Article 19
1. In this Schedule—
“the 1984 Act” means, except in relation to its section 113 and where otherwise specified, the 1984 Act as applied with modifications immediately before commencement by article 2(1) of the 2006 Order, and any reference to a specified provision of the 1984 Act shall be construed accordingly;
“commencement” means the date of coming into force of this Order;
“service discipline Acts offence” means any of the following—
an offence under Part 2 of either of the Army Act 1955 or the Air Force Act 1955;
an offence under Part 1 of the Naval Discipline Act 1957;
an offence under section 47K of that Act;
an offence under section 18 or 20 of the Armed Forces Act 1991(1) committed before commencement;
an offence under any of sections 95 to 97 of the Reserve Forces Act 1996(2) committed before commencement.
2. In this Order—
(a)“appropriate criminal intent” includes an intent to commit an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 consisting of an offence under section 5(3) of the Misuse of Drugs Act 1971 (possession of a controlled drug with intent to supply another);
(b)“custody” includes custody under any of the service discipline Acts;
(c)“judge advocate” includes a judicial officer appointed under section 75L of the Army Act 1955, section 75L of the Air Force Act 1955 or section 47M of the Naval Discipline Act 1957.
3. In this Order “applicable service offence” includes an offence contrary to—
(a)section 24(1) of the Army Act 1955, section 24(1) of the Air Force Act 1955 or section 2(1) of the Naval Discipline Act 1957;
(b)section 25 of the Army Act 1955, section 25 of the Air Force Act 1955 or section 3 of the Naval Discipline Act 1957;
(c)section 26 of the Army Act 1955, section 26 of the Air Force Act 1955 or section 4 of the Naval Discipline Act 1957 which relates to an action or operation against an enemy;
(d)section 29(b) or (c) of the Army Act 1955, section 29(b) or (c) of the Air Force Act 1955 or section 6(b) or (c) of the Naval Discipline Act 1957;
(e)section 30(a) or (b) of the Army Act 1955, section 30(a) or (b) of the Air Force Act 1955 or section 5(a) or (b) of the Naval Discipline Act 1957;
(f)section 31 of the Army Act 1955, section 31 of the Air Force Act 1955 or section 9 of the Naval Discipline Act 1957;
(g)section 32 of the Army Act 1955, section 32 of the Air Force Act 1955 or section 10 of the Naval Discipline Act 1957;
(h)section 33(1)(a) of the Army Act 1955, section 33(1)(a) of the Air Force Act 1955 or section 11(a) of the Naval Discipline Act 1957;
(i)section 35 of the Army Act 1955, section 35 of the Air Force Act 1955 or section 14 of the Naval Discipline Act 1957;
(j)section 37 of the Army Act 1955, section 37 of the Air Force Act 1955 or section 16 of the Naval Discipline Act 1957 where the accused intended to avoid serving at any place overseas, or to avoid service or any particular service when before the enemy;
(k)section 44(1) of the Army Act 1955, section 44(1) of the Air Force Act 1955 or section 29(1) of the Naval Discipline Act 1957;
(l)section 48A of the Army Act 1955, section 48A of the Air Force Act 1955 or section 19 of the Naval Discipline Act 1957;
(m)section 49 of the Army Act 1955, section 49 of the Air Force Act 1955 or section 20 of the Naval Discipline Act 1957;
(n)section 54 of the Army Act 1955, section 54 of the Air Force Act 1955 or section 33A of the Naval Discipline Act 1957;
(o)section 55 of the Army Act 1955, section 55 of the Air Force Act 1955 or section 33B of the Naval Discipline Act 1957 unless the offence consists only of disobeying an order to go into arrest;
(p)section 56 of the Army Act 1955, section 56 of the Air Force Act 1955 or section 33C of the Naval Discipline Act 1957;
(q)section 68 of the Army Act 1955, section 68 of the Air Force Act 1955 or section 40 of the Naval Discipline Act 1957 of attempting to commit an offence within any of sub-paragraphs (a) to (p);
(r)section 68A of the Army Act 1955, section 68A of the Air Force Act 1955 or section 41 of the Naval Discipline Act 1957 of aiding, abetting or inciting the commission of an offence within any of sub-paragraphs (a) to (p); or
(s)section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 for which the corresponding civil offence is an offence specified in regulation 3 of the National Police Records (Recordable Offences) Regulations 2000.
