Armed Forces Act 2006 (c. 52)

(The document as of February, 2008)

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(7) A person guilty of an offence under this section is liable--

(a) on summary conviction, to imprisonment for a term not exceeding the relevant maximum or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

(8) In subsection (7) "the relevant maximum" is--

(a) in relation to England and Wales, 12 months;

(b) otherwise, 6 months.

346 Obstructing persons subject to service law in course of duty

(1) A person commits an offence if--

(a) he intentionally obstructs a person ("B");

(b) B is a person subject to service law acting in the course of his duty; and

(2) Subsection (1) applies to anything done in--

(a) the United Kingdom;

(b) the Isle of Man; or

(3) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the relevant maximum, or to a fine not exceeding level 3 on the standard scale, or to both.

(4) In subsection (3) "the relevant maximum" is--

(a) in relation to England and Wales, 51 weeks;

(b) otherwise, 6 months.

347 Sections 344 to 346: supplementary provisions

(1) If an offence under section 344 or 345 is committed in a British overseas territory--

(a) proceedings may be taken, and

(b) the offence may for incidental purposes be treated as having been committed,

in any place in the United Kingdom or the Isle of Man (without prejudice to the right to take proceedings in that British overseas territory).

(2) If an offence under section 344 or 345 is committed otherwise than in the United Kingdom, the Isle of Man or a British overseas territory--

(a) proceedings may be taken, and

(b) the offence may for incidental purposes be treated as having been committed,

in any place in the United Kingdom, the Isle of Man or a British overseas territory.

(3) In sections 344 and 345 a "United Kingdom national" means an individual who is--

(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;

(b) a person who under the British Nationality Act 1981 (c. 61) is a British subject; or

(4) In sections 344 to 346 any reference to a person knowing or having reasonable cause to believe that another person is subject to service law is a reference to--

(a) his knowing the circumstances by virtue of which that other person is subject to service law; or

(b) (as the case may be) his having reasonable cause to believe that those circumstances exist.

348 British overseas territories: references to maximum penalties

(1) This section applies in relation to any provision of--

(a) section 344, 345 or 346, or

(b) regulations made by virtue of section 343(5)(b),

specifying the maximum term of imprisonment, or the maximum fine, to which a person guilty of an offence under that section, or under those regulations, is liable.

(2) In relation to any such provision as it extends to a British overseas territory, the law of the British overseas territory may--

(a) provide for the maximum term of imprisonment to be longer or shorter than that provided for by the provision;

(b) provide for the maximum fine to be higher or lower than that provided for by the provision;

(c) specify the amount of the local currency that is to be treated as equivalent to the maximum fine provided for by the provision or provided for by virtue of paragraph (b).

Exemptions from certain civil matters

349 Exemption from tolls and charges

(1) No toll or charge within subsection (2) is payable in respect of 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.

(2) A toll or charge is within this subsection if it is payable--

(a) for passing over a road or bridge, or through a tunnel, in the United Kingdom or the Isle of Man; or

(b) under a scheme for imposing charges in respect of the keeping or use of vehicles on particular roads in the United Kingdom or the Isle of Man.

350 Exemption of property used for service purposes from execution

A judgment or order given or made by a court in--

(a) any part of the United Kingdom,

(b) the Isle of Man, or

against a member of any of Her Majesty's forces may not be enforced by the levying of execution on, or (in Scotland) the execution of diligence on, any weapon, equipment, instrument or clothing of his which is used by him in the course of his service in that force.

Powers of officers etc

351 Detention etc of persons in overseas service hospitals

Schedule 12 (powers to admit persons to and detain them in overseas service hospitals etc) has effect.

352 Power to take affidavits and declarations

(1) An authorised officer may, at a place outside the British Islands, take an affidavit or declaration from a person subject to service law or a civilian subject to service discipline.

(2) An authorised officer before whom such an affidavit or declaration is taken must state in the jurat or attestation his full name and rank and the date on which and the place at which the affidavit or declaration was taken.

(3) A document containing such a statement and purporting to be signed by an authorised officer shall be admitted in evidence without proof of the signature or of the facts set out in the statement.

(4) For the purposes of this section an officer is "authorised" if he is subject to service law and--

(a) is of or above the rank of lieutenant commander, major or squadron leader; or

(b) is of the rank of naval lieutenant, military or marine captain or flight lieutenant and--

(i) has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41);

(ii) is an advocate or solicitor in Scotland;

(iii) is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland; or

(iv) has in a relevant territory rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.

(5) In this section "relevant territory" means--

(a) any of the Channel Islands;

(b) the Isle of Man;

(d) a British overseas territory.

Protection of children of service families

353 Protection of children of service families

Schedule 13 (amendments relating to protection of children of service families) has effect.

Miscellaneous

354 Extension of powers of command dependent on rank or rate

An officer, warrant officer or non-commissioned officer of a regular or reserve force who is subject to service law ("A") has, over members of any other such force who are of inferior rank or rate to A, such powers of command as are dependent on rank or rate.

