Law

Armed Forces Act 2006

United Kingdom · statute

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In force since 2026-10-05, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 519 provisions
  1. Title and introductory text
  2. 1 Assisting an enemy
  3. 2 Misconduct on operations
  4. 3 Obstructing operations
  5. 4 Looting
  6. 5 Failure to escape etc
  7. 6 Mutiny
  8. 7 Failure to suppress mutiny
  9. 8 Desertion
  10. 9 Absence without leave
  11. 10 Failure to cause apprehension of deserters or absentees
  12. 11 Misconduct towards a superior officer
  13. 12 Disobedience to lawful commands
  14. 13 Contravention of standing orders
  15. 14 Using force against a sentry etc
  16. 15 Failure to attend for or perform duty etc
  17. 16 Malingering
  18. 17 Disclosure of information useful to an enemy
  19. 18 Making false records etc
  20. 19 Conduct prejudicial to good order and discipline
  21. 20 Unfitness or misconduct through alcohol or drugs
  22. 20A Exceeding alcohol limit for prescribed safety-critical duties
  23. 21 Fighting or threatening behaviour etc
  24. 22 Ill-treatment of subordinates
  25. 23 Disgraceful conduct of a cruel or indecent kind
  26. 24 Damage to or loss of public or service property
  27. 25 Misapplying or wasting public or service property
  28. 26 Sections 24 and 25: “public property” and “service property”
  29. 27 Obstructing or failing to assist a service policeman
  30. 28 Resistance to arrest etc
  31. 29 Offences in relation to service custody
  32. 30 Allowing escape, or unlawful release, of prisoners etc
  33. 31 Hazarding of ship
  34. 32 Giving false air signals etc
  35. 33 Dangerous flying etc
  36. 34 Low flying
  37. 35 Annoyance by flying
  38. 36 Inaccurate certification
  39. 37 Prize offences by officer in command of ship or aircraft
  40. 38 Other prize offences
  41. 39 Attempts
  42. 40 Encouraging and assisting
  43. 41 Aiding, abetting, counselling or procuring
  44. 42 Criminal conduct
  45. 43 Attempting criminal conduct
  46. 44 Trial of section 42 offence of attempt
  47. 45 Conspiring to commit criminal conduct
  48. 46 Encouraging or assisting criminal conduct
  49. 47 Aiding, abetting, counselling or procuring criminal conduct
  50. 48 Provision supplementary to sections 43 to 47
  51. 49 Air Navigation Order offences
  52. 50 Jurisdiction of the Court Martial
  53. 51 Jurisdiction of the Service Civilian Court
  54. 52 Charges capable of being heard summarily
  55. 53 Offences that may be dealt with at a summary hearing
  56. 54 Charges which may be heard summarily only with permission or by senior officer
  57. 55 Time limit for charging former member of a regular or reserve force
  58. 56 Time limit for charging certain members or former members of ex-regular reserve forces
  59. 57 Time limit for charging person formerly subject to service law
  60. 58 Time limit for charging civilian formerly subject to service discipline
  61. 59 Time limit for charging offence under section 107
  62. 60 Time limit for charging offence under section 266
  63. 61 Sections 55 to 60: exceptions and interpretation
  64. 62 Time limit for charging Reserve Forces Act offences
  65. 63 Service proceedings barring subsequent service proceedings
  66. 64 Service proceedings barring subsequent civilian proceedings
  67. 65 Sections 63 and 64: supplementary
  68. 66 Civilian proceedings barring subsequent service proceedings
  69. 67 Power of arrest for service offence
  70. 68 Section 67: supplementary
  71. 69 Power of arrest in anticipation of commission of service offence
  72. 70 Search by service policeman upon arrest
  73. 71 Search by other persons upon arrest
  74. 72 Sections 70 and 71: supplementary
  75. 73 Seizure and retention after search upon arrest
  76. 74 Power to make provision conferring power to search premises at which person arrested
  77. 75 Power of service policeman to stop and search persons, vehicles etc
  78. 76 Stop and search by persons other than service policemen
  79. 77 Sections 75 and 76: definitions
  80. 78 Places in which powers under sections 75 and 76 may be exercised
  81. 79 Sections 75 and 76: limitation on searching persons or vehicles in certain gardens etc
  82. 80 Searches under sections 75 and 76: supplementary
  83. 81 Power to make further provision about searches under sections 75 and 76
  84. 82 Application of Chapter to ships and aircraft
  85. 83 Power of judge advocate to authorise entry and search
  86. 84 Section 83: definitions
  87. 85 Section 83: power to make supplementary provision
  88. 86 Power to make provision as to access to excluded material etc
  89. 87 Power of CO to authorise entry and search by service policeman
  90. 88 Power of CO to authorise entry and search by other persons
  91. 89 Review by judge advocate of certain searches under section 87 or 88
  92. 90 Entry for purpose of arrest etc by a service policeman
  93. 91 Entry for purpose of arrest etc by other persons
  94. 92 Power to make provision conferring powers of entry and search after arrest
  95. 93 Power to make provision conferring power of seizure etc
  96. 93ZE Powers of seizure equivalent to powers under section 13 of the Terrorism Act 2000
  97. 93A Commanding officer's power to require preliminary tests
  98. 93AA Section 93A: interpretation
  99. 93B Preliminary breath test
  100. 93C Preliminary impairment test
  101. 93D Preliminary drug test
  102. 93E Provision of specimens for analysis
  103. 93F Further provision about specimens under section 93E
  104. 93G Specimens of blood from persons incapable of consenting
  105. 93H Patients in medical establishments
  106. 93I Definitions for purposes of Chapter 3A
  107. 94 Property in possession of service police or CO
  108. 94A Property subject to deprivation order: modification of section 94
  109. 95 Saving provision
  110. 96 “Service living accommodation”, “premises” and other definitions
  111. 97 Power to use reasonable force
  112. 98 Limitations on custody without charge
  113. 99 Authorisation by commanding officer of custody without charge
  114. 100 Review of custody by commanding officer
  115. 101 Extension by judge advocate of custody without charge
  116. 102 Further provision about applications under section 101
  117. 103 Custody without charge: other cases
  118. 104 Custody without charge: supplementary
  119. 105 Custody after charge
  120. 106 Conditions A to D
  121. 107 Release from custody after charge
  122. 108 Review of custody after charge
  123. 109 Custody during proceedings of Court Martial or Service Civilian Court
  124. 110 Arrest after charge or during proceedings by order of commanding officer
  125. 111 Arrest during proceedings at direction of court
  126. 112 Custody proceedings rules
  127. 113 CO to ensure service police aware of possibility serious offence committed
  128. 114 CO to ensure service police aware of certain circumstances
  129. 115 Duty of CO with respect to investigation of service offences
  130. 115A Provost Marshal's duty in relation to independence of investigations
  131. 116 Referral of case following investigation by service or civilian police
  132. 117 Section 116: position where investigation is of multiple offences or offenders
  133. 118 Duty of service policeman to notify CO of referral to DSP
  134. 119 Circumstances in which CO has power to charge etc
  135. 120 Power of CO to charge etc
  136. 121 Power of DSP to charge or direct bringing of charge etc
  137. 122 Charges brought by or at direction of DSP
  138. 123 Powers of CO after charge
  139. 124 CO to hear charge allocated for summary hearing
  140. 125 Powers of DSP in respect of charge allocated for Court Martial trial
  141. 126 Powers of DSP in respect of charge allocated for SCC trial
  142. 127 Directions by DSP barring further proceedings
  143. 128 Regulations for purposes of Part 5
  144. 129 Right to elect Court Martial trial
  145. 130 Further consequences of election for Court Martial trial
  146. 130A Restrictions on DSP's powers to substitute or add charges after election
  147. 131 Summary hearing
  148. 132 Punishments available to commanding officer
  149. 133 Detention: limits on powers
  150. 134 Forfeiture of seniority: requirement for approval
  151. 135 Reduction in rank: limits on powers
  152. 135A Extended powers: time for obtaining
  153. 136 Fine: maximum amount
  154. 137 Service compensation orders: maximum amount
  155. 138 Prohibited combinations of punishments
  156. 139 Savings for maximum penalties for offences
  157. 140 The Summary Appeal Court
  158. 141 Right of appeal
  159. 142 Constitution of the SAC for appeals
  160. 143 Officers and warrant officers qualified for membership of the SAC
  161. 144 Officers and warrant officers ineligible for membership in particular circumstances
  162. 145 Open court
  163. 146 Hearing of appeals
  164. 147 Powers of the SAC
  165. 148 Effect of substituted punishment
  166. 149 Making of, and appeals from, decisions of the SAC
  167. 150 Privileges of witnesses and others
  168. 151 SAC rules
  169. 152 Review of summary findings and punishments
  170. 153 Summary hearings etc rules
  171. 154 The Court Martial
  172. 155 Constitution of the Court Martial
  173. 156 Officers etc qualified for membership of the Court Martial
  174. 157 Officers etc ineligible for membership in particular circumstances
  175. 158 Open court
  176. 159 Rulings and directions
  177. 160 Decisions of Court Martial: finding and sentence
  178. 161 Power of Court Martial to convict of offence other than that charged
  179. 162 Privileges of witnesses and others
  180. 163 Court Martial rules
  181. 163A Offences
  182. 164 Punishments available to Court Martial
  183. 165 Sentencing powers of Court Martial where election for trial by that court instead of CO
  184. 166 Fitness to stand trial
  185. 167 Finding that defendant did the act or made the omission charged
  186. 168 Findings of insanity
  187. 169 Powers where person unfit to stand trial or not guilty by reason of insanity
