Armed Forces Act 2006 (c. 52)

(The document as of February, 2008)

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3 (1) A person is within this paragraph if--

(a) he is in service custody; and

(b) his being in service custody is lawful by virtue of any provision of or made under this Act.

(2) A person is also within this paragraph if he is in the course of being arrested, or of having an attempted arrest made of him, by a person who has a duty under service law to apprehend him.

Crown servants in designated area working in support of Her Majesty's forces

4 (1) A person is within this paragraph (subject to paragraph 11) if--

(a) he is a Crown servant;

(b) his sole or main role is to work in support of any of Her Majesty's forces; and

(2) In this paragraph "Crown servant" means a person employed by or in the service of the Government of the United Kingdom.

Persons working for specified military organisations

5 (1) A person is within this paragraph (subject to paragraph 11) if--

(a) he is employed by or in the service of a specified naval, military or air-force organisation of which the United Kingdom is a member;

(b) he is so employed by reason of the United Kingdom's membership of that organisation; and

(2) In this paragraph "specified" means specified by order of the Secretary of State under this paragraph.

Persons in designated area who are members or employees of other specified organisations

6 (1) A person is within this paragraph (subject to paragraph 11) if--

(a) he belongs to or is employed by a specified organisation; and

(b) he is in a designated area.

(2) In this paragraph "specified organisation" means an organisation which--

(a) does not fall within paragraph 5; and

(b) is specified by order of the Secretary of State under this paragraph.

Persons designated by or on behalf of Defence Council

7 (1) A person is within this paragraph (subject to paragraph 11) if--

(a) he is designated for the purposes of this paragraph by or on behalf of the Defence Council or by an officer authorised by the Defence Council; and

(b) he is outside the British Islands.

(2) A person may be designated for the purposes of this paragraph only if it appears to the Defence Council or the authorised officer that it is desirable to do so--

(a) in the interests of the person;

(b) for the protection of other persons (whether or not members of any of Her Majesty's forces); or

(3) In deciding whether to designate a person for the purposes of this paragraph, the Defence Council or the authorised officer must have regard in particular to--

(a) the characteristics of the justice system (if any) in any country or territory where the person is or is likely to be;

(b) the terms of any treaty, agreement or arrangement relating to the legal status, or the treatment, of visiting forces to which the United Kingdom and any such country or territory are parties;

(c) the likelihood of the person's being subject to the law applicable to the armed forces of any country or territory outside the British Islands.

(4) A designation under this paragraph--

(a) may designate persons by name or by description;

(b) may provide, in relation to any person designated by it, that it applies to him only for a specified period or in specified circumstances;

(5) In sub-paragraph (4) "specified" means specified by the designation.

Persons residing or staying with person subject to service law in designated area

8 A person is within this paragraph (subject to paragraph 11) if--

(a) he resides or is staying with a person subject to service law in a designated area; and

(b) he is in that designated area.

Persons residing or staying with person falling within paragraph 4 or 6 in designated area

9 (1) A person is within this paragraph (subject to paragraph 11) if--

(a) he resides or is staying with a relevant person in a designated area; and

(b) he is in that designated area.

(2) In this paragraph a "relevant person" means a person who--

(a) falls within paragraph 4 or 6; or

(b) would fall within paragraph 4 or 6, but for paragraph 11 or his not being in a designated area.

Persons residing or staying with person falling within paragraph 5

10 (1) A person is within this paragraph (subject to paragraph 11) if--

(a) he resides or is staying with a relevant person outside the British Islands; and

(b) he is outside the British Islands.

(2) In this paragraph a "relevant person" means a person who--

(a) falls within paragraph 5; or

(b) would fall within paragraph 5, but for paragraph 11 or his being in the British Islands.

Part 2 Exclusion and definitions

Exclusion

11 (1) A person who is not a United Kingdom national is not within any of paragraphs 4 to 10 at any time when he is in a country--

(a) of which he is a national; or

(b) in which he is ordinarily resident.