4. In this Order “recordable service offence” includes an offence contrary to—
(a)section 29(b) or (c) of the Army Act 1955, section 29(b) or (c) of the Air Force Act 1955 or section 6(b) or (c) of the Naval Discipline Act 1957 (offences in relation to sentries, persons on watch etc);
(b)section 33(1)(a) of the Army Act 1955, section 33(1)(a) of the Air Force Act 1955 or section 11(a) of the Naval Discipline Act 1957 (insubordinate behaviour);
(c)section 35 of the Army Act 1955, section 35 of the Air Force Act 1955 or section 14 of the Naval Discipline Act 1957 (obstruction of provost officers);
(d)section 44(1) of the Army Act 1955, section 44(1) of the Air Force Act 1955 or section 29(1) of the Naval Discipline Act 1957(damage to, and loss of, public or service property etc);
(e)section 54 of the Army Act 1955, section 54 of the Air Force Act 1955 or section 33A of the Naval Discipline Act 1957 (permitting escape, and unlawful release of prisoners);
(f)section 55 of the Army Act 1955, section 55 of the Air Force Act 1955 or section 33B of the Naval Discipline Act 1957 (resistance to arrest) unless the offence consists only of disobeying an order to go into arrest;
(g)section 56 of the Army Act 1955, section 56 of the Air Force Act 1955 or section 33C of the Naval Discipline Act 1957(escape from confinement);
(h)section 68 of the Army Act 1955, section 68 of the Air Force Act 1955 or section 40 of the Naval Discipline Act 1957 of attempting to commit an offence within any of sub-paragraphs (a) to (g);
(i)section 68A of the Army Act 1955, section 68A of the Air Force Act 1957 or section 41 of the Naval Discipline Act 1957 of aiding and abetting or inciting the commission of an offence within any of sub-paragraphs (a) to (g);
(j)section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 for which the corresponding civil offence is an offence specified in regulation 3 of the National Police Records (Recordable Offences) Regulations 2000.
5. In this Order “serious service offence” includes an offence contrary to—
(a)section 33(1)(a) of the Army Act 1955, section 33(1)(a) of the Air Force Act 1955, or section 11(a) of the Naval Discipline Act 1957 (insubordinate behaviour),
(b)section 44(1) of the Army Act 1955, section 44(1) of the Air Force Act 1955, or section 29(1) of the Naval Discipline Act 1957 (damage to, and loss of, public or service property),
(c)section 62(1) of the Army Act 1955, section 62(1) of the Air Force Act 1955, or section 35(1) of the Naval Discipline Act 1957 (making of false documents),
(d)section 68 of the Army Act 1955, section 68 of the Air Force Act 1955, or section 40 of the Naval Discipline Act 1957 of attempting to commit an offence within any of sub-paragraphs (a), (b) and (c),
(e)section 68A of the Army Act 1955, section 68A of the Air Force Act 1955, or section 41 of the Naval Discipline Act 1957 of aiding and abetting or inciting the commission of an offence within any of sub-paragraphs (a), (b) and (c),
(f)section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 for which the corresponding civil offence is an indictable offence,
and any other service discipline Acts offence other than one which (by virtue of modifications made by an order under section 380 of the Act) may be dealt with at a summary hearing by a commanding officer.
6.—(1) Where immediately before commencement a person was within section 54(1)(a) or (b) of the 1984 Act—
(a)he shall be treated as a person within article 4(1)(a) or (b), as appropriate, and
(b)anything done with respect to him under a provision of section 54 of the 1984 Act shall be treated as if done under the equivalent provision of article 4.
(2) Article 4 shall apply to anything seized under section 54 of the 1984 Act if immediately before commencement it is being retained under that section.
7.—(1) Where an authorisation has been given by a service policeman under section 54A(1) of the 1984 Act—
(a)it shall be treated as an authorisation given under article 5(1); and
(b)anything done with respect to it under a provision of section 54A shall be treated as done under the equivalent provision of article 5.