  188. 170 Service supervision orders
  189. 171 Remission for trial
  190. 172 Provision supplementary to sections 166 and 168
  191. 173 Service supervision and punishment orders
  192. 174 Review of service supervision and punishment orders
  193. 175 Service compensation orders
  194. 176 Service compensation orders: appeals etc
  195. 177 Review of service compensation orders
  196. 177A Effect of service compensation order on subsequent award of damages in civil proceedings
  197. 177B Deprivation orders: interpretation
  198. 177C Deprivation order: availability
  199. 177D Vehicle to be treated as used for purposes of certain offences
  200. 177DA Purported intimate images to be treated as used for purpose of certain offences
  201. 177E Exercise of power to make deprivation order
  202. 177F Application of proceeds of property subject to deprivation order
  203. 177G Driving disqualification orders
  204. 177H Driving disqualification: availability
  205. 177I Disqualification period
  206. 177J Extension of disqualification where custodial sentence or service detention also imposed
  207. 177K Effect of custodial sentence or service detention in other cases
  208. 177L Requirement to produce licences where driving disqualification order made
  209. 177M Driving disqualification: power to make equivalent provision to Road Traffic Offenders Act 1988
  210. 178 Service community orders
  211. 179 Review of service community order imposing drug rehabilitation requirement
  212. 180 Transfer of service community order to Scotland or Northern Ireland
  213. 181 Breach, revocation or amendment of service community order
  214. 182 Overseas community orders
  215. 183 Overseas community orders: modifications of the Sentencing Code
  216. 184 Breach, revocation or amendment of overseas community order
  217. 185 Conditional or absolute discharge
  218. 186 Commission of further offence by person conditionally discharged
  219. 187 Effect of discharge
  220. 188 Consecutive custodial sentences
  221. 189 Consecutive sentences of service detention
  222. 190 Suspension of sentence of service detention
  223. 191 Activation by Court Martial of suspended sentence of service detention
  224. 192 Activation by Court Martial: appeals
  225. 193 Activation by CO of suspended sentence of service detention
  226. 194 Activation by CO: maximum term
  227. 194A Extended powers of activation: time for obtaining
  228. 195 Suspended sentences: powers of SAC
  229. 196 Term of sentence etc
  230. 197 Imprisonment with or without a custody plus order
  231. 198 Transfer to Scotland or Northern Ireland of custody plus order
  232. 199 Revocation and amendment of custody plus orders
  233. 200 Suspended sentence orders
  234. 200ZA Modifications of sections 264 and 277 of the Sentencing Code
  235. 200ZB Modifications of sections 264A and 277A of the Sentencing Code
  236. 200A Modifications of section 286 of the Sentencing Code
  237. 201 Order without community requirements: provisions not applying
  238. 202 Order with community requirements: disapplication of certain provisions
  239. 203 Review of order with community requirements
  240. 204 Transfer to Scotland or Northern Ireland of order with community requirements
  241. 205 Amendment of order with community requirements
  242. 206 Suspended sentence: further conviction or breach of community requirement
  243. 207 Definitions for purposes of Chapter
  244. 208 Prohibition on imposing imprisonment on persons under 21
  245. 209 Offenders under 18 convicted of certain serious offences: detention for specified period
  246. 210 Detention under section 209: place of detention etc
  247. 210A Offenders under 21: offences other than murder; discretionary custody for life
  248. 210B Offenders under 21: power to impose detention in a young offender institution
  249. 211 Offenders under 18: detention and training orders
  250. 212 Term of detention and training order: general
  251. 213 Application of provisions relating to civilian detention and training orders
  252. 213A Period in service custody: effect on term of detention and training order
  253. 213B Period of custody awaiting extradition: effect on term of detention and training order
  254. 214 Offences during currency of detention and training order
  255. 215 Section 214: definitions etc
  256. 216 Appeals against orders under section 214
  257. 217 Mandatory life imprisonment
  258. 218 Offenders who commit murder etc when under 18: mandatory detention at Her Majesty's pleasure
  259. 218A Life sentence for second listed offence
  260. 219 Life sentence for certain dangerous offenders aged 18 or over
  261. 219A Extended sentence for certain violent , sexual or terrorism offenders aged 18 or over
  262. 220 Certain violent or sexual offences: offenders aged 18 or over
  263. 221 Life sentence for certain dangerous offenders aged under 18
  264. 221A Extended sentence for certain violent , sexual or terrorism offenders aged under 18
  265. 222 Offenders aged under 18: certain violent or sexual offences
  266. 223 “The required opinion” for purposes of sections 219 to 221A
  267. 224 Place of detention for extended sentences for offenders aged under 18
  268. 224A Special custodial sentence for certain offenders of particular concern
  269. 225 Third drug trafficking offence
  270. 226 Third domestic burglary
  271. 227 Firearms offences
  272. 227A Offences of threatening with a weapon in public or on school premises
  273. 228 Appeals where previous convictions set aside
  274. 229 Service restraining orders
  275. 230 Service restraining orders: supplementary
  276. 231 Service restraining orders: appeals
  277. 232 Service restraining orders: variation and revocation
  278. 232A Service sexual offences prevention orders
  279. 232B Service SOPOs: appeals
  280. 232C Service SOPOs etc: variation and revocation
  281. 232D Variation or revocation: appeals
  282. 232E Extended prohibitions orders
  283. 232F Extended prohibitions orders: appeals
  284. 232G Offence: breach of order under section 232A or 232E
  285. 233 Order for service parent or service guardian to enter into recognizance
  286. 234 Recognizances and fines under section 233: further provision
  287. 235 Recognizances: appeals, variation and revocation
  288. 236 Forfeiture of recognizance
  289. 236A Disqualification orders
  290. 236B Effect of disqualification order
  291. 237 Duty to have regard to purposes of sentencing etc
  292. 238 Deciding the seriousness of an offence
  293. 239 Reduction in sentences for guilty pleas
  294. 240 Increase in sentence for racial or religious aggravation
  295. 241 Increase in sentence for aggravation related to disability , sexual orientation or transgender identity
  296. 242 Service detention: general restriction
  297. 243 Length of term of service detention: general provision
  298. 244 Limit on combined term of sentences of service detention
  299. 245 Section 244: supplementary
  300. 246 Crediting of time in service custody: terms of imprisonment and detention
  301. 247 Crediting of time in service custody: supplementary
  302. 248 Forfeiture of seniority and reduction in rank or disrating: general restriction
  303. 249 Fixing of fines
  304. 250 Determination of service compensation order
  305. 251 Power to allow payment of fine or service compensation order by instalments
  306. 252 Duty to give reasons and explain sentence
  307. 253 Duties in complying with section 252
  308. 253A Finding of domestic abuse
  309. 254 Savings for powers to mitigate sentence etc
  310. 255 Individual sentence for each offence
  311. 256 Pre-sentence reports
  312. 257 Pre-sentence reports: supplementary
  313. 258 Mentally disordered offenders: requirement for medical report
  314. 259 Sentencing guidelines
  315. 260 Discretionary custodial sentences: general restrictions
  316. 261 Length of discretionary custodial sentences: general provision
  317. 261A Life sentences: further provision
  318. 262 Power to recommend licence conditions
  319. 262A Conversion of sentence of detention to sentence of imprisonment
  320. 263 Restriction on imposing custodial sentence or service detention on unrepresented offender
  321. 264 Effect of duties to pass custodial sentences on other powers of punishment
  322. 265 Dismissal: general restrictions
  323. 266 Financial statement orders
  324. 267 Power of court to remit fine
  325. 268 Order for service parent or service guardian to pay fine or compensation
  326. 269 Fixing of fine or compensation to be paid by parent or guardian
  327. 269A Fines: fixing of term of imprisonment for default
  328. 269B Service compensation orders: power to set maximum term of imprisonment for default
  329. 269C Orders under section 269A or 269B against service parents or service guardians: appeals
  330. 270 Community punishments: general restrictions etc
  331. 270A Exception to restrictions on community punishments
  332. 271 Civilian courts dealing with service offences
  333. 272 Appeals to the Court Martial Appeal Court
  334. 273 Review of unduly lenient sentence by Court Martial Appeal Court
  335. 274 Reference of point of law to Supreme Court
  336. 275 Power to make supplementary provision about review of sentence
  337. 276 Compensation for miscarriages of justice
  338. 276A Miscarriages of justice: amount of compensation
  339. 276B Cases where person has been detained for at least 10 years
  340. 277 The Service Civilian Court
  341. 278 Constitution and proceedings of the Service Civilian Court
  342. 279 Court must consider whether trial by Court Martial more appropriate
  343. 280 Right to elect trial by Court Martial instead of by SCC
  344. 281 Power of SCC to convict of offence other than that charged
  345. 282 Punishments available to Service Civilian Court
  346. 283 Imprisonment: maximum term
  347. 284 Fines and compensation orders: maximum amounts
  348. 285 Right of appeal from SCC
