(1) A person subject to service law commits an offence if he attempts to commit an offence to which this subsection applies.
(2) Subsection (1) applies to any service offence except—
(a) an offence committed by virtue of section 41 (aiding and abetting);
(b) an offence under this section or section 42.
(3) A civilian subject to service discipline commits an offence if he attempts to commit an offence to which this subsection applies.
(4) Subsection (3) applies to—
(a) an offence under section 4, 13, 27, 28(2), 29, 107 or 306 of this Act or under section 18 or 20 of the Armed Forces Act 1991 (c. 62); and
(b) an offence under section 40 of encouraging or assisting the commission of an offence mentioned in paragraph (a).
(5) For the purposes of this section a person attempts to commit an offence if, with intent to commit the offence, he does an act which is more than merely preparatory to the commission of the offence.
(6) For those purposes, a person may attempt to commit an offence even though the facts are such that the commission of the offence is impossible.
(7) Where—
(a) apart from this subsection a person's intention would not be regarded as having amounted to an intent to commit an offence, but
(b) if the facts of the case had been as he believed them to be his intention would be so regarded,
then for the purposes of this section he shall be regarded as having had an intent to commit that offence.
(8) Where in proceedings for an offence under this section there is evidence sufficient in law to support a finding that the defendant did an act falling within subsection (5), the question whether his act fell within that subsection is a question of fact.
(9) A person guilty of an offence under this section is liable to the same punishment as he would be liable to if guilty of the offence attempted.
(1) A person subject to service law commits an offence if he encourages or assists the commission of a service offence (other than an offence under section 42).
(2) A civilian subject to service discipline commits an offence if he encourages or assists the commission of an offence mentioned in section 39(4).
(3) Reference in this section to encouraging or assisting the commission of an offence is to the doing of an act that would have constituted an offence under Part 2 of the Serious Crime Act 2007 if the offence encouraged or assisted had been an offence under the law of England and Wales.
(4) In determining whether an act would have constituted an offence under that Part, section 49(4) of that Act has effect as if for “offences under this Part and listed offences” it read “offences under sections 39 and 40 of the Armed Forces Act 2006”.
(5) Any requirement in that Part to specify matters in an indictment applies for the purposes of this section as it applies for the purposes of that Part, but with references to the indictment being read as references to the charge sheet.
(6) A person guilty of an offence under this section is liable to the same punishment as he would be liable to if guilty of—
(a) the service offence encouraged or assisted; or
(b) if convicted of the offence under this section by reference to more than one such service offence, any one of those service offences.
(1) Where a person subject to service law aids, abets, counsels or procures the commission by another person of an offence to which this subsection applies, he commits that offence.
(2) Subsection (1) applies to any service offence except an offence under section 42.
(3) A person who by virtue of subsection (1) commits an offence is liable to be charged, tried (including dealt with at a summary hearing) and punished as a principal offender.
(4) Where a civilian subject to service discipline aids, abets, counsels or procures the commission by another person of an offence mentioned in section 39(4), he commits that offence and is liable to be charged, tried and punished as a principal offender.
(1) A person subject to service law, or a civilian subject to service discipline, commits an offence under this section if he does any act that—
(a) is punishable by the law of England and Wales; or
(b) if done in England or Wales, would be so punishable.
(2) A person may be charged with an offence under this section even if he could on the same facts be charged with a different service offence.
(3) A person guilty of an offence under this section is liable to—
(a) if the corresponding offence under the law of England and Wales is under that law an offence punishable with imprisonment, any punishment mentioned in the Table in section 164;
(b) otherwise, any punishment mentioned in rows 5 to 14 of that Table.
(4) Any sentence of imprisonment or fine imposed in respect of an offence under this section must not exceed—
(a) if the corresponding offence under the law of England and Wales is a summary offence, the maximum term of imprisonment or fine that could be imposed by a magistrates' court on summary conviction;
(b) if that corresponding offence is an indictable offence, the maximum sentence of imprisonment or fine that could be imposed by the Crown Court on conviction on indictment.
(5) In subsection (4) “a summary offence” and “an indictable offence” mean, respectively, a summary offence under the law of England and Wales and an indictable offence under that law.
(6) In this section and sections 45 to 49 “act” includes an omission and references to the doing of an act are to be read accordingly.
(7) In subsections (1) and (8) and sections 45 to 49 “punishable” means punishable with a criminal penalty.
(8) In this Act “the corresponding offence under the law of England and Wales”, in relation to an offence under this section, means—
(a) the act constituting the offence under this section; or
(b) if that act is not punishable by the law of England and Wales, the equivalent act done in England or Wales.
(1) Subsection (2) applies for the purpose of determining whether an attempt is an offence under section 42.
(2) For that purpose section 1(4) of the Criminal Attempts Act 1981 (c. 47) (offences that it is an offence to attempt) has effect as if for the words from “offence which” to “other than” there were substituted “ offence under section 42 of the Armed Forces Act 2006 consisting of an act punishable by the law of England and Wales as an indictable offence or an act that, if done in England or Wales, would be so punishable by that law; but “indictable offence” here does not include ”.
