Armed Forces Act 2006 (c. 52)

(The document as of February, 2008)

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" 78 Application to armed forces

(1) Subject to subsection (2), nothing in this Act applies in relation to--

(a) proceedings before a court (other than a civilian court) in respect of a service offence; or

(b) any investigation conducted with a view to its being ascertained whether a person should be charged with a service offence or whether a person charged with such an offence is guilty of it.

(2) The Secretary of State may by order--

(a) make as regards any proceedings mentioned in subsection (1)(a) provision equivalent to the provisions contained in or made under Part 1, subject to such modifications as he considers appropriate;

(b) make as regards any investigation mentioned in subsection (1)(b) provision equivalent to the provisions contained in or made under Part 2, subject to such modifications as he considers appropriate.

(3) An order under this section may make provision in such way as the Secretary of State considers appropriate, and may in particular apply any of the provisions concerned, with or without modifications.

(4) In this section--

(a) "civilian court" and "service offence" have the same meanings as in the Armed Forces Act 2006;

(b) references to charges are to charges brought under Part 5 of that Act. "

Armed Forces Act 1996 (c. 46)

138 In section 6 of the Armed Forces Act 1996 (abrogation of common law corroboration rules), in subsection (3) for the words from "for any offence" to the end substitute " before--

(a) the Court Martial;

(b) the Summary Appeal Court;

(d) the Court Martial Appeal Court; or

(e) the Supreme Court on an appeal brought from the Court Martial Appeal Court. "

Housing Act 1996 (c. 52)

139 In section 199(4) of the Housing Act 1996 (local connection), for the words from "the Royal Navy" to the end substitute "the regular forces as defined by section 374 of the Armed Forces Act 2006."

Social Security (Recovery of Benefits) Act 1997 (c. 27)

140 In Part 1 of Schedule 1 to the Social Security (Recovery of Benefits) Act 1997 (compensation payments), in paragraph 2 after "2000" insert "or section 175 of the Armed Forces Act 2006".

Crime (Sentences) Act 1997 (c. 43)

141 In section 31A(5) of the Crime (Sentences) Act 1997 (termination of licences of persons serving preventive sentences), in the definition of "preventive sentence", at the end insert "(including such a sentence of imprisonment or detention passed as a result of section 219 or 221 of the Armed Forces Act 2006)".

142 (1) Section 34 of that Act (meaning of "life sentence" for purposes of Chapter 2 of Part 2) is amended as follows.

(2) In subsection (2)--

(a) in paragraph (d) at the end insert "(including one passed as a result of section 219 of the Armed Forces Act 2006)";

(b) in paragraph (e) at the end insert "(including one passed as a result of section 221 of the Armed Forces Act 2006)";

" (f) a sentence of detention for life under section 209 of the Armed Forces Act 2006;

(g) a sentence under section 218 of that Act (detention at Her Majesty's pleasure). "

(3) Omit subsection (3).

143 In section 47(4) of that Act (application of section 47), at the end of paragraph (b) insert "or" and for paragraphs (c) and (d) substitute--

" (c) Schedule 4 to the Armed Forces Act 2006 (including as applied by section 16(2) of the Court Martial Appeals Act 1968). "

144 In section 57 of that Act (extent etc), for subsection (8) substitute--

" (8) Nothing in subsection (4) above affects the extent of section 47 of this Act so far as it confers a power on the Court Martial or the Court Martial Appeal Court. "

145 In Schedule 1 to that Act (transfer of prisoners within the British Islands), in paragraph 20(1) (interpretation)--

(a) before the definition of "prison" insert--

" detention and training order" includes an order under section 211 of the Armed Forces Act 2006; " ;

(b) in the definition of "sentence of imprisonment", after "detention" insert "(except a sentence of service detention within the meaning of the Armed Forces Act 2006)".

Police Act 1997 (c. 50)

146 (1) Section 93 of the Police Act 1997 (authorisations to interfere with property etc) is amended as follows.

(2) In subsection (3)(aa) for "Royal Navy Regulating Branch" substitute "Royal Navy Police".