  349. 286 Hearing of appeals from SCC
  350. 287 Findings made and sentences passed by Court Martial on appeal from SCC
  351. 288 SCC rules
  352. 289 Commencement of sentences of the Court Martial and Service Civilian Court
  353. 290 Commencement of term of service detention awarded by CO
  354. 291 Commencement of consecutive term of service detention awarded by CO
  355. 292 Commencement of suspended sentence activated by CO
  356. 293 Effect on rank or rate of WOs and NCOs of custodial sentence or sentence of service detention
  357. 294 Rank or rate of WOs and NCOs while in custody pursuant to custodial sentence etc
  358. 295 Effect of sentence of dismissal
  359. 296 Service detention
  360. 297 Detention in service custody following passing of custodial sentence etc
  361. 298 Removal to England and Wales following passing of custodial sentence etc
  362. 299 Duty to receive prisoners
  363. 300 Service custody etc rules
  364. 301 Duration of sentences: persons unlawfully at large or on temporary release
  365. 302 Remission of certain sentences on passing of custodial sentence etc
  366. 303 Power of service policeman to arrest person unlawfully at large
  367. 304 Sentences passed by civilian courts
  368. 304A Immunity from prosecution
  369. 304B Undertakings as to use of evidence
  370. 304C Reduction in sentence
  371. 304D Review of sentence following offer of assistance
  372. 304E Review of sentence following failure to assist
  373. 304F Sections 304C to 304E: statements in open court
  374. 304G Sections 304D and 304E: exclusion of public from review proceedings
  375. 304H Meaning of “sentence”
  376. 305 Random drug testing
  377. 306 Testing for alcohol and drugs after serious incident
  378. 307 Definitions etc for purposes of section 306
  379. 308 Section 305: supplementary
  380. 309 Offences of misbehaviour in court etc
  381. 310 Power to detain before dealing with section 309 offence
  382. 311 Certification to civil courts
  383. 312 Decisions of court under section 309: making and effect
  384. 313 Arrest by civilian police under warrant of judge advocate
  385. 314 Arrest by civilian police of deserters and absentees without leave
  386. 315 Deserters and absentees without leave surrendering to civilian police
  387. 316 Proceedings before civilian court where person suspected of illegal absence
  388. 317 Warrant for the arrest of persons released under section 315(4)(c) or 316(3)(a)(ii)
  389. 318 Arrest by civilian police of persons unlawfully at large
  390. 319 Certificates in connection with transfer to service custody etc
  391. 320 Power to use reasonable force
  392. 320A Guidance on exercise of criminal jurisdiction: England or Wales
  393. 320B Guidance on exercise of criminal jurisdiction: Scotland
  394. 320C Guidance on exercise of criminal jurisdiction: Northern Ireland
  395. 321 Powers of the Criminal Cases Review Commission
  396. 321A Inspection of service police investigations
  397. 321B Inspectors' reports to be laid before Parliament
  398. 322 Financial penalty enforcement orders
  399. 323 Power to make provision in consequence of criminal justice enactments
  400. 324 Section 323: definitions
  401. 325 Evidential burden as respects excuses
  402. 326 Exclusion of enactments requiring consent of Attorney General or DPP
  403. 327 Local probation boards
  404. 328 Enlistment
  405. 329 Terms and conditions of enlistment and service
  406. 330 Desertion and absence without leave: forfeiture of service etc
  407. 331 Discharge etc from the regular forces and transfer to the reserve forces
  408. 332 Administrative reduction in rank or rate
  409. 333 Pay, bounty and allowances
  410. 334 Redress of individual grievances: service complaints
  411. 335 Service complaints: role of Defence Council and service complaint panels
  412. 336 Composition and procedure of service complaint panels
  413. 336A Requirement to delegate to service complaint panel
  414. 337 Reference of individual grievance to Her Majesty
  415. 338 Referral by Service Complaints Commissioner of certain allegations
  416. 339 Reports by Commissioner on system for dealing with service complaints etc
  417. 340 Restriction on aliens in regular forces etc
  418. 340A Who can make a service complaint?
  419. 340B Procedure for making a complaint and determining admissibility
  420. 340C Decisions on service complaints
  421. 340D Appeals
  422. 340E Further provision about persons and panels deciding service complaints etc
  423. 340F Investigation of complaints and delegation of Defence Council functions
  424. 340G Service complaints: other time limits
  425. 340H Commissioner investigations of service complaints
  426. 340I Procedure on Commissioner investigations of service complaints
  427. 340IA Commissioner investigations of general service welfare matters
  428. 340IB Power of entry to service premises
  429. 340J Power to require information, documents and evidence
  430. 340K Obstruction and contempt
  431. 340L Report and recommendations : service complaints investigations
  432. 340LA Report and recommendations: general service welfare investigations
  433. 340M Action following receipt of report under section 340L
  434. 340N Referral of certain allegations
  435. 340O Annual report of Armed Forces Commissioner
  436. 340P Complaints, misconduct etc
  437. 340Q Investigation of concerns raised by whistle-blowers
  438. 340R Power to make super-complaints
  439. 341 Forfeitures and deductions: general provisions
  440. 342 Permitted forfeitures and deductions
  441. 343 Service inquiries
  442. 343A Armed forces covenant report
  443. 343AA Due regard to principles: England
  444. 343AB Due regard to principles: Wales
  445. 343AC Due regard to principles: Scotland
  446. 343AD Due regard to principles: Northern Ireland
  447. 343AE Sections 343AA to 343AD: guidance
  448. 343AF Sections 343AA to 343AD: power to add bodies and functions
  449. 343B Interpretation of Part
  450. 344 Aiding or abetting etc desertion or absence without leave
  451. 345 Aiding or abetting etc malingering
  452. 346 Obstructing persons subject to service law in course of duty
  453. 347 Sections 344 to 346: supplementary provisions
  454. 348 British overseas territories: references to maximum penalties
  455. 349 Exemption from tolls and charges
  456. 350 Exemption of property used for service purposes from execution
  457. 351 Detention etc of persons in overseas service hospitals
  458. 352 Power to take affidavits and declarations
  459. 353 Protection of children of service families
  460. 354 Extension of powers of command dependent on rank or rate
  461. 355 Service of process
  462. 356 Avoidance of assignment of or charge on pay and pensions etc
  463. 357 Power of British overseas territory to apply Act, etc
  464. 358 Amendments relating to reserve forces
  465. 359 Pardons for servicemen executed for disciplinary offences: recognition as victims of First World War
  466. 360 Meaning of “commanding officer”
  467. 361 Meaning of “higher authority”
  468. 362 Judge advocates
  469. 363 Court administration officer
  470. 364 Director of Service Prosecutions
  471. 365 Prosecuting officers
  472. 365AA Armed Forces Commissioner
  473. 365A Provost Marshals: appointment
  474. 365B Service Complaints Ombudsman
  475. 365BA Service Police Complaints Commissioner
  476. 365BB Investigating officers
  477. 366 Service Complaints Commissioner
  478. 367 Persons subject to service law: regular and reserve forces
  479. 368 References to members of the regular forces
  480. 369 Members of British overseas territories' forces serving with UK forces
  481. 370 Civilians subject to service discipline
  482. 371 Naval chaplains
  483. 371A Power to make provision in relation to protected prisoners of war
  484. 372 Evidence in proceedings before civilian courts
  485. 373 Orders, regulations and rules
  486. 374 Definitions applying for purposes of whole Act
  487. 375 Definitions relating to the service police and other police forces
  488. 376 “Conviction”, “sentence” etc in relation to summary hearings and the SAC
  489. 377 Further interpretive provisions
  490. 378 Minor and consequential amendments and repeals
  491. 379 Power to make further amendments and repeals
  492. 380 Power to make transitional and transitory provision
  493. 381 Alignment of SDAs etc with this Act
  494. 382 Duration of this Act
  495. 383 Commencement
  496. 384 Extent to Channel Islands, Isle of Man and British overseas territories
  497. 385 Extent of applied enactments
  498. 386 Short title
  499. SCHEDULE 1 Criminal conduct offences that may be dealt with at a summary hearing
  500. SCHEDULE 2 “Schedule 2 offences”
  501. SCHEDULE 2A Offences relating to members of the Court Martial
  502. SCHEDULE 3 Civilians etc: modifications of Court Martial sentencing powers
  503. SCHEDULE 3A Court Martial sentencing powers where election for trial by that court instead of CO
  504. SCHEDULE 4 Unfitness and insanity: modifications of Mental Health Act 1983
  505. SCHEDULE 6 Overseas community orders: young offenders
  506. SCHEDULE 6A Breach, revocation and amendment of overseas community orders
  507. SCHEDULE 7 Suspended sentence orders: breach or amendment; effect of further conviction
  508. SCHEDULE 8 Amendment of the Courts-Martial (Appeals) Act 1968
  509. SCHEDULE 9 Assessors of compensation for miscarriages of justice
  510. SCHEDULE 10 Proceedings of the Service Civilian Court
  511. SCHEDULE 11 Powers of the Criminal Cases Review Commission
  512. SCHEDULE 12 Detention etc of persons in overseas service hospitals
  513. SCHEDULE 13 Protection of children of service families
  514. SCHEDULE 14 Amendments relating to reserve forces
  515. SCHEDULE 14ZA The Armed Forces Commissioner
  516. Schedule 14A The Service Police Complaints Commissioner
  517. SCHEDULE 15 Civilians subject to service discipline
  518. SCHEDULE 16 Minor and consequential amendments
  519. SCHEDULE 17 Repeals and Revocations