(3) Section 42(6) applies for the purposes of section 1(4) of the Criminal Attempts Act 1981 as modified by this section.
(1) Where, in proceedings for a section 42 offence of attempt, there is evidence sufficient in law to support a finding that the defendant did an act falling within subsection (1) of section 1 of the Criminal Attempts Act 1981, the question whether his act fell within that subsection is a question of fact.
(2) In this section “a section 42 offence of attempt” means an offence under section 42 consisting of an act that is, or that would be if done in England or Wales, an offence under section 1(1) of the Criminal Attempts Act 1981 (c. 47).
(3) References in subsections (1) and (2) to section 1(1) of the Criminal Attempts Act 1981 are to that provision as it has effect by virtue of section 43 above.
(1) For the purpose of determining whether an agreement that a course of conduct be pursued is an offence under section 42—
(a) sections 1(1) and 2 of the Criminal Law Act 1977 (c. 45) (conspiracy) have effect as if any reference to an offence included a reference to an act that, if done in England or Wales, would be punishable by the law of England and Wales; and
(b) section 1(2) of that Act has effect as if it read—
(2) Where liability for any offence may be incurred without knowledge on the part of the person committing it of any particular fact or circumstance necessary for the commission of it, a person is nevertheless not guilty by virtue of subsection (1) above of conspiracy to commit—
(a) that offence, or
(b) an act that would amount to that offence if done in England or Wales,
unless he and at least one other party to the agreement intend or know that that fact or circumstance shall or will exist at the time when the conduct constituting the offence, or the act, is to take place.
(2) Section 42(6) applies for the purposes of section 1(2) of the Criminal Law Act 1977 as substituted by this section.
(1) Subsection (2) applies if a person subject to service law, or a civilian subject to service discipline, encourages or assists the doing of an act (or one or more of a number of acts) that, if done in England or Wales, would be punishable by the law of England and Wales.
(2) Regardless of where that act (or those acts) might be done and of his state of mind with respect to that question, his encouragement or assistance shall be treated for the purposes of section 42(1) as an act that is punishable by the law of England and Wales (so far as it is not such an act in any event).
(3) Reference in this section to encouraging or assisting is to an act that would constitute an offence under Part 2 of the Serious Crime Act 2007 disregarding any provision in that Part about the place where the act (or acts) being encouraged or assisted might be done or the accused's state of mind with respect to that question.
47 Aiding, abetting, counselling or procuring criminal conduct
(1) Subsection (2) applies if—
(a) any person (“A”) does an act that is punishable by the law of England and Wales or would be so punishable if done in England or Wales; and
(b) a person subject to service law, or a civilian subject to service discipline, aids, abets, counsels or procures A's doing of that act.
(2) Regardless of where the act aided, abetted, counselled or procured was done, the aiding, abetting, counselling or procuring shall be treated for the purposes of section 42(1) as an act that is punishable by the law of England and Wales.
(3) For the purpose of determining whether an attempt is an act that falls within subsection (1)(a) above, section 1(4) of the Criminal Attempts Act 1981 (c. 47) has effect with the modification made by section 43.
(1) This section applies where—
(a) an attempt, agreement or encouragement or assistance, or a person's aiding, abetting, counselling or procuring, is an offence under section 42 by reason of section 43, 45, 46 or 47; and
(b) the act to which it relates (“the contemplated act”) is not an act that is (or that if done would have been) punishable by the law of England and Wales.
(2) For the following purposes it shall be assumed that the contemplated act amounted to the offence under the law of England and Wales that it would have amounted to if it had been the equivalent act in England or Wales.
(3) Those purposes are—
(a) the purpose of determining what punishment may be imposed for the offence under section 42;
(b) the purpose of determining for the purposes of any of the following provisions of this Act whether the act constituting the offence under section 42, or the equivalent act done in England or Wales, is or would be—
(i) an offence under the law of England and Wales;
(ii) any particular such offence;
(iii) such an offence of any particular description.
(1) If a person subject to service law, or a civilian subject to service discipline, does in or in relation to a military aircraft any act that if done in or in relation to a civil aircraft would amount to a prescribed Air Navigation Order offence, the act shall be treated for the purposes of section 42(1) as punishable by the law of England and Wales.
(2) Where an act is an offence under section 42 by reason of subsection (1) above—
(a) section 42(8)(b) does not apply; and
(b) it shall be assumed for the following purposes that the act amounted to the offence under the law of England and Wales that it would have amounted to if it had been done in or in relation to a civil aircraft.
(3) Those purposes are—
(a) the purpose of determining what punishment may be imposed for the offence under section 42;
(b) the purpose of determining for the purposes of any of the following provisions of this Act whether the act constituting the offence under section 42 is—
(i) an offence under the law of England and Wales;
(ii) any particular such offence;
(iii) such an offence of any particular description.
