40 Detention for army and air-force offences: limitation of total period.
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Armed Forces Act 1971
United Kingdom · statute
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In force since 2012-10-01, 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.
sha256 c88c9880d0ab56416e717edc48c57dd4689f86d58a596cdebab1e5e7cbdeffc5
Contents: 83 provisions
- Title and introductory text
- 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 2 Misconduct in action, assisting the enemy, obstructing operations, etc.
- 3 Prize offences.
- 4 Offences by or in relation to sentries, persons on watch etc.
- 5 Failure to attend for duty, neglect of duty etc.
- 6 Looting
- 7 Mutiny
- 8 Insurbodinate behaviour, and disobedience to lawful commands.
- 9 Obstruction of provost officers etc.
- 10 Disobedience to standing orders etc.
- 11 Desertion.
- 12 Absence without leave.
- 13 Failure to report or apprehend deserters or absentees.
- 14 Malingering.
- 15 Drunkeness.
- 16 Disorderly conduct.
- 17 Service etc. property: damage, loss, misapplication and waste.
- 18 Billeting offences.
- 19 Loss or hazarding of ship.
- 20 Inaccurate certification of ships and aircraft.
- 21 Low flying and annoyance by flying.
- 22 Permitting escape, resisting arrest, and escaping.
- 23 Offences in relation to courts-martial.
- 24 Unauthorised disclosure of information.
- 25 False statements on entry into Royal Navy.
- 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 27 Offences against civilian population.
- 28 Offences against morale.
- 29 Scandalous conduct by officers.
- 30 Ill-treatment of persons of inferior rank etc.
- 31 Disgraceful conduct.
- 32 Attempts, aiding and abetting etc., and inciting.
- 33 Conduct to the prejudice of service discipline.
- 34 Civil offences.
- 35 Abolition of certain offences.
- 36 Punishments for army and air-force offences dealt with courts-martial.
- 37 Punishments for army and air-force offences dealt with summarily.
- 38 Punishments for naval offences.
- 39 Imprisonment and detention: consecutive terms.
- 40 Detention for army and air-force offences: limitation of total period.
- 41 Time for trial of offences under s. 42 of Naval Discipline Act 1957.
- 42 Naval offences by civilians.
- 43 Consequential and minor, amendments.
- 44 Arrest by civil authorities.
- 45 Exclusion of enactments requiring fiat of Attorney General etc. in connection with proceedings.
- 46 Extension of powers of “higher authority” with respect to army and air-force charges.
- 47 Amendments as to summary trial for naval offences.
- 48 Amendments as to convening or ordering of court-martial.
- 49 Amendments as to procedure of courts-martial, and evidence in naval disciplinary courts.
- 50 Army and air force courts-martial: amendments as to revision and confirmation of findings.
- 51 Naval findings and sentences: amendments as to reviewing authorities.
- 52 Countries for serving of naval sentences of imprisonment and detention.
- 53 Commencment of naval sentences of imprisonment and detention.
- 54 Remission of sentences of imprisonment and detention.
- 55 Amendment of Naval Discipline Act 1957 as respects effect of taking offences into consideration.
- 56 Amendments as to deserters and absentees without leave.
- 57 Addition to Naval Discipline Act 1957 of provisions as to proof of proceedings.
- 58 Fees for copies of proceedings of army and air-force courts-martial.
- 59 Army and air force : new provisions for deductions in respect of judgement debts etc.
- 60 Navy: amendments as to forefeitures for illegal absence.
- 61 Navy: new provisions as to forfeitures and deductions generally, and as to deductions for civil penalties, judgement debts etc.
- 62 Amendments of provisions as to service of process in maitenance proceedings.
- 63 Minimum age for enlistment or entry without parental etc. consent.
- 64 Purchase of discharge from army and air force.
- 65 Forefeiture of service for naval deserters.
- 66 Redress of complaints.
- 67 Naval billeting and requisitioning.
- 68 Reductions in rank under Army Act 1955 and Air Force Act 1955.
- 69
- 70 Taking of affidavits and declarations abroad.
- 71 Addition to Naval Discipline Act 1957 of provision indemnifying prison officers etc.
- 72 Application of Army Act 1955 and Air Force Act 1955 to passengers in H.M. ships and aircraft.
- 73 Appeal against sentence by civilians.
- 74 Meaning of “active service” in Naval Discipline Act 1957.
- 75 Amendments for introducing naval rate, and marine rank, of warrant officer.
- 76 Sufficency of evidence in Scottish courts.
- 77 Repeals and transitional provisions.
- 78 Short title, construction and commencement.
- SCHEDULE 1 AMENDMENTS ARISING FROM PART II OF THIS ACT
- Schedule 2 AMENDMENTS ABOUT APPEALS AGAINST SENTENCE
- Schedule 3 AMENDMENTS FOR INTRODUCING NAVAL RATE, AND MARINE RANK, OF WARRANT OFFICER
- SCHEDULE 4 Repeals
Proposed changes to this act
No one has proposed a change to this act yet.
83 provisions
41 Time for trial of offences under s. 42 of Naval Discipline Act 1957.
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Propose a change42 Naval offences by civilians.
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Propose a change43 Consequential and minor, amendments.
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Propose a change44 Arrest by civil authorities.
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Propose a change45 Exclusion of enactments requiring fiat of Attorney General etc. in connection with proceedings.
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Propose a change46 Extension of powers of “higher authority” with respect to army and air-force charges.
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Propose a change47 Amendments as to summary trial for naval offences.
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Propose a change48 Amendments as to convening or ordering of court-martial.
