Armed Forces Act 2001 (c. 19)

(The document as of February, 2008)

-- Back --

Page 7

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8

(a) under this section,

(b) under section 135 of the Air Force Act 1955, or

shall not be admissible against any person in proceedings before a court-martial, commanding officer or appropriate superior authority, other than proceedings for an offence against section 70 of this Act where the corresponding civil offence is perjury. "

38 In section 135 of the Air Force Act 1955 (c. 19) (boards of inquiry), for subsection (5) there is substituted--

" (5) Evidence given before a board of inquiry convened--

(a) under this section,

(b) under section 135 of the Army Act 1955, or

Compensation for loss

39 In subsection (2) of section 147 of each of the 1955 Acts (compensation for loss occasioned by wrongful act or negligence), for the words from "may order" to "made)" there is substituted "may, at a time when the person responsible is a member of the regular forces, order him".

40 In subsection (2) of section 128C of the 1957 Act (compensation for loss occasioned by wrongful act or negligence), for the words from "may order" to "made)" there is substituted "may, at a time when the person responsible is subject to this Act, order him".

Redress of complaints

41 In section 180 of each of the 1955 Acts (redress of complaints) for subsection (2) there is substituted--

" (2) A person ("the person aggrieved") may not make a complaint under this section with respect to--

(a) any decision of a judicial officer or judge advocate under section 75C, 75F, 75G, 75H, 75J or 75K of this Act,

(b) any decision of a judicial officer under Part 2 of the Armed Forces Act 2001,

(d) any matter against which the person aggrieved may bring an appeal under section 83ZE of this Act or under the Courts-Martial (Appeals) Act 1968. "

42 In section 130 of the 1957 Act (redress of complaints) for subsection (2) there is substituted--

" (2) A person ("the person aggrieved") may not make a complaint under this section with respect to--

(a) any decision of a judicial officer or judge advocate under section 47D, 47G, 47H, 47J, 47K and 47L of this Act,

(b) any decision of a judicial officer under Part 2 of the Armed Forces Act 2001,

(d) any matter against which he may bring an appeal under section 52FK of this Act or under the Courts-Martial (Appeals) Act 1968. "

43 In paragraph 9 of Schedule 6 to each of the 1955 Acts (provisions not applying to attached members of other services), the words "and one hundred and eighty" are omitted.

Civilian contractors attached to or accompanying armed forces

44 In Schedule 5 to each of the 1955 Acts (which lists civilians who are subject to Part 2 of the Act when outside the United Kingdom), in paragraph 4--

(a) after "profession" there is inserted ", business", and

(b) at the end there is inserted "or by an officer authorised by the Defence Council".

45 In Schedule 3 to the 1957 Act (which lists civilians who are subject to certain provisions of the Act when outside the United Kingdom), in paragraph 4--

(a) after "profession" there is inserted ", business", and

(b) at the end there is inserted "or by an officer authorised by the Defence Council".

Interpretation of references to "Royal Air Force Police"

46 In section 225(1) of the Army Act 1955 (c. 18) and section 135(1) of the 1957 Act (interpretation), after the definition of "the relevant time" there is inserted--

" "the Royal Air Force Police" includes the Provost Marshal of the Royal Air Force and any officer appointed to exercise the functions conferred by or under the Air Force Act 1955 on provost officers; " .

47 In section 223(1) of the Air Force Act 1955 (c. 19) (interpretation) after the definition of "the relevant time" there is inserted--

" "the Royal Air Force Police" includes the Provost Marshal of the Royal Air Force and any officer appointed to exercise the functions conferred by or under this Act on provost officers; " .

48 In subsection (4) of section 11 of the Armed Forces Act 1996 (c. 46) (which relates to the interpretation of that section)--

(a) after the definition of "fingerprints" there is inserted--

(b) in the definition of "service policeman", for ", the Royal Air Force Police or the staff of the Royal Air Force Provost Marshal" there is substituted "or the Royal Air Force Police".

Interpretation of references to a "constable"

49 At the end of the definition of "constable" in each of the following provisions--

(a) section 225(1) of the Army Act 1955 (c. 18) ,

(b) section 223(1) of the Air Force Act 1955 (c. 19), and

there is inserted "but does not include a provost officer or a person exercising authority under or on behalf of a provost officer".

Application to civilians

50 (1) Section 209 of each of the 1955 Acts (application of Act to civilians) is amended as follows.

(2) In paragraphs (a) and (b) of the proviso to subsection (2), for "section 68 so far as it relates" there is substituted "sections 68 and 68A so far as they relate".