(4) In this section—
“military aircraft” has the meaning given by section 92 of the Civil Aviation Act 1982 (c. 16);
“civil aircraft” means an aircraft that is registered in the United Kingdom and is not a military aircraft;
“Air Navigation Order offence” means an offence under an Order in Council made under section 60 of the Civil Aviation Act 1982 (whenever made, and whether or not also made under any other enactment);
“prescribed” means prescribed by an order made by the Secretary of State for the purposes of this section.
(1) The Court Martial has jurisdiction to try any service offence.
(2) In this Act “service offence” means—
(a) any offence under Part 1;
(aa) an offence under section 93A, 93E or 93G (testing for alcohol or drugs on suspicion);
(b) an offence under section 107 (breach of requirement imposed on release from custody);
(c) an offence under section 229 (breach of service restraining order);
(d) an offence under section 266 (failure to comply with financial statement order);
(e) an offence under section 305 (random drug testing);
(f) any offence under regulations under section 328 (false answer during enlistment in a regular force) or section 343 (service inquiries) that the regulations provide is a service offence;
(fa) an offence under paragraph 2, 3 or 4 of Schedule 2A (offences committed by a lay member of the Court Martial);
(fb) an offence under paragraph 5 of that Schedule (disclosing information about members' deliberations etc) committed by a person described in sub-paragraph (2) of that paragraph;
(g) an offence under section 18 or 20 of the Armed Forces Act 1991 (c. 62) (orders for the protection of children);
(h) an offence under any of sections 95 to 97 of the Reserve Forces Act 1996 (c. 14) (reserve forces offences); or
(i) an offence under paragraph 5(1) of Schedule 1 to that Act (false answer during enlistment in a reserve force) committed by a person within paragraph 5(3) of that Schedule.
(1) The Service Civilian Court has jurisdiction to try any service offence committed outside the British Islands by a civilian, except an offence within subsection (3) or an offence in relation to which subsection (6) applies.
(2) For the purposes of subsection (1) an offence is committed by a civilian if it is committed by a person who, at the time when it is committed, is a civilian subject to service discipline.
(3) The offences within this subsection are—
(a) an indictable-only offence under section 42;
(b) an offence under section 266 committed in respect of a financial statement order made by a court other than the Service Civilian Court;
(c) any service offence under regulations under section 328 or 343;
(ca) an offence under paragraph 2, 3, 4 or 5 of Schedule 2A (offences relating to members of the Court Martial);
(d) an offence within section 50(2)(h) or (i) (Reserve Forces Act offences).
(4) For the purposes of subsection (3)(a) an offence under section 42 is “indictable-only” if the corresponding offence under the law of England and Wales is under that law an offence which, if committed by an adult, is triable only on indictment; but this is subject to subsection (5).
(5) Where the defendant is aged under 18 at the time a decision under section 279 is made, an offence under section 42 is “indictable-only” for the purposes of subsection (3)(a) above if (and only if)—
(a) the corresponding offence under the law of England and Wales is murder, manslaughter or an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (c. 28) of causing or allowing the death of a child or vulnerable adult; or
(b) section 227 (firearms offences) would apply if the accused were convicted by the Court Martial of the offence under section 42.
(6) This subsection applies in relation to an offence if the defendant is for the time being—
(a) a member of the regular or reserve forces; or
(b) liable to recall.
(7) For the purposes of subsection (6) a person is “liable to recall” if—
(a) under section 65(1) of the Reserve Forces Act 1996 (c. 14) he is liable to be recalled for service; or
(b) he is liable to be recalled as mentioned in section 35(1) of the Reserve Forces Act 1980 (c. 9).
(1) A charge against a person (“the accused”) in respect of an offence is capable of being heard summarily if (and only if) conditions A to C are met.
(2) Condition A is that the offence is one that may be dealt with at a summary hearing (see section 53).
(3) Condition B is that the accused is—
(a) an officer of or below the rank of commander, lieutenant-colonel or wing commander; or
(b) a person of or below the rank or rate of warrant officer.
(4) Condition C is (subject to subsections (5) and (6)) that the accused is—
(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,
from the time the offence is committed to the end of the summary hearing of the charge.
(5) If the offence is one under section 96(1) of the Reserve Forces Act 1996 (c. 14) committed by virtue of section 96(2) of that Act, condition C is that the accused is—
(a) liable to recall, or
(b) a member of the regular forces,
from the time the offence is committed to the end of the summary hearing of the charge.
(6) If the offence is any other Reserve Forces Act offence, condition C is that the accused is a member of a reserve force from the time the offence is committed to the end of the summary hearing of the charge.
(7) For the purposes of this section—
(a) a person is “liable to recall” if—
(i) under section 65(1) of the Reserve Forces Act 1996 he is liable to be recalled for service; or
(ii) he is liable to be recalled as mentioned in section 35(1) of the Reserve Forces Act 1980 (c. 9);
(b) “Reserve Forces Act offence” means an offence within section 53(1)(k).
(8) Where at any time it falls to a person to determine for the purposes of any provision of this Act whether a charge is or would be capable of being heard summarily, the references in subsections (4) to (6) to the end of the summary hearing of the charge are to be read as references to that time.
