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

205 Amendment of order with community requirements

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

Propose a change

206 Suspended sentence: further conviction or breach of community requirement

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

Propose a change

207 Definitions for purposes of Chapter

In this Chapter— “relevant service court” means any of the following— the Court Martial; the Service Civilian Court; the Court Martial Appeal Court; the Supreme Court on an appeal brought from the Court Martial Appeal Court; “suspended sentence order” has the same meaning as in the Sentencing Code (see section 286(6) of that Code); “suspended sentence order with community requirements” means a suspended sentence order that specifies one or more community requirements (see section 286(2) of that Code).

Propose a change

208 Prohibition on imposing imprisonment on persons under 21

A person who is aged under 21 when convicted of an offence by the Court Martial or the Service Civilian Court shall not be sentenced to imprisonment for the offence.

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209 Offenders under 18 convicted of certain serious offences: detention for specified period

(1) Subsection (5) (power to pass sentence of detention) applies where— (a) a person aged under 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct); and (b) the case is within any of subsections (2) to (4). (2) The case is within this subsection if the corresponding offence under the law of England and Wales is under that law— (a) an offence punishable in the case of an offender aged 21 or over with imprisonment for 14 years or more; and (b) not an offence the sentence for which is fixed by law; and the case does not fall within section 221 or 227 (see subsections (4), (5B) and (5C)). (3) The case is within this subsection if the corresponding offence under the law of England and Wales is an offence under— (a) section 3 of the Sexual Offences Act 2003 (c. 42) (sexual assault); (b) section 13 of that Act (child sex offences committed by children or young persons); (c) section 25 of that Act (sexual activity with a child family member); or (d) section 26 of that Act (inciting a child family member to engage in sexual activity); and the case does not fall within section 221 (see subsection (5B)). (4) The case is within this subsection if — (a) it falls within section 227(1) (certain firearms offences), and (b) the court is of the opinion mentioned in section 227(2) (exceptional circumstances justifying not imposing the required sentence). (5) Where this subsection applies, the court may pass a sentence of detention under this section if it is of the opinion that none of the other methods by which the offender may legally be dealt with is suitable. (5A) Subsection (5D) (duty to pass sentence of detention) applies where— (a) a person aged under 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct); and (b) the case is within subsection (5B) or (5C). (5B) The case is within this subsection if it falls within section 221 (life sentence for certain dangerous offenders aged under 18). (5C) The case is within this subsection if— (a) it falls within section 227(1) (certain firearms offences), and (b) the Court Martial is not of the opinion mentioned in section 227(2) (exceptional circumstances justifying not imposing the required sentence). (5D) Where this subsection applies, the court must pass a sentence of detention under this section. (6) A sentence of detention under this section is a sentence that the offender be detained for such period (not exceeding the maximum term of imprisonment with which the offence under section 42 is punishable in the case of a person aged 21 or over) as may be specified in the sentence. (7) Subsections (5) , (5D) and (6) are subject to (in particular)— ... sections 260 and 261 (general restrictions on custodial sentences).

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210 Detention under section 209: place of detention etc

(1) A person sentenced to be detained under section 209 is liable to be detained in such place, and under such conditions, as may be determined by the Secretary of State or by such other person as may be authorised by him for the purpose. (2) A person detained in pursuance of a sentence under section 209 shall be deemed to be in legal custody.

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210A Offenders under 21: offences other than murder; discretionary custody for life

(1) This section applies where a person aged at least 18 but under 21 is convicted by the Court Martial of an offence— (a) for which the sentence is not fixed by law, but (b) which is punishable in the case of a person aged 21 or over with imprisonment for life. (2) If the court considers that a sentence for life would be appropriate, it is to sentence the offender to custody for life under section 272(2)(a) of the Sentencing Code. (3) Sections 260 (threshold for imposing discretionary custodial sentence) and 261 (length of discretionary custodial sentence: general provision), in particular, apply for the purposes of subsection (2).

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210B Offenders under 21: power to impose detention in a young offender institution

(1) A sentence of detention in a young offender institution is available to the Court Martial or the Service Civilian Court dealing with an offender for an offence where— (a) the offender is aged at least 18 but under 21 when convicted, (b) the offence is punishable with imprisonment in the case of a person aged 21 or over, and (c) the court is not required to pass a sentence of— (i) detention at Her Majesty's pleasure, or (ii) custody for life. (2) The maximum term of detention in a young offender institution that a court may impose for an offence is the same as the maximum term of imprisonment that it may impose for the offence in the case of a person aged 21 or over. (3) The minimum term of a sentence of detention in a young offender institution is 21 days.