(2) In this paragraph 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

(3) In determining for the purposes of this paragraph whether a person is ordinarily resident in a country, no account shall be taken of any period during which he has been or intends to be present there while falling (apart from this paragraph) within any of paragraphs 4 to 10.

Definitions

12 (1) In this Schedule "designated area" means an area which--

(a) is outside the British Islands; and

(b) is designated for the purposes of this Schedule by an order made by the Secretary of State.

(2) An area designated for the purposes of this Schedule may consist of two or more areas (whether or not contiguous).

13 In this Schedule references to a person residing or staying with another person include references to the person--

(a) being about to reside or stay with the other person; and

(b) departing after residing or staying with him.

Section 378

SCHEDULE 16 Minor and consequential amendments

Metropolitan Police Act 1860 (c. 135)

1 In section 2 of the Metropolitan Police Act 1860 (swearing of constables to act on military land etc), for "subject to naval or marine or military or air force discipline" substitute "who are subject to service law, or are civilians subject to service discipline, within the meaning of the Armed Forces Act 2006".

Naval and Marine Pay and Pensions Act 1865 (c. 73)

2 In section 3 of the Naval and Marine Pay and Pensions Act 1865 (payment of naval and marine pay and pensions according to Order in Council) for the words from "pay" to "thereof" substitute "pensions and grants".

3 In section 9 of that Act (Order in Council not to contain provision inconsistent with Naval Discipline Act), for the words from "pay" to the end substitute "pensions contained in the Armed Forces Act 2006."

Naval Pensions Act 1884 (c. 44)

4 In section 2 of the Naval Pensions Act 1884 (application of certain enactments to Greenwich Hospital pensions), for "or section 128G of the Naval Discipline Act 1957" substitute "or section 356 of the Armed Forces Act 2006".

Foreign Marriage Act 1892 (c. 23)

5 In section 22 of the Foreign Marriage Act 1892 (marriages abroad by members of armed forces etc)--

(a) in subsection (1A)--

(i) in paragraph (a)(i) for the words from "employed" to the end substitute "a relevant civilian who is employed in that territory; or";

(ii) in paragraph (b) for "so prescribed" substitute "prescribed by Order in Council";

(b) after that subsection insert--

" (1AA) In subsection (1A)(a)(i) "relevant civilian" means a civilian subject to service discipline (within the meaning of the Armed Forces Act 2006) of a description prescribed by Order in Council. "

Regimental Debts Act 1893 (c. 5)

6 In the Regimental Debts Act 1893, for the words "military law", in each place, substitute "service law".

7 In section 23 of that Act (application of Act to deserters etc), omit the words "is sentenced to death or".

8 In section 29 of that Act (definitions)--

(a) in the definition of "desert" for the words from "against paragraph (a)" to the end substitute "under section 8 of the Armed Forces Act 2006;";

(b) for the words after that definition substitute--

" "Subject to service law" has the same meaning as in the Armed Forces Act 2006. "

9 After that section insert--

" 29A Application of Act to members of naval, marine or air forces

(1) Regulations may provide that any provision of this Act does not apply, or applies with prescribed modifications, in relation to a relevant person.

(2) In this section "relevant person" means a person subject to service law who is not a member of Her Majesty's military forces. "

10 In section 33 of that Act (short title) for "Regimental Debts Act 1893" substitute "Debts (Deceased Servicemen etc) Act 1893".

Uniforms Act 1894 (c. 45)

11 In section 4 of the Uniforms Act 1894 (interpretation)--

(a) in the definition of "Her Majesty's Military Forces", for "Army Act 1955" substitute "Armed Forces Act 2006";

(b) for the definition of "Her Majesty's Naval Forces" substitute--

" "Her Majesty's Naval Forces" does not include any Commonwealth force. "

Criminal Evidence Act 1898 (c. 36)

12 (1) Section 6 of the Criminal Evidence Act 1898 (application of Act) is amended as follows.

(2) In subsection (1) omit the words from "including" to the end.

(3) After that subsection insert--

" (1A) This Act applies in relation to service proceedings as it applies in relation to criminal proceedings before a court in England and Wales.

