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

232D Variation or revocation: appeals

(1) A person may appeal to the Court Martial Appeal Court against— (a) the variation under section 232C of an order to which the person is subject; or (b) a decision by the Court Martial not to vary or revoke such an order on an application under that section. (2) On an appeal under subsection (1), the Court Martial Appeal Court may make— (a) such orders as may be necessary to give effect to its determination of the appeal; and (b) such incidental or consequential orders as appear to it to be just.

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232E Extended prohibitions orders

(1) On an application made by a Provost Marshal, the Court Martial must make an order under this section in respect of a person within subsection (2) if the relevant requirements are met. (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. (3) The relevant requirements are met if the Court Martial is satisfied— (a) that the person is subject to an order under section 104 or 105 of SOA 2003 (“the principal order”); and (b) that there are members of the service community outside the United Kingdom who would, if in the United Kingdom, be protected by the principal order. (4) For the purposes of subsection (3)(b) a person (“P”) is “protected” by the principal order if one or more of the prohibitions included in the order are for the purposes of the protection of P, or of persons of a description within which P falls. (5) An order under this section— (a) prohibits the person subject to the order from doing anything described in the order; and (b) has effect— (i) until the expiry of the principal order; or (ii) if earlier, until the principal order is varied, renewed or discharged under section 108 of SOA 2003. (6) Only corresponding prohibitions may be included in an order under this section. (7) For the purposes of subsection (6) a “corresponding prohibition” is a prohibition in substantially the same terms as a prohibition in the principal order (“the principal prohibition”), subject to such modifications as are necessary to secure that the prohibition is for the purposes of the protection of members of the service community outside the United Kingdom who would, if in the United Kingdom, be protected by the principal prohibition. (8) In subsection (7) “protected” is to be construed in accordance with subsection (4).

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232F Extended prohibitions orders: appeals

(1) A person may appeal to the Judge Advocate General against the making of an order under section 232E in respect of the person. (2) The Secretary of State may by rules make provision about appeals under this section, and the rules may in particular make provision— (a) specifying the grounds on which an appeal may be brought; (b) with respect to the procedure which is to apply in connection with an appeal; (c) with respect to the powers of the Judge Advocate General in relation to an appeal.

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232G Offence: breach of order under section 232A or 232E

(1) A person within subsection (2) (“P”) commits an offence if, without reasonable excuse, P does anything which P is prohibited from doing by an order under section 232A or 232E. (2) The following are persons within this subsection— (a) a person subject to service law; (b) a civilian subject to service discipline. (3) 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. (4) Where a person is convicted of an offence under this section, the court that convicts him may vary or revoke the order to which the offence relates.

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233 Order for service parent or service guardian to enter into recognizance

(1) Where— (a) a person aged under 18 is convicted of an offence by the Court Martial or the Service Civilian Court, (b) he is a civilian subject to service discipline, and (c) he has a service parent or service guardian, the court may, and in the circumstances mentioned in subsection (3) must, exercise the powers conferred by this section. (2) The powers conferred by this section are as follows— (a) with the consent of the offender's service parent or service guardian, to order that parent or guardian to enter into a recognizance to take proper care of the offender and exercise proper control over him; and (b) if the service parent or service guardian refuses consent and the court considers the refusal unreasonable, to order that parent or guardian to pay a fine not exceeding level 3 on the standard scale. (3) The circumstances referred to in subsection (1) as those in which the court must exercise the powers conferred by this section are— (a) that the offender is under 16 when convicted; and (b) that the court is satisfied, having regard to the circumstances of the case, that the exercise of those powers would be desirable in the interests of preventing the commission by him of further offences. (4) Where the powers conferred by this section are not exercised in a case where subsection (1) applies and the offender is under 16 when convicted, the court must state in open court that it is not satisfied as mentioned in subsection (3)(b) and why it is not so satisfied. (5) A parent or guardian is a “service parent” or “service guardian” for the purposes of this section if he is a person subject to service law or a civilian subject to service discipline. (6) For the purposes of this section, taking “care” of a person includes giving him protection and guidance and “control” includes discipline.

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234 Recognizances and fines under section 233: further provision

(1) An order under section 233 must not require the parent or guardian to enter into a recognizance for an amount exceeding level 3 on the standard scale. (2) Such an order must not require the parent or guardian to enter into a recognizance— (a) for a period exceeding three years; or (b) where the offender will reach the age of 18 in a period shorter than three years, for a period exceeding that shorter period. (3) In fixing the amount of a recognizance under that section, the court must take into account (among other things) the means of the parent or guardian so far as they appear or are known to the court, and this applies whether taking those means into account has the effect of increasing or reducing the amount of the recognizance. (4) A recognizance under section 233 may, where the court has passed an overseas community order on the offender, include a provision that the service parent or service guardian ensure that the offender complies with the requirements of that order. (5) A court imposing a fine under section 233(2)(b) may make an order under section 251 (power to allow payment by instalments), and in relation to such a fine section 251(2) to (7) have effect as if any reference to a service compensation order were omitted.

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235 Recognizances: appeals, variation and revocation

(1) 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) an order under section 233 is to be treated as a sentence passed on the parent or guardian for the offence; and (b) the parent or guardian 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 that made the order. (2) 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. (3) On an appeal against the order the Court Martial Appeal Court may (as an alternative to exercising its powers under section 16A(2) of that Act) quash the order. (4) The Court Martial may vary or revoke an order under section 233 if on the application of the parent or guardian it appears to the court, having regard to any change in the circumstances since the order was made, to be in the interests of justice to do so.