355 Service of process

(1) The Secretary of State may by regulations make provision with respect to the service of process on a relevant person in connection with proceedings of a description prescribed by the regulations.

(2) Regulations under this section may in particular make provision--

(a) for any process served on a person's commanding officer to be treated as duly served on the person;

(b) with respect to cases in which service of process is to be of no effect.

(3) In this section "relevant person" means--

(a) a person subject to service law by reason of section 367(1) or (2)(a), (b), (c) or (e); or

(b) a civilian subject to service discipline.

356 Avoidance of assignment of or charge on pay and pensions etc

(1) Each of the following shall be void--

(a) every assignment (or, in Scotland, assignation) of any relevant pay or pension;

(b) every charge on any relevant pay or pension;

(2) In this section "relevant pay or pension" means any pay, pension, benefit, bounty, grant or allowance payable to any person in respect of his or any other person's service in Her Majesty's forces.

(3) No order may be made by a court the effect of which would be--

(a) to prevent any person from receiving any relevant pay or pension; and

(b) to direct payment of it to another person.

(4) Nothing in this section--

(a) applies to the making or variation of attachment of earnings orders or of earnings arrestments; or

(b) prejudices any enactment or subordinate legislation providing for the payment of any sum to--

(i) a bankrupt's trustee in bankruptcy, or

(ii) a permanent trustee in a sequestration under the Bankruptcy (Scotland) Act 1985 (c. 66),

for distribution among creditors.

(5) In this section--

(a) "enactment" includes any provision of an Act of the Scottish Parliament or Northern Ireland legislation;

(b) the reference to subordinate legislation includes an instrument made under such an Act or under Northern Ireland legislation.

357 Power of British overseas territory to apply Act, etc

Where any of Her Majesty's forces is raised under the law of a British overseas territory, any such law--

(a) may make provision in relation to that force and its members so as to have effect when they are outside that territory (as well as when they are within it); and

(b) may apply in relation to the force and its members all or any of the provisions of this Act, with or without modifications.

358 Amendments relating to reserve forces

Schedule 14 (amendments relating to the reserve forces) has effect.

359 Pardons for servicemen executed for disciplinary offences: recognition as victims of First World War

(1) This section applies in relation to any person who was executed for a relevant offence committed during the period beginning with 4 August 1914 and ending with 11 November 1918.

(2) Each such person is to be taken to be pardoned under this section in respect of the relevant offence (or relevant offences) for which he was executed.

(3) In this section "relevant offence" means any of the following--

(a) an offence under any of the following provisions of the Army Act 1881 (c. 58)--

(i) section 4(2) (casting away arms etc);

(ii) section 4(7) (cowardice);

(iii) section 6(1)(b) (leaving post etc without orders);

(iv) section 6(1)(k) (sentinel sleeping etc on post or leaving post);

(v) section 7 (mutiny and sedition);

(vi) section 8(1) (striking etc superior officer);

(vii) section 9(1) (disobedience in defiance of authority);

(viii) section 12(1) (desertion or attempt etc to desert);

(b) an offence under any of the following provisions of the Indian Army Act 1911 (Indian Act, No 8 of 1911)--

(i) section 25(b) (casting away arms, cowardice, etc);

(ii) section 25(g) (sentry sleeping on post or quitting post);

(iii) section 25(i) (quitting guard etc);

(iv) section 27 (mutiny, disobedience, etc);

(v) section 29 (desertion or attempt to desert).

(4) This section does not--

(a) affect any conviction or sentence;

(b) give rise to any right, entitlement or liability; or

(5) Any reference in this section to a provision of the Army Act 1881 (c. 58) includes a reference to that provision as applied by any enactment, wherever enacted.

Third Group of Parts General

Part 18 Commanding Officer and Other Persons with Functions under Act

Officers

360 Meaning of "commanding officer"

The officer who is the "commanding officer" of a person for the purposes of any provision made by or under this Act shall be determined by or under regulations made by the Defence Council.

361 Meaning of "higher authority"

In this Act "higher authority", in relation to a commanding officer, means any officer in the commanding officer's disciplinary chain of command who is superior in that chain of command to the commanding officer.

Court officials

362 Judge advocates

In this Act "judge advocate" means--

(a) the Judge Advocate General;

(b) a person appointed under section 30(1)(a) or (b) or (2) of the Courts-Martial (Appeals) Act 1951 (c. 46) (assistants to the Judge Advocate General); or

(c) a puisne judge of the High Court in England and Wales who (following a request by the Judge Advocate General) is nominated by or on behalf of the Lord Chief Justice of England and Wales to sit as a judge advocate.

363 Court administration officer

(1) There shall be a court administration officer for the Court Martial, the Service Civilian Court and the Summary Appeal Court.

(2) The court administration officer is to be appointed by the Defence Council.

Service Prosecuting Authority

364 Director of Service Prosecutions

(1) Her Majesty may appoint a person as the Director of Service Prosecutions.