(3) In subsection (3)(f), for "the provisions of this Act relating to custody and the investigation of offences" there is substituted "Part 2 of this Act".

(4) Subsection (3C) is omitted.

51 In Schedule 4 to the 1957 Act (application of Act to civilians), paragraph 4B is omitted.

52 In paragraph 4 of Schedule 5A to each of the 1955 Acts (community supervision orders) after sub-paragraph (7D) there is inserted--

" (7E) Section 132(3) of this Act (as applied to civilians by section 209 of this Act) does not apply in relation to an offence under sub-paragraph (6) above. "

53 In paragraph 4 of Schedule 4A to the 1957 Act (community supervision orders) after sub-paragraph (7D) there is inserted--

" (7E) Section 52(2) of this Act (as applied to civilians by section 118 of this Act) does not apply in relation to an offence under sub-paragraph (6) above. "

Arrest of civilian whose sentence is deferred

54 In paragraph 2A of Schedule 5A to each of the 1955 Acts (deferment of award of sentence)--

(a) in sub-paragraph (8) for "the Court or the directing officer" there is substituted "a magistrate appointed under section 6(4) of the Armed Forces Act 1976",

(b) in sub-paragraph (9)--

(i) for "subject to service law" there is substituted "a person to whom Part 2 of this Act is applied by section 209 above", and

(ii) in paragraph (b), for "the directing officer or by any superior officer or authority" there is substituted "a magistrate appointed under section 6(4) of the Armed Forces Act 1976",

(c) in sub-paragraph (10) for the words "the Standing Civilian Court or directing officer" there is substituted "the magistrate", and

(d) sub-paragraph (13) is omitted.

Right of appeal to Courts-Martial Appeal Court

55 (1) Section 8 of the Courts-Martial (Appeals) Act 1968 (c. 20) (right of appeal) is amended as follows.

(2) In subsection (1A), for "any of those Schedules" there is substituted "Schedule 5A to the Army Act, Schedule 5A to the Air Force Act or Schedule 4A to the Naval Discipline Act".

(3) For subsections (2) and (3) there is substituted--

" (2) Subject to subsection (3) below, the person's right of appeal is not exercisable--

(a) unless he has presented a petition to the Defence Council under section 113 of the Army Act or the Air Force Act or section 70 of the Naval Discipline Act within the period prescribed for the purposes of the section in question, and

(b) until either the prescribed period (beginning with the day on which the petition is presented) expires or he is notified by the reviewing authority of the result of its review under the section in question, whichever first occurs.

(3) The Appeal Court may direct that a person who--

(a) has not presented a petition as mentioned in subsection (2)(a) above,

(b) has been notified by the reviewing authority of the result of its review under section 113 of the Army Act or the Air Force Act or section 70 of the Naval Discipline Act, and

may appeal if they think that there is a reasonable explanation for his not having exercised his right to present a petition and that it is in the interests of justice that he should appeal. "

(4) In subsection (4) for "subsection (1)" there is substituted "subsection (2)".

56 In section 36(1)(a) of that Act (functions of Courts-Martial Appeal Court which are exercisable by any judge of that court) for "be treated as not having lost his right of" there is substituted "may".

Children in respect of whom protective orders may be made

57 In section 17 of the Armed Forces Act 1991 (c. 62) (power to make service family child assessment orders), for subsections (1) and (2) there is substituted--

" (1) The power to make an order under this section (in this Part of this Act referred to as an "assessment order") is exercisable only with respect to a child who--

(a) resides outside the British Islands with the family of a person subject to service law serving in a country or territory outside the British Islands or of a civilian in a corresponding position, or

(b) is staying (for however short a time) outside the British Islands with such a family.

(2) In the following provisions of this section and in section 18 of this Act, any reference to a person with whom a child was at any time residing includes a reference to a person with whom a child was staying. "

58 In section 19 of that Act (power to make orders for the emergency protection of children of service families) for subsections (1) and (2) there is substituted--

" (1) The power to make an order under this section (in this Part of this Act referred to as a "protection order") is exercisable only with respect to a child who--

(b) is staying (for however short a time) outside the British Islands with such a family.