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211 Offenders under 18: detention and training orders

(1) Where— (a) a person aged under 18 is convicted by the Court Martial or the Service Civilian Court of an offence which is punishable with imprisonment in the case of a person aged 21 or over, and (b) the court is of the opinion mentioned in section 260(2) or the case falls within section 260(3), the sentence that the court is to pass is (subject to subsections (2) and (3)) an order that the person shall be subject, for the term specified in the order, to a period of detention and training followed by a period of supervision. (2) In the case of an offender aged under 15 at the time of the conviction, the court may not make an order under this section unless it is of the opinion that he is a persistent offender. (3) In the case of an offender aged under 12 at the time of the conviction, the court may not make an order under this section unless— (a) it is of the opinion mentioned in subsection (2); (b) it is of the opinion that only a custodial sentence would be adequate to protect the public from further offending by him; and (c) the offence was committed after paragraph (aa) of section 234(1) of the Sentencing Code comes into force (see paragraph 27(1)(b) of Schedule 22 to the Sentencing Act 2020). (4) Subsection (1) is also subject to sections 209, 218, ... 221, 221A and 227 (other custodial sentences that may or must be imposed in particular cases).

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212 Term of detention and training order: general

(1) The term of an order made under section 211 in respect of an offence— (a) shall be 4, 6, 8, 10, 12, 18 or 24 months; and (b) may not exceed the maximum term of imprisonment with which the offence is punishable in the case of a person aged 21 or over. (2) Where— (a) the offence is an offence under section 42 (criminal conduct), (b) the corresponding offence under the law of England and Wales is under that law a summary offence, and (c) the maximum term of imprisonment with which that offence is punishable in the case of a person aged 21 or over is 51 weeks, the term of the order may not exceed 6 months. (3) An order under section 211 takes effect at the beginning of the day on which it is made, unless the court orders otherwise under section 237 of the Sentencing Code (as applied by section 213 of this Act).

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213 Application of provisions relating to civilian detention and training orders

(1) In the following provisions of the Sentencing Code, references to a detention and training order include an order under section 211 of this Act— (a) sections 237 to 248; (b) Schedule 12. (2) In the following provisions of the Sentencing Code, “court” includes a relevant service court— (a) sections 237 and 238; (b) section 246; (c) sections 253 and 257; (d) section 270. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3A) In its application to a relevant service court, section 253 of the Sentencing Code has effect as if the references to a sentence of detention under section 250 or 252A were references to a sentence of detention under 209 of this Act. (3B) In its application to a relevant service court, section 257 of the Sentencing Code has effect as if the references to an extended sentence of detention under section 254 were references to an extended sentence of detention under that section imposed as a result of section 221A of this Act. (4) Subsection (5) applies where an order under paragraph 3(2)(a) of Schedule 12 to the Sentencing Code (further period of detention) is made against an offender for breach of supervision requirements— (a) during a period of supervision under an order under section 211 of this Act, (b) during a further period of supervision imposed for breach of supervision requirements during a period within paragraph (a), or (c) during one of a series of further periods of supervision— (i) each of which apart from the first was imposed for breach of supervision requirements during the previous further period of supervision, and (ii) the first of which was imposed for breach of supervision requirements during a period within paragraph (a). (5) Paragraph 5(2) of Schedule 12 to the Sentencing Code has effect as if, in the closing words, after “Schedule” there were inserted “ and section 214 of the Armed Forces Act 2006 ”. (6) In subsection (4)— “further period of supervision” means a period of supervision imposed under paragraph 3(2)(b) of Schedule 12 to the Sentencing Code; “supervision requirement” has the meaning given in paragraph 1 of Schedule 12 to the Sentencing Code. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) In this section, “relevant service court” has the same meaning as in Chapter 4 of Part 8 (see section 207).

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213A Period in service custody: effect on term of detention and training order

(1) Subsection (2) applies where— (a) the Court Martial or the Service Civilian Court proposes to make an order under section 211 in respect of an offence, and (b) the offender has been kept in service custody in connection with the offence or any other offence the charge for which was founded on the same facts or evidence. (2) In determining the term of the order under section 211, the court must take account of the period for which the offender was kept in service custody. (3) If the court proposes to make two or more orders under section 211 in respect of two or more offences— (a) subsection (2) does not apply, but (b) in determining the total term of those orders, the court must take account of the total period for which the offender has been kept in service custody in connection with— (i) any of those offences, or (ii) any other offence the charge for which was founded on the same facts or evidence. (4) A period of service custody may be taken account of under this section only once.

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213B Period of custody awaiting extradition: effect on term of detention and training order

(1) This section applies where— (a) the Court Martial or the Service Civilian Court proposes to make an order under section 211 in respect of an offence, (b) the offender was tried for the offence, or is to be sentenced— (i) after having been extradited to the United Kingdom, and (ii) without having first been restored or had an opportunity of leaving the United Kingdom, and (c) the offender was kept in custody for any period while awaiting extradition to the United Kingdom. (2) The court must— (a) specify in open court the number of days for which the offender was kept in custody while awaiting extradition, and (b) take account of those days in determining the term of the order.

