124 1978/1908 (N.I. 27).

F530 . . . U.K.

Textual Amendments

F530 Sch. 5A, para. 6 repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 6(b), 26(2), Sch. 3; S.I. 1991/2719, art. 2,Sch. (with art. 3(1))

F531 6 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F531 Sch. 5A para. 6 repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 6(b), 26(2), Sch. 3; S.I. 1991/2719, art. 2, Sch. (with art. 3(1))

F532 . . . U.K.

Textual Amendments

F532 Sch. 5A para. 7 repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 6(b), 26(2), Sch. 3; S.I. 1991/2719, art. 2,Sch. (with art. 3(1))

F533 7 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F533 Sch. 5A para. 7 repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 6(b), 26(2), Sch.3; S.I. 1991/2719, art. 2,Sch. (with art. 3(1))

F534 . . . U.K.

Textual Amendments

F534 Sch. 5A, para. 8 repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 6(b), 26(2), Sch. 3; S.I. 1991/2719, art. 2,Sch. (with art. 3(1))

F535 8 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F535 Sch. 5A para. 8 repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 6(b), 26(2), Sch. 3; S.I. 1991/2719, art. 2,Sch. (with art. 3(1))

F536 . . . U.K.

Textual Amendments

F536 Sch. 5A, para. 9 repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 6(b), 26(2), Sch. 3; S.I. 1991/2719, art. 2, Sch. (with art. 3(1))

F537 9 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F537 Sch. 5A, para. 9 repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 6(b), 26(2), Sch. 3; S.I. 1991/2719, art. 2,Sch. (with art. 3(1))

Custodial orders U.K.

10 (1) Where a civilian who has attained [F538 the minimum age] but is under 21 years of age is found guilty of an offence punishable under this Act with imprisonment, the court shall have power, [F539 subject to [F540 sub-paragraphs (1A) and (1AA) below]], to make an order (in this Schedule referred to as a “custodial order”) committing him to be [F541 detained for a period, to be specified in the order, which—

(a) shall not be less than the appropriate minimum period, that is to say—

(i) in the case of an offender who has attained the age of 18, the period of 21 days; or

(ii) in the case of an offender who is under 18 years of age, the period of two months;

(b) shall not exceed the maximum period for which he could have been sentenced to imprisonment if he had attained the age of 21; and

(c) if the order is made by a Standing Civilian Court, shall not exceed six months.

and in this sub-paragraph][F542 “the minimum age”, in relation to a male offender, means 15 years of age and, in relation to a female offender, means 17 years of age.]

[F543 (1A) F544 . . . [F545 F544 . . . the court shall not make a custodial order committing an offender under [F546 18 years]] of age to be detained for a period which exceeds twelve months or for a period such that the continuous period for which he is committed to be detained under that order and any one or more other custodial orders exceeds twelve months.]

[F547 (1AA) The court may not make a custodial order unless it is satisfied—

(a) that the circumstances, including the nature and the gravity of the offence, are such that if the offender were aged 21 or over the court would pass a sentence of imprisonment; and

(b) that he qualifies for a custodial sentence.

(1AB) An offender qualifies for a custodial sentence if—

(a) he has a history of failure to respond to non-custodial sentences and is unable or unwilling to respond to them; or

(b) only a custodial sentence would be adequate to protect the public from serious harm from him; or

(c) the offence of which he has been convicted or found guilty was so serious that a non-custodial sentence for it cannot be justified.]

F543 (1B) For the purposes of determining whether [F548 it is satisfied as mentioned in paragraphs (a) and (b) of sub-paragraph (1AA) above with respect to an offender] the court shall obtain and consider information about the circumstances, and shall take into account any information before the court which is relevant to his character and his mental and physical condition.

(2) Before making a custodial order, the court shall consider any report made in respect of the offender by or on behalf of the Secretary of State.

(3) The court shall give a copy of any such report to the offender or any person representing him.

[F549 (3A) Where the court makes a custodial order it shall be its duty—

(a) to state in open court and to record in the proceedings that it is satisfied that the offender qualifies for a custodial sentence under one or more of the paragraphs of sub-paragraph (1AB) above, the paragraph or paragraphs in question, and why it is so satisfied; and

(b) to explain to the offender in open court and in ordinary language why it is passing a custodial sentence on him.

(3B) Where the court makes a custodial order and, in accordance with its duty under sub-paragraph (3A) above, makes the statement required by paragraph (a) of that sub-paragraph, the matters stated shall be specified in the order (made under Imprisonment and Detention Rules) pursuant to which the offender is committed into custody.]

[F550 (4) If a person is outside the United Kingdom at the time a custodial order is made in respect of him, he shall as soon as practicable be removed to the United Kingdom.

(4A) A person in respect of whom a custodial order has been made shall be detained in such appropriate institution as the Secretary of State may direct, and any enactment applying to persons detained in any such institution shall apply to a person so detained under this paragraph.]

(5) A custodial order shall be sufficient authority for the detention of the person subject to it in service custody until he is received into the institution specified in the Secretary of State’s direction.