(2) A person may be appointed as the Director of Service Prosecutions only if he--

(a) has a ten year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41);

(b) is an advocate or solicitor in Scotland of at least ten years' standing;

(c) is a member of the Bar of Northern Ireland, or a solicitor of the Court of Judicature of Northern Ireland, of at least ten years' standing; or

(d) has in a relevant territory rights and duties similar to those of a barrister or solicitor in England and Wales, has had those rights and duties for at least ten years, and is subject to punishment or disability for breach of professional rules.

(3) The Director of Service Prosecutions shall hold and vacate office in accordance with the terms of his appointment.

(4) In this section "relevant territory" means--

(a) any of the Channel Islands;

(b) the Isle of Man;

(d) a British overseas territory.

365 Prosecuting officers

(1) The Director of Service Prosecutions ("the Director") may appoint officers to be prosecuting officers.

(2) An officer may be appointed as a prosecuting officer only if he--

(a) has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b) is an advocate or solicitor in Scotland;

(d) has in a relevant territory rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.

(3) A prosecuting officer shall hold and vacate office in accordance with the terms of his appointment.

(4) A prosecuting officer may, unless the Director otherwise directs, exercise any function of the Director.

(5) In this section "relevant territory" has the same meaning as in section 364.

Service Complaints Commissioner

366 Service Complaints Commissioner

(1) There shall be a Service Complaints Commissioner.

(2) The Service Complaints Commissioner is to be appointed by the Secretary of State.

(3) A person may not be appointed as the Service Complaints Commissioner if he is--

(a) a member of the regular or reserve forces; or

(b) a person employed in the civil service of the State.

(4) The Service Complaints Commissioner shall hold and vacate office in accordance with the terms of his appointment.

(5) The Service Complaints Commissioner is not to be regarded--

(a) as the servant or agent of the Crown; or

(b) as enjoying any status, immunity or privilege of the Crown.

Part 19 Supplementary

Chapter 1 Application of Act

Persons subject to service law

367 Persons subject to service law: regular and reserve forces

(1) Every member of the regular forces is subject to service law at all times.

(2) Every member of the reserve forces is subject to service law while--

(a) in permanent service on call-out under any provision of the Reserve Forces Act 1980 (c. 9) or the Reserve Forces Act 1996 (c. 14) or under any other call-out obligation of an officer;

(b) in home defence service on call-out under section 22 of the Reserve Forces Act 1980;

(d) undertaking any training or duty (whether or not in pursuance of an obligation); or

(e) serving on the permanent staff of a reserve force.

368 References to members of the regular forces

(1) Subsections (2) and (3) apply for the purposes of this Act.

(2) A person recalled to service under--

(a) any provision of the Reserve Forces Act 1980 or the Reserve Forces Act 1996, or

(b) any other recall obligation of an officer,

is to be regarded as being a member of the regular forces from acceptance into service to release or discharge.

(3) Subject to subsection (2), an officer who is not on the active list is not to be regarded as being a member of the regular forces.

(4) For the purposes of subsection (3), an officer is on the active list if (and only if) any of the following provides that an officer of his description is on such a list--

(a) Queen's Regulations;

(b) Royal Warrant;

369 Members of British overseas territories' forces serving with UK forces

(1) While a member of a British overseas territory force is undertaking any duty with or training with a regular or reserve force ("the relevant force")--

(a) subsection (2) applies to him; and

(b) nothing in section 357 (power of British overseas territory to apply this Act, etc) applies in relation to him.

(2) A person to whom this subsection applies--

(a) is subject to service law; and

(b) shall (subject to subsection (3)) be treated as if he were a member of the relevant force of relative rank or rate.

(3) The Secretary of State may by order modify any provision of this Act in its application to a member of a British overseas territory force who is or has been within subsection (1).

(4) In this section--

"British overseas territory force" means any of Her Majesty's forces that is raised under the law of a British overseas territory;
"relative rank or rate", in relation to a person to whom subsection (2) applies, means such rank or rate of the relevant force as may be prescribed by Queen's Regulations for a person of his description.

Civilians subject to service discipline

370 Civilians subject to service discipline

(1) In this Act "civilian subject to service discipline" means a person who--

(a) is not subject to service law; and

(b) is within any paragraph of Part 1 of Schedule 15.

(2) Part 2 of Schedule 15 (exclusion and definitions relating to Part 1) has effect.

Naval chaplains

371 Naval chaplains

(1) The Secretary of State may by regulations provide that such references in this Act--

(a) to an officer, or

(b) to an officer of a particular description,

as may be prescribed by the regulations include references to a naval chaplain or to a naval chaplain of a description prescribed by the regulations.

(2) The regulations may make such modifications of this Act as appear appropriate in consequence of the fact that naval chaplains do not have a rank.

(3) In this section "naval chaplain" means a chaplain in the Royal Navy, the Royal Fleet Reserve or the Royal Naval Reserve.

Chapter 2 Other Supplementary Provisions

372 Evidence in proceedings before civilian courts

The Secretary of State may by regulations make provision with respect to evidence, including the admissibility of evidence, in proceedings for an offence created by or under this Act before a civilian court in--

(a) any part of the United Kingdom;

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