Armed Forces Act 2006 (c. 52)

(The document as of February, 2008)

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

(b) in paragraph (e) for the words from "1955 Acts" to "Armed Forces Act 1976 (c. 52)" substitute "Court Martial Appeals Act 1968 or the Armed Forces Act 2006".

(5) For subsections (5) and (6) substitute--

" (5A) Where an order under this section creates an offence punishable with imprisonment, the maximum term it may authorise is two years. "

Anti-terrorism, Crime and Security Act 2001 (c. 24)

196 In Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (forfeiture of terrorist cash), in paragraph 16(3)(a) (case where compensation order made), after "2000 (c. 6)," insert "or in pursuance of a service compensation order under the Armed Forces Act 2006,".

Proceeds of Crime Act 2002 (c. 29)

197 In section 308(4)(a) of the Proceeds of Crime Act 2002 (general exceptions), after "2000 (c. 6)" insert "or in pursuance of a service compensation order under the Armed Forces Act 2006".

Railways and Transport Safety Act 2003 (c. 20)

198 In section 90(1) of the Railways and Transport Safety Act 2003 (Crown application etc), for the words from "Her Majesty's" to "Army Act 1955 (c. 18)," substitute "any of Her Majesty's forces (within the meaning of the Armed Forces Act 2006)".

199 In section 101(1) of that Act (military application), for the words from "Her Majesty's" to "Army Act 1955 (c. 18)" substitute "any of Her Majesty's forces (within the meaning of the Armed Forces Act 2006)".

Extradition Act 2003 (c. 41)

200 In section 3 of the Extradition Act 2003 (arrest under certified Part 1 warrant)--

(a) for subsections (3) and (4) substitute--

" (3) The warrant may be executed by a service policeman anywhere, but only if the person is subject to service law or is a civilian subject to service discipline. " ;

(b) omit subsection (6).

201 In section 5 of that Act (provisional arrest), for subsections (3) to (5) substitute--

" (3) A service policeman may arrest a person under subsection (1) only if the person is subject to service law or is a civilian subject to service discipline.

(4) If a service policeman has power to arrest a person under subsection (1) he may exercise the power anywhere. "

202 In section 71 of that Act (arrest warrant following extradition request)--

(a) for subsection (6) substitute--

" (6) If a warrant issued under this section--

(a) is directed to a service policeman, and

(b) is in respect of a person subject to service law or a civilian subject to service discipline,

it may be executed anywhere. " ;

(b) omit subsection (8).

203 In section 73 of that Act (provisional warrant)--

(a) for subsection (7) substitute--

" (7) If a warrant issued under this section--

(a) is directed to a service policeman, and

(b) is in respect of a person subject to service law or a civilian subject to service discipline,

it may be executed anywhere. " ;

(b) omit subsection (9).

204 In section 155 of that Act (service personnel) for the words from "military law" to the end substitute "service law."

205 In section 216 of that Act (interpretative provisions)--

(a) after subsection (7) insert--

" (7A) "Civilian subject to service discipline" has the same meaning as in the Armed Forces Act 2006. "

(b) for subsections (13) and (14) substitute--

" (13) "Service policeman" means anyone who is, or by reason of section 375(5) of the Armed Forces Act 2006 is to be treated as, a service policeman for the purposes of that Act.

(13A) "Subject to service law" has the same meaning as in that Act. "

Sexual Offences Act 2003 (c. 42)

206 In section 81(3)(b) of the Sexual Offences Act 2003 (persons formerly subject to Part 1 of Sex Offenders Act 1997), omit "or a term of service detention".

207 In section 116 of that Act (qualifying offenders for purposes of section 114)--

(a) in subsection (2)(c), after "93" insert "or 93A";

(b) after subsection (2) insert--

" (2A) In subsection (2)(c) references to the corresponding civil offence are to be read, in relation to an offence within paragraph 93A of Schedule 3, as references to the corresponding offence under the law of England and Wales. "

208 (1) Section 131 of that Act (young offenders: application) is amended as follows.