(1B) In this section "service proceedings" means proceedings before a court (other than a civilian court) in respect of a service offence; and "service offence" and "civilian court" here have the same meanings as in the Armed Forces Act 2006. "

Air Force (Constitution) Act 1917 (c. 51)

13 In section 2(1) of the Air Force (Constitution) Act 1917 (government, discipline and pay of the Royal Air Force)--

(a) omit ", pay, allowances,";

(b) after "Air Force", in the second place where it occurs, insert "(except pay and allowances)".

Visiting Forces (British Commonwealth) Act 1933 (c. 6)

14 (1) Section 4 of the Visiting Forces (British Commonwealth) Act 1933 (attached personnel) is amended as follows.

(2) In subsection (2)(ii), for the words from the beginning to "may" substitute "may, with his consent,".

(3) In subsection (3)--

(a) for the words before the proviso substitute--

" (3) While a member of another force is by virtue of this section attached temporarily to a home force--

(a) he is subject to service law for the purposes of the Armed Forces Act 2006 at all times at which he would be so subject if he were a member of that force; and

(b) he shall be treated as if he were a member of the home force of relative rank: " ;

(b) in the proviso, for the words from "the Naval Discipline Act" to "as the case may be," substitute "the Armed Forces Act 2006".

Defence (Armed Forces) Regulations 1939 (S.I. 1939/1304)

15 In Regulation 6 of the Defence (Armed Forces) Regulations 1939--

(a) for "the Naval Discipline Act, military law or air-force law" substitute "service law within the meaning of the Armed Forces Act 2006";

(b) omit the words from "within the meaning of" to the end;

and the text of the Regulation set out in Part C of Schedule 2 to the Emergency Laws (Repeal) Act 1959 (c. 19) is amended accordingly.

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

16 In section 29 of the Courts-Martial (Appeal) Act 1951 (appointment of Judge Advocate General) for "His Majesty's regular, auxiliary and reserve land and air forces" substitute "Her Majesty's regular and reserve naval, land and air forces".

Prison Act 1952 (c. 52)

17 In section 43 of the Prison Act 1952 (young offender institutions etc), after subsection (7) add--

" (8) The application of this Act to a person on whom a custodial sentence (within the meaning of the Armed Forces Act 2006) has been passed in respect of a service offence (within the meaning of that Act) is not affected by the omission from subsection (1) of a reference to that sentence. "

Visiting Forces Act 1952 (c. 67)

18 (1) Section 13 of the Visiting Forces Act 1952 (apprehension etc of deserters and absentees of visiting forces) is amended as follows.

(2) In subsection (1)--

(a) for the words from "sections one hundred and eighty-six" to "regular forces)" substitute "sections 314 to 317 of the Armed Forces Act 2006 (which relate to the apprehension and transfer to service custody of deserters and absentees without leave who are subject to service law)";

(b) for "from the regular forces" substitute "who are subject to service law".

(3) In subsection (2) for the words from "the said sections" to "eighty-eight" substitute "sections 314 and 315 of that Act".

(4) For subsection (3) substitute--

" (3) In sections 315 to 317 of that Act as applied by subsection (1) above--

(a) references to the transfer of a person to service custody are to be read as references to the handing over of that person to such authority of the country to which he belongs, at such place in the United Kingdom, as may be designated by the appropriate authority of that country;

(b) references to the taking of a person into service custody are to be read as references to the taking of a person into the custody of such authority of the country to which he belongs as may be designated by the appropriate authority of that country. "

19 In section 14 of that Act (evidence for purposes of section 13) for "Army Act 1955" substitute "Armed Forces Act 2006".

Army Act 1955 (3 & 4 Eliz. 2 c. 18)

20 After section 91 of the Army Act 1955 insert--

" Preliminary hearings as to plea

91A Preliminary hearings as to plea

(1) Subsections (2) to (4) apply in relation to a charge against a person ("the accused") preferred by the prosecuting authority.

(2) The accused shall be arraigned at a hearing before a judge advocate.