53 Offences that may be dealt with at a summary hearing
(1) The following service offences may be dealt with at a summary hearing—
(a) an offence under section 4(3);
(b) an offence under any of sections 9 to 15;
(c) an offence under section 16(1)(a), or an offence under section 16(1)(c) committed by omission;
(d) an offence under any of sections 17 to 29;
(e) an offence under section 30(1) of negligently doing an act that results in a person's escape, or an offence under section 30(2);
(f) an offence under any of sections 34 to 36;
(g) an offence under section 42 (criminal conduct) within subsection (3);
(ga) an offence under section 93A, 93E or 93G (testing for alcohol or drugs on suspicion);
(h) an offence under section 107;
(i) an offence under section 305 (random drug testing);
(j) any service offence under regulations under section 328 or 343;
(k) an offence under section 96 or 97 of the Reserve Forces Act 1996 of absence without leave.
(2) Any reference in a paragraph of subsection (1), except paragraph (g), to an offence includes an offence under section 39 of attempting to commit that offence.
(3) An offence under section 42 is within this subsection if the corresponding offence under the law of England and Wales is—
(a) an offence listed in either Part of Schedule 1 (criminal conduct offences that may be dealt with at a summary hearing); or
(b) an offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit an (indictable) offence so listed.
(4) The Secretary of State may by order amend Schedule 1.
54 Charges which may be heard summarily only with permission or by senior officer
(1) An officer may not hear summarily a charge in respect of an offence within subsection (2) unless—
(a) he has obtained the permission of higher authority; or
(b) he is of or above the rank of rear admiral, major-general or air vice-marshal.
(2) An offence is within this subsection if it is an offence under section 42 as respects which the corresponding offence under the law of England and Wales is—
(a) an offence listed in Part 2 of Schedule 1; or
(b) an offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit an (indictable) offence so listed.
55 Time limit for charging former member of a regular or reserve force
(1) This section applies where a person ceases to be a member of a regular or reserve force.
(2) The person may not, after the end of six months beginning with the date he ceased to be a member of that force, be charged with a service offence committed while he was a member.
(3) Subsection (2) applies even if the person rejoins the force within those six months.
56 Time limit for charging certain members or former members of ex-regular reserve forces
(1) This section applies where—
(a) a person, while a member of an ex-regular reserve force, has been subject to an additional duties commitment; and
(b) the person ceases to be subject to the commitment.
(2) The person may not, after the end of six months beginning with the date he ceased to be subject to the commitment, be charged with a service offence committed while he was so subject.
57 Time limit for charging person formerly subject to service law
(1) This section applies where a person ceases to be subject to service law.
(2) The person may not, after the end of six months beginning with the date he ceased to be subject to service law, be charged with a service offence committed while he was so subject.
(3) Subsection (2) applies even if the person (again) becomes subject to service law within those six months.
(4) Subsection (2) does not apply in relation to an offence committed by a person when he was—
(a) a member of a volunteer reserve force; or
(b) a member of an ex-regular reserve force who was subject to an additional duties commitment.
58 Time limit for charging civilian formerly subject to service discipline
(1) Subsection (2) applies in any case where a person ceases to be a civilian subject to service discipline, except a case where at the time he does so he becomes subject to service law.
(2) Where this subsection applies—
(a) the person may not, after the end of six months beginning with the date he ceased to be a civilian subject to service discipline, be charged with a service offence committed while he was such a civilian; and
(b) this applies even if he (again) becomes such a civilian within those six months.
(3) Where a person ceases to be a civilian subject to service discipline and at the time he does so becomes subject to service law, section 57 has effect as if—
(a) the reference in subsection (2) to a service offence committed while the person was subject to service law included a service offence committed during the relevant period; and
(b) the reference in subsection (3) to becoming subject to service law included becoming a civilian subject to service discipline.
(4) In subsection (3)(a) above “the relevant period” means the period while the person was a civilian subject to service discipline that ended with his becoming subject to service law.
(5) Subsection (6) applies to a person—
(a) who ceases to be a civilian subject to service discipline by reason only of—
(i) leaving an area designated for the purposes of Schedule 15;
(ia) leaving a country in which he fell within paragraph 5 of that Schedule;
(ii) entering the British Islands; or
(iii) leaving an area which a designation under paragraph 7 of Schedule 15 specifies as an area that he must be in for the designation to apply to him; and
(b) who is residing or staying in a qualifying place at the time he does so.
(6) As regards that time, and for so long after that time as he continues—
(a) to reside or stay in a qualifying place, and
(b) to be a person who is not a civilian subject to service discipline but who would be such a civilian if he were in a qualifying place,
he is to be treated for the purposes of this section (apart from subsection (5)) as being such a civilian.
(7) In subsections (5) and (6) “in a qualifying place” means—
(a) in relation to a person who falls within subsection (5)(a) by reason of leaving an area designated for the purposes of Schedule 15, in any such area;
(aa) in relation to a person who falls within subsection (5)(a) by reason of leaving a country in which he fell within paragraph 5 of that Schedule, in that country or any other country in which he falls within that paragraph;
(b) in relation to a person who falls within subsection (5)(a) by reason of entering the British Islands, outside the British Islands;
(c) in relation to a person who falls within subsection (5)(a) by reason of leaving an area mentioned in subsection (5)(a)(iii), in that area.