[F551 (5A) The following provisions shall apply in the case of a sentence under a custodial order as they apply in the case of a sentence of imprisonment by the same court, that is to say—

(a) where the court is a court-martial, sections 118(1) and 118A(1) and (3) of this Act; and

(b) where the court is a Standing Civilian Court, section 8(2) of the M125 Armed Forces Act 1976;

and, accordingly, references in those provisions to a sentence of imprisonment shall include for the purposes of this sub-paragraph references to a sentence under a custodial order.]

[F552 (5B) For the period before a person sentenced under a custodial order is received into the institution where he is to be detained (or for the currency of the sentence if its term ends before he is so received), sections 119(2), (4) and (5), 122, 123, 129,142 and 190B of this Act shall apply in the case of the sentence as they apply in the case of a sentence of [F553 imprisonment].]

(6) In this paragraph “appropriate institution” means—

[F554 (a) where the offender is [F555 in or] removed to England or Wales, any institution in which a person sentenced to detention in a young offender institution could be detained, section 1C of the Criminal Justice Act 1982 having effect in relation to the offender as it has effect in relation to an offender sentenced to detention in a young offender institution;]

[F556 (b) where the offender is [F555 in or] removed to Scotland, a young offenders institution;]

[F557 (c) where the offender is [F555 in or] removed to Northern Ireland,

[F558 (i) if the offender is a male person who is under the age of 17 years, a remand home; and

(ii) in any other case, a young offenders centre;];]

and in sub-paragraph (4) above “enactment”, in relation to an offender who is removed to Northern Ireland, includes an enactment of the Parliament of Northern Ireland and a Measure of the Northern Ireland Assembly.

[F559 (6A) [F560 Section 65 of the Criminal Justice Act 1991] (release of young offenders) shall apply to persons released from a term of detention under a custodial order as it applies to persons released from a term of detention under a detention centre order or a term of youth custody.]

F561 (6B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F538 Words substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 11(1)(a)(6)

F539 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 7(a)(i)

F540 Words in Sch. 5A, para. 10(1) substituted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 5(2)(a); S.I. 1991/2719, art. 2 (with art. 3(1))

F541 Words in Sch. 5A para. 10(1) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 71, Sch. 9 para. 4(a); S.I. 1992/333, art. 2(2), Sch. 2

F542 Words inserted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 11(1)(b)(6)

F543 Sch. 5A para. 10(1A)(1B) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 7(b)

F544 Words in Sch. 5A, para. 10(1A) repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 5(3), 26(2), Sch. 3; S.I. 1991/2719, art. 2, Sch. (with art. 3(1))

F545 Words inserted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 11(2)(6)

F546 Words in Sch. 5A para. 10(1A) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 71, Sch. 9, para. 4(b); S.I. 1992/333, art. 2(2), Sch. 2

F547 Sch. 5A, para. 10(1AA)(1AB) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 5(4); S.I. 1991/2719, art. 2 (with art. 3(1))

F548 Words in Sch. 5A, para. 10(1B) substituted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 5(5); S.I. 1991/2719, art. 2 (with art. 3(1))

F549 Sch. 5A para. 10(3A)(3B) substituted (1.1.1992) for sub-paras. (3A)(3B) (which were inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 7(c)) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 5(6); S.I. 1991/2719, art. 2 (with art. 3(1))

F550 Sch. 5A, para. 10(4)(4A) substituted (1.1.1992) for sub-para. (4) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 5(7); S.I. 1991/2719, art. 2 (with art. 3(1))

F551 Sch. 5A para. 10(5A) (which was inserted by Armed Forces Act 1981 (c. 55), Sch. 1 para. 3(3)) substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para. 5(3)

F552 Para. 10(5B) inserted by Armed Forces Act 1981 (c. 55), Sch. 1 para. 3(3)

F553 Word substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para. 5(4)

F554 Sch. 5A para. 10(6)(a) substituted (E.W.) by Criminal Justice Act 1988 (c. 33, SIF 39:1),s. 123(6), Sch. 8 para. 5(a)

F555 Words in Sch. 5A, para. 10(6)(a)(b)(c) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 5(8); S.I. 1991/2719, art. 2 (with art. 3(1))

F556 Sch. 5A para. 10(6)(b) substituted (S.) by Criminal Justice Act 1988 (c. 33, SIF 39:1),s. 124(4), Sch. 9 para. 3(a)

F557 Para. 10(6)(c) substituted by S.I. 1980/1088, art. 3

F558 Sch. 5A para. 10(6)(c)(i)(ii) substituted for words by Armed Forces Act 1986 (c. 21, SIF7:1), s. 11(4)(6)

F559 Sch. 5A para. 10(6A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch.8 para. 7(e)

F560 Words in Sch. 5A, para. 10(6A) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 71, Sch. 9, para. 4(c); S.I. 1992/333, art. 2(2), Sch. 2

F561 Sch. 5A para. 10(6B) repealed (1.10.1993) by 1993 c. 9, s. 47(3), Sch. 7 Pt.I; S.I. 1993/2050, art. 3(4)

Marginal Citations

M125 1976 c.52(7:1).

Compensation orders U.K.

