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

39 Attempts

(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.

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40 Encouraging and assisting

(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.

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41 Aiding, abetting, counselling or procuring

(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.

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42 Criminal conduct

(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.

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43 Attempting criminal conduct

(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.

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44 Trial of section 42 offence of attempt

(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.

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45 Conspiring to commit criminal conduct

(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.

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46 Encouraging or assisting criminal conduct

(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.

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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.

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48 Provision supplementary to sections 43 to 47

(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.

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49 Air Navigation Order offences

(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.

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50 Jurisdiction of the Court Martial

(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.

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51 Jurisdiction of the Service Civilian Court

(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).

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52 Charges capable of being heard summarily

(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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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).

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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.

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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.

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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.

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65 Sections 63 and 64: supplementary

(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.

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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.

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67 Power of arrest for service offence

(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.

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68 Section 67: supplementary

(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).

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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.

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70 Search by service policeman upon arrest

(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.

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71 Search by other persons upon arrest

(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.

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72 Sections 70 and 71: supplementary

(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.

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73 Seizure and retention after search upon arrest

(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.

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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.

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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.

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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.

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77 Sections 75 and 76: definitions

(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.

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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.

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