(2) In paragraph (a) after "detention and training order" insert "(including an order under section 211 of the Armed Forces Act 2006)".

(3) In paragraph (h) after "2000 (c. 6)," insert "section 209 or 218 of the Armed Forces Act 2006,".

(4) In paragraph (k) after "2003" insert "(including one passed as a result of section 221 of the Armed Forces Act 2006)".

(5) In paragraph (l) for "that Act" substitute "the Criminal Justice Act 2003 (including one passed as a result of section 222 of the Armed Forces Act 2006)".

209 (1) Section 133 (Part 2: general interpretation) is amended as follows.

(2) In subsection (1)--

(a) for the definition of "order for conditional discharge" substitute--

" "order for conditional discharge" means an order under any of the following provisions discharging the offender conditionally--

(a) section 12 of the Powers of Criminal Courts (Sentencing) Act 2000;

(b) Article 4 of the Criminal Justice (Northern Ireland) Order 1996;

(d) paragraph 3 of Schedule 5A to the Army Act 1955 or Air Force Act 1955 or Schedule 4A to the Naval Discipline Act 1957; " ;

(b) in the definition of "the period of conditional discharge" for paragraphs (c) to (e) substitute--

" (c) section 185(2) of the Armed Forces Act 2006; " ;

" "service detention" has the meaning given by section 374 of the Armed Forces Act 2006; " ;

(d) omit the definition of "term of service detention".

(3) In subsection (1A) after paragraph (b) insert--

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

210 In section 134(1) of that Act (conditional discharges and probation orders), after paragraph (c) insert--

" (ca) section 187(1) of the Armed Forces Act 2006 (conviction with absolute or conditional discharge deemed not to be a conviction); " .

211 (1) Section 137 of that Act (service courts) is amended as follows.

(2) In subsection (1)(d), for the words from "the offence under section 70" to the end substitute "an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is that offence."

(3) In subsection (4) for "a court-martial or Standing Civilian Court" substitute "the Court Martial or the Service Civilian Court".

(4) After that subsection add--

" (5) In subsection (1)(a) the reference to a service court includes a reference to the following--

(a) the Court Martial Appeal Court;

(b) the Supreme Court on an appeal brought from the Court Martial Appeal Court;

(d) a Standing Civilian Court. "

212 (1) Schedule 3 to that Act (sexual offences for purposes of Part 2) is amended as follows.

(2) In paragraph 93--

(a) in sub-paragraph (2) omit "service";

(b) after that sub-paragraph add--

" (3) In sub-paragraph (2), the reference to detention is to detention awarded under section 71(1)(e) of the Army Act 1955 or Air Force Act 1955 or section 43(1)(e) of the Naval Discipline Act 1957. "

(3) After that paragraph insert--

" 93A (1) An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence listed in any of paragraphs 1 to 35.

(2) A reference in any of those paragraphs to being made the subject of a community sentence of at least 12 months is to be read, in relation to an offence under that section, as a reference to--

(a) being made the subject of a service community order or overseas community order under the Armed Forces Act 2006 of at least 12 months; or

(b) being sentenced to a term of service detention of at least 112 days.

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

213 In Schedule 5 to that Act (other offences for purposes of Part 2), after paragraph 172 insert--

" 172A (1) An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence listed in any of paragraphs 1 to 63A.

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

Criminal Justice Act 2003 (c. 44)

214 (1) Section 94 of the Criminal Justice Act 2003 (extension of section 31 of the Armed Forces Act 2001) is amended as follows.

(2) For subsection (1) substitute--

" (1) Section 323 of the Armed Forces Act 2006 (provision in consequence of criminal justice enactments) applies in relation to an enactment contained in this Part so far as relating to matters not specified in subsection (2) of section 324 of that Act as it applies in relation to a criminal justice enactment (within the meaning given by that section). "

(3) In subsection (2) for "that section" substitute "section 323 of that Act".