11 (1) The court, on finding a civilian guilty of an offence, may, on application or otherwise (and whether or not it makes any other order), make an order (in this Schedule referred to as a “compensation order") requiring him to pay such sum as appears to the court to be just as or towards compensation for any [F562 personal injury, loss or damage], resulting from the offence or any other offence taking into consideration in determining sentence. U.K.

[F563 (1A) Unless the Secretary of State by order provides that this sub-paragraph shall no longer apply, the sum specified in a compensation order made by a court-martial for any personal injury shall not exceed such sum as is for the time being specified in sub-paragraph (2) below or such larger sum as may for the time being be specified by an order made by the Secretary of State; and the power to make an order under this sub-paragraph shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.]

(2) The sum specified in a compensation order made by a Standing Civilian Court shall not exceed [F564 £5,000].

(3) In the case of an offence of unlawfully obtaining any property (whether by stealing it, handling it or otherwise), where the property in question is recovered, any damage to the property occurring while it was out of the owner’s possession shall be treated for the purposes of this paragraph as having resulted from the offence, however and by whomsoever the damage was caused.

(4) No compensation order shall be made in respect of loss suffered by the dependants of a person in consequence of his death, F565 . . ..

[F566 (4A) A compensation order may only be made in respect of injury, loss or damage which was due to an accident arising out of the presence of a motor vehicle on a road if—

(a) it is in respect of damage which is treated by sub-paragraph (3) above as resulting from an offence of unlawfully obtaining any property; or

(b) it is in respect of injury, loss or damage as respects which—

(i) the offender is uninsured in relation to the use of the vehicle; and

(ii) compensation is not payable under any arrangements specified by the Secretary of State for the purposes of this paragraph;

and, where a compensation order is made in respect of injury, loss or damage due to such an accident, the amount to be paid may include an amount representing the whole or part of any loss of or reduction in preferential rates of insurance attributable to the accident.

(4B) For the purposes of sub-paragraph (4A) above, a person is not uninsured in relation to the use of a vehicle if—

(a) the vehicle is in the public service of the Crown; or

(b) the use of the vehicle is exempted from insurance by section 144 of the Road Traffic Act 1988 or paragraph (2) or paragraph (3) of Article 90 of the Road Traffic (Northern Ireland) Order 1981.]

(5) In determining whether to make a compensation order against any person, and in determining the amount to be paid by any person under such an order, the court shall have regard to his means so far as they appear or are known to the court.

[F567 (6) Where the court considers—

(a) that it would be appropriate both to impose a fine and to make a compensation order, but

(b) that the person concerned has insufficient means to pay both an appropriate fine and appropriate compensation,

the court shall give preference to compensation (though it may impose a fine as well).]

Textual Amendments

F562 Words in Sch. 5A para. 11(1) substituted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 9(2); S.I. 1991/2719, art.2 (with art. 3(1))

F563 Sch. 5A, para. 11(1A) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 9(3); S.I. 1991/2719, art. 2 (with art. 3(1))

F564 Figure in Sch. 5A para. 11(2) substituted (1.10.1992) by virtue of Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 17(3), 102(2), Sch. 4, Pt. I (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2

F565 Words in Sch. 5A, para. 11(4) repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 9(4), 26(2), Sch.3; S.I. 1991/2719, art. 2,Sch (with art. 3(1)

F566 Sch. 5A, para. 11(4A)(4B) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 9(4); S.I. 1991/2719, art.2 (with art. 3(1))

F567 Sch. 5A, para. 11(6) inserted (1.1.1992) by Armed Forces Act 1991 (C. 62, SIF 7:1), s. 9(5); S.I. 1991/2719, art. 2 (with art. 3(1))

Modifications etc. (not altering text)

C91 Sch. 5A para. 11(2): power to amend conferred by Magistrates Courts Act 1980 (c. 43, SIF 82), s. 143(1)(2)(g) as substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 48(1)(a)(b)(iii)

12 (1) The operation of a compensation order made by a court-martial shall be suspended— U.K.

(a) in any case until the end of the period specified under Part II of the M126 Courts-Martial (Appeals) Act 1968 as the period within which an application for leave to appeal mustbe lodged; and

(b) if such an application is duly lodged, until either the application is finally refused or it iswithdrawn or the appeal is determined or abandoned.

(2) The operation of a compensation order made by a Standing Civilian Court shall be suspended*M

(a) in any case until the end of the period within which notice of appeal may be given; and

(b) if such notice is given, until the appeal is determined or abandoned.

(3) Where a compensation order has been made against any person in respect of an offence taken intoconsideration in determining his sentence—

(a) the order shall cease to have effect if he successfully petitions or appeals against his conviction ofthe offence or all the offences of which he was convicted in the proceedings in which the order was made;and

(b) he may petition or appeal against the order as if it were part of the sentence imposed for the offencein respect of which it was made.

Marginal Citations

M126 1968 c.20.

Imposition of fines on and making of compensation orders against parents and guardians U.K.