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236 Forfeiture of recognizance

(1) Where— (a) a recognizance under section 233 has been entered into, and (b) the offender commits a service offence during the period of the recognizance, the Court Martial or the Service Civilian Court may on convicting the offender of that offence (and subject to subsection (2)) declare the recognizance to be forfeited. (2) The court may not make such a declaration where the parent or guardian is neither a person subject to service law nor a civilian subject to service discipline. (3) If a court declares under this section that a recognizance is to be forfeited it must— (a) adjudge the parent or guardian to pay the sum in which he is bound; (b) adjudge him to pay part of that sum; or (c) remit that sum. (4) A court declaring under this section that a recognizance is to be forfeited may make an order under section 251 (power to allow payment by instalments); and in relation to a forfeiture under this section, section 251(2) to (7) have effect as if references to the fine or service compensation order were to the forfeiture.

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236A Disqualification orders

(1) This section applies where— (a) a person (“the offender”) is convicted of a qualifying section 42 offence by a court, (b) the offender was aged 18 or over when the offence was committed, and (c) the court is satisfied beyond reasonable doubt that the offence is aggravated by hostility related to persons falling within any of sections 32 to 34 of the Elections Act 2022. (2) The court must, when dealing with the offender for the offence, also make an order (a “disqualification order”) that the offender is disqualified, for the period of 5 years beginning with the date on which the order is made— (a) for being nominated for election to a relevant elective office, and (b) for being elected to or holding a relevant elective office. (3) Subsection (2) does not apply where the court considers that there are particular circumstances relating to the offence or to the offender which would make it unjust in all the circumstances to make the order; and in such a case the court must state in open court the reasons for not making the order. (4) For the purposes of this section an offence is aggravated by hostility related to persons falling within any of sections 32 to 34 of the Elections Act 2022 if— (a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on the victim being (or being presumed to be) a person falling within any of those sections, or (b) the offence was motivated (wholly or partly) by hostility towards persons falling within any of those sections in their capacity as such. (5) For the purposes of subsection (4) it is immaterial whether or not the offender's hostility is also based, to any extent, on any other factor not mentioned in that subsection. (6) For the purpose of deciding whether to make a disqualification order the court may consider evidence led by the parties to the proceedings. (7) It is immaterial whether evidence led in pursuance of subsection (6) would have been admissible in the proceedings in which the offender was convicted. (8) Where a qualifying section 42 offence is found to have been committed— (a) over a period of 2 or more days, or (b) at some time during a period of 2 or more days, it is to be taken for the purposes of subsection (1)(b) to have been committed on the last of those days. (9) For the purposes of any appeal against a disqualification order— (a) references in section 141 to a finding or punishment include the making of a disqualification order; (b) references in section 16A of the Court Martial Appeals Act 1968 to passing a sentence include making a disqualification order. (10) In this section— “court” means the court or officer sentencing the offender; “presumed” means presumed by the offender; “qualifying section 42 offence” means an offence under section 42 (criminal conduct) as respects which the corresponding offence under the law of England and Wales is an offence listed in Schedule 9 to the Elections Act 2022; “relevant elective office” has the same meaning as in Part 5 of the Elections Act 2022 (see section 37 of that Act).

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236B Effect of disqualification order

References (however expressed) in any enactment to an order under section 30 of the Elections Act 2022 include references to an order under section 236A.

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237 Duty to have regard to purposes of sentencing etc

(1) A court or officer dealing with an offender for a service offence must have regard to the following purposes of sentencing— (a) the punishment of offenders; (b) the maintenance of discipline; (c) the reduction of service offences and other crime (including reduction by deterrence); (d) the reform and rehabilitation of offenders; (e) the protection of the public (including victims of crime); (f) the making of reparation by offenders to persons affected by their offences. (2) If the offender is aged under 18 the court or officer must also have regard to his welfare. (3) This section does not apply in relation to— (a) an offence the sentence for which is fixed by law; (b) an offence the sentence for which falls to be imposed under section 273(3) or 283(3) of the Sentencing Code as a result of section 218A(1B) or (2) (life sentence for second listed offence); (ba) an offence the sentence for which falls to be imposed under section 274(3) or 285(3) of the Sentencing Code as a result of section 219(1A) or (2) (life sentence for certain dangerous offenders aged 18 or over); (bb) an offence the sentence for which falls to be imposed under section 258(2) of the Sentencing Code as a result of section 221(2) (life sentence for certain dangerous offenders aged under 18); (bc) an offence the sentence for which falls to be imposed under section 313(2A) of the Sentencing Code as a result of section 225(2) (third drug trafficking offence); (bd) an offence the sentence for which falls to be imposed under section 314(2A) of the Sentencing Code as a result of section 226(2) (third domestic burglary); (be) an offence the sentence for which falls to be imposed under section 311(2) of the Sentencing Code as a result of section 227(2) (firearms offences); (c) an offence the sentence for which falls to be imposed under section 227A(1A) or (2) (threatening with a weapon in public or on school premises). (4) In this section “sentencing” includes the making of any order when dealing with an offender in respect of his offence.