(2) If an identifying mark within the meaning of section 54A of the 1984 Act has been found on a search or examination under that section it shall be treated as found on a search or examination under article 5.
(3) In article 5(9)—
(a)the reference to a photograph taken under article 5 includes a reference to a photograph taken under section 54A of the 1984 Act as applied with modifications by an order under section 113 of that Act; and
(b)the reference in its sub-paragraph (a) to a service offence includes a reference to a service discipline Acts offence.
8.—(1) Where an authorisation has been given by a service policeman under section 55(1) of the 1984 Act—
(a)it shall be treated as an authorisation given under article 6(1); and
(b)anything done with respect to it under a provision of section 55 shall be treated as done under the equivalent provisions of article 6.
(2) When an intimate search has been carried out under section 55 of the 1984 Act—
(a)it shall be treated as an intimate search under article 6;
(b)anything seized under section 55(12) of the 1984 Act shall be treated as seized under article 6(15); and
(c)anything done under a provision of section 55 with respect to the intimate search or with respect to anything seized in consequence of the search shall be treated as done under the equivalent provision of article 6.
(3) In article 6(17) a reference to a refusal to give the appropriate consent to a drug offence search of any person includes a reference to a refusal before commencement to give such consent under section 55 of the 1984 Act.
9.—(1) Where an authorisation has been given by a service policeman under section 55A(1) of the 1984 Act—
(a)it shall be treated as an authorisation given under article 7(1); and
(b)anything done with respect to it under a provision of section 55A of the 1984 Act shall be treated as done under the equivalent provision of article 7.
(2) Where an x-ray has been taken or an ultrasound scan carried out under section 55A of the 1984 Act—
(a)it shall be treated as one carried out under article 7; and
(b)anything done under a provision of section 55A with respect to it shall be treated as done under the equivalent provision of article 7.
(3) In article 7 a reference to a refusal to give the appropriate consent to an x-ray or ultrasound scan of any person includes a reference to a refusal to give such consent under section 55A(1) of the 1984 Act.
10. Where an authorisation has been given by a service policeman under section 56(2) of the 1984 Act—
(a)it shall be treated as an authorisation given under article 8(2); and
(b)anything done with respect to it under a provision of section 56 of the 1984 Act shall be treated as done under the equivalent provision of article 8.
11. Where an authorisation has been given by a service policeman under section 58(6) of the 1984 Act—
(a)it shall be treated as an authorisation given under article 9(5); and
(b)anything done with respect to it under a provision of section 58 shall be treated as done under the equivalent provision of article 9.
12.—(1) For the purposes of article 10(7)(b) any fingerprints taken under section 61(3), (4) or (6) of the 1984 Act without the appropriate consent shall be treated as having been taken under article 10(3), (5) or (6), as appropriate, unless with respect to the fingerprints section 61(7)(b) has been complied with before commencement.
(2) Article 10(8)(b) shall apply where before commencement a person’s fingerprints have been taken at a service police establishment, unless the fact referred to in section 61(7A)(b) of the 1984 Act has been recorded in writing before commencement.
(3) Where before commencement a person was in custody when his fingerprints were taken, article 10(9) shall apply, unless section 61(8) of the 1984 Act has been complied with before commencement.
13.—(1) Article 11(5)(6) shall apply where before commencement an impression of a person’s footwear has been taken at a service police establishment, unless section 61A(5)(6) of the 1984 Act was complied with before commencement.
(2) For the purposes of article 11(6)(b) where, by virtue of section 61A(3) of the 1984 Act, an impression of a person’s footwear was taken before commencement without the appropriate consent, it shall be treated as having been taken by virtue of article 11(3), unless section 61A(6)(b) was complied with before commencement.
14.—(1) Where an authorisation has been given by a service policeman under section 62(1) or 62(1A) of the 1984 Act—
(a)it shall be treated as an authorisation given under article 12(1) or 12(2) respectively; and
(b)anything done with respect to it under a provision of section 62 of the 1984 Act shall be treated as done under the equivalent provision of article 12.