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Propose a change49 Amendments as to procedure of courts-martial, and evidence in naval disciplinary courts.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Section 6(1) of the Criminal Evidence Act 1898 (which applies that Act to all criminal proceedings, including proceedings in courts-martial) shall be amended by inserting after the words “courts-martial” the words “under the Army Act 1955 and the Air Force Act 1955, and proceedings in courts-martial and disciplinary courts under the Naval Discipline Act 1957”.
Propose a change50 Army and air force courts-martial: amendments as to revision and confirmation of findings.
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Propose a change51 Naval findings and sentences: amendments as to reviewing authorities.
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Propose a change52 Countries for serving of naval sentences of imprisonment and detention.
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Propose a change53 Commencment of naval sentences of imprisonment and detention.
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Propose a change54 Remission of sentences of imprisonment and detention.
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Propose a change55 Amendment of Naval Discipline Act 1957 as respects effect of taking offences into consideration.
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Propose a change56 Amendments as to deserters and absentees without leave.
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Propose a change57 Addition to Naval Discipline Act 1957 of provisions as to proof of proceedings.
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Propose a change58 Fees for copies of proceedings of army and air-force courts-martial.
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Propose a change59 Army and air force : new provisions for deductions in respect of judgement debts etc.
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Propose a change60 Navy: amendments as to forefeitures for illegal absence.
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Propose a change61 Navy: new provisions as to forfeitures and deductions generally, and as to deductions for civil penalties, judgement debts etc.
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Propose a change62 Amendments of provisions as to service of process in maitenance proceedings.
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Propose a change63 Minimum age for enlistment or entry without parental etc. consent.
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Propose a change64 Purchase of discharge from army and air force.
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Propose a change65 Forefeiture of service for naval deserters.
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Propose a change66 Redress of complaints.
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Propose a change67 Naval billeting and requisitioning.
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Propose a change68 Reductions in rank under Army Act 1955 and Air Force Act 1955.
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Propose a change69
(1),(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change70 Taking of affidavits and declarations abroad.
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Propose a change71 Addition to Naval Discipline Act 1957 of provision indemnifying prison officers etc.
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Propose a change72 Application of Army Act 1955 and Air Force Act 1955 to passengers in H.M. ships and aircraft.
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Propose a change73 Appeal against sentence by civilians.
(1) The Courts-Martial (Appeals) Act 1968 (under which appeals to the Courts-Martial Appeal Court are confined to appeals against conviction) shall be amended in accordance with subsections (2) and (3) below. (2) In section 8— (a) at the end of subsection (1) (which confers the right of appeal) there shall be added the words “and, if he was a civilian (as defined in subsection (5) below) both at the time of his conviction and when the offence was committed, may also with the leave of the Court appeal against his sentence, unless it is one fixed by law”, and (b) the following subsection shall be added after subsection (4)— (5) In this section “civilian” means any person who is not subject to service law (meaning military law, air-force law and the Naval Discipline Act) and any person within section 208A or 209 of the Army Act, section 208A or 209 of the Air Force Act or section 117 or 118 of the Naval Discipline Act (which apply certain provisions of those Acts to passengers in Her Majesty’s ships and aircraft, persons employed by or accompanying Her Majesty’s forces, families of members of those forces etc.). (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The provisions of Schedule 2 to this Act shall have effect, being provisions making in the said Act of 1968 and the other enactments there specified amendments consequential on, or otherwise connected with, the preceding provisions of this section.
Propose a change74 Meaning of “active service” in Naval Discipline Act 1957.
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Propose a change75 Amendments for introducing naval rate, and marine rank, of warrant officer.
The enactments specified in Schedule 3 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments connected with the introduction of the naval rate, and the marine rank, of warrant officer.
Propose a change76 Sufficency of evidence in Scottish courts.
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Propose a change77 Repeals and transitional provisions.
(1) The enactments specified in Schedule 4 to this Act (Part II of which includes certain enactments which are spent) are hereby repealed to the extent specified in column 3 of that Schedule. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change78 Short title, construction and commencement.
(1) This Act may be cited as the Armed Forces Act 1971. (2) Except so far as the context otherwise requires, any reference in this Act to any other enactment is a reference to that enactment as amended by or under any subsequent enactment, including an enactment contained in this Act. (3) This Act, except section 1 and this section, shall come into force on such date as the Secretary of State may by order made by statutory instrument appoint, but subject to the qualifications specified in subsection (4) below. (4) The said qualifications are as follows:— (a) the following provisions of this Act, that is to say, Part II, section 69, Schedule 1 and Part I of Schedule 4, shall not have effect in relation to any act or omission occurring before the date appointed under subsection (3) above, and, in particular, shall not affect the operation of any enactment in force immediately before that date in relation to any offence against any such enactment committed, or partly committed, before that date; (b) the provisions to become sections 128B and 128C of the Naval Discipline Act 1957 by virtue of section 61(1) of this Act shall apply only to sums payable under sentences and orders awarded or made in respect of offences committed on or after the date appointed under subsection (3) above, or, as the case may be, to loss or damage occasioned by acts and omissions occurring on or after that date; (c) the provision to become section 129D of the Naval Discipline Act 1957 by virtue of section 65 of this Act shall apply only to desertions beginning on or after the date appointed under subsection (3) above, and the amendment of section 75(1) of that Act effected by section 60 of this Act and Part II of Schedule 4 shall have effect only in relation to absences so beginning. (5) Section 59 of this Act, the provision to become section 128E of the Naval Discipline Act 1957 by virtue of section 61(1) of this Act, and section 61(2) of this Act, shall each apply to liabilities arising before, as well as after, the date appointed under subsection (3) above.
Propose a changeSCHEDULE 1 AMENDMENTS ARISING FROM PART II OF THIS ACT
Section 43.
Propose a change