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238 Deciding the seriousness of an offence

(1) A court or officer dealing with an offender for a service offence (“the current offence”) must in considering the seriousness of the offence— (a) consider the offender's culpability in committing the offence and any harm which the offence caused, was intended to cause or could foreseeably have caused; (b) if the offender has one or more previous convictions, treat as an aggravating factor each previous conviction that the court or officer considers can reasonably be so treated; (c) if the offender committed the current offence while— (i) charged with another service offence and released from service custody, or (ii) on bail, treat the fact that it was committed in those circumstances as an aggravating factor. (2) In considering whether a previous conviction can reasonably be treated as an aggravating factor the court or officer must have regard (in particular) to— (a) the nature of the offence to which the conviction relates and its relevance to the current offence; and (b) the time that has elapsed since the conviction. (3) Any reference in subsection (1) or (2) to a previous conviction is to be read as a reference to— (a) a previous conviction of a service offence; ... or (b) a previous conviction by a court in the British Islands of an offence other than a service offence. (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Nothing in this section prevents the court or officer from treating a previous conviction by a court outside the British Islands as an aggravating factor in any case where the court or officer considers it appropriate to do so. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) In section 69 of the Sentencing Code (seriousness of offence with terrorist connection)— (a) the references to a court are to be read as including a court dealing with an offender for an offence under section 42, and (b) the reference in subsection (1) to an offence specified in Schedule 1 to that Code is to be read as a reference to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence specified in Schedule 1. (7) In section 69A of the Sentencing Code (seriousness of offence where foreign power or designated body condition met)— (a) the references in that section to a court are to be read as including a court dealing with an offender for a service offence, and (b) the reference in subsection (1)(b) to an offence which is not an offence listed in subsection (2) is to be taken as a reference to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is not an offence so listed. (8) In section 70A of the Sentencing Code (sexual grooming of child as aggravating factor)— (a) the references in that section to a court are to be read as including a court dealing with an offender for a service offence, and (b) the reference in subsection (1) to a specified child sex offence is to be read as including a reference to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is a specified child sex offence.

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239 Reduction in sentences for guilty pleas

(1) This section applies where an offender— (a) has pleaded guilty to a service offence in proceedings before a court; or (b) at a summary hearing in respect of a service offence, has admitted the offence. (2) In determining what sentence to pass on the offender, the court or officer dealing with him for his offence must take into account— (a) the stage in the proceedings for the offence at which he indicated his intention to plead guilty or his intention to admit the offence at a summary hearing; and (b) the circumstances in which this indication was given. (3) In subsection (2) “sentence” includes any order made when dealing with the offender in respect of his offence. (4) Subsection (5) applies in the case of an offence the sentence for which, as a result of section 225(2) or 226(2) of this Act (required custodial sentences), falls to be imposed under section 313(2A) or 314(2A) of the Sentencing Code. (5) Nothing in section 313(2A) or 314(2A) of that Code prevents the court, after taking into account any matter mentioned in subsection (2) above, from imposing any sentence which is at least 80% of that specified in section 313(2A) or 314(2A) of that Code. (6) Nothing in section 227A(1A) or (2) prevents the court, after taking into account any matter mentioned in subsection (2) of this section, from imposing any sentence which is at least 80% of that specified in section 227A(1A) or (2).

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240 Increase in sentence for racial or religious aggravation

(1) This section applies where a court or officer dealing with an offender for a service offence (other than an offence mentioned in subsection (3)) is considering the seriousness of the offence. (2) If the offence was racially or religiously aggravated the court or officer— (a) must treat that fact as an aggravating factor; and (b) must state in open court that the offence was so aggravated. (3) This section does not apply in relation to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under any of sections 29 to 32 of the Crime and Disorder Act 1998 (c. 37) (racially or religiously aggravated assaults, criminal damage, public order offences and harassment etc). (4) Section 28 of the Crime and Disorder Act 1998 (meaning of “racially or religiously aggravated”) applies for the purposes of this section as it applies for the purposes of sections 29 to 32 of that Act.

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241 Increase in sentence for aggravation related to disability , sexual orientation or transgender identity

(1) This section applies where a court or officer dealing with an offender for a service offence within subsection (2) is considering the seriousness of the offence. (2) A service offence is within this subsection if— (a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on— (i) the sexual orientation (or presumed sexual orientation) of the victim; ... (ii) a disability (or presumed disability) of the victim; or (iii) the victim being (or being presumed to be) transgender, or (b) the offence is motivated (wholly or partly)— (i) by hostility towards persons who are of a particular sexual orientation; ... (ii) by hostility towards persons who have a disability or a particular disability , or (iii) by hostility towards persons who are transgender. (3) The court or officer— (a) must treat as an aggravating factor the fact that the offence was committed in any of the circumstances mentioned in paragraph (a) or (b) of subsection (2); and (b) must state in open court that the offence was committed in such circumstances. (4) It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) whether the offender's hostility is also based to any extent on any other factor not mentioned in that paragraph. (5) In this section “disability” means any physical or mental impairment. (6) In this section references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment.