(3) In subsection (5)(eb) for "Royal Navy Regulating Branch" substitute "Royal Navy Police".

(4) In subsection (6A)(a) for "subject to service discipline" substitute "who is subject to service law or is a civilian subject to service discipline".

(5) For subsection (6B) substitute--

" (6B) In subsection (6A) "subject to service law" and "civilian subject to service discipline" have the same meanings as in the Armed Forces Act 2006. "

147 In section 94(2)(db) of that Act (authorisations given in absence of authorising officer), for "Royal Navy Regulating Branch" substitute "Royal Navy Police".

148 In section 108(1) of that Act (interpretation of Part 3), in the definition of "criminal proceedings", for paragraphs (a) to (c) substitute "proceedings (whether or not before a court) in respect of a service offence within the meaning of the Armed Forces Act 2006;".

149 In section 113B(10) of that Act (enhanced criminal record certificates: meaning of "police force"), for paragraphs (a) and (b) substitute--

" (a) the Royal Navy Police; " .

Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6))

150 (1) Article 71 of the Race Relations (Northern Ireland) Order 1997 (application to Crown etc) is amended as follows.

(2) In paragraph (8)--

(a) in sub-paragraph (a) for the words from "a complaint" to "those procedures" substitute "a service complaint in respect of the act complained of";

(b) in sub-paragraph (b) for "complaint" substitute "service complaint".

(3) In paragraph (10) for "the service redress procedures" substitute "the service complaint procedures".

(4) In paragraph (12), for the definition of "the service redress procedures" substitute--

" "service complaint" means a complaint under section 334 of the Armed Forces Act 2006;

"the service complaint procedures" means the procedures prescribed by regulations under that section; " .

Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (S.I. 1997/1183 (N.I. 12))

151 In Part 1 of Schedule 1 to the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (compensation payments), in paragraph 2 after "1994" insert "or section 175 of the Armed Forces Act 2006".

Landmines Act 1998 (c. 33)

152 In section 5(7) of the Landmines Act 1998 (international military operations), in the definition of "Her Majesty's armed forces" for "Army Act 1955" substitute "Armed Forces Act 2006".

Crime and Disorder Act 1998 (c. 37)

153 In section 38(4)(h) of the Crime and Disorder Act 1998 (youth justice services), after "detention and training order" insert "(including an order under section 211 of the Armed Forces Act 2006)".

154 In section 41(5) of that Act (functions of Youth Justice Board)--

(a) in paragraph (i), for sub-paragraphs (i) and (ii) substitute--

" (i) secure accommodation, within the meaning given by section 107 of the Powers of Criminal Courts (Sentencing) Act 2000, for the purpose of detaining persons subject to orders under section 100, 104(3)(a) or 105(2) of that Act or section 211 or 214 of the Armed Forces Act 2006;

(ii) accommodation which is or may be used for the purpose of detaining persons sentenced under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 209 or 218 of the Armed Forces Act 2006; " ;

(b) in paragraph (j), for sub-paragraphs (i) and (ii) substitute--

" (i) secure accommodation, within the meaning given by section 107 of the Powers of Criminal Courts (Sentencing) Act 2000, to be used for detaining a person in accordance with a determination under section 102(1), 104(3)(a) or 105(2) of that Act or section 214(3) of the Armed Forces Act 2006; or

(ii) accommodation to be used for detaining a person in accordance with a direction by the Secretary of State under section 92 of the Powers of Criminal Courts (Sentencing) Act 2000 or a determination by the Secretary of State under section 210 or 218(3) of the Armed Forces Act 2006; " .

155 In Schedule 3 to that Act (procedure where persons sent for trial under section 51), in paragraph 9(5) (definition of "previous conviction") for paragraph (b) substitute--

" (b) a previous conviction of a service offence within the meaning of the Armed Forces Act 2006 ("conviction" here including anything that under section 376(1) and (2) of that Act is to be treated as a conviction). "

Human Rights Act 1998 (c. 42)

156 In section 4(5)(c) of the Human Rights Act 1998 (declaration of incompatibility), for "Courts-Martial Appeal Court" substitute "Court Martial Appeal Court".