(8) In subsections (5)(a)(ia) and (7)(aa) “country” is to be read in accordance with paragraph 14 of Schedule 15.
59 Time limit for charging offence under section 107
(1) A person may not be charged with an offence under section 107 (breach of requirement imposed on release from custody) after the end of whichever of the following periods ends last—
(a) six months beginning with the date of commission of the offence;
(b) two months beginning with the date the person is apprehended.
(2) Where subsection (1) prohibits the charging of a person with an offence, the power under section 123(2)(c) or 125(2)(c) may not be exercised so as to charge that person with that offence.
60 Time limit for charging offence under section 266
A person may not be charged with an offence under section 266 (failure to comply with financial statement order) after the end of whichever of the following periods ends first—
(a) two years beginning with the date of commission of the offence;
(b) six months beginning with the date the offence becomes known to a member of the Service Prosecuting Authority.
61 Sections 55 to 60: exceptions and interpretation
(1) References in sections 55 to 60 and this section to charging (except the second such reference in section 59(2)) are to charging under any of sections 120 to 122.
(2) Where any of sections 55 to 58 prohibits the charging of a person with an offence, the person may be charged with the offence if the Attorney General consents.
(3) Each of sections 55 to 60 is without prejudice to the rest of those sections.
(4) Nothing in those sections applies in relation to a Reserve Forces Act offence (as defined by section 62).
62 Time limit for charging Reserve Forces Act offences
(1) A person may not be charged with a Reserve Forces Act offence after the end of whichever of the following periods ends last—
(a) six months beginning with the date of commission of the offence;
(b) two months beginning with the date the offence becomes known to the person's commanding officer;
(c) two months beginning with the date the person is apprehended;
(d) if the offence was committed when the person was a relevant reservist, six months beginning with the date he ceases to be a relevant reservist.
(2) If—
(a) the offence was committed when the person was a relevant reservist, and
(b) he ceases to be a relevant reservist after committing it,
the period in subsection (1)(d) is not extended by his (again) becoming a relevant reservist within the six months beginning with the date he so ceased.
(3) In this section—
(a) the reference in subsection (1) to charging is to charging under section 120 or 122;
(b) “Reserve Forces Act offence” means an offence within section 50(2)(h) or (i);
(c) “relevant reservist” means—
(i) a member of a volunteer reserve force; or
(ii) a member of an ex-regular reserve force who is in full-time service service under a commitment entered into under section 24 of the Reserve Forces Act 1996 or subject to an additional duties commitment;
(d) “in full-time service” means in such service under a commitment entered into under section 24 of the Reserve Forces Act 1996 (c. 14).
(4) Where subsection (1) prohibits the charging (as defined by subsection (3)(a)) of a person with an offence, the power under section 123(2)(c) or 125(2)(c) may not be exercised so as to charge that person with that offence.
63 Service proceedings barring subsequent service proceedings
(1) This section applies where a person—
(a) has been convicted or acquitted of a service offence; or
(b) has had a service offence taken into consideration when being sentenced;
and in this section “offence A” means the offence mentioned in paragraph (a) or (b).
(2) The Court Martial may not try that person for an offence (“offence B”) if—
(a) offence B is the same offence in law as offence A, or subsection (3) applies; and
(b) the alleged facts on which the charge in respect of offence B is based are the same, or substantially the same, as those on which the charge in respect of offence A was based.
(3) This subsection applies if—
(a) the person was convicted of offence A, or offence A was taken into consideration, and offence B is an offence all of whose elements are elements of offence A;
(b) the person was acquitted of offence A and offence B is an offence whose elements include all the elements of offence A; or
(c) the person was convicted or acquitted of offence A by the Court Martial or the Service Civilian Court and offence B is an offence of which under section 161 (alternative offences) he could have been convicted on acquittal of offence A.
(4) Where offence A is an offence taken into consideration which was not charged, the reference in subsection (2)(b) to the facts on which the charge in respect of offence A was based is to be read as a reference to the facts on which a charge in respect of offence A would have been based.
(5) Where by reason of this section a person cannot be tried by the Court Martial for an offence—
(a) the Service Civilian Court may not try him for that offence; and
(b) a charge against him in respect of that offence may not be heard summarily by an officer.
64 Service proceedings barring subsequent civilian proceedings
(1) This section applies where a person—
(a) has been convicted or acquitted of an offence under section 42 (criminal conduct); or
(b) has had such an offence taken into consideration when being sentenced.
(2) A civilian court in a relevant territory may not try that person for any offence for which, under the law of that territory, it would be debarred from trying him if he had been convicted or (as the case may be) acquitted by a court in England and Wales of the relevant offence.
(3) “The relevant offence” means the offence under the law of England and Wales which the act (or alleged act) constituting the offence under section 42 amounted to.
(4) Where that act (or alleged act) would amount to an offence under the law of England and Wales if it had been done in England or Wales, for the purposes of subsection (3) it shall be assumed to amount to that offence.