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214 Offences during currency of detention and training order

(1) This section applies to a person in respect of whom an order under section 211 has been made if— (a) after his release and before the date on which the term of the order ends, he commits an offence within subsection (2) (“the new offence”); and (b) whether before or after that date, he is convicted of the new offence. (1A) This section also applies to a person in respect of whom a service FSO has been made if— (a) before the date on which the period of further supervision under the service FSO ends, he commits an offence within subsection (2) (“the new offence”); and (b) whether before or after that date, he is convicted of the new offence. (1B) A service FSO is an order under paragraph 3(2)(b) of Schedule 12 to the Sentencing Code subjecting the offender to a further period of supervision as a result of breach of supervision requirements— (a) during a period of supervision under an order under section 211 of this Act, (b) during a further period of supervision imposed for breach of supervision requirements during a period within paragraph (a), or (c) during one of a series of further periods of supervision— (i) each of which apart from the first was imposed for breach of supervision requirements during the previous further period of supervision, and (ii) the first of which was imposed for breach of supervision requirements during a period within paragraph (a). Terms used in this subsection have the same meaning as in section 213(4) (see section 213(6)). (2) An offence is within this subsection if it is— (a) a service offence which is punishable with imprisonment; or (b) an offence under the law of any part of the British Islands which is so punishable. (3) A court having power to do so under subsection (4) or (5) may order the person to be detained in such youth detention accommodation as the Secretary of State may determine for the whole or any part of the period which— (a) begins with the date of the court's order; and (b) is equal in length to the period between the date on which the new offence was committed and the date mentioned in subsection (1) or (1A) (as the case may be). (4) Where the Court Martial or the Service Civilian Court convicts the person of the new offence, the court may on the conviction make an order under subsection (3). (5) Where the offender is convicted of the new offence otherwise than by the Court Martial or the Service Civilian Court, the Court Martial may make an order under subsection (3) if the offender appears or is brought before it following the issue of a summons or warrant under subsection (7). (6) Where an order under subsection (3) is made on the conviction of the new offence, the order must be in addition to the sentence for the new offence, and the period for which the person is ordered under subsection (3) to be detained— (a) shall, as the court may direct, either be served before and be followed by, or be served concurrently with, any sentence imposed for the new offence; and (b) in either case, shall be disregarded in determining the appropriate length of that sentence. (7) If it appears to the Court Martial— (a) that this section applies to a person, (b) that his conviction of the new offence was not by the Court Martial or the Service Civilian Court, and (c) that no order under subsection (3) or under paragraph 7 of Schedule 12 to the Sentencing Code has been made in respect of the new offence, the Court Martial may issue a summons requiring the person to appear at the time and place specified in it, or a warrant for his arrest. (8) A person detained in pursuance of an order under subsection (3) shall be deemed to be in legal custody.

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215 Section 214: definitions etc

(1) Section 238(3) of the Sentencing Code (treatment of concurrent and consecutive terms) applies for the purposes of the reference in section 214(1)(a) of this Act to the term of an order. (2) Where the new offence (within the meaning of section 214) is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of that section to have been committed on the last of those days. (3) In section 214 “youth detention accommodation” has the meaning given by section 248 of the Sentencing Code.

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216 Appeals against orders under section 214

(1) This section applies where an order under section 214 (“the relevant order”) is made. (2) For the purposes of sections 285 to 287 (appeals from Service Civilian Court) or, as the case may be, the Court Martial Appeals Act 1968 (c. 20)— (a) the relevant order is to be treated as a sentence passed on the offender, by the court that made the relevant order, for the offence for which the order under section 211 was made; and (b) if the offender was not convicted of that offence by that court he is to be treated for the purpose of enabling him to appeal against the relevant order as if he had been so convicted. (3) For the purposes of any appeal against the relevant order, references in section 16A of the Court Martial Appeals Act 1968 to passing a sentence include making an order. (4) On an appeal to the Court Martial Appeal Court against the relevant order, the court may (as an alternative to exercising its powers under section 16A(2) of the Court Martial Appeals Act 1968) quash the order.

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217 Mandatory life imprisonment

(1) This section applies if a person is convicted by the Court Martial of an offence under section 42 (criminal conduct) and the corresponding offence under the law of England and Wales is under that law— (a) murder; or (b) any other offence the sentence for which is fixed by law as imprisonment for life. (2) Where on conviction the offender is 21 or over, the court must sentence the offender to imprisonment for life. (3) Where on conviction the offender is aged under 21, the court must pass on the offender a sentence of custody for life under section 275 of the Sentencing Code. (4) Subsection (3) does not apply where the offender is liable to be detained under section 218 (detention at Her Majesty's pleasure for offender under 18).

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218 Offenders who commit murder etc when under 18: mandatory detention at Her Majesty's pleasure

(1) This section applies if— (a) a person is convicted by the Court Martial of an offence under section 42 (criminal conduct); (b) the corresponding offence under the law of England and Wales is under that law— (i) murder; or (ii) any other offence the sentence for which is fixed by law as imprisonment for life; and (c) the offender appears to the court to have been aged under 18 at the time the offence was committed. (2) The court must (notwithstanding anything in this or any other Act) sentence him to be detained during Her Majesty's pleasure. (3) A person sentenced to be detained under this section is liable to be detained in such place, and under such conditions, as may be determined by the Secretary of State or by such other person as may be authorised by him for the purpose. (4) A person detained in pursuance of a sentence under this section shall be deemed to be in legal custody.