157 In section 5(5) of that Act (right of Crown to intervene), for "Courts-Martial Appeal Court" substitute "Court Martial Appeal Court".

Youth Justice and Criminal Evidence Act 1999 (c. 23)

158 In section 44(13)(c) of the Youth Justice and Criminal Evidence Act 1999 (reporting restrictions on alleged offences involving persons under 18: meaning of "person subject to service law"), for sub-paragraphs (i) and (ii) substitute--

" (i) a person subject to service law within the meaning of the Armed Forces Act 2006; or

(ii) a civilian subject to service discipline within the meaning of that Act. "

159 In section 63(1) of that Act (interpretation of Part 2), in the definition of "service court", for paragraphs (a) to (c) substitute--

" (a) the Court Martial;

(b) the Service Civilian Court; or

160 In section 68 of that Act (extent etc), omit subsection (10).

161 In Schedule 7 to that Act (transitional provision), in paragraph 6(6)--

(a) in paragraph (a) for the words from "the prosecuting authority" to the end substitute "the charge is brought under section 122 of the Armed Forces Act 2006;".

(b) for paragraph (b) substitute--

" (b) proceedings on appeal are to be taken to be instituted--

(i) in the case of an appeal under the Court Martial Appeals Act 1968, when the application for leave to appeal is lodged in accordance with section 9 of that Act;

(ii) in the case of an appeal under section 285 of the Armed Forces Act 2006 (except one for which leave is required), when the notice of appeal is given;

(iii) in the case of an appeal under that section for which leave is required, when the application for leave to appeal is lodged;

(iv) in the case of a reference under section 34 of the Court Martial Appeals Act 1968 or section 12A or 12B of the Criminal Appeal Act 1995, when the reference is made. "

Welfare Reform and Pensions Act 1999 (c. 30)

162 In section 44(1)(a) of the Welfare Reform and Pensions Act 1999 (disapplication of restrictions on alienation), for the words from "section 203(1) and (2) of the Army Act 1955" to "1957" substitute "section 356 of the Armed Forces Act 2006".

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

163 (1) Section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 (determination of tariffs for discretionary life sentences) is amended as follows.

(2) In subsection (3)(b) for the words from "below" to "custody)" substitute "(crediting periods of remand in custody) or under section 246 of the Armed Forces Act 2006 (equivalent provision for service courts)".

(3) In each of subsections (7) and (8) for "a court-martial" substitute "the Court Martial".

164 In section 99 of that Act (conversion of sentence of detention to sentence of imprisonment)--

(a) in subsection (5) after paragraph (a) insert--

" (aa) a sentence of detention under section 209 or 218 of the Armed Forces Act 2006, " ;

(b) after that subsection add--

" (6) References in this section to a sentence under section 226 or 228 of the Criminal Justice Act 2003 include such a sentence passed as a result of section 221 or 222 of the Armed Forces Act 2006. "

165 (1) Section 106A of that Act (which relates to the interaction of detention and training orders with sentences of detention, and is modified by section 213 of this Act) is amended as follows.

(2) In subsection (1) (definitions)--

(a) in paragraph (a) of the definition of "sentence of detention", after "above" insert "or section 209 of the Armed Forces Act 2006";

(b) after that definition insert "and references in this section to a sentence of detention under section 228 of the 2003 Act include such a sentence passed as a result of section 222 of the Armed Forces Act 2006."

(3) In subsection (8) (provisions for the purposes of which a person subject to a sentence of detention and a detention and training order is to be treated as subject only to the sentence of detention)--

(a) in paragraph (b), for "and section 235" to the end substitute ", section 235 of the 2003 Act and section 210 of the Armed Forces Act 2006 (place of detention etc),";

(b) at the end of paragraph (c) add " , and

(d) section 214 of the Armed Forces Act 2006 (offences committed during a detention and training order under that Act). "

166 For section 114 of that Act substitute--

" 114 Offences under service law

(1) Where--

(a) a person has at any time been convicted of an offence under section 42 of the Armed Forces Act 2006, and

(b) the corresponding offence under the law of England and Wales (within the meaning given by that section) was a class A drug trafficking offence or a domestic burglary,

the relevant section of this Chapter shall have effect as if he had at that time been convicted in England and Wales of that corresponding offence.