(3) That hearing may take place at any time before the time when the court-martial that is to try the charge first sits.

(4) The arraignment is to be treated as having occurred before the court-martial.

(5) Rules under section 103 may make provision for and in connection with the making of orders and rulings by a judge advocate at a hearing at which the accused is arraigned, including in particular--

(a) provision corresponding to any provision of, or that may be made by virtue of, sections 31, 33, 34 and 37 of the Criminal Procedure and Investigations Act 1996, subject to such modifications as the Secretary of State considers appropriate;

(b) provision for the variation or discharge of such orders and rulings.

(6) The reference in subsection (1) to a charge preferred by the prosecuting authority includes--

(a) a charge substituted by the prosecuting authority; and

(b) where a charge is amended by the prosecuting authority before the accused is arraigned in respect of it, the charge as so amended.

(7) Nothing in this section applies in relation to a charge preferred or substituted after the time when the court-martial first sits. "

21 (1) Section 103 of that Act (rules) is amended as follows.

(2) In subsection (2)--

(a) after paragraph (b) insert--

" (ba) appeals against orders or rulings made in preliminary proceedings; " ;

(b) after paragraph (mm) insert--

" (mn) appeals against any orders (including directions) of courts-martial prohibiting or restricting the publication of any matter or excluding the public from any proceedings; " .

(3) After subsection (2) insert--

" (2A) In subsection (2)(a), (b) and (ba), the references to proceedings preliminary to trials include hearings at which the accused is arraigned.

(2B) Rules made by virtue of subsection (2)(ba) or (mn) may confer jurisdiction on the Courts-Martial Appeal Court, and rules under section 49 of the Courts-Martial (Appeals) Act 1968 may make provision about the powers of that court in relation to appeals made by virtue of subsection (2)(ba) or (mn). "

22 In section 120 of that Act (suspension of sentences), after subsection (7) insert--

" (7A) Subsection (5) does not apply if the person was tried by court-martial for the fresh offence in pursuance of an election for court-martial trial. "

Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)

23 After section 91 of the Air Force Act 1955 insert--

" Preliminary hearings as to plea

91A Preliminary hearings as to plea

(1) Subsections (2) to (4) apply in relation to a charge against a person ("the accused") preferred by the prosecuting authority.

(2) The accused shall be arraigned at a hearing before a judge advocate.

(3) That hearing may take place at any time before the time when the court-martial that is to try the charge first sits.

(4) The arraignment is to be treated as having occurred before the court-martial.

(b) provision for the variation or discharge of such orders and rulings.

(6) The reference in subsection (1) to a charge preferred by the prosecuting authority includes--

(a) a charge substituted by the prosecuting authority; and

(b) where a charge is amended by the prosecuting authority before the accused is arraigned in respect of it, the charge as so amended.

(7) Nothing in this section applies in relation to a charge preferred or substituted after the time when the court-martial first sits. "

24 (1) Section 103 of that Act (rules) is amended as follows.

(2) In subsection (2)--

(a) after paragraph (b) insert--

" (ba) appeals against orders or rulings made in preliminary proceedings; " ;

(b) after paragraph (mm) insert--

" (mn) appeals against any orders (including directions) of courts-martial prohibiting or restricting the publication of any matter or excluding the public from any proceedings; " .

(3) After subsection (2) insert--

" (2A) In subsection (2)(a), (b) and (ba), the references to proceedings preliminary to trials include hearings at which the accused is arraigned.

25 In section 120 of that Act (suspension of sentences), after subsection (7) insert--

" (7A) Subsection (5) does not apply if the person was tried by court-martial for the fresh offence in pursuance of an election for court-martial trial. "

Naval Discipline Act 1957 (c. 53)

26 In section 47M of the Naval Discipline Act 1957 (judicial officers), for "Judge Advocate of Her Majesty's Fleet", in both places, substitute "Judge Advocate General".

27 In section 52C(4) of that Act (powers of higher authority), for "of the accused" substitute "or appropriate superior authority".

28 (1) Section 52D of that Act (summary trial) is amended as follows.