13 [F568 (1) Where—

[F569 (a) a civilian under 17 years of age is found guilty of an offence; and

(b) the court is of the opinion that the case would best be met (whether or not in conjunction with anyother punishment) by the exercise of any power of the court to impose a fine in respect of the offence orto make a compensation order in respect of the offence or of any other offence taken into consideration indetermining sentence,]

it shall be the duty of the court to order that the fine or compensation awarded be paid by any parentor guardian of his who is a service parent or guardian, instead of by the person himself, unless the courtis satisfied–

(i) that the parent or guardian cannot be found; or

(ii) that it would be unreasonable to make an order for payment, having regard to the circumstances of thecase.

(2) An order under this paragraph may be made against the parent or guardian if—

(a) he has been required to attend in the manner prescribed by Rules of Procedure under section 103 aboveor, as the case may be, by an order under paragraph 12 of Schedule 3 to the Armed Forces Act M127 1976 to attend the court, and

(b) he has failed to do so,

but, save as aforesaid, no such order shall be made without giving the parent or guardian anopportunity of being heard.]

[F570 (3) A parent or guardian on or against whom a fine has been imposed or compensation order made under thisparagraph may petition or appeal against the sentence as follows, that is to say—

(a) if the court which imposed the fine or made the order was a court-martial, the parent or guardian maypresent a petition in accordance with section 108 of this Act against sentence or may appeal againstsentence in accordance with section 8 of the M128 Courts-Martial (Appeals) Act 1968 as ifhe had been convicted of and sentenced for the offence by the court-martial; or

(b) if the court which imposed the fine or made the order was a Standing Civilian Court, the parent orguardian may present a petition in accordance with section 108 of this Act against sentence or may appealagainst sentence under paragraph 18 of Schedule 3 to the M129 Armed Forces Act 1976 as ifhe had been convicted of and sentenced for the offence by the Court.]

(4) If a parent or guardian against whom a fine is so imposed or an order so made—

(a) is a member of the regular forces, or

(b) is a member of the regular air force, as defined by section 223(1) of the M130 Air ForceAct 1955, or

(c) is subject to the M131 Naval Discipline Act 1957,

any sum which he is liable to pay, in so far as not otherwise paid by him, may be deducted from hispay.

Textual Amendments

F568 Sch. 5A para. 13(1)(2) substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s.58, Sch. 8 para. 9

F569 Sch. 5A para. 13(1)(a)(b) substituted (retrospectively) by Armed Forces Act1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para. 11

F570 Para. 13(3) substituted by Armed Forces Act 1981 (c. 55), Sch. 1 para. 3(6)

Marginal Citations

M127 1976 c.52(7:1).

M128 1968 c. 20.

M129 1976 c. 52.

M130 1955 c. 19.

M131 1957 c. 53.

Orders requiring parents or guardians to enter into recognisance U.K.

14 (1) Subject to sub-paragraph (2) below, where a civilian under 17 years of age is found guilty of anyoffence, the court may make an order requiring any parent or guardian of his who is a service parent orguardian to enter into a recognisance for an amount not exceeding [F571 £1000] for a period not exceeding one year to exercise proper control over him.

(2) The power conferred by sub-paragraph (1) above shall not be exercisable unless the parent or guardianconsents.

(3) Before making an order in the exercise of that power the court shall explain to the parent or guardianin ordinary language that if the offender is found guilty by court-martial under any of the Services Actsor by a Standing Civilian Court of another offence committed during the period specified in the order, hisrecognisance may be forfeited under sub-paragraph (4) below.

(4) If a person whose parent or guardian has entered into a recognisance under this paragraph is foundguilty by court-martial under any of the Services Acts or by a Standing Civilian Court of any offencecommitted within the period specified in the order, the recognisance or any part of it may in the prescribedmanner be declared to be forfeited (without prejudice to any power of the court to punish the offender orto make any other order against him or an order against his parent or guardian under this paragraph orparagraph 13 above) and the person bound by it adjudged, subject to sub-paragraphs B (5) and (6) below, topay the sum in which he is bound or any lesser sum.

(5) No declaration may be made except against a person who is a service parent or guardian when it is made.

(6) No declaration may be made against any person without giving him an opportunity of being heardunless—

(a) he has been required in the manner prescribed by Rules of Procedure under section 103 above or, as thecase may be, by an order under paragraph 12 of Schedule 3 to the M132 Armed Forces Act 1976to attend the court, and

(b) he has failed to do so.

(7) Payment of any sum adjudged to be paid under this paragraph shall be enforceable as if it were a fineimposed for an offence against section 70 above.

(8) No appeal shall lie from an order or declaration under this paragraph.

[F572 (9) In this paragraph “guardian”, in relation to an offender, includes any individual who,in the court’s opinion, has control of the offender.]

Textual Amendments

F571 Figure substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch.8 para. 10(1)(2) and S.I. 1984/447, art. 2(1), Sch. 1

F572 Para. 14(9) inserted by Armed Forces Act 1981 (c. 55), Sch. 1 para. 3(9)

Modifications etc. (not altering text)

C92 Sch. 5A para. 14(1): power to amend conferred by Magistrates' Courts Act 1980 (c.43, SIF 82), s. 143(1)(2)(h) (as substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s.48(1)(a)(b)(iii) )

Marginal Citations

M132 1976 c. 52.