(2) A reference in article 12 to the appropriate consent being given includes a reference to the appropriate consent being given in writing before commencement.
(3) For the purposes of article 12(7) an intimate sample taken under section 62 of the 1984 Act shall be treated as an intimate sample taken under article 12.
(4) Article 12(9)(b) shall apply where before commencement an intimate sample has been taken from a person at a service police establishment, unless section 62(7A)(b) has been complied with before commencement.
(5) In article 12(12) the reference to a refusal to give the appropriate consent to the taking of an intimate sample includes a reference to a refusal to give such consent to the taking of an intimate sample under section 62 of the 1984 Act.
(6) In article 12(13) the reference to the provision of a sample under section 306 of the Act includes a reference to the provision of a sample under section 32 of the Armed Forces Act 2001(3).
15.—(1) Where an authorising service policeman (within the meaning of the 1984 Act) has authorised under section 63(3)(b) of the 1984 Act a non-intimate sample to be taken—
(a)the reference in article 13(4)(b) to an authorising service policeman authorising the taking of such a sample includes a reference to the authorisation under section 63(3)(b);
(b)the reference in article 13(9) to an authorisation under article 13(4) includes a reference to an authorisation under section 63(3)(b), unless the service policeman who gave that authorisation has confirmed it in writing under section 63(5) of the 1984 Act; and
(c)the reference in article 13(11) to an authorisation includes a reference to an authorisation under section 63(3)(b), unless with respect to that authorisation a service policeman complied with section 63(6) and (7) of the 1984 Act.
(2) The reference in article 13(7) to a person to whom section 169 of the Act applies includes a reference to a person—
(a)to whom section 116A of the Army Act 1955, section 116A of the Air Force Act 1955 or section 63A of the Naval Discipline Act 1957 applied immediately before commencement; and
(b)from whom a non-intimate sample has not been taken under section 63(3C) of the 1984 Act.
(3) For the purposes of article 13(12), a non-intimate sample taken from a person by virtue of section 63(3) of the 1984 Act shall be treated as such a sample taken from a person by virtue of article 13(4), unless with respect to the sample a service policeman has complied with section 63(8) of the 1984 Act.
(4) Where by virtue of section 63(2A), (3A), (3B) or (3C) a sample was taken from a person without the appropriate consent, article 13(14)(b) shall apply as if it were a sample taken by virtue by virtue of article 13(3), (5), (6) or (7), unless with respect to the sample section 63(8A)(b) has been complied with.
(5) Where a non-intimate sample was taken before commencement from a person at a service police establishment, article 13(15)(b) shall apply with respect to the sample, unless section 63(8B)(b) has been complied with.
16. In article 14(1) the reference to samples taken under any power conferred by this Order includes a reference to samples taken under any power conferred by the 1984 Act as applied by an order under section 113 of that Act.
17.—(1) In article 15 a reference to a service offence includes a reference to a service discipline Acts offence.
(2) In article 15(1)(a), and 15(3)(a) “are taken” includes “has before commencement been taken under the 1984 Act as applied by an order under section 113 of that Act”.
(3) In article 15(6) “consents in writing” includes “has consented in writing under the 1984 Act as applied by an order under section 113 of that Act”.
(4) Where immediately before commencement the issue of a certificate to a person is required under section 64(6A) of the 1984 Act, article 15(10) shall apply to require the issue of the certificate to him not later than the end of the period of three months beginning with the day on which he asked for a certificate under section 64(6A).
(5) Where before commencement a fingerprint, impression of footwear or sample has under the 1984 Act as applied by an order under section 113 of that Act been taken from a person in connection with the investigation of a service discipline Acts offence—
(a)for the purposes of article 15(11) the relevant date is 2 years after commencement; and
(b)in article 15(11) “is taken” includes “has before commencement been taken under the 1984 Act as applied by an order under section 113 of that Act”.
18. In article 16(5)—
(a)the reference to a photograph taken under article 16 includes a reference to a photograph taken under section 64A of the 1984 Act as applied, with modifications, by an order under section 113 of that Act;
(b)the reference in its sub-paragraph (a) to a service offence includes a reference to a service discipline Acts offence.