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242 Service detention: general restriction

(1) A court may not pass a sentence of service detention in respect of an offence unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was serious enough to warrant such a sentence. (2) In forming any such opinion as is mentioned in subsection (1) or section 243(2) (length of sentence), a court must take into account all such information as is available to it about the circumstances of the offence and any associated offence, including any aggravating or mitigating factors. (3) In subsections (1) and (2) “court” does not include the Summary Appeal Court. (4) A sentence of service detention may not be— (a) passed by an officer at a summary hearing, or (b) passed or confirmed by the Summary Appeal Court, unless the officer or court is of the opinion that the offence it is in respect of (or, if it is in respect of two or more offences, the combination of them) was serious enough to warrant such a sentence. (5) In forming any such opinion as is mentioned in subsection (4) or section 243(3) (length of sentence), an officer or the Summary Appeal Court must take into account all such information as is available to him or it about the circumstances of the offence (or offences), including any aggravating or mitigating factors.

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243 Length of term of service detention: general provision

(1) This section applies where a sentence of service detention is passed in respect of a service offence. (2) Where the detention is imposed by a court other than the Summary Appeal Court, it must be for the shortest term (not exceeding the permitted maximum) that in the opinion of the court is commensurate with the seriousness of the offence or the combination of the offence and one or more offences associated with it. (3) Where the detention is imposed by an officer at a summary hearing or by the Summary Appeal Court, it must be for the shortest term (not exceeding the permitted maximum) that in the opinion of the officer or court is commensurate with the seriousness of the offence (or, if it is imposed in respect of two or more offences, the seriousness of them taken together).

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244 Limit on combined term of sentences of service detention

(1) A court or officer may not— (a) pass a sentence of service detention, (b) make a direction under section 189 (consecutive terms of service detention), or (c) make an order under section 191 or 193 (activation of suspended sentence of service detention), whose effect would be that a person would (at the relevant time) be subject to sentences of service detention the combined term of which exceeds two years. (2) In subsection (1) “the relevant time” is the time immediately after the passing of the sentence or the making of the direction or order. (3) For the purposes of this section, the combined term of sentences of service detention is— (a) if none of the sentences overlap, the aggregate of the terms of the sentences; (b) otherwise, the aggregate of— (i) the period (or periods) during which any of the sentences overlaps any other of them; and (ii) the period (or periods) for which none of the sentences overlap. (4) Where subsection (1) is contravened, any part of any sentence of service detention which would (apart from this subsection) have effect after the end of the permitted period is remitted by virtue of this subsection. (5) In subsection (4) “permitted period” means the period— (a) beginning with the date of contravention; and (b) equal in length to the longest sentence of service detention that could have been passed on that date without contravening subsection (1). (6) For the purposes of the reference in subsection (4) to a part of a sentence which would have effect after the end of the permitted period, any prospect of early release is to be disregarded. (7) In subsection (1)(a) “sentence of service detention” does not include a suspended sentence of service detention.

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245 Section 244: supplementary

(1) Subsections (2) to (5) apply for the purposes of section 244. (2) A person is to be regarded as not subject to any sentence from which he has been released early. (3) A person is to be regarded as not subject to a suspended sentence of service detention unless an order that the sentence shall take effect has been made. (4) Subject to subsection (3), a person is to be regarded as subject to any sentence of service detention that has been passed on him but— (a) has not taken effect; or (b) as a result of section 290(5) or (6) or 291(6) or (7), has ceased to have effect and has not resumed effect. (5) A person who has been detained continuously pursuant to two or more sentences of service detention is to be regarded as subject to all of those sentences (whether or not any of them has been served in full). (6) For the purposes of subsection (5), any periods of detention which would be continuous but for section 290(3), (5) or (6) or 291(5), (6) or (7) are to be treated as continuous.

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246 Crediting of time in service custody: terms of imprisonment and detention

(1) This section applies where— (a) a court or officer sentences an offender to a term of imprisonment or service detention in respect of a service offence (“the offence in question”); and (b) the offender has been kept in service custody, in connection with the offence in question or any related offence, for any period since being charged with the offence in question or any related offence. (2) The number of days for which the offender was kept in service custody in connection with the offence in question or any related offence since being so charged is to count as time served by the offender as part of the sentence. (2A) If, on any day on which the offender was kept in service custody, the offender was also detained in connection with any other matter, that day is not to count as time served. (2B) A day counts as time served— (a) in relation to only one sentence, and (b) only once in relation to that sentence. (2C) A day is not to count as time served as part of any automatic release period served by the offender (see section 255B(1) or 255BA(1) of the 2003 Act). (6) This section applies to— (a) a determinate sentence of detention under section 209, ... (b) a sentence of detention under section 226B or 228 of the 2003 Act passed as a result of section 221A or 222 of this Act , (ba) an extended sentence of detention under section 254 of the Sentencing Code passed as a result of section 221A of this Act, and (c) a determinate sentence of detention in a young offender institution, as it applies to an equivalent sentence of imprisonment. (7) References in this section to “the court” are to the court or officer mentioned in subsection (1).