Scale of punishments and orders U.K.

15 (1) In their application to civilians, references in this Act to any punishment provided by this Act are, subject to sub-paragraphs (4) to (7) below and to the limitation imposed in any particular case by the addition of the word “less", references to any one or more of the punishments that may be awarded to civilians under this Act or of the orders that may be made against them under it.

(2) For the purposes of Part II of this Act—

(a) a punishment or order specified in any paragraph of one of the columns in the Table below shall be treated as less than any punishments or orders specified in the paragraphs preceding that paragraph and greater than those specified in the paragraphs following it; and

(b) a fine on or compensation order against an offender’s parent or guardian shall be treated as involving the same degree of punishment as a fine of the same amount on the offender or, as the case may be, a compensation order of the same amount against him.

(3) In the Table—

(a) the first column applies in the case of a person who at the date of his conviction had attained 21 years of age;

(b) the second column applies in the case of a person who at the date of his conviction had attained 17 years of age but was under 21 years of age; and

(c) the third column applies in the case of a person who at the date of his conviction was under 17 years of age.

Table

Grading of Punishments and Orders

Offender 21 or over	Offender 17 or over but under 21	Offender under 17
1. Death.	1. Death.	1. Detention as the Secretary of State may direct.
		[F573 1A. Custodial Order.]
2. Imprisonment.	2. [F574 custody for life].	F575 . . .
3. Fine.	3. Custodial order.	3. Fine.
[F576 3A. Community supervision order.]
4. Compensation order.	4. Fine.	4. Community supervision order.
5. Order for conditional discharge.	5. Community supervision order.	5. Compensation order.
6. Order for absolute discharge.	6. Compensation order.	6. Order binding over parent.
	7. Order for conditional discharge.	7. Order for conditional discharge.
	8. Order for absolute discharge.	8. Order for absolute discharge.

Note. In the application of the above Table—

(a) to a person convicted of murder who was under 18 years of age when the offence was committed, or

(b) to a person convicted of any offence who was under 18 years of age when the offence was committed and would be sentenced to death but for section 71A(3) above,

the references to death shall be omitted from the first and second columns, and a reference to detention during Her Majesty’s pleasure shall be substituted—

(i) for the reference to [F577 custody for life] in the second column, and

(ii) for the reference to detention as the Secretary of State may direct in the third column.

(4) No order requiring the giving of a consent of the making of an explanation may be made on any confirmation, review or revision of a sentence or any appeal against a sentence without the consent being given or the explanation made.

(5) If a community supervision order is made on any such confirmation, review, revision or appeal, no other order may be made except a compensation order.

(6) Where an order under paragraph 13 or 14 above was made at the trial, no other order under either of those paragraphs may be substituted for it on any such confirmation, review revision or appeal.

(7) Where—

(a) on the trial of any person an order might have been made against his parent or guardian under paragraph 13 or 14 above, and

(b) there is power, on confirmation, review, revision or appeal, to substitute a fine or compensation order for the order made on the trial,

that power shall include—

(i) power to substitute a fine or compensation order of an equal or smaller amount under paragraph 13 above, and

(ii) power to make an order under paragraph 14 above which is not of greater severity, in the opinion of the person to whom it falls to exercise the power, than the order made on the trial.

Textual Amendments

F573 Entry inserted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 11(5)(6)

F574 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 11(a)

F575 Sch. 5A para. 15(3) Table column 3 para. 2 repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 6(c), 26(2), Sch. 3; S.I. 1991/2719, art. 2, Sch.

F576 Entry inserted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 10(2)

F577 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 11(b)

Indemnity for persons carrying out orders under Schedule U.K.

16 U.K. No action shall lie in respect of anything done by any person in pursuance of an order under thisSchedule if the doing thereof would have been lawful but for a defect in any instrument made for thepurposes of that order.

Regulations U.K.

17 (1) The Secretary of State may by regulations make provision supplementary or incidental to the provisionsof this Schedule. U.K.

(2) The power to make regulations conferred by this paragraph includes power to make provision for specifiedcases or classes of cases, and for the purpose of any such orders classes of cases may be defined byreference to any circumstances specified in the regulations.

(3) The power to make such regulations shall be exercisable by statutory instrument which shall be subjectto annulment in pursuance of a resolution of either House of Parliament.

Section 208.

SIXTH SCHEDULE U.K. Application of Military Law to attached Members of Naval and Air Forces

1 (1) As respects the punishment of a person subject to military law by virtue of section two hundred andeight of this Act, the following adaptations shall have effect. U.K.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F578

(3) In relation to members of any of Her Majesty’s naval forces . . . F579 , references to reduction to the ranks or any less reduction in rank shall beconstrued as references to disrating to an extent not greater than that which would have been authorisedon conviction by a court-martial under [F579 the M133 Naval Discipline Act 1957], . . . F579

Textual Amendments

F578 Sch. 6 para. 1(2) repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

F579 Words repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I

Marginal Citations

M133 1957 c. 53.

2 U.K. For the purposes of the provisions of this Act relating to the constitution of courts-martial an officersubject to military law as aforesaid shall be treated as an officer belonging to Her Majesty’s militaryforces of corresponding rank.