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218A Life sentence for second listed offence

(1) This section applies where— (a) a person aged 18 or over is convicted by the Court Martial of an offence under section 42 (criminal conduct); (b) the corresponding offence under the law of England and Wales is an offence listed in Part 1 of Schedule 15 to the Sentencing Code; (c) the offence was committed on or after the relevant date; and (d) the sentence condition and the previous offence condition are met. (1A) In subsection (1)(c), “relevant date”, in relation to an offence, means the date specified for the corresponding offence (as mentioned in subsection (1)(b)) in Part 1 of Schedule 15 to the Sentencing Code. (1B) Where the offender is under 21 when convicted of the offence under section 42, section 273(3) of the Sentencing Code (duty of court to impose custody for life except in exceptional circumstances) applies in relation to the offender. (2) Where the offender is 21 or over when convicted of the offence under section 42, section 283(3) of the Sentencing Code (duty of court to impose imprisonment for life except in exceptional circumstances) applies in relation to the offender. (3) In sections 273(3)(a) and 283(3)(a) of that Code as applied by subsections (1B) and (2)— (a) the reference to “the index offence” is to be read as a reference to the offence under section 42; and (b) the reference to “the previous offence referred to in subsection (5)” is to be read as a reference to the previous offence referred to in subsection (5) of this section. (4) The sentence condition is that, but for this section, the Court Martial would, in compliance with sections 260(2) and 261(2), impose a sentence of imprisonment for 10 years or more, or, in the case of an offender aged under 21 on conviction, a sentence of detention in a young offender institution for 10 years or more, disregarding any extension period imposed under section 266 or 279 of the Sentencing Code as applied by section 219A of this Act. (5) The previous offence condition is that— (a) at the time the offence under section 42 was committed, the offender had been convicted of an offence listed in Schedule 15 to the Sentencing Code (“the previous offence”); and (b) a relevant life sentence or a relevant sentence of imprisonment or detention for a determinate period was imposed on the offender for the previous offence. (5A) For the purposes of subsection (5), Schedule 15 is to be read as if Part 1 did not include any offence for which the date specified in that Part is after the date on which the offence under section 42 was committed. (6) A sentence is relevant for the purposes of subsection (5)(b) if it would be relevant for the purposes of section 273(5)(b) of the Sentencing Code (see subsections (7) to (12) of that section) or section 283(5)(b) of that Code (see subsections (7) to (12) of that section). (7) A sentence required to be imposed by section 273(3) or 283(3) of the Sentencing Code as a result of this section is not to be regarded as a sentence fixed by law. (8) Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it must be taken for the purposes of subsections (1)(c) , (5)(a) and (5A) to have been committed on the last of those days.

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219 Life sentence for certain dangerous offenders aged 18 or over

(1) This section applies where — (a) a person aged 18 or over is convicted by the Court Martial of an offence under section 42 (criminal conduct), (b) the corresponding offence under the law of England and Wales is a Schedule 19 offence within the meaning of Part 10 of the Sentencing Code (see section 307 of that Code), and (c) the court is of the required opinion (defined by section 223). (1A) Where the offender is under 21 when convicted of the offence under section 42, section 274(3) of the Sentencing Code (duty to impose custody for life) applies in relation to the offender. (2) Where the offender is 21 or over when convicted of the offence under section 42, section 285(3) of the Sentencing Code (duty to impose imprisonment for life) applies in relation to the offender. (3) In sections 274(3) and 285(3) of the Sentencing Code (as applied by subsections (1A) and (2)), references to “the offence” are to be read as references to the offence under section 42 of this Act. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) A sentence under section 274 or 285 of the Sentencing Code passed as a result of this section is not to be regarded as a sentence fixed by law.

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219A Extended sentence for certain violent , sexual or terrorism offenders aged 18 or over