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247 Crediting of time in service custody: supplementary

(1) For the purposes of section 246(1) offences are related if the charges for them were founded on the same facts or evidence. (2) It is immaterial for the purposes of section 246(1) whether the offender has also been kept in service custody in connection with other offences (but see section 246(2B)).... (2A) The reference in section 246(2A) to detention in connection with any other matter does not include remand in custody in connection with another offence but includes— (a) detention pursuant to any custodial sentence; (b) committal in default of payment of any sum of money; (c) committal for want of sufficient distress to satisfy any sum of money; (d) committal for failure to do or abstain from doing anything required to be done or left undone. (3) For the purposes of section 246 a suspended sentence of imprisonment or a suspended sentence of service detention— (a) is to be treated as a sentence of imprisonment or (as the case may be) service detention when an order that it shall take effect is made; and (b) is to be treated as being imposed by that order. (4) Subsections (5) to (7) apply for the purposes of the references in section 246(2) and (2B) to the term of imprisonment or detention to which a person has been sentenced (that is to say, the reference to his “sentence”). (5) Consecutive terms of service detention, and terms of service detention which are wholly or partly concurrent, are to be treated as a single term. (6) Consecutive relevant custodial terms, and relevant custodial terms which are wholly or partly concurrent, are to be treated as a single term if— (a) the sentences were passed on the same occasion; or (b) where they were passed on different occasions, the person has not been released under Chapter 6 of Part 12 of the 2003 Act at any time during the period beginning with the first and ending with the last of those occasions. (7) For the purposes of subsection (6) a sentence within any of paragraphs (a) to (c) of section 188(4) is a relevant custodial term.

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248 Forfeiture of seniority and reduction in rank or disrating: general restriction

(1) A court may not pass a sentence of forfeiture of seniority, reduction in rank or disrating in respect of an offence unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was serious enough to warrant such a sentence. (2) In forming any such opinion as is mentioned in subsection (1), a court must take into account all such information as is available to it about the circumstances of the offence and any associated offence, including any aggravating or mitigating factors. (3) In subsections (1) and (2) “court” does not include the Summary Appeal Court. (4) A sentence of forfeiture of seniority, reduction in rank or disrating may not be— (a) passed by an officer at a summary hearing, or (b) passed or confirmed by the Summary Appeal Court, unless the officer or court is of the opinion that the offence it is in respect of (or, if it is in respect of two or more offences, the combination of them) was serious enough to warrant such a sentence. (5) In forming any such opinion as is mentioned in subsection (4), an officer or the Summary Appeal Court must take into account all such information as is available to him or it about the circumstances of the offence (or offences), including any aggravating or mitigating factors.

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249 Fixing of fines

(1) A court or officer fixing a fine to be imposed on an offender in respect of a service offence must, before fixing the amount of the fine, inquire into the offender's financial circumstances. (2) The amount of any fine fixed by a court or officer in respect of a service offence must be such as, in the opinion of the court or officer, reflects the seriousness of the offence. (3) In fixing the amount of any fine to be imposed on an offender in respect of a service offence, a court or officer must take into account the circumstances of the case including, among other things, the offender's financial circumstances so far as they are known, or appear, to the court or officer. (4) Subsection (3) applies whether taking into account the offender's financial circumstances has the effect of increasing or reducing the amount of the fine. (5) Where— (a) the court has inquired into the offender's financial circumstances as required by this section, (b) the offender has failed to co-operate with the court in its inquiry (whether by failing to comply with a financial statement order under section 266 or otherwise), and (c) the court considers that it has insufficient information to make a proper determination of the offender's financial circumstances, the court may make such determination of his financial circumstances as it considers appropriate. (6) References in subsection (5) to “the court” are to the court or officer fixing a fine in respect of a service offence.

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250 Determination of service compensation order

(1) In determining whether to make a service compensation order against any person, and in determining the amount to be paid by any person under such an order, a court or officer must have regard to that person's financial circumstances so far as they appear or are known to the court or officer. (2) Where the court or officer considers— (a) that it would be appropriate both to impose a fine and to make a service compensation order, but (b) that the offender has insufficient means to pay both an appropriate fine and appropriate compensation, the court or officer must give preference to compensation (but may impose a fine as well).

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251 Power to allow payment of fine or service compensation order by instalments

(1) A court or officer awarding a fine or service compensation order in respect of a service offence may make an order under this section. (2) An order under this section is an order— (a) allowing time for payment of the amount due in respect of the fine or service compensation order (“the amount due”); or (b) directing payment of that amount by instalments of such amounts and on such dates as may be specified in the order. (3) If no order under this section is made when the fine or service compensation order is imposed, at any later time the appropriate court may make such an order on the application of the person by whom the amount due is payable (“the relevant person”). (4) The appropriate court may on the application of the relevant person vary an order made under this section. (5) In this section “the appropriate court” means— (a) if the fine or service compensation order was imposed by an officer and subsection (6) applies, the commanding officer of the relevant person; (b) if the fine or service compensation order was imposed by a court and subsection (6) or (7) applies, the Court Martial. (6) This subsection applies if the relevant person is for the time being— (a) subject to service law; (b) a member of a volunteer reserve force; or (c) a member of an ex-regular reserve force who is subject to an additional duties commitment. (7) This subsection applies if the relevant person is for the time being a civilian subject to service discipline.

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252 Duty to give reasons and explain sentence

(1) Any court or officer passing sentence on an offender for a service offence— (a) must state in open court, in ordinary language and in general terms and in accordance with section 253, its (or his) reasons for deciding on the sentence passed; and (b) must explain to the offender in ordinary language— (i) the effect of the sentence; (ii) where the offender is required to comply with any order forming part of the sentence, the effects of non-compliance with the order; (iii) any power, on the application of the offender or any other person, to vary or review any order forming part of the sentence; and (iv) where the sentence consists of or includes a fine, the effects of failure to pay the fine. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The Secretary of State may by order— (a) prescribe cases in which subsection (1)(a) or (b) does not apply; (b) prescribe cases in which the statement referred to in subsection (1)(a) or the explanation referred to in subsection (1)(b) may be made in the absence of the offender, or may be provided in written form. (4) In this section and section 253 “sentence” includes any order made when dealing with the offender in respect of his offence.