(4) For subsection (3) substitute--

" (3) In subsection (2) "service offence" has the same meaning as in the Armed Forces Act 2006. "

215 In section 112(1) of that Act (interpretation of Chapter 1 of Part 11 (evidence of bad character)), for the definition of "service offence" substitute--

" "service offence" has the same meaning as in the Armed Forces Act 2006; " .

216 In section 143(4) of that Act (meaning 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). "

217 (1) Section 151 of that Act (community order for persistent offender previously fined) is amended as follows.

(2) In subsection (4) for the words from "the finding of guilt" to the end substitute "conviction in service disciplinary proceedings".

(3) In subsection (5) after "compensation order" insert ", or a service compensation order awarded in service disciplinary proceedings,".

(4) After subsection (7) add--

" (8) In this section--

(a) "service disciplinary proceedings" means proceedings (whether or not before a court) in respect of a service offence within the meaning of the Armed Forces Act 2006; and

(b) any reference to conviction or sentence, in the context of service disciplinary proceedings, includes anything that under section 376(1) to (3) of that Act is to be treated as a conviction or sentence. "

218 For section 233 of that Act substitute--

" 233 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 (criminal conduct), and

(b) the corresponding offence under the law of England and Wales, within the meaning given by that section, was a relevant offence,

section 229 has effect as if he had at that time been convicted in England and Wales of that corresponding offence.

(2) 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. "

219 In section 237 of that Act (meaning of "fixed-term prisoner"), at the end of the title insert "etc" and after subsection (1) insert--

" (1B) In this Chapter--

(a) references to a sentence of imprisonment include such a sentence passed by a service court;

(b) references to a sentence of detention under section 91 of the Sentencing Act include a sentence of detention under section 209 of the Armed Forces Act 2006;

(c) references to a sentence under section 227 of this Act include a sentence under that section passed as a result of section 220 of the Armed Forces Act 2006; and

(d) references to a sentence under section 228 of this Act include a sentence under that section passed as a result of section 222 of that Act.

(1C) Nothing in subsection (1B) has the effect that section 240 or 265 (provision equivalent to which is made by the Armed Forces Act 2006) applies to a service court. "

220 In section 241 of that Act (effect of direction under section 240 on release on licence), after subsection (1) insert--

" (1A) In subsection (1) the reference to a direction under section 240 includes a direction under section 246 of the Armed Forces Act 2006. "

221 In section 246 of that Act (disapplication of power to release prisoners on licence early), after subsection (4) insert--

" (4A) In subsection (4)--

(a) the reference in paragraph (d) to a community order includes a service community order or overseas community order under the Armed Forces Act 2006; and

(b) the reference in paragraph (i) to a direction under section 240 includes a direction under section 246 of that Act. "

222 In section 250 of that Act (licence conditions) after subsection (2) insert--

" (2A) If the sentence (or, if more than one, each sentence) that the prisoner is serving is one in relation to which no custody plus or intermittent custody order is in force, subsection (2) has effect as if there were omitted--

(a) paragraph (a)(i);

(b) the words "so far as not inconsistent with them," in paragraph (a)(ii); and

223 In section 251(3) of that Act (licence conditions on re-release of prisoner serving sentence of less than 12 months) after "relevant court order" add "(if any)".

224 (1) Section 252 of that Act (duty to comply with licence conditions) is renumbered as subsection (1) of that section.

(2) After that subsection insert--

" (2) But where--

(a) the licence relates to a sentence of imprisonment passed by a service court,

(b) no custody plus order was made in relation to the sentence, or such an order was made but subsequently revoked, and

the conditions specified in the licence apply to him only so far as it is practicable for him to comply with them where he is residing. "

225 In section 260 of that Act (disapplication of power to remove prisoner liable to removal from UK), after subsection (3) insert--

" (3A) In subsection (3)(e) the reference to a direction under section 240 includes a direction under section 246 of the Armed Forces Act 2006. "

226 In section 263(1)(a) of that Act (concurrent terms), omit "by any court".

227 In section 268 of that Act (interpretation of Chapter 6 of Part 12), in the definition of "fixed-term prisoner" after "237(1)" insert "(as extended by section 237(1A))".