(5) In this section “relevant territory” means—
(a) England and Wales;
(b) Scotland;
(c) Northern Ireland; or
(d) the Isle of Man.
(6) In this section “act” includes an omission and references to the doing of an act are to be read accordingly.
(1) If a direction under section 127(1) or (2) has been made in relation to an offence, the person to whom the direction relates shall be treated—
(a) for the purposes of section 63, and
(b) in the case of a direction under section 127(2), for the purposes of section 64,
as if he had been acquitted of the offence.
(2) The reference in subsection (1)(a) above to section 63 does not include subsection (3)(c) of that section.
(3) For the purposes of sections 63 and 64 a person shall be taken not to have had an offence taken into consideration when being sentenced if the sentence has been quashed.
66 Civilian proceedings barring subsequent service proceedings
(1) The Court Martial may not try a person for an offence under section 42 (criminal conduct) if the act constituting the offence amounts to an offence under the law of England and Wales for which a civilian court in England and Wales would on the ground of autrefois acquit or autrefois convict be debarred from trying him.
(2) The Court Martial may not try a person for a non-criminal service offence (that is, a service offence not under section 42) if—
(a) any act constituting an element of the offence amounts to an offence under the law of England and Wales (“offence X”); and
(b) a civilian court in England and Wales would on the ground of autrefois acquit be debarred from trying the person for offence X.
(3) Where an act constituting—
(a) an offence under section 42, or
(b) an element of a non-criminal service offence,
would amount to an offence under the law of England and Wales if it had been done in England or Wales, it shall be assumed for the purposes of subsection (1) or (2) to amount to that offence.
(4) Where a civilian court (anywhere) has taken an offence into consideration in sentencing a person and the sentence has not been quashed, the person shall be treated for the purposes of subsection (1) as having been convicted by that court of that offence.
(5) Where by reason of this section a person cannot be tried by the Court Martial for an offence—
(a) the Service Civilian Court may not try him for that offence; and
(b) a charge against him in respect of that offence may not be heard summarily by an officer.
(6) This section does not apply in any case where the question whether a person can be tried for an offence (or dealt with summarily for it) is determined by section 63.
(7) In this section “act” includes an omission and references to the doing of an act are to be read accordingly.
(1) A person who is reasonably suspected of being engaged in committing, or of having committed, a service offence may be arrested in accordance with subsection (2), (3), (4) or (5) by a person subject to service law.
(2) An officer may be arrested under subsection (1)—
(a) by an officer of superior rank or, if engaged in a mutiny, quarrel or disorder, by an officer of any rank;
(b) by a service policeman; or
(c) by a person who is lawfully exercising authority on behalf of a provost officer, and who—
(i) is an officer; or
(ii) is acting on the order of an officer.
(3) A person of or below the rank or rate of warrant officer may be arrested under subsection (1)—
(a) by an officer;
(b) by a warrant officer or non-commissioned officer of superior rank or rate;
(c) by a service policeman;
(d) by a person who is lawfully exercising authority on behalf of a provost officer; or
(e) if a member of a ship's company or an embarked force, by a person exercising authority as a member of the staff of the officer of the day.
(4) A civilian subject to service discipline may be arrested under subsection (1)—
(a) by an officer;
(b) by a service policeman; or
(c) by a person who is lawfully exercising authority on behalf of a provost officer.
(5) Where none of subsections (2) to (4) applies in relation to the person to be arrested, that person may be arrested under subsection (1) by a service policeman.
(6) The power of arrest conferred on any person by this section may be exercised—
(a) personally;
(b) by giving orders for the arrest of the person who is to be arrested; or
(c) where that person is subject to service law, by ordering him into arrest.
(1) In section 67(2)(a) the reference to being engaged in a mutiny is a reference to committing an offence under section 6.
(2) For the purposes of section 67(3), a person who—
(a) is suspected of having committed a service offence while a member of Her Majesty's forces, and
(b) is not a member of Her Majesty's forces or a civilian subject to service discipline,
is to be treated in relation to the offence as being of the rank or rate which he held when he was last a member of Her Majesty's forces.
(3) For the purposes of section 67(4), a person who—
(a) is suspected of having committed a service offence while a civilian subject to service discipline, and
(b) is not a member of Her Majesty's forces or a civilian subject to service discipline,
is to be treated in relation to the offence as if he were a civilian subject to service discipline.
(4) Where a person may be charged (within the meaning of section 61(1)) with an offence only with the consent of the Attorney General (see section 61(2)), section 67(1) has effect in relation to the offence as if for the words from “in accordance with” to the end there were substituted “ by a service policeman ” (and as if section 67(2) to (5) were omitted).
69 Power of arrest in anticipation of commission of service offence
(1) A service policeman may arrest a person whom he reasonably suspects of being about to commit a service offence.
(2) Subsection (6) of section 67 applies in relation to the power of arrest conferred by this section as it applies in relation to the power of arrest conferred by that section.
(3) Where a person is arrested under this section—
(a) the arrest must be reported as soon as practicable to his commanding officer; and
(b) he may be kept in service custody until such time as a service policeman is satisfied that the risk of his committing the service offence concerned has passed.