(1) This section applies where— (a) a person aged 18 or over is convicted by the Court Martial of an offence under section 42 (criminal conduct) (whether the offence was committed before or after the commencement of this section); (b) the corresponding offence under the law of England and Wales is a specified offence within the meaning of the Sentencing Code (see section 306 of that Code); (c) the court is of the required opinion (defined by section 223); (d) the court is not required— (i) by section 273(3) of the Sentencing Code (as applied by section 218A(1B) of this Act) to impose a sentence of custody for life; (ii) by section 283(3) of the Sentencing Code (as applied by section 218A(2) of this Act) to impose a sentence of imprisonment for life; (iii) by section 274(3) of the Sentencing Code (as applied by section 219(1A) of this Act) to impose a sentence of custody for life; (iv) by section 285(3) of the Sentencing Code (as applied by section 219(2) of this Act) to impose a sentence of imprisonment for life; and (e) condition A or B is met. (2) Condition A is that, at the time the offence under section 42 was committed, the offender had been convicted of an offence listed in Schedule 14 to the Sentencing Code. (3) Condition B is that, if the court were to impose an extended sentence of detention in a young offender institution or an extended sentence of imprisonment as a result of this section, the term that it would specify as the appropriate custodial term would be at least 4 years. (4) Where the offender is under 21 when convicted of the offence under section 42, an extended sentence of detention in a young offender institution under section 266 of the Sentencing Code is available in respect of the offence. (5) Subsections (2) to (5) of section 268 of the Sentencing Code apply where a court dealing with an offender for an offence imposes, or is considering whether to impose, an extended sentence of detention in a young offender institution under section 266 of the Sentencing Code by virtue of this section. (6) In their application to an offender by virtue of subsection (5), subsections (2) to (5) of section 268 of the Sentencing Code are modified as follows— (a) subsection (2) has effect as if, for “section 231(2)” there were substituted “ section 261(2) of the Armed Forces Act 2006 ”; (b) subsection (3) has effect as if, after “offences” there were inserted “ or further acts or omissions that would be specified offences if committed in England and Wales ”; (c) in subsection (4)(b), sub-paragraphs (i) and (ii) both have effect as if for “in the case of” there were substituted “ if the offence under section 42 was one for which the corresponding offence under the law of England and Wales was ”. (7) Where the offender is 21 or over when convicted of the offence under section 42, an extended sentence of imprisonment under section 279 of the Sentencing Code is available in respect of the offence. (8) Subsections (2) to (5) of section 281 of the Sentencing Code apply where a court dealing with an offender for an offence imposes, or is considering whether to impose, an extended sentence of imprisonment under section 279 of the Sentencing Code by virtue of this section. (9) In their application to an offender by virtue of subsection (8), subsections (2) to (5) of section 281 of the Sentencing Code are modified as follows— (a) subsection (2) has effect as if, for “section 231(2)” there were substituted “ section 261(2) of the Armed Forces Act 2006 ”; (b) subsection (3) has effect as if, after “offences” there were inserted “ or further acts or omissions that would be specified offences if committed in England and Wales ”; (c) in subsection (4)(b), sub-paragraphs (i) and (ii) both have effect as if for “in the case of” there were substituted “ if the offence under section 42 was one for which the corresponding offence under the law of England and Wales was ”.

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220 Certain violent or sexual offences: offenders aged 18 or over

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221 Life sentence for certain dangerous offenders aged under 18

(1) This section applies where — (a) a person aged under 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct) which was committed on or after 4 April 2005, (b) the corresponding offence under the law of England and Wales is a Schedule 19 offence within the meaning of Part 10 of the Sentencing Code (see section 307 of that Code), (ba) the court considers that the seriousness of— (i) the offence under section 42, or (ii) that offence and one or more offences associated with it, is such as to justify the imposition of a sentence of detention for life, and (c) the court is of the required opinion (defined by section 223). (2) Section 258(2) of the Sentencing Code (duty to impose detention for life) applies in relation to the offender. (3) In section 258(2) of the Sentencing Code (as applied by subsection (2)), the reference to section 250 of that Code is to be read as a reference to section 209 of this Act. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) A sentence under section 258(2) of the Sentencing Code passed as a result of this section is not to be regarded as a sentence fixed by law.

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221A Extended sentence for certain violent , sexual or terrorism offenders aged under 18

(1) This section applies where— (a) a person aged under 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct) (whether the offence was committed before or after the commencement of this section); (b) the corresponding offence under the law of England and Wales is a specified offence within the meaning of the Sentencing Code (see section 306 of that Code); (c) the court is of the required opinion (defined by section 223); (d) the court is not required by section 258(2) of the Sentencing Code (as applied by section 221 of this Act) to impose a sentence of detention for life under section 209 of this Act; and (e) if the court were to impose an extended sentence of detention ... as a result of this section, the term that it would specify as the appropriate custodial term would be at least 4 years. (2) An extended sentence of detention under section 254 of the Sentencing Code is available in respect of the offence. (3) Subsections (2) to (5) of section 256 of the Sentencing Code apply where a court is determining— (a) the appropriate custodial term, and (b) the extension period, of an extended sentence of detention to be imposed on an offender under section 254 of the Sentencing Code by virtue of this section. (4) In their application to an offender by virtue of subsection (3), subsections (2) to (5) of section 256 of the Sentencing Code are modified as follows— (a) subsection (2) has effect as if, for “section 231(2)” there were substituted “ section 261(2) of the Armed Forces Act 2006 ”; (b) subsection (3) has effect as if, after “offences” there were inserted “ or further acts or omissions that would be specified offences if committed in England and Wales ”; (c) in subsection (4)(b), sub-paragraphs (i) and (ii) both have effect as if for “in the case of” there were substituted “ if the offence under section 42 was one for which the corresponding offence under the law of England and Wales was ”.