(2) In the following provisions of this Part, any reference to a person with whom a child was at any time residing includes a reference to a person with whom a child was staying. "

Amendment relating to abolition of naval disciplinary courts

59 In section 5 of the Sex Offenders Act 1997 (c. 51) (certificates for purposes of Part 1 of that Act) for subsection (6) there is substituted--

" (6) In this section "court" includes a court-martial and a Standing Civilian Court. "

Section 38

SCHEDULE 7 Repeals

Part 1 Repeals relating to abolition of naval disciplinary courts

Short title and chapter	Extent of repeal
The Criminal Evidence Act 1898 (c. 36)	In section 6(1), the words "and disciplinary courts".
The Army Act 1955 (c. 18)	In section 57(3), the words "or disciplinary court".
The Air Force Act 1955 (c. 19)	In section 57(3), the words "or disciplinary court".
The Naval Discipline Act 1957 (c. 53)	In section 38(2), the words "and to a disciplinary court". Section 52C(5). Section 52G. Section 65(4). Section 70(7). In section 73, the words "and disciplinary courts". In section 76(6)(a), the words "or disciplinary court". In section 77(1), the words "or disciplinary court". In section 95(2), the words "and to disciplinary courts". In section 129(1), the words "or disciplinary court", in both places where they occur. In Schedule 5, in the entries relating to section 57 of the Army Act 1955 and section 57 of the Air Force Act 1955, the words from "after the word" to "court", and".
The Courts-Martial (Appeals) Act 1968 (c. 20)	In section 57(1), in the definition of "naval court-martial", the words ", and includes a disciplinary court".
The Civil Evidence Act 1968 (c. 64)	In section 11(6), the words from "or a disciplinary" to "Act of 1957".
The Civil Evidence Act (Northern Ireland) 1971 (c. 36 (N.I.))	In section 7(6), the words from "or a disciplinary" to "Act of 1957" and the words "disciplinary court".
The Police and Criminal Evidence Act 1984 (c. 60)	In section 67(12)(a), the words from "or a disciplinary" to "1957". In section 82(1), in the definition of "court-martial", the words from "or a disciplinary" to "Act of 1957". In section 113(11)(a), the words from "or a disciplinary" to "Act of 1957".
The Criminal Justice Act 1988 (c. 33)	In section 146, the words from "disciplinary" to "1957,". In Schedule 13, in paragraph 1, in paragraph (b) of the definition of "Service courts", the words from "and disciplinary" to "that Act" and in paragraph 7(b) the words from "or disciplinary" to "that Act".
The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))	In Article 66(11)(a), the words from "or a disciplinary" to "1957". In Article 70(2)(b), head (ii) and the word "or" immediately preceding it.
The Criminal Justice and Public Order Act 1994 (c. 33)	Section 39(2)(g).
The Northern Ireland (Emergency Provisions) Act 1996 (c. 22)	In section 54(9), in the definition of "criminal proceedings", the words from "or a disciplinary" to "1957 Act".
The Armed Forces Act 1996 (c. 46)	In section 11(4), paragraph (b) of the definition of "service disciplinary proceedings". In Schedule 1, paragraphs 100, 105, 108, 109(2)(c) and (4)(a) and 111.
The Police Act 1997 (c. 50)	In section 108(1), in paragraph (a) of the definition of "criminal proceedings" the words from "or a disciplinary" to "Act of 1957".
The Youth Justice and Criminal Evidence Act 1999 (c. 23)	In section 63(1), in paragraph (a) of the definition of "service court", the words from "or a disciplinary" to the end.
The Terrorism Act 2000 (c. 11)	In section 101(9), in the definition of "criminal proceedings", the words from "or a disciplinary" to "1957 Act".
The Regulation of Investigatory Powers Act 2000 (c. 23)	In section 81(4)(a), sub-paragraph (ii) and the word "or" immediately preceding it.
The Freedom of Information Act 2000 (c. 36)	In section 30(5), in paragraph (a) of the definition of "criminal proceedings", the words from "or a disciplinary" to "of 1957".

Part 2 Repeals relating to required custodial sentences

Short title and chapter

Extent of repeal

The Crime (Sentences) Act 1997 (c. 43)

Section 55(2).

In Schedule 4, paragraphs 1(1) and (4), 2(1) and (4) and 3(1) and (4).

The Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

In Schedule 9, paragraphs 8, 13 and 18.

Part 3 Repeals relating to abolition of office of Deputy Judge Advocate

Short title and chapter

Extent of repeal

The Courts-Martial (Appeals) Act 1951 (c. 46)

In section 30(1)(b), the words ", and such number of officers to be known as Deputy Judge Advocates," and the words "in each case".

In section 31--

(a)

in subsection (2), paragraph (d) and the word "or" which precedes it, and

(b)

subsection (3).

The Courts and Legal Services Act 1990 (c. 41)

In Schedule 11, in the entry relating to an Assistant or Deputy Judge Advocate General, the words "or Deputy".

The Judicial Pensions and Retirement Act 1993 (c. 8)

In section 27(3), paragraph (f).