(1) A service policeman may search an arrested person if he has reasonable grounds for believing that the arrested person may present a danger to himself or others.
(2) A service policeman may search an arrested person for anything that is subject to search if he has reasonable grounds for believing that the arrested person may have any such thing concealed on him.
(3) For the purposes of this section a thing is “subject to search” if—
(a) the arrested person might use it to assist him to escape from service custody; or
(b) in the case of an arrest under section 67 or 69, it might be evidence relating to a service offence.
(4) References in this section to an arrested person are to a person arrested under section 67, 69, 110, 111 or 303.
(1) A person (other than a service policeman) who is exercising a power of arrest may search the arrested person if he has reasonable grounds for believing that the arrested person may present a danger to himself or others.
(2) Subsection (4) (power to search arrested person for things subject to search) applies where—
(a) a person (“the arrested person”) is to be or has been arrested by a person other than a service policeman; and
(b) the commanding officer of the arrested person has reasonable grounds for believing that it is likely that that person would—
(i) escape from service custody, or
(ii) conceal, damage, alter or destroy evidence,
if a search for things subject to search could not be carried out before the earliest time by which it would be practicable to obtain the assistance mentioned in subsection (3).
(3) That assistance is—
(a) the assistance of a service policeman; or
(b) in a case where corresponding powers conferred by section 32(2)(a) of PACE or any other enactment are exercisable by a member of a UK police force, the assistance of a member of such a force who is capable of exercising those corresponding powers.
(4) Where this subsection applies, the commanding officer of the arrested person may order or authorise the person exercising the power of arrest to search the arrested person, on or after exercising the power, for anything that is subject to search.
(5) A commanding officer may give an order under subsection (4) only if he has reasonable grounds for believing that the arrested person may have concealed on him anything that is subject to search.
(6) A person authorised under subsection (4) may exercise the power of search conferred by that subsection only if he has reasonable grounds for believing that the arrested person may have concealed on him anything that is subject to search.
(7) Section 70(3) (meaning of things “subject to search”) applies for the purposes of this section.
(8) References in this section to arrest are to arrest under section 67, 110 or 111, and related expressions in this section are to be read accordingly.
(9) The Defence Council may by regulations provide for the delegation by a commanding officer of his functions under this section.
(1) A person exercising the power conferred by section 70(2), or ordered or authorised under section 71(4), may search the arrested person only to the extent that is reasonably required for the purpose of discovering anything that is subject to search (within the meaning of those sections).
(2) Nothing in section 70 or 71 authorises anyone to require an arrested person to remove any of his clothing in public other than an outer coat, jacket, headgear or gloves.
(3) The reference in subsection (2) to headgear does not include headgear worn for religious reasons.
(4) Any power of search conferred by section 70 or 71 authorises the search of the arrested person's mouth.
(1) A person exercising the power conferred by section 70(1) or 71(1) may seize and retain anything he finds, if he has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to any other person.
(2) A person exercising the power conferred by section 70(2), or ordered or authorised under section 71(4), may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing—
(a) that the person searched might use it to assist him to escape from service custody; or
(b) in the case of an arrest under section 67 or 69, that it is evidence of a service offence or has been obtained in consequence of the commission of a service offence.
(3) In subsection (2) “item subject to legal privilege” has the meaning given by section 10 of PACE.
74 Power to make provision conferring power to search premises at which person arrested
The Secretary of State may by order make provision, in relation to premises in which a person was when or immediately before he was arrested under section 67, which is equivalent to that made by any of the provisions of section 32 of PACE which relate to the power to enter and search premises, subject to such modifications as the Secretary of State considers appropriate.
75 Power of service policeman to stop and search persons, vehicles etc
(1) A service policeman may, in the circumstances mentioned in subsection (2) and in a place permitted by section 78, search any of the following for stolen or prohibited articles, controlled drugs , psychoactive substances or Her Majesty's stores—
(a) any person who is, or whom the service policeman has reasonable grounds for believing to be, a person subject to service law or a civilian subject to service discipline;
(b) a service vehicle which is in the charge of any person;
(c) any vehicle which is, or which the service policeman has reasonable grounds for believing to be, in the charge of a person subject to service law or a civilian subject to service discipline;
(d) anything which is in or on a service vehicle or a vehicle within paragraph (c).
(2) The circumstances are that the service policeman has reasonable grounds for suspecting—
(a) that the search will reveal stolen or prohibited articles;
(b) that the search will reveal Her Majesty's stores that have been unlawfully obtained;
(c) in the case of the search of a person, that—
(i) the person is in possession of a controlled drug in circumstances in which he commits an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under the Misuse of Drugs Act 1971, or
(ii) the person is in possession of a psychoactive substance in circumstances in which he commits an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under the Psychoactive Substances Act 2016; or
(d) in the case of the search of a vehicle, that—
(i) the search will reveal a controlled drug that is in a person's possession in the circumstances mentioned in paragraph (c)(i), or
(ii) the search will reveal a psychoactive substance that is in a person's possession in the circumstances mentioned in paragraph (c)(ii).