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222 Offenders aged under 18: certain violent or sexual offences

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223 “The required opinion” for purposes of sections 219 to 221A

(1) “The required opinion” for the purposes of sections 219(1), 219A(1), 221(1) and 221A(1) is the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of— (a) further specified offences; or (b) further acts or omissions that would be specified offences if committed in England or Wales. (2) For the purposes of the court's decision whether it is of that opinion, subsections (2) and (3) of section 308 of the Sentencing Code apply as they apply for the purposes of the assessment referred to in subsection (1) of that section. (3) In section 308(2)(a) of the Sentencing Code as applied by this section, the reference to the offence is to be read as a reference to the offence under section 42 of this Act. (4) In this section— “serious harm” has the meaning given by section 306 of the Sentencing Code; “specified offence” has the meaning given by that section.

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224 Place of detention for extended sentences for offenders aged under 18

Section 261 of the Sentencing Code (detention in pursuance of extended sentence) applies to detention imposed by virtue of section 221A of this Act as it applies to detention under section 254 of that Code.

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224A Special custodial sentence for certain offenders of particular concern

(1) This section applies where— (a) a person is convicted by the Court Martial of an offence under section 42 (criminal conduct) (whether the offence was committed before or after this section comes into force), (b) the corresponding offence under the law of England and Wales is an offence listed in Schedule 13 to the Sentencing Code, (c) the person was aged 18 or over when the offence was committed, and (d) the court does not impose one of the following for the offence— (i) a sentence of imprisonment or custody for life, or (ii) an extended sentence of detention or imprisonment under section 266 or 279 of the Sentencing Code (as applied by section 219A of this Act). (2) If— (a) the court imposes a sentence of detention in a young offender institution for the offence, and (b) the offender is aged under 21 when convicted of the offence, subsections (2) and (3) of section 265 of the Sentencing Code (term of special sentence) apply in relation to the term of the sentence. (2A) If— (a) the court imposes a sentence of imprisonment for the offence, and (b) the offender is aged 21 or over when convicted of the offence, subsections (2) and (3) of section 278 of the Sentencing Code (term of special sentence) apply in relation to the term of the sentence. (3) The references in subsections (1)(d) , (2) and (2A) to a sentence imposed for the offence include a sentence imposed for the offence and one or more offences associated with it. (4) In Schedule 13 to the Sentencing Code, as applied by subsection (1)(b), the reference in paragraph 10 to section 69 of that Code is to be read as a reference to that section as applied by section 238(6) of this Act.

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225 Third drug trafficking offence

(1) This section applies where — (a) a person aged 18 or over is convicted by the Court Martial of an offence under section 42 (criminal conduct); and (b) if his conviction had been by a civilian court in England and Wales of the corresponding offence under the law of England and Wales, section 313 of the Sentencing Code (third class A drug trafficking offence) would apply. (2) The Court Martial must impose the sentence required by section 313(2A) of that Code, unless it is of the opinion that there are exceptional circumstances which— (a) relate to any of the offences or to the offender; and (b) justify not doing so.

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226 Third domestic burglary

(1) This section applies where— (a) a person aged over 18 is convicted by the Court Martial of an offence under section 42 (criminal conduct); and (b) if his conviction had been by a civilian court in England and Wales of the corresponding offence under the law of England and Wales, section 314 of the Sentencing Code (third domestic burglary) would apply. (2) The Court Martial must impose the sentence required by section 314(2A) of that Code, unless it is of the opinion that there are exceptional circumstances which— (a) relate to any of the offences or to the offender; and (b) justify not doing so.

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227 Firearms offences

(1) This section applies if— (a) a person is convicted by the Court Martial of an offence under section 42 (criminal conduct); (aa) the corresponding offence under the law of England and Wales is an offence listed in any of paragraphs 1 to 4 of Schedule 20 to the Sentencing Code; and (b) if his conviction had been by a civilian court in England and Wales of that corresponding offence, section 311 of the Sentencing Code (minimum sentences for certain firearms offences) would apply. (2) The Court Martial must impose the sentence required by section 311(2) of the Sentencing Code (as that provision has effect in relation to England and Wales), unless it is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so. (3) In section 311(3)(a) of that Code, as applied by this section, the reference to a sentence of detention under section 250 or 252A of that Code is to be read as a reference to a sentence of detention under section 209 of this Act.

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227A Offences of threatening with a weapon in public or on school premises

(1) This section applies if— (a) a person aged 18 or over is convicted by a court of an offence under section 42 (criminal conduct); and (b) the corresponding offence under the law of England and Wales is an offence under section 1A of the Prevention of Crime Act 1953 or section 139AA of the Criminal Justice Act 1988 (threatening with article with blade or point or offensive weapon in public or on school premises). (1A) Where the offender is aged under 21 at the time of conviction, the court must impose a sentence of detention in a young offender institution for a term of at least 6 months unless the court is of the opinion that there are exceptional circumstances which— (a) relate to the offence or to the offender, and (b) justify not doing so. (2) Where the offender is aged 21 or over at the time of conviction, the court must impose a sentence of imprisonment for a term of at least 6 months unless the court is of the opinion that there are exceptional circumstances which— (a) relate to the offence or to the offender, and (b) justify not doing so. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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228 Appeals where previous convictions set aside