Proposed changes to this act

No one has proposed a change to this act yet.

519 provisions

107 Release from custody after charge

(1) Subsections (2) and (3) apply where, at a hearing under section 105(1), the judge advocate does not authorise keeping the accused in service custody. (2) Subject to subsection (3), the accused must be released from service custody without delay. (3) The accused may be required to comply, before release or later, with such requirements as appear to the judge advocate to be necessary— (a) to secure his attendance at any hearing in the proceedings against him; (b) to secure that he does not commit an offence while released from custody; (c) to secure that he does not interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person; or (d) for his own protection or, if he is aged under 17, for his own welfare or in his own interests. (4) On an application made— (a) by or on behalf of the accused, or (b) by the commanding officer of the accused, any requirement imposed under subsection (3) (including such a requirement as previously varied under this subsection) may be varied or discharged by a judge advocate. (5) A person on whom a requirement has been imposed by virtue of subsection (3)(a) commits an offence if, without reasonable excuse, he fails to attend any hearing to which the requirement relates. (6) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.

Propose a change

108 Review of custody after charge

(1) Where the keeping of the accused in service custody is authorised by an order under section 105(2), it must be reviewed by a judge advocate 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 must— (a) release the accused from service custody; or (b) request a review. (3) Where a request is made under subsection (2)(b), a review must be carried out as soon as practicable. (4) Sections 105(2) to (6), 106 and 107 apply in relation to a review as they apply in relation to a hearing under section 105(1); but the application of section 105(3) is subject to subsection (7). (5) At the first review the accused may support an application for release from service custody with any argument as to fact or law (whether or not he has advanced that argument previously). (6) At subsequent reviews the judge advocate 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 judge advocate may, if the accused consents, authorise the keeping of the accused in service custody for a period of not more than 28 days. (8) In this section “review” means a review under subsection (1).

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109 Custody during proceedings of Court Martial or Service Civilian Court

(1) In relation to a review under section 108(1) which takes place between— (a) the arraignment of the accused before the Court Martial or the Service Civilian Court, and (b) the conclusion of proceedings before the court, section 105(2) to (6) (as applied by section 108(4)) apply with the following modifications. (2) The reference in section 105(2) to conditions A to C is to be read as a reference to conditions A to D. (3) Where the accused is awaiting sentence— (a) references in section 105(4)(a) and (5) to an offence with which the accused is charged are to be read as references to the offence for which he is awaiting sentence; and (b) section 105(4)(d) does not apply.

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110 Arrest after charge or during proceedings by order of commanding officer

(1) The commanding officer of a person who— (a) has been charged with, or is awaiting sentence for, a service offence, and (b) is not in service custody, may, if satisfied that taking that person into service custody is justified, give orders for his arrest. (2) For the purposes of this section, taking a person into service custody is justified if there are reasonable grounds for suspecting that, if not taken into service custody, he would— (a) fail to attend any hearing in the proceedings against him; (b) commit an offence; or (c) interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person. (3) Taking a person into service custody is also justified for the purposes of this section if— (a) he has failed to attend any hearing in the proceedings against him; (b) there are reasonable grounds for suspecting that he should be taken into service custody for his own protection or, if he is aged under 17, for his own welfare or in his own interests; or (c) there are reasonable grounds for suspecting that— (i) if not taken into service custody, he would fail to comply with a requirement imposed under section 107(3); or (ii) he has failed to comply with such a requirement. (4) A person arrested under subsection (1) who is kept in service custody— (a) must as soon as is practicable be brought before a judge advocate for a review of whether he should continue to be kept in service custody; and (b) on that review is to be dealt with as on a review under section 108(1) (see sections 108(4) to (8) and 109). (5) Where a power of arrest is conferred on any person by virtue of this section, he may use reasonable force, if necessary, in the exercise of the power.

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111 Arrest during proceedings at direction of court

(1) Where— (a) a person has been arraigned before the Court Martial or the Service Civilian Court, and (b) proceedings before the court have not concluded, a judge advocate, if satisfied that taking him into service custody is justified, may direct the arrest of that person. (2) Any person with power to arrest that person for a service offence has the same power, exercisable in the same way, to arrest him pursuant to a direction under subsection (1). (3) Subsections (2) and (3) of section 110 apply for the purposes of this section. (4) A person arrested under this section who is kept in service custody— (a) must as soon as is practicable be brought before a judge advocate for a review of whether he should continue to be kept in service custody; and (b) on that review is to be dealt with as on a review under section 108(1) (see sections 108(4) to (8) and 109).