(2) Subsection (3) of section 113 applies for the purposes of this section as it applies for the purposes of that section.

(3) Section 48 of the Armed Forces Act 2006 (attempts, conspiracy, incitement and aiding and abetting outside England and Wales) applies for the purposes of this section as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to this section. "

167 (1) Section 134 of that Act (effect of compensation order on subsequent award of damages in civil proceedings) is amended as follows.

(2) In subsections (1) and (2) omit "or award".

(3) For subsection (3) substitute--

" (3) In this section "service compensation order" means a service compensation order under the Armed Forces Act 2006. "

168 In section 163 of that Act (general definitions), in the definition of "court", for "a court-martial" substitute "the Court Martial".

Regulation of Investigatory Powers Act 2000 (c. 23)

169 In section 18(11) of the Regulation of Investigatory Powers Act 2000 (exceptions to section 17: meaning of "relevant judge"), for paragraph (c) substitute--

" (c) in relation to proceedings before the Court Martial, the judge advocate for those proceedings; or " .

170 In section 32(6)(g) of that Act (senior authorising officers for intrusive surveillance), for "Royal Navy Regulating Branch" substitute "Royal Navy Police".

171 (1) Section 33 of that Act (rules for grant of authorisations of surveillance etc) is amended as follows.

(2) In subsection (6)(d)--

(a) for "Royal Navy Regulating Branch," substitute "Royal Navy Police";

(b) for "person subject to service discipline" substitute "person subject to service law or a civilian subject to service discipline".

(3) For subsection (7) substitute--

" (7) In subsection (6) "subject to service law" and "civilian subject to service discipline" have the same meanings as in the Armed Forces Act 2006. "

172 In section 34(4)(g) of that Act (persons entitled to grant authorisation in the senior officer's absence)--

(a) for "Royal Navy Regulating Branch" substitute "Royal Navy Police";

(b) for "that Branch" substitute "that force".

173 In section 41(7) of that Act (Secretary of State authorisations), for "Royal Navy Regulating Branch" substitute "Royal Navy Police".

174 In section 56(1) of that Act (interpretation of Part 3 (investigation of certain electronic data)), in the definition of "chief officer of police", in paragraph (f) for "Royal Navy Regulating Branch" substitute "Royal Navy Police".

175 (1) Section 81 of that Act (general interpretation) is amended as follows.

(2) In subsection (1)--

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

(b) in the definition of "legal proceedings" after "tribunal" insert "or proceedings before an officer in respect of a service offence within the meaning of the Armed Forces Act 2006";

(c) in the definition of "police force", in paragraph (g) for "Royal Navy Regulating Branch" substitute "Royal Navy Police".

(3) In subsection (4), for paragraphs (a) to (c) substitute "proceedings before a court in respect of a service offence within the meaning of the Armed Forces Act 2006,".

(4) In subsection (6)(b)--

(a) for "Royal Navy Regulating Branch" substitute "Royal Navy Police";

(b) for the words from "that Branch" to the end substitute "that force who is not for the time being attached to or serving either with that force or with another of those police forces".

Freedom of Information Act 2000 (c. 36)

176 In section 30 of the Freedom of Information Act 2000 (investigations and proceedings conducted by public authorities), for subsection (5) substitute--

" (5) In this section--

"criminal proceedings" includes service law proceedings (as defined by section 324(5) of the Armed Forces Act 2006);
"offence" includes a service offence (as defined by section 50 of that Act). "

Criminal Justice and Court Services Act 2000 (c. 43)

177 In section 1 of the Criminal Justice and Court Services Act 2000 (purposes of Chapter 1 of Part 1 (national probation service)), in subsection (2)(a) after "2003)" insert "and service community orders and overseas community orders under the Armed Forces Act 2006".