(1A) Subsection (3) applies in the cases described in subsections (1B) to (2). (1B) The first case is where— (a) a sentence has been imposed on any person under section 273(3) or 283(3) of the Sentencing Code (life sentence for second listed offence) as applied by section 218A of this Act; (b) a previous conviction of that person has been subsequently set aside on appeal; and (c) without that conviction, the previous offence condition mentioned in section 218A(1)(d) would not have been met. (1C) The second case is where— (a) a sentence has been imposed on any person under section 225(3) of the 2003 Act (as applied by section 219(2) of this Act); (b) the condition in section 225(3A) of the 2003 Act was met but the condition in section 225(3B) of that Act was not; and (c) any previous conviction of the person without which the condition in section 225(3A) would not have been met is subsequently set aside on appeal. (1D) The third case is where— (a) a sentence has been imposed on any person under section 266 or 279 of the Sentencing Code (extended sentence for certain violent, sexual or terrorism offenders aged 18 or over) as applied by section 219A of this Act; (b) the condition in section 219A(2) was met, but the condition in section 219A(3) was not; and (c) any previous conviction of the person without which the condition in section 219A(2) would not have been met is subsequently set aside on appeal. (1E) The fourth case is where— (a) a sentence has been imposed on any person under section 227(2) of the 2003 Act (as applied by section 220(2) of this Act); (b) the condition in section 227(2A) of the 2003 Act was met but the condition in section 227(2B) of that Act was not; and (c) any previous conviction of the person without which the condition in section 227(2A) would not have been met is subsequently set aside on appeal. (2) The fifth case is where— (a) a sentence has been imposed on any person by virtue of section 225 or 226 of this Act; and (b) any previous conviction of his without which that section would not have applied has subsequently been set aside on appeal. (3) Where this subsection applies, an application for leave to appeal against the sentence may be lodged at any time within 29 days beginning with the day on which the previous conviction was set aside. (3A) Subsection (3B) applies where— (a) a sentence has been imposed on a person under section 273(3) or 283(3) of the Sentencing Code (life sentence for second listed offence) as applied by section 218A of this Act; (b) a previous sentence imposed on that person has been subsequently modified on appeal; and (c) taking account of that modification, the previous offence condition mentioned in section 218A(1)(d) would not have been met. (3B) An application for leave to appeal against the sentence mentioned in subsection (3A)(a) may be lodged at any time within 29 days beginning with the day on which the previous sentence was modified. (4) Subsections (3) and (3B) have effect notwithstanding anything in section 9(1) of the Court Martial Appeals Act 1968 (c. 20).

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229 Service restraining orders

(1) The Court Martial or the Service Civilian Court may make an order under this section where— (a) it convicts or acquits a person (“the defendant”) of an offence; and (b) the defendant is subject to service law or is a civilian subject to service discipline. (2) An order under this section— (a) prohibits the defendant from doing anything described in the order; and (b) has effect for a fixed period specified in the order or until further order. (3) An order under this section may be made, and a prohibition may be included in the order, only for the purpose of protecting a person mentioned in the order from conduct which amounts to harassment. (4) A person subject to service law or a civilian subject to service discipline commits an offence if, without reasonable excuse, he does anything which he is prohibited from doing by an order under this section. (5) 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 five years. (6) In proceedings for an order under this section, the Director of Service Prosecutions and the defence may lead (as further evidence) any evidence which would be admissible in proceedings in the High Court in England and Wales for an injunction under section 3 of the Protection from Harassment Act 1997 (c. 40).

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230 Service restraining orders: supplementary

(1) Section 7 (interpretation) of the Protection from Harassment Act 1997 (c. 40) (“the 1997 Act”) applies for the purposes of section 229 of this Act as it applies for the purposes of sections 5 and 5A of that Act. (2) Section 12 of the 1997 Act (national security etc) applies for the purposes of section 229 of this Act as if— (a) the reference in subsection (1)(c) to serious crime were a reference to serious service offences or serious crime (committed anywhere); (b) the reference in subsection (1) to the 1997 Act were a reference to section 229 of this Act. (3) Where the Court Martial Appeal Court allows an appeal against conviction it may remit the case to the Court Martial for that court to consider whether to proceed under section 229. (4) Section 229 applies in relation to a case remitted under subsection (3) as if subsection (1)(a) were omitted.

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231 Service restraining orders: appeals

(1) This section applies where a court makes an order under section 229— (a) after it has acquitted the defendant of an offence; or (b) in respect of a case remitted to it under section 230(3). (2) For the purposes of sections 285 to 287 (appeals from Service Civilian Court) or, as the case may be, the Court Martial Appeals Act 1968 (c. 20)— (a) the order is to be treated as a sentence passed on the defendant in respect of the offence; and (b) the defendant is to be treated for the purpose of enabling him to appeal against the order as if he had been convicted of the offence by the court. (3) For the purposes of any appeal against the order, references in section 16A of the Court Martial Appeals Act 1968 to passing a sentence include making an order.