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112 Custody proceedings rules

(1) The Secretary of State may make rules with respect to proceedings— (a) on an application under section 101; (b) under section 105(1); (c) on an application under section 107(4); (d) on a review under section 108(1), 110(4), 111(4) or 171(2). (2) Rules under this section may in particular make provision— (a) with respect to arrangements preliminary to the proceedings; (b) with respect to the representation of the person to whom the proceedings relate; (c) with respect to evidence, including the admissibility of evidence; (d) for procuring the attendance of witnesses; (e) with respect to the immunities and privileges of witnesses; (f) with respect to oaths and affirmations; (g) with respect to circumstances in which a review under section 108(1), 110(4), 111(4) or 171(2) may be carried out without a hearing; (h) with respect to the use for the purposes of the proceedings of live television or telephone links or similar arrangements, including the use of such links or other arrangements as a means of satisfying any requirement imposed by this Act for a person to be brought before a judge advocate; (i) for the appointment of persons to discharge administrative functions under the rules.

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113 CO to ensure service police aware of possibility serious offence committed

(1) If an officer becomes aware of an allegation or circumstances within subsection (2), he must as soon as is reasonably practicable ensure that a service police force or the tri-service serious crime unit is aware of the matter. (2) An allegation is, or circumstances are, within this subsection if it or they would indicate to a reasonable person that a Schedule 2 offence has or may have been committed by a relevant person. (3) In subsection (2) “relevant person” means a person whose commanding officer is the officer mentioned in subsection (1). (4) In this Chapter “Schedule 2 offence” means a service offence listed in Schedule 2. (5) The Secretary of State may by order amend Schedule 2.

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114 CO to ensure service police aware of certain circumstances

(1) If an officer of a prescribed description becomes aware of circumstances of a prescribed description, he must as soon as is reasonably practicable ensure that a service police force or the tri-service serious crime unit is aware of the matter. (2) In this section “prescribed” means prescribed by regulations under section 128.

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115 Duty of CO with respect to investigation of service offences

(1) This section applies where— (a) an officer becomes aware of an allegation or circumstances within subsection (2); and (b) the officer is not required by section 113(1) or 114(1) to ensure that a service police force or the tri-service serious crime unit is aware of the matter. (2) An allegation is, or circumstances are, within this subsection if it or they would indicate to a reasonable person that a service offence has or may have been committed by a relevant person. (3) In subsection (2) “relevant person” means a person whose commanding officer is the officer mentioned in subsection (1). (4) The officer must either— (a) ensure that the matter is investigated in such way and to such extent as is appropriate; or (b) ensure, as soon as is reasonably practicable, that a service police force or the tri-service serious crime unit is aware of the matter. (5) Subsection (4) does not apply if the matter has already been investigated in such way and to such extent as is appropriate.

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115A Provost Marshal's duty in relation to independence of investigations

(1) Subsection (2) applies in relation to each service police force. (2) The Provost Marshal of the force has a duty, owed to the Defence Council, to seek to ensure that all investigations carried out by the force are free from improper interference. (2A) The Provost Marshal for serious crime has a duty, owed to the Defence Council, to seek to ensure that all investigations carried out by the tri-service serious crime unit are free from improper interference. (3) “Improper interference” includes, in particular, any attempt by a person who is not a service policeman to direct an investigation which is being carried out by the force or (as the case may be) the unit.

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116 Referral of case following investigation by service or civilian police

(1) This section applies where— (a) a service police force or the tri-service serious crime unit has investigated an allegation which indicates, or circumstances which indicate, that a service offence has or may have been committed; or (b) a UK police force or overseas police force has investigated such an allegation or such circumstances and has referred the matter to a service police force or the tri-service serious crime unit. (2) If— (a) a service policeman considers that there is sufficient evidence to charge a person with a service offence that is not a CO offence, or (b) a service policeman considers that there is sufficient evidence to charge a person with a service offence that is a CO offence, and is aware of circumstances of a description prescribed by regulations under section 128 for the purposes of this paragraph, he must refer the case to the Director of Service Prosecutions (“the Director”). (3) If— (a) a service policeman considers that there is sufficient evidence to charge a person with a service offence, ... (b) subsection (2) does not apply , and (c) section 117(5) (referral of connected cases to DSP) does not apply, he must refer the case to the person's commanding officer. (4) Subsection (4A) applies if— (a) the allegation or circumstances would indicate to a reasonable person that a person has committed, or might have committed, a service offence which is not one that may be dealt with at a summary hearing (see section 53), or (b) any circumstances investigated are circumstances of a description prescribed by regulations under section 128 for the purposes of section 114, and a service policeman proposes not to refer the case to the Director under subsection (2) or section 117(5). (4A) If this subsection applies, the service policeman must consult the Director as soon as is reasonably practicable (and before any referral of the case under subsection (3)). (5) For the purposes of this section— (a) there is sufficient evidence to charge a person with an offence if, were the evidence suggesting that the person committed the offence to be adduced in proceedings for the offence, the person could properly be convicted , and (b) a service offence committed by a person is a “CO offence” if a charge against the person in respect of the offence is capable of being heard summarily by the person's commanding officer (see section 52).

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117 Section 116: position where investigation is of multiple offences or offenders

(1) This section applies where the investigation mentioned in section 116(1) relates to two or more incidents (or alleged incidents) or the conduct (or alleged conduct) of two or more persons. (2) Each person's conduct in relation to each incident is to be regarded as giving rise to a separate case. (3) Subsections (4) and (5) apply if— (a) at least one of the cases has been, or must be, referred to the Director of Service Prosecutions (“the Director”) under section 116(2), (b) a service policeman considers that there is sufficient evidence to charge a person with a service offence in another of the cases, (c) that case is not required to be referred to the Director under section 116(2), and (d) the service policeman considers that there is, or may be, a connection between a case falling within paragraph (a) and the case falling within paragraph (c), whether direct or indirect, that makes it appropriate for both cases to be referred to the Director. (4) The service policeman must consult the Director about the existence and nature of the connection between those cases. (5) Following that consultation, if the service policeman considers that there is a connection described in subsection (3)(d), the service policeman must refer the case falling within subsection (3)(c) to the Director. (6) The reference in this section to there being sufficient evidence to charge a person with a service offence is to be read in accordance with section 116(5)(a).

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118 Duty of service policeman to notify CO of referral to DSP

(1) This section applies where a service policeman considers that there is sufficient evidence to charge a person (“A”) with a service offence and refers the case under section 116(2) or 117(5) to the Director of Service Prosecutions. (2) The service policeman must as soon as reasonably practicable after referring the case— (a) notify A's commanding officer of the referral; and (b) provide prescribed documents to A's commanding officer. (3) A notification under subsection (2)(a) must specify the service offence that the service policeman considers there is sufficient evidence to charge A with. (3A) Where that offence is a CO offence, the notification must— (a) specify whether the case is referred under section 116(2) or 117(5), and (b) if the case is referred under section 116(2), specify the circumstances that bring the case within section 116(2)(b). (4) In this section— (a) any reference to there being sufficient evidence to charge a person with a service offence is to be read in accordance with section 116(5)(a); (aa) any reference to a CO offence is to be read in accordance with section 116(5)(b); (b) “prescribed documents” means documents prescribed for the purposes of subsection (2)(b) by regulations under section 128. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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119 Circumstances in which CO has power to charge etc

(1) This section sets out the circumstances in which a commanding officer has initial powers (defined by section 120) in respect of a case. (2) If a commanding officer of a person becomes aware of an allegation which indicates, or circumstances which indicate, that the person has or may have committed a service offence, he has initial powers in respect of the case. (3) Subsection (2) does not apply if the allegation or circumstances— (a) give or have given rise to the duty under section 113(1) or 114(1); (b) are being or have been investigated by a service police force or the tri-service serious crime unit; or (c) are being or have been investigated by a UK police force or overseas police force, and it appears to the commanding officer that that force may refer the matter to the service police. (4) A commanding officer has initial powers in respect of a case which a service policeman has referred to him under section 116(3) (referral of case following investigation by service or civilian police). (5) A commanding officer has initial powers in respect of a case which the Director of Service Prosecutions has referred to him under section 121(4) (referral of case by DSP). (6) If an allegation or circumstances mentioned in subsection (2) relate to two or more incidents (or alleged incidents) or the conduct (or alleged conduct) of two or more persons, each person's conduct in relation to each incident is to be regarded as giving rise to a separate case.