(2) For subsections (2) and (2ZA) substitute--

" (2) The commanding officer or appropriate superior authority (as the case may be) shall afford the accused the opportunity of electing court-martial trial. "

(3) In subsection (4) for paragraph (b) substitute--

" (b) if the accused is an officer below the rank of captain whose commanding officer satisfies the conditions in section 52B(6A)(a) and (b), refer the charge back to the commanding officer of the accused;

(c) if the accused is an officer other than one within paragraph (b) above, refer the charge back to the appropriate superior authority; " .

(4) In subsection (4A) for "Subsections (2) and (2ZA) above do not" substitute "Subsection (2) above does not".

(5) In subsection (4C) for "subsection (2) or (2ZA) above" substitute "subsection (2) above".

29 In section 52FG(1) of that Act (judge advocates of the summary appeal court), for "Judge Advocate of Her Majesty's Fleet" substitute "Judge Advocate General".

30 In section 52FJ(3) of that Act (constitution of summary appeal court), for "Judge Advocate of Her Majesty's Fleet" substitute "Judge Advocate General".

31 In section 53B(1) of that Act (judge advocate of a court-martial), for "Judge Advocate of Her Majesty's Fleet" substitute "Judge Advocate General".

32 In section 53C(2) of that Act (ordering of courts martial), for "Judge Advocate of Her Majesty's Fleet" substitute "Judge Advocate General".

33 (1) Section 58 of that Act (rules) is amended as follows.

(2) In subsection (2)--

(a) after paragraph (b) insert--

" (ba) appeals against orders or rulings made in preliminary proceedings; " ;

(b) after paragraph (nn) insert--

" (no) appeals against any orders (including directions) of courts-martial prohibiting or restricting the publication of any matter or excluding the public from any proceedings; " .

(3) After subsection (2) insert--

" (2A) In subsection (2)(a), (b) and (ba), the references to proceedings preliminary to trials include hearings at which the accused is arraigned.

(2B) Rules made by virtue of subsection (2)(ba) or (no) may confer jurisdiction on the Courts-Martial Appeal Court, and rules under section 49 of the Courts-Martial (Appeals) Act 1968 may make provision about the powers of that court in relation to appeals made by virtue of subsection (2)(ba) or (no). "

34 After section 58 of that Act insert--

" 58A Preliminary hearings as to plea

(1) Subsections (2) to (4) apply in relation to a charge against a person ("the accused") preferred by the prosecuting authority.

(2) The accused shall be arraigned at a hearing before a judge advocate.

(3) That hearing may take place at any time before the time when the court-martial that is to try the charge first sits.

(4) The arraignment is to be treated as having occurred before the court-martial.

(5) Rules under section 58 may make provision for and in connection with the making of orders and rulings by a judge advocate at a hearing at which the accused is arraigned, including in particular--

(b) provision for the variation or discharge of such orders and rulings.

(6) The reference in subsection (1) to a charge preferred by the prosecuting authority includes--

(a) a charge substituted by the prosecuting authority; and

(b) where a charge is amended by the prosecuting authority before the accused is arraigned in respect of it, the charge as so amended.

(7) Nothing in this section applies in relation to a charge preferred or substituted after the time when the court-martial first sits. "

35 In section 59(4A) of that Act (challenge by accused), for "Judge Advocate of Her Majesty's Fleet" substitute "Judge Advocate General".

36 In section 63A(5)(b) of that Act (powers to deal with person unfit to stand trial etc), for "Judge Advocate of Her Majesty's Fleet" substitute "Judge Advocate General".

37 In section 64 of that Act (summoning of witnesses)--

(a) omit subsection (1);

(b) in subsection (2) for "notice under this section" substitute "summons issued in accordance with rules under section 58".

38 In section 73 of that Act (saving for functions of JAF), including in the sidenote to that section, for "Judge Advocate of Her Majesty's Fleet" substitute "Judge Advocate General".

Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58)

39 (1) Section 1 of the Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (records of births, marriages and deaths among armed forces etc overseas) is amended as follows.

(2) In subsection (1)--

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