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253 Duties in complying with section 252

(1) In complying with section 252(1)(a) an officer or the Summary Appeal Court must— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) if section 239 (guilty pleas) applies and as a result of taking into account a matter mentioned in section 239(2) the officer or court has imposed a punishment on the offender which is less severe than the punishment that would otherwise have been imposed, state that fact; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) In complying with section 252(1)(a) a court other than the Summary Appeal Court must— (a) where guidelines indicate that a sentence of a particular kind, or within a particular range, would normally be appropriate for the offence and the sentence is of a different kind or is outside that range, state the court's reasons for deciding on a sentence of a different kind or outside that range; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) if section 239 (guilty pleas) applies and as a result of taking into account a matter mentioned in section 239(2) the court has imposed a punishment on the offender which is less severe than the punishment it would otherwise have imposed, state that fact; (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In this section “guidelines” has the same meaning as in section 259.

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253A Finding of domestic abuse

(1) This section applies if— (a) a court or officer is passing sentence for a service offence, and (b) the court or officer is of the view that the offence involved domestic abuse carried out by the offender. (2) The court or officer must, in open court, state that in the court’s or officer’s view the offence involved domestic abuse carried out by the offender. (3) In its application to a court, this section is without prejudice to any duty imposed on the court by section 259 to have regard to guidelines in dealing with the offender for the offence. (4) In this section— “domestic abuse” has the same meaning as in the Domestic Abuse Act 2021 (see sections 1 and 2 of that Act); “sentence” includes any order made when dealing with the offender in respect of an offence.

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254 Savings for powers to mitigate sentence etc

(1) Nothing in any of sections 242, 243, 248, 249, 250, 256, 258, 260, 261, 265 and 270 prevents a court or officer from mitigating an offender's sentence by taking into account any such matters as, in the court's or officer's opinion, are relevant in mitigation of sentence. (2) Nothing in those sections prevents a court or officer from mitigating any punishment included in an offender's sentence by taking into account any other punishment included in that sentence. (3) Nothing in those sections or section 255 prevents a court, in the case of an offender who is convicted of one or more other offences, from mitigating his sentence by applying any rule of law as to the totality of sentences. (4) Subsections (2) and (3) do not affect the generality of subsection (1).

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255 Individual sentence for each offence

Where the Court Martial or the Service Civilian Court convicts a person, the court must pass a separate sentence in respect of each offence of which he is convicted.

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256 Pre-sentence reports

(1) Subject to subsection (2), a court must obtain and consider a pre-sentence report before— (a) forming any such opinion as is mentioned in— section 242(1) or 243(2) (service detention); section 260(2) or 261(2) (custodial sentence); or section 265(1) (dismissal or dismissal with disgrace); (b) forming any such opinion as is mentioned in section 270(1) or (2)(b) (community punishment) or any opinion as to the suitability for the offender of the particular requirement or requirements to be included in a community punishment; or (c) forming the required opinion for the purposes of section 219(1), 219A(1), 221(1) or 221A(1) (sentences for dangerous offenders). (2) Subsection (1) does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a pre-sentence report. (3) Where the offender is aged under 18, the court must not form the opinion mentioned in subsection (2) unless— (a) there exists a previous pre-sentence report obtained in respect of the offender; and (b) the court has had regard to the information contained in that report, or, if there is more than one such report, the most recent report. (4) No sentence is invalidated by a failure of a court to obtain and consider a pre-sentence report before doing any of the things mentioned in paragraphs (a) to (c) of subsection (1). (5) However, any court on appeal against a custodial sentence in respect of a service offence, a sentence of dismissal or dismissal with disgrace, a sentence of service detention or a community punishment— (a) must (subject to subsection (6)) obtain a pre-sentence report if none was obtained by the court below; and (b) must consider any such report obtained by it or by that court. (6) Subsection (5)(a) does not apply if the court is of the opinion— (a) that the court below was justified in forming an opinion that it was unnecessary to obtain a pre-sentence report; or (b) that, although the court below was not justified in forming that opinion, in the circumstances of the case at the time it is before the court it is unnecessary to obtain a pre-sentence report. (7) Where the offender is aged under 18, the court must not form the opinion mentioned in subsection (6) unless— (a) there exists a previous pre-sentence report obtained in respect of the offender; and (b) the court has had regard to the information contained in that report or, if there is more than one such report, the most recent report. (8) Subsections (5) to (7) do not apply to the Summary Appeal Court on an appeal to it. (9) Subsections (1) to (4) do apply to the Summary Appeal Court in relation to a sentence of service detention, but as if the opinions referred to in subsection (1)(a) were any such opinion as is mentioned in section 242(4) or 243(3). (10) The reference in subsection (1)(a) to a court forming any such opinion as is mentioned in section 260(2) or 261(2) includes a court forming such an opinion for the purposes of section 218A(4).

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257 Pre-sentence reports: supplementary

(1) In section 256 and this section “pre-sentence report” has the meaning given by section 31(1) of the Sentencing Code. (2) In section 31(1) of that Code as applied by this section, “an appropriate officer” includes any registered social worker (as well as any person who is an appropriate officer within the meaning given by section 31(2) of that Code). (3) In this section “registered social worker” means a person registered as a social worker in a register maintained by— (a) Social Work England; (b) the Care Council for Wales; (c) the Scottish Social Services Council; or (d) the Northern Ireland Social Care Council. (4) Section 32(1) to (4) and (6) of the Sentencing Code (disclosure of reports) apply in relation to a pre-sentence report obtained by a court for the purposes of section 256 of this Act as they apply in relation to a report obtained by a court for the purposes of section 30 of that Code.