Part 4 Repeals consequential on Human Rights Act 1998

Short title and chapter

Extent of repeal

The Army Act 1955 (c. 18)

In section 31, subsection (1) and, in subsection (2), the words ", in a case not falling within the last foregoing subsection".

In section 68, the proviso.

In section 70(3), paragraph (a).

In section 71(1), paragraph (a).

In section 71A(3), the words from ", nor shall sentence of death" to "when the offence was committed".

In section 85(2), the words "of death or".

In section 96, subsections (3) and (4).

Section 112.

Section 113(6).

Section 121.

In section 123--

In section 85(2), the words "of death or".--cont.

(a)

in subsection (1), the words "Regulations under section one hundred and twenty-one of this Act or" and the words "regulations or", and

(b)

in subsection (2), the words "regulations or".

In section 125--

(a)

in subsection (1), the words "death or" and the words "regulations under section one hundred and twenty-one of this Act or of", and

(b)

subsection (2).

In section 126--

(a)

in subsection (1), the words from "sentences of death" to "authorities and", and

(b)

in subsection (3), the words "no sentence of death passed by a court-martial shall be executed, and".

Section 128(1).

In section 129 (1) the words--

(a)

"regulations under section one hundred and twenty-one of this Act or",

(b)

"regulations or", and

(c)

"execution of the sentence is completed or".

In section 209(3)(a)(i), after the word "paragraphs", the letter "(a),".

Section 214(3).

Section 215(4).

In Schedule 5A--

(a)

in the Table at paragraph 15, the first entry in each of the first and second columns, and

(b)

in the Note to the Table, the words from the "or" at the end of paragraph (a) to "first and second columns, and".

The Air Force Act 1955 (c. 19)

In section 31, subsection (1) and, in subsection (2), the words ", in a case not falling within the last foregoing subsection".

In section 68, the proviso.

In section 70(3), paragraph (a).

In section 71(1), paragraph (a).

In section 71A(3), the words from ", nor shall sentence of death" to "when the offence was committed".

In section 85(2), the words "of death or".

In section 96, subsections (3) and (4).

Section 112.

Section 113(6).

Section 121.

In section 123--

(a)

in subsection (1), the words "Regulations under section one hundred and twenty-one of this Act or" and the words "regulations or", and

(b)

in subsection (2), the words "regulations or".

In section 125--

(a)

in subsection (1), the words "death or" and the words "regulations under section one hundred and twenty-one of this Act or of", and

(b)

subsection (2).

In section 126--

(a)

in subsection (1), the words from "sentences of death" to "those authorities and", and

(b)

in subsection (3), the words "no sentence of death passed by a court-martial shall be executed, and".

Section 128(1).

In section 129 (1) the words--

(a)

"regulations under section one hundred and twenty-one of this Act or",

(b)

"regulations or", and

(c)

"execution of the sentence is completed or".

In section 209(3)(a)(i), after the word "paragraphs", the letter "(a),".

Section 212(3).

Section 213(4).

In Schedule 5A--

(a)

in the Table at paragraph 15, the first entry in each of the first and second columns, and

(b)

in the Note to the Table, the words from the "or" at the end of paragraph (a) to "first and second columns, and".

The Naval Discipline Act 1957 (c. 53)

In section 9, subsection (1) and, in subsection (2), the words "not described in the foregoing subsection".

In section 10, the words from ", if the offence is committed" to "in any other case,".

In section 40, the proviso to the section.

In section 42(1), paragraph (a).

In section 43(1), paragraph (a).

In section 43A(3), the words from "nor shall sentence of death" to "when the offence was committed".

In section 62, subsections (4) and (5).

Section 70(6).

Sections 78 to 80.

Section 123(4).

Section 124(2).

In section 125(2), the words "80 and".

In Schedule 4A--

(a)

in the Table at paragraph 15, the first entry in each of the first and second columns, and

(b)

in the Note to the Table, the words from the "or" at the end of paragraph (a) to "first and second columns, and".

Part 5 Repeals consequential on Youth Justice and Criminal Evidence Act 1999

Short title and chapter	Extent of repeal
The Army Act 1955 (c. 18)	Section 200A.
The Air Force Act 1955 (c. 19)	Section 200A.
The Courts-Martial (Appeals) Act 1968 (c. 20)	Section 37A.
The Armed Forces Act 1976 (c. 52)	In Schedule 3, paragraph 17A.
The Police and Criminal Evidence Act 1984 (c. 60)	In Schedule 6, paragraphs 28(4), 29(4), 34 and 36.

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8

-- Back --

Stat