3, 4 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F580

Textual Amendments

F580 Sch. 6 paras. 3 and 4 repealed by S.I. 1964/488, Sch. 1 Pt. I

5 U.K. In proceedings under this Act against a person subject to military law as aforesaid any document whichwould have been evidence in the like proceedings under his own service law shall be evidence in like manner,subject to the like conditions and for the like purposes as in the first-mentioned proceedings.

6 U.K. In the application of this Act to a person subject to military law as aforesaid references to theregular forces shall include references to his own service, and references to any rank shall includereferences to the corresponding rank of his own service.

7 U.K. In relation to a person subject to military law as aforesaid subsection (3) of section one hundred andthirty-two of this Act shall have effect with the [F581 substitution for references to military law of references to service law.]

Textual Amendments

F581 Words substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para. 6(1)

8 In the application of sections one hundred and forty-four and one hundred and forty-nine of this Actto a person subject to military law as aforesaid references to a Royal Warrant shall include references toan Order in Council (if he is a member of any of Her Majesty’s naval forces) or to an order under sectiontwo of the M134 Air Force (Constitution) Act 1917 (if he is a member of any of Her Majesty’sair forces).

Marginal Citations

M134 1917 c. 51.

9 Sections one hundred and fifty to one hundred and fifty-two and one hundred and eighty of this Act shallnot apply to a person subject to military law as aforesaid.

10 U.K. In this Schedule—

(a) references to a person’s own service shall be construed as references to the naval or air force to whichhe belongs,

(b) references to a person’s own service law shall be construed as references to [F582 the M135 Naval Discipline Act 1957] or to air-force law, and

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F583

according as he is a member of Her Majesty’s naval forces or Her Majesty’s air forces.

Textual Amendments

F582 Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)

F583 Para. 10(c) repealed by S.I. 1964/488, Sch. 1 Pt. I

Marginal Citations

M135 1957 c. 53

SEVENTH SCHEDULE U.K. Provisions as to Royal Marines

Part I U.K. Enlistment, Service and Discharge

[F584 1 U.K. The provisions of the six following paragraphs shall have effect in substitution for sections 4 to . . . F585 13].

Textual Amendments

F584 Para. 1 substituted by Armed Forces Act 1966 (c. 45), s. 13(1), Sch. 3 para. 3

F585 Words repealed by Armed Forces Act 1976 (c. 52), Sch. 10

2, 3. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F586

Textual Amendments

F586 Sch. 7 paras. 2, 3, 4(2)(3) repealed with saving by S.I. 1988/1395, reg. 13

[F587 4 (1) The provisions of this and the two next following paragraphs shall have effect as to the prolongationof service of a marine. U.K.

(2)(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F588 ]

Textual Amendments

F587 Paras. 4—4B substituted for para. 4 by Armed Forces Act 1966 (c. 45), ss. 13,37(3), Sch. 3 para. 1

F588 Sch. 7 paras. 2, 3, 4(2)(3) repealed with saving by S.I. 1988/1395, reg. 13

4A (1) Where, at the time at which, apart from this paragraph, a marine serving in the Royal Marines would beentitled to be discharged, or would fall to be transferred to the Royal Fleet Reserve, either—

(a) a state of war exists between Her Majesty and any foreign power; or

(b) warlike operations are in preparation or in progress; or

(c) men of the Royal Fleet Reserve are called into actual service; or

(d) he is serving outside the United Kingdom,

he may be retained in service in the Royal Marines for such period as is hereinafter mentioned, andhis service may be prolonged accordingly.

An exercise, by virtue of paragraph (b) above, of the power conferred by this sub-paragraph shall bereported to Parliament forthwith.

(2) No person shall be retained in service in the Royal Marines by virtue of this paragraph later than theexpiration of twelve months after the date on which, apart from this paragraph, he would be entitled to bedischarged.

(3) Subject to the provisions of the last foregoing sub-paragraph, any person who, apart from thisparagraph, would be entitled to be discharged may be retained in service in the Royal Marines for suchperiod as the competent authority may order.

(4) Subject as aforesaid, a person who, apart from this paragraph, would fall to be transferred to the RoyalFleet Reserve may be retained in service in the Royal Marines for such period, ending not later than twelvemonths after the date on which apart from this paragraph he would fall to be transferred to the Royal FleetReserve, as the competent authority may order, or for any further period during which men of the Royal FleetReserve continue called into actual service.

(5) If while a person is being retained in service in the Royal Marines by virtue of this paragraph itappears to the competent authority that his service can be dispensed with, he shall be entitled to bedischarged or transferred to the Royal Fleet Reserve as the case may require.

(6) Where, at the time at which under the foregoing provisions of this paragraph a person is entitled tobe discharged or transferred to the Royal Fleet Reserve, a state of war exists between Her Majesty and anyforeign power, he may, by a declaration made before his commanding officer in a form prescribed byregulations of the Defence Council, agree to continue in service in the Royal Marines while such a stateof war exists; and, if the competent authority approve, he may continue accordingly as if the period forwhich his term of service could be prolonged under the foregoing provisions of this paragraph were a periodcontinuing so long as a state of war exists:

Provided that, if it is so specified in the declaration, he shall be entitled to be discharged ortransferred to the Royal Fleet Reserve, as the case may require, at the expiration of three months’ noticegiven by him to his commanding officer.