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120 Power of CO to charge etc

(1) Subsections (2) and (3) apply where under section 119 a commanding officer has initial powers in respect of a case. (2) The officer may bring, in respect of the case, one or more charges that are capable of being heard summarily (see section 52). (3) The officer may refer the case to the Director of Service Prosecutions. (4) A charge brought under subsection (2) is to be regarded for the purposes of this Part as allocated for summary hearing. (5) Where an officer has referred a case under subsection (3), the officer must also refer to the Director of Service Prosecutions any other case— (a) which is of a description prescribed by regulations under section 128 for the purposes of this subsection, and (b) as respects which the officer has initial powers, ....

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121 Power of DSP to charge or direct bringing of charge etc

(1) The powers in subsections (1A) to (5) are exercisable by the Director of Service Prosecutions (“the Director”) in respect of a case which has been referred to him under— (a) section 116(2) (referral of case following investigation by service or civilian police); (aa) section 117(5) (referral of connected cases); or (b) section 120(3) or (5) (referral of case by CO). (1A) The Director may bring a charge or charges against the person concerned in respect of the case. (1B) If— (a) the Director brings a charge under subsection (1A), and (b) the Service Civilian Court has jurisdiction to try the charge, the Director may allocate the charge for trial by that court. (2) The Director may direct the commanding officer of the person concerned to bring, in respect of the case, such charge or charges against him as may be specified in the direction. (3) If— (a) the Director makes a direction under subsection (2), and (b) the Service Civilian Court has jurisdiction to try the charge specified in the direction, the Director may allocate the charge for trial by that court. (4) The Director may refer the case to the commanding officer of the person concerned, but only if he has decided that it would not be appropriate to bring a charge under subsection (1A) or to make a direction under subsection (2) in respect of it. (5) The Director may make a direction under section 127(1) or (2) (directions barring further proceedings) in respect of any offence as regards which he could bring a charge under subsection (1A) or make a direction under subsection (2).

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122 Charges brought by or at direction of DSP

(1) Where a direction under section 121(2) is given to an officer, he must bring the charge or charges specified in the direction. (2) A charge brought by the Director of Service Prosecutions (“the Director”) under section 121(1A) or by an officer as a result of a direction under section 121(2)— (a) is to be regarded for the purposes of this Part as allocated for Service Civilian Court trial if the Director allocated it (under section 121(1B) or (3)) for trial by that court; (b) otherwise, is to be regarded for the purposes of this Part as allocated for Court Martial trial.

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123 Powers of CO after charge

(1) This section applies where a charge against a person (“the accused”) is for the time being regarded for the purposes of this Part as allocated for summary hearing. (2) The accused's commanding officer may— (a) amend the charge; (b) substitute for the charge another charge against the accused; (c) bring an additional charge against the accused; (d) discontinue proceedings on the charge; (e) refer the charge to the Director of Service Prosecutions. (3) The powers under subsection (2) may be exercised before or after the start of any summary hearing of the charge. (4) Any amended, substituted or additional charge under subsection (2)(a) to (c) must be capable of being heard summarily (see section 52). (5) Any additional charge brought under subsection (2)(c) must be in respect of the case as respects which the charge mentioned in subsection (1) was brought. (6) Any amended, substituted or additional charge under subsection (2)(a) to (c) is to be regarded for the purposes of this Part as allocated for summary hearing. (7) Where a charge is referred under subsection (2)(e) to the Director of Service Prosecutions, the charge and any other charge brought in respect of the same case are to be regarded for the purposes of this Part as allocated for Court Martial trial.

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124 CO to hear charge allocated for summary hearing

(1) This section applies in respect of a charge which is regarded for the purposes of this Part as allocated for summary hearing. (2) The accused's commanding officer must hear the charge summarily unless— (a) he exercises his powers under section 123(2)(b), (d) or (e) in respect of the charge (substitution of charge, discontinuance of proceedings, or referral to DSP); or (b) the accused elects Court Martial trial of the charge (see section 129). (3) Subsection (2) is subject to sections 52 (charges capable of being heard summarily) and 54 (charges which may be heard summarily only with permission or by senior officer).

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125 Powers of DSP in respect of charge allocated for Court Martial trial

(1) This section applies where a charge against a person (“the accused”) is for the time being regarded for the purposes of this Part as allocated for Court Martial trial. (2) The Director of Service Prosecutions may— (a) amend the charge; (b) substitute for the charge another charge against the accused; (c) bring an additional charge against the accused; (d) discontinue proceedings on the charge; (e) refer the charge to the accused's commanding officer, but only if the charge is capable of being heard summarily (see section 52); (f) allocate the charge for trial by the Service Civilian Court, but only if the charge is one that that court has jurisdiction to try; (g) make a direction under section 127(1) or (2) (directions barring further proceedings) in respect of the offence charged or any offence that could be charged under paragraph (c) above. (3) Court Martial rules may restrict the exercise of powers under subsection (2)— (a) after arraignment by the Court Martial; or (b) after referral of the charge to the Court Martial under section 279(4) or 280(3) (referral by SCC); ... (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) Any additional charge brought under subsection (2)(c) must be in respect of the case as respects which the charge mentioned in subsection (1) was brought. (6) Any amended, substituted or additional charge under subsection (2)(a) to (c) is to be regarded for the purposes of this Part as allocated for Court Martial trial. (7) Any charge referred under subsection (2)(e) to a commanding officer is to be regarded for the purposes of this Part as allocated for summary hearing. (8) Any charge allocated under subsection (2)(f) is to be regarded for the purposes of this Part as allocated for Service Civilian Court trial.

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126 Powers of DSP in respect of charge allocated for SCC trial

(1) This section applies where a charge against a person (“the accused”) is for the time being regarded for the purposes of this Part as allocated for Service Civilian Court trial. (2) The Director of Service Prosecutions may— (a) amend the charge; (b) substitute for the charge another charge against the accused; (c) bring an additional charge against the accused; (d) discontinue proceedings on the charge; (e) allocate the charge for trial by the Court Martial; (f) make a direction under section 127(1) or (2) (directions barring further proceedings) in respect of the offence charged or any offence that could be charged under paragraph (c) above. (3) SCC rules may restrict the exercise, after a decision by the Service Civilian Court under section 279 as to whether it should try the charge, of powers under subsection (2). (4) Any amended, substituted or additional charge under subsection (2)(a) to (c) must be one that the Service Civilian Court has jurisdiction to try. (5) Any additional charge brought under subsection (2)(c) must be in respect of the case as respects which the charge mentioned in subsection (1) was brought. (6) Any amended, substituted or additional charge under subsection (2)(a) to (c) is to be regarded for the purposes of this Part as allocated for Service Civilian Court trial. (7) Any charge allocated under subsection (2)(e) is to be regarded for the purposes of this Part as allocated for Court Martial trial.

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127 Directions by DSP barring further proceedings

(1) A direction under this subsection is a direction that for the purposes of section 63 the person specified in the direction is to be treated as acquitted of the service offence so specified. (2) A direction under this subsection is a direction that for the purposes of sections 63 and 64 the person specified in the direction is to be treated as acquitted of the service offence so specified.

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128 Regulations for purposes of Part 5

(1) The Secretary of State may by regulations make such provision as he considers necessary or expedient for the purposes of any provision of this Part. (2) Regulations under this section may in particular make provision— (a) for the delegation by a commanding officer of any of his functions; (b) as to the bringing, amendment and substitution of charges; (c) as to the referral of cases and charges, including provision requiring a commanding officer in prescribed circumstances to refer a case or charge to the Director of Service Prosecutions; (d) as to the examination of witnesses for the purpose of obtaining information of assistance to the Director of Service Prosecutions in connection with his functions under Chapter 2; (e) requiring prescribed persons to be notified of prescribed matters. (3) In subsection (2) “prescribed” means prescribed by regulations under this section.