178 After section 5 of that Act insert--

" 5A Local probation boards and service justice

(1) A local probation board may, in pursuance of arrangements made with the Secretary of State, carry out activities anywhere in the world in relation to persons who are or have been subject to proceedings before service courts.

(2) Any activities carried out in relation to such persons must correspond to activities which the board is required or authorised to carry out in relation to persons who have been charged with or convicted of criminal offences.

(3) In this section "service court" means--

(a) a court-martial constituted under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53);

(b) a summary appeal court constituted under section 83ZA of the Army Act 1955, section 83ZA of the Air Force Act 1955 or section 52FF of the Naval Discipline Act 1957; or

179 (1) Section 27 of that Act (armed forces offences equivalent to "an offence against a child") is amended as follows.

(2) In subsection (2) for "an armed forces offence" substitute "an offence under section 42 of the Armed Forces Act 2006".

(3) For subsections (3) to (5) substitute--

" (3) Section 48 of the Armed Forces Act 2006 (attempts, conspiracy, incitement and aiding and abetting outside England and Wales) applies for the purposes of subsection (2) of this section as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to subsection (2) of this section. "

180 (1) Section 30 of that Act (disqualification from working with children: supplemental) is amended as follows.

(2) In subsection (1)--

(a) in the definition of "guardianship order", omit the words from "the Army" to "1957 or";

(b) in the definition of "qualifying sentence"--

(i) in paragraph (d) after "2000" insert "or section 209 of the Armed Forces Act 2006";

(ii) in paragraph (e) after "or more" insert "under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 211 of the Armed Forces Act 2006";

(iii) omit paragraph (f);

(c) in the definition of "relevant order", for "a court-martial or the Courts-Martial Appeal Court" substitute "the Court Martial or the Court Martial Appeal Court";

(d) in the definition of "superior court", for "a court-martial or the Courts-Martial Appeal Court" substitute "the Court Martial or the Court Martial Appeal Court".

(3) Omit subsection (2).

(4) In subsection (3), omit ", or to a sentence of detention imposed by a court-martial or the Courts-Martial Appeal Court,".

181 In section 31(2) of that Act (appeals) for "a court-martial", in both places, substitute "the Court Martial".

182 In section 33 of that Act (provisions relating to application for review of disqualification)--

(a) in subsection (7), in the definition of "order for admission to hospital", omit paragraph (a);

(b) in subsection (8)(a), for "(f)" substitute "(e)".

183 In section 42 of that Act (interpretation of Part 2 (protection of children)) omit--

(a) in subsection (1), the definition of "armed forces offence";

(b) subsection (2).

184 In section 62(5) of that Act (meaning of "sentence of imprisonment" for purposes of section 62)--

(a) in paragraph (f) at the end insert "(including one passed as a result of section 221 or 222 of the Armed Forces Act 2006)";

(b) after that paragraph insert--

" (g) a sentence of detention under section 209 or 218 of the Armed Forces Act 2006, and

(h) an order under section 211 of that Act, " .

185 In section 64(5) of that Act (meaning of "sentence of imprisonment" for purposes of section 64)--

(a) in paragraph (f) at the end insert "(including one passed as a result of section 221 or 222 of the Armed Forces Act 2006)";

(b) after that paragraph insert--

" (g) a sentence of detention under section 209 or 218 of the Armed Forces Act 2006, and

(h) an order under section 211 of that Act, " .

186 In section 81(2) of that Act (extent)--

(a) in paragraph (a) for "courts-martial or the Courts-Martial Appeal Court" substitute "the Court Martial or the Court Martial Appeal Court";

(b) omit paragraph (h).

Criminal Justice and Police Act 2001 (c. 16)

187 In section 88(8) of the Criminal Justice and Police Act 2001 (functions of Central Police Training and Development Authority)--

(a) in paragraph (g) for "Royal Navy Regulating Branch" substitute "Royal Navy Police";

(b) omit paragraph (j).

International Criminal Court Act 2001 (c. 17)

188 In section 32(6) of the International Criminal Court Act 2001 (meaning of "prisoner" in that section) for "detention" substitute "service detention (within the meaning of the Armed Forces Act 2006)".