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258 Mentally disordered offenders: requirement for medical report

(1) Subject to subsection (2), before passing a custodial sentence for a service offence on an offender who is or appears to be mentally disordered, a court must obtain and consider a medical report. (2) Subsection (1) does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a medical report. (3) Before passing a custodial sentence for a service offence on an offender who is or appears to be mentally disordered, a court must consider— (a) any information before it which relates to his mental condition (whether given in a medical report, a pre-sentence report or otherwise); and (b) the likely effect of such a sentence on that condition and on any treatment which may be available for it. (4) No custodial sentence which is passed in a case to which subsection (1) applies is invalidated by a failure of a court to comply with that subsection, but any court on an appeal against such a sentence— (a) must obtain a medical report if none was obtained by the court below; and (b) must consider any such report obtained by it or by that court. (5) In this section— “custodial sentence” does not include a custodial sentence fixed by law; “medical report” means a report as to an offender's mental condition made or submitted orally or in writing by a registered medical practitioner who is approved for the purposes of section 12 of the Mental Health Act 1983 (c. 20) by the Secretary of State , or by another person by virtue of section 12ZA or 12ZB of that Act, as having special experience in the diagnosis or treatment of mental disorder. (6) Nothing in this section is to be taken to limit the generality of— section 256 (pre-sentence reports); or section 260(4) (information to be taken into account).

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259 Sentencing guidelines

(1) A court must— (a) in sentencing an offender for a service offence, have regard to any guidelines that are relevant to the offender's case; and (b) in exercising any other function relating to the sentencing of offenders for service offences, have regard to any guidelines which are relevant to the exercise of the function. (2) However, the court may depart from the guidelines mentioned in subsection (1)(a) or (b) if in its opinion the departure is justified by any features of service life or of the service disciplinary system that are relevant to the case. (3) Subsection (2) does not limit any power existing apart from that subsection to depart from guidelines. (4) References in subsection (1)(a) and (b) to sentencing an offender for a service offence include making any order when dealing with an offender in respect of such an offence. (5) In this section “guidelines” means sentencing guidelines issued by the Sentencing Council for England and Wales under section 120 of the Coroners and Justice Act 2009 as definitive guidelines, as revised by any subsequent guidelines so issued.

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260 Discretionary custodial sentences: general restrictions

(1) This section applies where a court is dealing with an offender for a service offence punishable with a custodial sentence, other than an offence the sentence for which— (a) is fixed by law; (b) falls to be imposed under section 273(3) or 283(3) of the Sentencing Code as a result of section 218A(1B) or (2) (life sentence for second listed offence); (c) falls to be imposed under section 274(3) or 285(3) of the Sentencing Code as a result of section 219(1A) or (2) (life sentence for certain dangerous offenders aged 18 or over); (d) falls to be imposed under section 258(2) of the Sentencing Code as a result of section 221(2) (life sentence for certain dangerous offenders aged under 18); (e) falls to be imposed under section 313(2A) of the Sentencing Code as a result of section 225(2) (third drug trafficking offence); (f) falls to be imposed under section 314(2A) of the Sentencing Code as a result of section 226(2) (third domestic burglary); (g) falls to be imposed under section 311(2) of the Sentencing Code as a result of section 227(2) (firearms offences); or (h) falls to be imposed under section 227A(1A) or (2) (threatening with a weapon in public or on school premises). (2) The court must not pass a custodial sentence unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was so serious that no less severe sentence can be justified for the offence. (3) Nothing in subsection (2) prevents the court from passing a custodial sentence where— (a) the court had proposed to award a community punishment; and (b) the offender failed to express his willingness to comply with a requirement which the court proposed to include in the community punishment and which required an expression of such willingness. (4) In forming any such opinion as is mentioned in subsection (2) or section 261(2) (length of sentence), a court must take into account all such information as is available to it about the circumstances of the offence and any associated offence, including any aggravating or mitigating factors. (4A) The reference in subsection (4) to a court forming any such opinion as is mentioned in subsection (2) or section 261(2) includes a court forming such an opinion for the purposes of section 218A(4). (4B) The reference in subsection (4) to a court forming any such opinion as is mentioned in section 261(2) also includes a court forming such an opinion for the purposes of — (a) section 268(2) or 281(2) of the Sentencing Code, as applied by section 219A of this Act (extended sentences for offenders aged 18 or over), or (b) section 256(2) of the Sentencing Code, as applied by section 221A of this Act (extended sentences for offenders aged under 18). (5) For the purposes of this section a sentence falls to be imposed as a result of subsection (2) of section 225, 226 or 227 if it is required by that subsection and the court is not of the opinion there mentioned.