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129 Right to elect Court Martial trial

(1) Before hearing a charge summarily the commanding officer must, in the way specified by rules under section 153, give the accused the opportunity of electing Court Martial trial of the charge. (2) If the accused elects Court Martial trial of the charge— (a) the commanding officer must refer the charge to the Director of Service Prosecutions; and (b) the charge is to be regarded for the purposes of Part 5 as allocated for Court Martial trial. (3) Where two or more charges against the accused are to be heard summarily together, an election for Court Martial trial in respect of any of the charges takes effect as an election in respect of all of them. (4) Subsection (5) applies if an opportunity to elect Court Martial trial of a charge (“the original charge”) has been given under subsection (1) and subsequently— (a) the charge is amended; (b) another charge is substituted for it; or (c) an additional charge is brought. (5) Subsection (1) applies in relation to the amended, substituted or additional charge; and if the amendment, substitution or addition takes place after the start of the summary hearing, that subsection has effect in relation to the charge as if the reference to hearing a charge summarily were to proceeding with the hearing. (6) In subsection (4)— (a) “amended” means amended under section 123(2)(a) or, in the case of a charge referred to the Director of Service Prosecutions otherwise than on election for Court Martial trial, amended under section 125(2)(a) and referred to the commanding officer under section 125(2)(e); (b) “substituted” means substituted under section 123(2)(b) or, where the original charge was referred to the Director of Service Prosecutions otherwise than on election for Court Martial trial, substituted under section 125(2)(b) and referred to the commanding officer under section 125(2)(e); (c) “brought”, in relation to an additional charge, means brought under section 123(2)(c) or, where the original charge was referred to the Director of Service Prosecutions otherwise than on election for Court Martial trial, brought under section 125(2)(c) and referred to the commanding officer under section 125(2)(e). (7) Subsection (8) applies where— (a) an opportunity to elect Court Martial trial of a charge has been given under this section; (b) the accused has not elected Court Martial trial; and (c) at a time after the giving of the opportunity to elect, the commanding officer obtains extended powers for the purposes of any provision of section 133, 134, 135 or 194. (8) The provisions of this section requiring the giving of an opportunity to elect Court Martial trial of the charge shall apply again.

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130 Further consequences of election for Court Martial trial

(1) This section applies where the accused has elected Court Martial trial of a charge. (2) The Director of Service Prosecutions (“the Director”) may not without the written consent of the accused refer to a commanding officer, under section 125(2)(e)— (a) that charge (whether or not amended by the Director), or (b) any charge substituted under section 125(2)(b) or additionally brought under section 125(2)(c). (3) Where a charge mentioned in subsection (2) is referred under section 125(2)(e), the accused may not elect Court Martial trial of the charge (and accordingly section 129(1) does not apply in respect of the charge); but this does not apply — (a) where the charge is amended after referral; (b) to any charge substituted for or added to the charge after referral; or (c) where extended powers for the purposes of any provision of section 133, 134, 135 or 194 are obtained after referral.

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130A Restrictions on DSP's powers to substitute or add charges after election

(1) This section applies where— (a) a charge is for the time being regarded for the purposes of Part 5 as allocated for Court Martial trial; and (b) the charge is in respect of an offence which would be a relevant offence for the purposes of Schedule 3A (sentencing powers of Court Martial where election for trial by that court) if the accused were convicted of it. (2) The Director of Service Prosecutions (“the Director”) may not without the written consent of the accused substitute under section 125(2)(b)— (a) a charge in respect of an offence which is not one that may be dealt with at a summary hearing (see section 53); or (b) a charge in respect of an offence within section 54(2) (offences that may be dealt with summarily only with permission or by senior officer), except where the relevant charge was in respect of such an offence. (3) In subsection (2)(b) “relevant charge” means— (a) in relation to a case A offence or a case B offence (within the meaning of Schedule 3A), the charge in respect of which the accused elected Court Martial trial; and (b) in relation to a case C offence or a case D offence (within the meaning of Schedule 3A), the charge referred as mentioned in paragraph 4(c) of that Schedule. (4) The Director may not without the written consent of the accused bring under section 125(2)(c) a charge in addition to the charge. (5) In construing Part 1 of Schedule 3A (relevant offences) for the purposes of this section, paragraphs 3(b) and 5(c) of that Schedule are to be disregarded.

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131 Summary hearing

(1) This section applies where a commanding officer hears a charge summarily. (2) The commanding officer may dismiss the charge at any stage of the hearing; but this is subject to subsection (4) and to any provision of rules under section 153. (3) If the commanding officer determines that the charge has not been proved, he must dismiss the charge. (4) If the commanding officer determines that the charge has been proved, he must— (a) record a finding that the charge has been proved; and (b) award one or more of the punishments authorised by section 132. (5) Where the commanding officer records findings that two or more charges against a person have been proved, the award he must make under subsection (4) is a single award (consisting of one or more of those punishments) in respect of the charges taken together. (6) Nothing in this section authorises a commanding officer to include in an award two or more punishments within the same row of the Table in section 132, except where those punishments are— (a) different minor punishments which regulations made under row 7 of the Table permit to be awarded together; or (b) service compensation orders.

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132 Punishments available to commanding officer

(1) The second column of the following Table lists the punishments that may be awarded by a commanding officer who has heard a charge summarily, subject in the case of each punishment to any limitation shown in the third column opposite it. TABLE Row Number | Punishment | Limitation 1 | detention for a term not exceeding the maximum allowed by section 133 | only if the person being punished is of or below the rank of— leading rate; corporal in the Royal Marines; lance corporal or lance bombardier in any of Her Majesty’s military forces; corporal in any of Her Majesty's air forces (see also subsection (1A)) 2 | forfeiture of a specified term of seniority or of all seniority | only if the person being punished is an officer, and only in accordance with section 134 3 | reduction in rank, or disrating | only if the person being punished is a warrant officer or non-commissioned officer, only in accordance with section 135, and not to an extent prohibited by regulations under section 135(4) 4 | a fine not exceeding the maximum amount allowed by section 136 5 | a severe reprimand or a reprimand | only if the person being punished is an officer, warrant officer or non-commissioned officer 6 | a service supervision and punishment order (defined by section 173) | only if the person being punished is an able rate, marine, soldier or airman 7 | such minor punishments as may from time to time be authorised by regulations made by the Defence Council 8 | a service compensation order (defined by section 175) of an amount not exceeding the maximum allowed by section 137 9 | a deprivation order (defined by section 177B) | only if section 177C permits (1A) In row 1 of the Table, in paragraph (c) of the entry in the third column, in relation to the Royal Air Force Regiment, the reference to a corporal is to be read as a reference to a lance corporal. (2) Subsection (1) is subject to (in particular)— (a) section 138 (prohibited combinations of punishments) and any regulations made under that section; (b) Chapter 1 of Part 9 (general provisions about sentencing). (3) Where regulations under row 7 of the Table authorise a minor punishment, they may— (a) confer on the offender's commanding officer a power, when awarding the punishment, to direct that the punishment shall take effect from a date after the date of the award; (b) confer on the offender's commanding officer the function of deciding the details of the punishment; (c) provide for the delegation by the commanding officer of any of his functions under the regulations.

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133 Detention: limits on powers

(1) The maximum term of detention that a commanding officer may award under row 1 of the Table in section 132 to an able rate, marine, soldier or airman is— (a) 90 days if the commanding officer has extended powers for the purposes of this subsection; (b) otherwise, 28 days. (2) A commanding officer may not award detention under row 1 of the Table in section 132 to a person of any of the following ranks— (a) leading rate, (aa) corporal in the Royal Marines; (b) lance corporal or lance bombardier in any of Her Majesty’s military forces, (c) corporal in any of Her Majesty's air forces, unless the commanding officer has extended powers for the purposes of this subsection; and the maximum term of detention that a commanding officer may (if he has those powers) award such a person is 90 days. (2A) In relation to the Royal Air Force Regiment, the reference in subsection (2)(c) to a corporal is to be read as a reference to a lance corporal. (3) A commanding officer has extended powers for the purposes of subsection (1) or (2) if he has, within the relevant time (defined by section 135A) — (a) applied to higher authority for extended powers for the purposes of that subsection; and (b) been notified by higher authority that his application has been granted. (4) A commanding officer also has extended powers for the purposes of subsection (1) or (2) if he is of or above the rank of rear admiral, major-general or air vice-marshal.