(3) A service policeman may detain for the purposes of a search under subsection (1)—
(a) any person who is, or whom the service policeman has reasonable grounds for believing to be, a person subject to service law or a civilian subject to service discipline;
(b) any person in charge of a service vehicle;
(c) any service vehicle; and
(d) any vehicle within subsection (1)(c).
(4) A service policeman may seize any article that he discovers in the course of a search under subsection (1) and that he has reasonable grounds for suspecting to be—
(a) a stolen or prohibited article;
(b) evidence of an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under the Misuse of Drugs Act 1971; ...
(ba) evidence of an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under the Psychoactive Substances Act 2016; or
(c) any of Her Majesty's stores that have been unlawfully obtained.
76 Stop and search by persons other than service policemen
(1) An officer may order or authorise a person subject to service law (other than a service policeman)—
(a) to search, in a place permitted by section 78—
(i) a person within subsection (2),
(ii) a vehicle in the charge of such a person, or
(iii) anything which is in or on such a vehicle,
for stolen or prohibited articles, controlled drugs , psychoactive substances or Her Majesty's stores;
(b) to detain such a person or vehicle for the purposes of such a search; and
(c) to seize any article that he discovers in the course of such a search and that he has reasonable grounds for suspecting to be an article within section 75(4)(a) to (c);
but this is subject to subsections (3) to (7).
(2) A person is within this subsection if he is—
(a) a person subject to service law whose commanding officer is the officer mentioned in subsection (1);
(b) a civilian subject to service discipline whose commanding officer is that officer;
(c) a person whom—
(i) that officer (in the case of an order under subsection (1)), or
(ii) the authorised person (in the case of an authorisation under that subsection),
has reasonable grounds for believing to be a person within paragraph (a) or (b).
(3) An order under subsection (1) may be given only in relation to a particular person or vehicle.
(4) An officer may give an order under subsection (1) only in the circumstances mentioned in section 75(2) (references to the service policeman being read as references to the officer).
(5) A person authorised under subsection (1) may exercise the power of search conferred by virtue of that subsection only in the circumstances mentioned in section 75(2) (references to the service policeman being read as references to the authorised person).
(6) An officer may give an order or authorisation under subsection (1) only if he has reasonable grounds for believing that it is likely that—
(a) an offence under section 42 would be committed, or
(b) a person who has committed such an offence would avoid apprehension,
if the powers conferred by this section could not be exercised before the earliest time by which it would be practicable to obtain the assistance mentioned in subsection (7).
(7) That assistance is—
(a) the assistance of a service policeman; or
(b) in a case where corresponding powers conferred by section 1 of PACE or any other enactment are exercisable by a member of a UK police force, the assistance of a member of such a force who is capable of exercising those corresponding powers.
(1) Subsections (2) to (6) apply for the purposes of sections 75 and 76.
(2) “Controlled drug” has the meaning given by section 2 of the Misuse of Drugs Act 1971 (c. 38).
(3) “Her Majesty's stores” has the same meaning as in the Public Stores Act 1875 (c. 25).
(4) “Prohibited article” means—
(a) an offensive weapon, other than one in the possession of a person who is permitted to have it in his possession for the purposes of any of Her Majesty's forces;
(b) an article made or adapted for use in the course of or in connection with an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence mentioned in subsection (8); or
(c) an article intended by the person having it with him for such use by him or by some other person.
(4A) Psychoactive substance” has the meaning given by section 2(1) of the Psychoactive Substances Act 2016.
(5) “Service vehicle” means a vehicle which—
(a) belongs to any of Her Majesty's forces; or
(b) is in use for the purposes of any of those forces.
(6) “Stolen”, in relation to an article, has the same meaning as it has by virtue of section 24 of the Theft Act 1968 (c. 60) in the provisions of that Act relating to goods which have been stolen.
(7) In subsection (4)(a) “offensive weapon” means any article—
(a) made or adapted for use for causing injury to persons; or
(b) intended by the person having it with him for such use by him or by some other person.
(8) The offences referred to in subsection (4)(b) are—
(a) an offence under section 1 of the Theft Act 1968 (theft);
(b) an offence under section 9 of that Act (burglary);
(c) an offence under section 12 of that Act (taking vehicle etc without consent);
(d) an offence under section 1 of the Criminal Damage Act 1971 (c. 48) (destroying or damaging property);
(e) an offence under section 1 of the Fraud Act 2006 (fraud).
(9) The reference in subsection (4)(b) to an offence under section 42 includes an act or omission which would constitute such an offence if done or made by a person subject to service law.
78 Places in which powers under sections 75 and 76 may be exercised
The powers conferred by sections 75 and 76 may be exercised only in—
(a) any place to which (at the time of exercise of the power) the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission;
(b) any other place to which people have ready access (at the time of exercise of the power) but which is not a dwelling or service living accommodation; and
(c) any premises which (at the time of exercise of the power) are permanently or temporarily occupied or controlled for the purposes of any of Her Majesty's forces but are not service living accommodation.