(7) In relation to marines serving outside the United Kingdom, references in this paragraph to beingentitled to be transferred to the Royal Fleet Reserve shall be construed as references to being entitledto be sent to the United Kingdom with all convenient speed for the purpose of being transferred to thatReserve.

(8) References in this paragraph to men of the Royal Fleet Reserve being called into actual service arereferences to their being called into actual or permanent service under the authority of an order of HerMajesty made on its appearing to Her that national danger is imminent or a great emergency has arisen, orinto actual service under [F589 section 16(1) of the M136 Reserve Forces Act 1980].

Textual Amendments

F589 Words substituted by Reserve Forces Act 1980 (c. 9), s. 157(1), Sch. 9 para. 4

Marginal Citations

M136 1980 c. 9.

4B (1) If it appears to Her Majesty that national danger is imminent or that a great emergency has arisen, Shemay by order, signified under the hand of the Secretary of State, provide that marines serving in the RoyalMarines who would otherwise fall to be transferred to the Royal Fleet Reserve shall continue in service inthe Royal Marines; and thereupon the last foregoing paragraph shall apply to such persons as it applieswhile men of the Royal Fleet Reserve are called into actual service.

(2) Where an order is made under sub-paragraph (1) above, the occasion thereof shall forthwith becommunicated to Parliament.

(3) An order in force under sub-paragraph (1) above may be revoked by an order of Her Majesty signified astherein mentioned.

5 (1) The following provisions shall have effect as to the discharge and transfer to the Royal Fleet Reserveof marines serving in the Royal Marines.

(2) Save as hereinafter provided, a marine, upon becoming entitled to be discharged or transferred, shallbe discharged or transferred with all convenient speed, but until discharged or transferred shall be treatedas if his period of service in the Royal Marines had not come to an end.

[F590 (2A) Where a marine enlisted in the United Kingdom is, when entitled to be discharged, serving out of theUnited Kingdom, then—

(a) if he requires to be discharged in the United Kingdom, he shall be sent there free of cost with allconvenient speed and shall be discharged on his arrival there or, if he consents to his discharge beingdelayed, within six months from his arrival; but

(b) if at his request he is discharged at the place where he is serving he shall have no claim to be sentto the United Kingdom or elsewhere.

(2B) A marine who is discharged in the United Kingdom shall be entitled to be conveyed free of cost from theplace where he is discharged to the place stated in his attestation paper to be the place where he wasattested or to any place at which he intends to reside and to which he can be conveyed with no greater cost.

(2C) Where a marine, when falling to be transferred to the Royal Fleet Reserve, is serving out of the UnitedKingdom, he shall be sent to the United Kingdom free of cost with all convenient speed and shall betransferred to the Reserve on his arrival there, or if he consents to his transfer being delayed, withinsix months from his arrival:

Provided that if he so requests he may be transferred to the Reserve without being required to returnto the United Kingdom.

(2D) A marine who is transferred to the Reserve in the United Kingdom shall be entitled to be conveyed freeof cost from the place where he is transferred to the place stated in his attestation paper to be the placewhere he was attested or to any place at which he intends to reside and to which he can be conveyed withno greater cost:

Provided that he shall not be entitled to be conveyed to any place outside the United Kingdom.]

(3)(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F591

(5) Where a marine who has, or is reasonably suspected of having, committed an offence under [F592 the M137 Naval Discipline Act 1957] is entitled to be discharged or transferred at a time before he has been tried and punished for theoffence, section one hundred and thirty-one shall with the necessary modifications apply in relation to theoffence as if references therein to a court-martial and to military law included references to a navalcourt-martial and to [F592 the Naval Discipline Act 1957].

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F593

(7) Every marine shall on his discharge be given a certificate of discharge containing such particulars asmay be prescribed [F594 by regulations of the Defence Council].

Textual Amendments

F590 Paras. 5 (2A)—(2D) inserted by Armed Forces Act 1976 (c. 52), s. 3(2), Sch. 1 Pt.II para. 3

F591 Sch. 7 para. 5(3)(4) repealed by Armed Forces Act 1966 (c. 45), ss. 13(1), 37(3), Sch.5

F592 Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)

F593 Sch. 7 para. 5(6) repealed by Army and Air Force Act 1961 (c. 52), Sch. 1 para. 5(2)

F594 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

Marginal Citations

M137 1957 c. 53

5A U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F595

Textual Amendments

F595 Sch. 7 para. 5A repealed by Armed Forces Act 1976 (c. 52), Sch. 10

6 U.K. Subsections (1) and (2) of section three, . . . F596 , shall not apply to marines.

Textual Amendments

F596 Words repealed by Armed Forces Act 1976 (c. 52), Sch. 10 and Armed Forces Act 1981 (c.55), Sch. 5 Pt. II

7 U.K. Section eighteen shall have effect, in relation to men of the Royal Marines, as if references toenlistment included references to re-engagement, and in relation to re-engagement references to thedeclaration mentioned in that section and to attestation or an attestation paper included references to thedeclaration required by sub-paragraph (2) of paragraph 3 of this Schedule.