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134 Forfeiture of seniority: requirement for approval

(1) A commanding officer may not award forfeiture of seniority under row 2 of the Table in section 132 unless he has extended powers for the purposes of this section. (2) A commanding officer has extended powers for the purposes of this section if he has, within the relevant time (defined by section 135A) — (a) applied to higher authority for extended powers for the purposes of this section; and (b) been notified by higher authority that his application has been granted. (3) A commanding officer also has extended powers for the purposes of this section if he is of or above the rank of rear admiral, major-general or air vice-marshal.

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135 Reduction in rank: limits on powers

(1) A commanding officer may not award reduction in rank, or disrating, under row 3 of the Table in section 132 unless— (a) he has extended powers for the purposes of this subsection; or (b) the person being punished is a lance corporal or lance bombardier. (2) The reduction in rank or disrating that a commanding officer may award is reduction or disrating— (a) by one acting rank or rate; or (b) if the person being punished has no acting rank or rate, by one substantive rank or rate. (3) Where the person being punished is a corporal in any of Her Majesty's air forces, the reduction in rank authorised by subsection (2)(a) or (b) (as the case may be) is reduction to the highest rank the person has held in that force as an airman; but this is subject to subsection (3A). (3A) In relation to the Royal Air Force Regiment, the reference in subsection (3) to a corporal is to be read as a reference to a lance corporal. (4) The Defence Council may by regulations provide that persons of a trade or branch specified in the regulations may not be reduced or disrated under section 132 below a rank or rate so specified. (5) A commanding officer has extended powers for the purposes of subsection (1) if he has, within the relevant time (defined by section 135A) — (a) applied to higher authority for extended powers for the purposes of that subsection; and (b) been notified by higher authority that his application has been granted. (6) A commanding officer also has extended powers for the purposes of subsection (1) if he is of or above the rank of rear admiral, major-general or air vice-marshal.

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135A Extended powers: time for obtaining

(1) In each of sections 133(3), 134(2) and 135(5), “within the relevant time” means before the start of the summary hearing; but this is subject to subsections (2) and (3). (2) Subsection (3) applies where after the start of a summary hearing— (a) a charge is amended under section 123(2)(a); (b) a charge is substituted for another charge under section 123(2)(b); or (c) an additional charge is brought under section 123(2)(c). (3) Any application for or grant of extended powers which is made in the period between— (a) the making of the amendment, substitution or addition, and (b) the time when the summary hearing is proceeded with after the amendment, substitution or addition, is to be treated for the purposes of sections 133(3), 134(2) and 135(5) as made within the relevant time.

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136 Fine: maximum amount

(1) The maximum amount of a fine that a commanding officer may award is 28 days' pay. (4) For the purposes of this section a day's pay is— (a) subject to paragraph (b), the gross pay which is (or would apart from any forfeiture be) issuable to the offender in respect of the day when the punishment is awarded; (b) if the offender is a special member of a reserve force, the gross pay which would have been issuable to him in respect of that day if he had been an ordinary member of that reserve force of the same rank or rate. (5) If the offender is a member of a reserve force who is not on duty on the day the punishment is awarded, for the purposes of subsection (4) he is to be taken to have been on duty then. (6) In subsection (4) “special member” and “ordinary member” have the same meanings as in the Reserve Forces Act 1996 (c. 14).

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137 Service compensation orders: maximum amount

(1) Where an award by a commanding officer consists of or includes one service compensation order, the compensation to be paid under the order must not exceed £1,000. (2) Where an award by a commanding officer consists of or includes two or more service compensation orders, the total compensation to be paid under the orders must not exceed £1,000. (3) If it appears to the Secretary of State that there has been a change in the value of money since the relevant date, he may by order substitute for the sum for the time being specified in subsections (1) and (2) such other sum as appears to him justified by the change. (4) In subsection (3) “the relevant date” means— (a) the date of the coming into force of this section; or (b) where the sum for the time being specified in subsections (1) and (2) was substituted for a sum previously so specified, the date of the substitution.

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138 Prohibited combinations of punishments

(1) Subsections (2) to (6) apply where a commanding officer awards punishment in respect of an offender. (2) If he awards detention, the only additional punishments he may award are— (a) reduction in rank or disrating (subject to subsection (8)); (b) a service compensation order. (4) If he awards forfeiture of seniority, the only additional punishments he may award are— (a) a severe reprimand or a reprimand; (b) a service compensation order. (5) If he awards reduction in rank or disrating, the only additional punishments he may award are— (a) a suspended sentence of service detention (subject to subsection (8)); (b) a service compensation order. (6) If he awards a fine, he may not also award a service supervision and punishment order. (7) Regulations under row 7 of the Table in section 132 may make provision, as respects any punishment authorised by those regulations, prohibiting that punishment from being awarded with any other punishment (whether or not so authorised) specified by the regulations. (8) Nothing in this section authorises a commanding officer to award a particular punishment where the award of that punishment is prohibited otherwise than by this section. (9) References in this section to a service compensation order include references to two or more such orders.

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139 Savings for maximum penalties for offences

(1) Where a commanding officer awards punishment in respect of a single offence, nothing in sections 131 to 138 authorises him— (a) to award a punishment of a kind which the Court Martial could not award for that offence; (b) if the offence is under section 42 (criminal conduct), to award a fine exceeding the maximum allowed by section 42(4). (2) Where a commanding officer awards punishment in respect of two or more offences— (a) nothing in sections 131 to 138 authorises him to award a punishment of a particular kind unless it is one which the Court Martial could award for at least one of the offences; and (b) if all the offences are under section 42 and the maximum fine allowed by section 136 exceeds the permitted maximum, nothing in sections 131 to 138 authorises him to award a fine exceeding the permitted maximum. (3) The permitted maximum is the total of the fines that under section 42(4) the commanding officer could award in respect of the offences if he had power to make separate awards in respect of them.

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140 The Summary Appeal Court

(1) There shall be a court, to be known as the Summary Appeal Court. (2) The Summary Appeal Court may sit in any place, whether within or outside the United Kingdom.

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141 Right of appeal

(1) A person in respect of whom— (a) a charge has been heard 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 the punishment awarded. (2) Subject to subsection (3), any appeal under this section must be brought— (a) within the period of 14 days beginning with the date on which the punishment was awarded (“the initial period”); or (b) within such longer period as the court may allow by leave given before the end of the initial period. (3) The court may at any later time give leave for an appeal to be brought within such period as it may allow. (4) The respondent to an appeal under this section is the Director of Service Prosecutions.

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142 Constitution of the SAC for appeals

(1) For the purpose of hearing an appeal under section 141, the Summary Appeal Court is to consist of— (a) a judge advocate; (b) an officer qualified for membership under section 143 and not ineligible by virtue of section 144; and (c) a third person who is an officer or warrant officer so qualified and not so ineligible. (2) Subsection (1) is subject to any provision made by SAC rules. (3) The judge advocate for an appeal under section 141 is to be specified by or on behalf of the Judge Advocate General. (4) The other members of the court for an appeal under section 141 are to be specified by or on behalf of the court administration officer.

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143 Officers and warrant officers qualified for membership of the SAC

(1) Subject to subsections (2) to (4), an officer or warrant officer is qualified for membership of the Summary Appeal Court if he is subject to service law. (2) An officer is not qualified for membership of the court unless— (a) he has held a commission in any of Her Majesty's forces for at least three years, or for periods amounting in the aggregate to at least three years; or (b) immediately before receiving his commission, he was a warrant officer in any of those forces. (3) A warrant officer is not qualified for membership of the court if he is an acting warrant officer. (4) An officer or warrant officer is not qualified for membership of the court if— (a) he is a member of the Military Court Service; (b) he is a member of or on the staff of the Service Prosecuting Authority; (c) he is a service policeman; (d) he is a member of the Royal Army Chaplains' Department or the Royal Air Force Chaplains' Branch; (e) he has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41); (f) he is an advocate or solicitor in Scotland; (g) he is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland; or (h) he has in a relevant territory 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. (5) In this section “relevant territory” means— (a) any of the Channel Islands; (b) the Isle of Man; (c) a Commonwealth country; or (d) a British overseas territory.

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