228 In section 269(3)(b) of that Act (determination of minimum term in relation to mandatory life sentence), after "custody)" insert "or under section 246 of the Armed Forces Act 2006 (equivalent provision for service courts)".

229 In section 272 of that Act (review of minimum term on a reference by the Attorney General), omit subsections (2) and (3).

230 In section 277 of that Act (interpretation of Chapter 7 of Part 12 (effect of life sentence)), in the definition of "court", for "a court-martial" substitute "the Court Martial".

231 In section 305(1) of that Act (interpretation of Part 12)--

(a) at the end of the definition of "court" insert ", but this does not apply where a contrary intention appears from any provision of the Armed Forces Act 2006;"; and

(b) for the definitions of "service court" and "service disciplinary proceedings" substitute--

" "service court" means--

(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; " .

232 In section 329 of that Act (civil proceedings for trespass to the person brought by offender), for subsection (7) substitute--

" (7) Where--

(a) a person is convicted of an offence under section 42 of the Armed Forces Act 2006 (criminal conduct), and

(b) the corresponding offence under the law of England and Wales (within the meaning given by that section) is an imprisonable offence,

he is to be treated for the purposes of this section as having been convicted in the United Kingdom of that corresponding offence; and in paragraph (a) the reference to conviction includes anything that under section 376(1) and (2) of that Act is to be treated as a conviction. "

233 (1) Section 337 of that Act (extent) is amended as follows.

(2) In subsection (12)--

(a) in paragraph (a) for "by a court-martial" substitute "in respect of service offences within the meaning of the Armed Forces Act 2006";

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

(3) After that subsection insert--

" (12A) Nothing in subsection (1) affects the extent of section 94; and section 384 of the Armed Forces Act 2006 applies in relation to section 94 of this Act as it applies in relation to that Act. "

(4) In subsection (13)--

(a) in paragraph (a)--

(i) omit sub-paragraphs (i) to (iii), (v), (vii) and (viii);

(ii) in sub-paragraph (iv) for "Courts-Martial (Appeals) Act 1968" substitute "Court Martial Appeals Act 1968", and at the end of that sub-paragraph insert "or";

(b) omit paragraph (b).

234 (1) Schedule 6 to that Act (modifications for armed forces of provisions about evidence of bad character) is amended as follows.

(2) In paragraph 3--

(a) in sub-paragraph (1) for "courts-martial" substitute "the Court Martial";

(b) in sub-paragraph (2)--

(i) in paragraph (a) for "judge and jury" substitute "a judge and jury";

(ii) also in paragraph (a) for "court-martial" substitute "the Court Martial";

(iii) in paragraph (c) for "dissolve" substitute "discharge";

(i) in the paragraph substituted by paragraph (a), for the words from "section 115B(2) of the Army" to "1957" substitute "section 167 of the Armed Forces Act 2006";

(ii) in paragraph (c) for "dissolve" substitute "discharge";

(d) in the subsection substituted by sub-paragraph (5), for "dissolve" substitute "discharge".

(3) In the subsection substituted by paragraph 4 of that Schedule--

(a) in paragraph (a) for "a court-martial" substitute "the Court Martial";

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

(4) For paragraph 6 substitute--

" 6 In this Schedule "service court" means--

(a) the Court Martial;

(b) the Summary Appeal Court;

(d) the Court Martial Appeal Court. "

235 (1) Schedule 7 to that Act (modifications for armed forces of provisions about hearsay evidence) is amended as follows.