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232 Service restraining orders: variation and revocation

(1) The Court Martial may vary or revoke an order under section 229 on an application made by— (a) the Director of Service Prosecutions; (b) the defendant; or (c) any other person mentioned in the order. (2) Any person mentioned in the order is entitled to be heard on the hearing of an application under subsection (1). (3) Where a person is convicted of an offence under section 229, the court that convicts him may vary or revoke the order to which the offence relates.

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232A Service sexual offences prevention orders

(1) The Court Martial or the Service Civilian Court may make an order under this section where— (a) it deals with a person within subsection (2) (“the defendant”) in respect of— (i) a qualifying section 42 offence of which the defendant has been convicted; or (ii) a relevant finding in relation to a qualifying section 42 offence; and (b) it is satisfied that it is necessary to make an order under this section for the purpose of protecting the service community outside the United Kingdom from serious sexual harm from the defendant. (2) The following are persons within this subsection— (a) a member of the regular forces; (b) a member of the reserve forces (whether or not for the time being subject to service law); (c) a civilian subject to service discipline; (d) a person who the court is satisfied is intending to become, or likely to become, a civilian subject to service discipline. (3) An order under this section— (a) prohibits the defendant from doing anything described in the order; and (b) has effect for a fixed period, of at least five years, specified in the order or until further order. (4) The only prohibitions that may be included in the order are those necessary for the purpose of protecting the service community outside the United Kingdom from serious sexual harm from the defendant. (5) Where— (a) a court makes an order under this section, and (b) the defendant is already subject to such an order (whether made by that court or another), the earlier order ceases to have effect. (6) In this section and sections 232B to 232E— (a) “protecting the service community outside the United Kingdom from serious sexual harm” from a person means protecting the service community outside the United Kingdom, or particular members of that community, from serious physical or psychological harm, caused by the person committing one or more offences under section 42 as respects which the corresponding offence under the law of England and Wales is an offence listed in Schedule 3 to SOA 2003; (b) “qualifying section 42 offence” means an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence listed in Schedule 3 or 5 to SOA 2003; (c) “relevant finding”, in relation to an offence, means— (i) a finding that a person is not guilty of the offence by reason of insanity; or (ii) a finding that a person is unfit to stand trial and has done the act charged; (d) “service community” means persons subject to service law and civilians subject to service discipline; (e) “SOA 2003” means the Sexual Offences Act 2003. (7) In construing subsection (6)(a) or (b), any condition subject to which an offence is listed in Schedule 3 to SOA 2003 that relates— (a) to the way in which a person is dealt with in respect of the offence or a relevant finding, or (b) to the age of any person, is to be disregarded.

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232B Service SOPOs: appeals

(1) This section applies where the Court Martial makes an order under section 232A in respect of a relevant finding in relation to a qualifying section 42 offence. (2) For the purposes of the Court Martial Appeals Act 1968— (a) the order is to be treated as a sentence passed on the defendant in respect of the offence; and (b) the defendant is to be treated for the purpose of enabling the defendant to appeal against the order as if the defendant had been convicted of the offence by the court. (3) For the purposes of any appeal against the order, references in section 16A of the Court Martial Appeals Act 1968 to passing a sentence include making an order.

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232C Service SOPOs etc: variation and revocation

(1) The Court Martial may vary or revoke an order under section 232A on an application made by— (a) a Provost Marshal; or (b) the person subject to the order. (2) If subsection (3) applies, the Court Martial may vary or revoke an order under section 104 of SOA 2003 (sexual offences prevention order) on an application made by— (a) a Provost Marshal; or (b) the person subject to the order. (3) This subsection applies if the person subject to the order under section 104 of SOA 2003 (“the SOA order”) is also subject to an associated order under section 232A and either— (a) the person is subject to service law or a civilian subject to service discipline; or (b) the application is made together with an application for the variation or revocation of the associated order under section 232A. (4) An order may be varied under this section so as to extend the period for which it has effect, or so as to impose additional prohibitions, only if— (a) in the case of an order under section 232A, the court is satisfied that the variation is necessary for the purpose of protecting the service community outside the United Kingdom from serious sexual harm from the person subject to the order (in which case section 232A(4) applies accordingly); (b) in the case of an order under section 104 of SOA 2003, the requirements of section 108(5) of that Act are met (protection of public in United Kingdom from serious sexual harm). (5) The Court Martial must not before the end of the relevant period revoke an order under section 232A, or an order under section 104 of SOA 2003, without the consent of— (a) the person subject to the order; and (b) a Provost Marshal. (6) In subsection (5) “the relevant period” means the period of five years beginning with the day on which the order was made. (7) For the purposes of this section an order under section 104 of SOA 2003 and an order under section 232A are “associated” if they were made by the Court Martial or the Service Civilian Court in dealing with the same offence or relevant finding. (8) This section is without prejudice to section 108 of SOA 2003 (application to civilian court for variation etc of a sexual offences prevention order).

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