F597 8 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F597 Sch. 7 para. 8 repealed (1.10.1996 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 35(2), Sch. 7 Pt. III; S.I. 1996/2474, arts. 2, 3, Sch.

9 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F598

Textual Amendments

F598 Sch. 7 para. 9 repealed by Armed Forces Act 1971 (c. 33), Sch. 4 Pt. II

10 U.K. In this Part of this Schedule references to a marine include references to [F599 a warrant officer and] a non-commissioned officer [F600 and the expression “competent authority” means the Defence Council or an officer authorised by regulationsof the Defence Council to act for the purposes of this Part of this Schedule].

Textual Amendments

F599 Words inserted by Armed Forces Act 1971 (c. 33), Sch. 3 para. 4(2)(a)

F600 Words added by S.I. 1964/488, Sch. 1 Pt. I

Valid from 01/05/2001

[F601 10A U.K. Subsection (2) of section 22 applies to the powers to make regulations conferred by this Part of this Schedule as it applies to other powers under Part I of this Act.]

Textual Amendments

F601 Sch. 7 Pt. I para. 10A inserted (1.5.2001) by 1996 c. 46, s. 4(2) (with s. 4(4)); S.I. 2001/1519, art. 2

Part II U.K. Miscellaneous Adaptations

11 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F602

Textual Amendments

F602 Sch. 7 para. 11 repealed by S.I. 1964/488. Sch. 1 Pt. I

12, 12A. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F603

Textual Amendments

F603 Sch. 7 paras. 12 and 12A repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt.I

13—15. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F604

Textual Amendments

F604 Sch. 7 paras. 13–15, 17, 20 and 21 repealed by S.I. 1964/488, Sch. 1 Pt. I

16 U.K. In the provisions of this Act relating to confessions of desertion, to forfeitures of and deductionsfrom pay, to evidence, and to the execution of orders and instruments, references . . . F605 to a military authority shall include . . . F605 references . . . F605 to a naval authority.

Textual Amendments

F605 Words repealed by S.I. 1964/488, Sch. 1 Pt. I

17 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F606

Textual Amendments

F606 Sch. 7 paras. 13–15, 17, 20 and 21 repealed by S.I. 1964/488, Sch. 1 Pt. I

18 U.K. In the provisions of this Act relating to forfeitures of and deductions from pay references to a RoyalWarrant shall include references to an Order in Council; . . . F607 .

Textual Amendments

F607 Words repealed by S.I. 1964/488, Sch. 1 Pt. I

[F608 19 U.K. Except to the extent that they are applied by paragraph 22 below, sections 150 and 151 shall not applyto officers, warrant officers, non-commissioned officers and marines of the Royal Marines, the [F609 Royal Marines Reserve] or the Royal Fleet Reserve.]

Textual Amendments

F608 Para. 19 substituted by Armed Forces Act 1976 (c. 52), s. 3(1), Sch. 1 Pt. I para. 2

F609 Words substituted by Armed Forces Act 1981 (c. 55), Sch. 4 para. 1(2)

20, 21. U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F610

Textual Amendments

F610 Sch. 7 paras. 13–15, 17, 20 and 21 repealed by S.I. 1964/488, Sch. 1 Pt. I

22 In this Act the expression “the regular forces” does not include officers, [F611 warrant officers] non-commissioned officers, or marines of the [F612 Royal Marines Reserve], the Royal Fleet Reserve . . . F613 ; but the provisions of section two hundred and eleven shall apply—

(a) to such officers as they apply to officers of any reserve of officers,

(b) to such [F611 warrant officers] non-commissioned officers and marines as they apply to [F611 warrant officers] non-commissioned officers and men of the army reserve.

Textual Amendments

F611 Words inserted by Armed Forces Act 1971 (c. 33), Sch. 3 para. 4(2)(b)(c)

F612 Words substituted by Armed Forces Act 1981 (c. 55), Sch. 4 para. 1(2)

F613 Words repealed by Navy, Army and Air Force Reserves Act 1959 (c. 10), Sch.

Part III U.K. Transfers

23 U.K. A [F614 warrant officer] non-commissioned officer or marine of the Royal Marines may, with his consent, at any time betransferred by [F615 order of the Defence Council] to another corps of the regular forces; and a warrant officer, non-commissioned officer or soldierserving in a corps of the regular forces other than the Royal Marines may, with his consent, at any timebe transferred by such an order to the Royal Marines.

Textual Amendments

F614 Words inserted by Armed Forces Act 1971 (c. 33), Sch. 3 para. 4(2)(b)(c)

F615 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

24 U.K. Where a person is in pursuance of the last foregoing paragraph transferred to the Royal Marines, [F616 or to another corps, the Defence Council], may by order vary the conditions of his service so as to conform to such conditions of service inthe corps to which he is transferred as correspond, as nearly as may be, with the conditions of his serviceimmediately before the transfer.

Textual Amendments

F616 Words substituted by S.I. 1964/488, Sch. 1 Pt. I