(2) In paragraph 2--

(a) for sub-paragraph (2) substitute--

" (2) In section 116(2) for paragraph (c) substitute--

" (c) that either of the following applies--

(i) the court is sitting neither in the United Kingdom nor in a British overseas territory and it is not reasonably practicable to secure the attendance of the relevant person; or

(ii) the court is sitting in the United Kingdom or a British overseas territory but the relevant person is outside the United Kingdom or outside that territory (as the case may be) and it is not reasonably practicable to secure his attendance. " "

(b) in the subsection inserted by sub-paragraph (3), for the words from ""criminal proceedings"" to the end substitute "the reference to criminal proceedings includes proceedings before an officer in respect of a service offence within the meaning of the Armed Forces Act 2006.";

(d) for sub-paragraph (5) substitute--

" (5) In section 127--

(a) in subsection (1)(c)--

(i) for "the appropriate rules" substitute "rules made under the Armed Forces Act 2006 or the Court Martial Appeals Act 1968";

(ii) for "section 9 of the Criminal Justice Act 1967 (c. 80)" substitute "such rules";

(b) omit subsection (7). " ;

(e) in the subsection inserted by sub-paragraph (7), for paragraphs (a) and (b) substitute "to proceedings before an officer, the Court Martial or the Service Civilian Court in respect of a service offence within the meaning of the Armed Forces Act 2006."

(3) In paragraph 3--

(a) in sub-paragraph (1) for "courts-martial" substitute "the Court Martial";

(b) in sub-paragraph (2)--

(i) for "judge and jury" substitute "a judge and jury";

(ii) for "court-martial" substitute "the Court Martial".

(4) In paragraph 4--

(a) in sub-paragraph (1) for "courts-martial" substitute "the Court Martial";

(b) in sub-paragraph (2)--

(i) in paragraph (a) for "judge and jury" substitute "a judge and jury";

(ii) also in paragraph (a) for "court-martial" substitute "the Court Martial";

(iii) in paragraph (c) for "dissolve" substitute "discharge";

(i) in the paragraph substituted by paragraph (a), for the words from "section 115B(2) of the Army" to "1957" substitute "section 167 of the Armed Forces Act 2006";

(ii) in paragraph (c) for "dissolve" substitute "discharge";

(d) in the subsection substituted by sub-paragraph (5), for "dissolve" substitute "discharge".

(5) Omit paragraphs 5 to 7.

(6) For paragraph 8 substitute--

" 8 In this Schedule, and in any provision of this Part as applied by this Schedule, "service court" means--

(a) the Court Martial;

(b) the Summary Appeal Court;

(d) the Court Martial Appeal Court. "

236 In Schedule 21 to that Act (determination of minimum term in relation to mandatory life sentence), at the end of paragraph 12 (but not as part of sub-paragraph (c)) insert "or of section 238(1)(b) or (c) or 239 of the Armed Forces Act 2006."

Crime (International Co-operation) Act 2003 (c. 47)

237 In section 47(9) of the Crime (International Co-operation) Act 2003 (transfer of UK prisoner to assist investigation abroad) for "(3A)" substitute "(4)".

Domestic Violence, Crime and Victims Act 2004 (c. 28)

238 (1) Section 8 of the Domestic Violence, Crime and Victims Act 2004 (evidence and procedure: courts-martial) is amended as follows.

(2) In the sidenote for "courts-martial" substitute "the Court Martial".

(3) In subsection (1) for "courts-martial" substitute "the Court Martial".

(4) For subsection (2) substitute--

" (2) A reference to an offence--

(a) of murder,

(b) of manslaughter, or

is to be read as a reference to an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is that offence. "

239 In section 45(1) of that Act (interpretation of sections 35 to 44), in the definition of "court", for "a court-martial or the Courts-Martial Appeal Court" substitute "the Court Martial or the Court Martial Appeal Court".

240 For section 62(4) of that Act (extent) substitute--

" (4) Nothing in subsection (1) affects the extent of section 8 or of any provision of section 6 as applied by section 8. "

Human Tissue Act 2004 (c. 30)

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