189 In section 67(3) of that Act (definition of person subject to UK service jurisdiction), for paragraphs (a) to (c) substitute "a person subject to service law, or a civilian subject to service discipline, within the meaning of the Armed Forces Act 2006."

190 In section 75 of that Act (meaning of "national court" and "service court" in that Act) for the definition of "service court" substitute--

" "service court" means--

(a) the Court Martial;

(b) the Service Civilian Court;

(d) the Supreme Court on an appeal brought from the Court Martial Appeal Court. "

191 In Part 1 of Schedule 2 to that Act (delivery up of persons subject to criminal proceedings etc), in paragraph 5(5)(b) (meaning of "prisoner" in paragraph 5) for "detention" substitute "service detention (within the meaning of the Armed Forces Act 2006)".

Armed Forces Act 2001 (c. 19)

192 (1) Section 26 of the Armed Forces Act 2001 (power to make provision for orders as to costs) is amended as follows.

(2) In subsection (1) for the words from "courts-martial" to "services Acts" substitute "any of the Court Martial, the Summary Appeal Court, the Service Civilian Court and the Court Martial Appeal Court, in any case where the court is satisfied that one party to proceedings before that court".

(3) In subsection (2)(d) for "a Standing Civilian Court" substitute "the Service Civilian Court".

(4) In subsection (3)--

(a) in paragraph (a) for the words from "a court-martial" to the end substitute "the Court Martial under the regulations may appeal to the Court Martial Appeal Court;";

(b) in paragraph (b) for "a summary appeal court or a Standing Civilian Court" substitute "the Summary Appeal Court or the Service Civilian Court".

(5) Omit subsection (4).

193 (1) Section 27 of that Act (costs against legal representatives) is amended as follows.

(2) In subsection (1) for the words from the beginning to "may disallow" substitute

" In any proceedings before--

(a) the Court Martial,

(b) the Summary Appeal Court,

(d) the Court Martial Appeal Court,

the court may disallow " .

(3) In subsection (2)--

(a) in paragraph (a) for the words from "a court-martial" to the end substitute "the Court Martial under subsection (1) may appeal to the Court Martial Appeal Court;";

(b) in paragraph (b) for "a summary appeal court or a Standing Civilian Court" substitute "the Summary Appeal Court or the Service Civilian Court".

(4) In subsection (3), in the definition of "legal or other representative" for paragraph (b) substitute--

" (b) a person appointed under section 365 of the Armed Forces Act 2006 (prosecuting officers); " .

194 (1) Section 28 of that Act (provisions supplementary to sections 26 and 27) is amended as follows.

(2) In subsection (1)--

(a) for "prosecuting authority of its" substitute "Director of Service Prosecutions ("the Director") of his";

(b) for "under the services Acts" substitute "before a court mentioned in section 27(1)";

(3) In subsection (2) for "prosecuting authority" in both places substitute "Director".

(4) Omit subsections (3) to (5).

195 (1) Section 30 of that Act (conditional release from custody) is amended as follows.

(2) In subsection (1) for "a court-martial, a summary appeal court or a Standing Civilian Court" substitute "the Court Martial, the Summary Appeal Court or the Service Civilian Court".

(3) In subsection (2)--

(a) in paragraph (a) for the words from "a court-martial" to the end substitute "the Court Martial, the determination of an appeal to the Court Martial Appeal Court,";

(b) in paragraph (b) for the words from "a summary appeal court" to "1957 Act" substitute "the Summary Appeal Court, the determination of an appeal to the High Court under section 149(2) of the Armed Forces Act 2006";

(c) in paragraph (c) for the words from "a Standing Civilian Court" to the end substitute "the Service Civilian Court, the determination of an appeal to the Court Martial or of an appeal from the Court Martial to the Court Martial Appeal Court."

(4) In subsection (4)--

(a) for paragraph (d) substitute--

" (d) create service offences punishable by any of the punishments mentioned in the Table in section 164 of the Armed Forces Act 2006, " ;

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