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261 Length of discretionary custodial sentences: general provision

(1) This section applies where a court passes a custodial sentence for a service offence, other than a sentence fixed by law or imposed under — (a) section 273(3) or 283(3) of the Sentencing Code as a result of section 218A(1B) or (2) (life sentence for second listed offence), (b) section 274(3) or 285(3) of the Sentencing Code as a result of section 219(1A) or (2) (life sentence for certain dangerous offenders aged 18 or over), or (c) section 258(2) of the Sentencing Code as a result of section 221(2) (life sentence for certain dangerous offenders aged under 18). (2) The custodial sentence must be for the shortest term (not exceeding the permitted maximum) that in the opinion of the court is commensurate with the seriousness of the offence or the combination of the offence and one or more offences associated with it. (3) Subsection (2) is subject to sections 219A, 221A, 225, 226 , 227 and 227A (sentences that may or must be imposed for certain offences).

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261A Life sentences: further provision

(1) In Chapter 8 of Part 10 of the Sentencing Code (sections 321 to 324: effect of life sentences), references to a court include the Court Martial. (2) In section 322 of that Code as it applies in relation to a life sentence passed by the Court Martial— (a) subsection (2)(b)(i) has effect as if, for “section 240ZA of the Criminal Justice Act 2003” there were substituted “ section 246 of the Armed Forces Act 2006 ”; (b) subsection (4) has effect as if, for “section 52(2)” there were substituted “ section 252(1)(a) of the Armed Forces Act 2006 ”. (3) In section 323 of that Code as it applies in relation to a life sentence passed by the Court Martial, (za) subsection (1C)(b) has effect as if for “section 252A, 254, ... 278 or 279” there were substituted— (i) section 224A or 224B of the Armed Forces Act 2006, or (ii) section 254, ... 278 or 279 passed as a result of section 219A, 219ZA or 221A of that Act, subsection (2)(c)(i) has effect as if, for “section 240ZA of the Criminal Justice Act 2003” there were substituted “ section 246 of the Armed Forces Act 2006 ”. (4) Section 324, as it applies in relation to a sentence passed by the Court Martial, has effect as if for the definition of “life sentence” there were substituted— “life sentence” means any of the following sentences imposed under or by virtue of the Armed Forces Act 2006— (a) a sentence of imprisonment for life, (b) a sentence of detention for life or during Her Majesty's pleasure, or (c) a sentence of custody for life; . (5) Schedule 21, as it applies in relation to a sentence passed by the Court Martial, has effect as if a reference to murder included reference to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is murder.

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262 Power to recommend licence conditions

In section 328 of the Sentencing Code (court imposing prison term of 12 months or more may recommend licence conditions) “court” includes a court dealing with an offender for a service offence.

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262A Conversion of sentence of detention to sentence of imprisonment

(1) In section 329 of the Sentencing Code (conversion of sentence of detention to sentence of imprisonment), “court” includes a court dealing with an offender for a service offence. (2) In its application to a court dealing with an offender for a service offence, that section has effect with the following modifications. (3) In subsection (5)— (a) paragraph (a) has effect as if, after “254,” there were inserted “ passed as a result of section 221A of the Armed Forces Act 2006 ”; (b) the words following paragraph (b) have effect as if, after “279” there were inserted “ passed as a result of section 219A(7) of the Armed Forces Act 2006 ”. (4) Subsection (7) has effect as if, for paragraphs (a) to (f) there were substituted— (a) a sentence of detention under section 209 of the Armed Forces Act 2006 (including one imposed under section 221 of that Act (detention for life)); (b) an extended sentence of detention under section 254 passed as a result of section 221A of the Armed Forces Act 2006; (c) a sentence of detention during Her Majesty's pleasure (see section 218 of the Armed Forces Act 2006); (d) a sentence of detention in a young offender institution; (e) an extended sentence of detention in a young offender institution (see section 219A(4) of the Armed Forces Act 2006); (f) a sentence of custody for life (see sections 210A, 217, 218A(1B) and 219(1A) of the Armed Forces Act 2006).

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263 Restriction on imposing custodial sentence or service detention on unrepresented offender

(1) A sentence of— (a) imprisonment, or (b) service detention, must not be passed by the Court Martial or the Service Civilian Court, or passed or confirmed by the Summary Appeal Court, in respect of an offender who is not legally represented in that court. (2) Subsection (1) does not apply if the offender— (a) having been informed of his right to apply for legal representation and having had the opportunity to do so, refused or failed to apply; or (b) was aged 21 or over when convicted, and has previously been sentenced to imprisonment by a civilian court in any part of the United Kingdom or for a service offence .... (3) The Court Martial or the Service Civilian Court must not— (a) pass a custodial sentence on an offender who is aged under 21 on conviction, or (b) make an order under section 211 (detention and training), on or in respect of an offender who is not legally represented in that court unless the offender, having been informed of his right to apply for legal representation and having had the opportunity to do so, refused or failed to apply. (4) For the purposes of this section an offender is “legally represented” in the Court Martial or the Service Civilian Court only if he has the assistance of counsel or a solicitor to represent him in the proceedings in that court at some time after he is found guilty and before he is sentenced. (5) For the purposes of this section an offender is “legally represented” in the Summary Appeal Court— (a) in a case where his appeal was only against punishment, if he has the assistance of counsel or a solicitor to represent him at some time during the proceedings in that court; (b) in any other case, only if he has the assistance of counsel or a solicitor to represent him in the proceedings in that court at some time after the court confirms or substitutes the finding and before it confirms or passes sentence. (6) For the purposes of subsection (2)(b)— (a) a previous sentence of imprisonment which has been suspended and has not taken effect is to be disregarded; (b) “sentence of imprisonment” does not include a committal for contempt of court or any kindred offence; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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