Armed Forces Act 2006

Contents

7,975 provisions, too many to show on one page. Open a part or section to read it with its history and connections, or search inside the text.

1. Part 1 · Offences
   1. Mutiny
   2. Assisting an enemy, misconduct on operations etc
   3. Attempts, encouragement and assistance , and aiding and abetting
   4. Criminal conduct
   5. Desertion and absence without leave
   6. Insubordination etc
   7. Neglect of duty and misconduct
   8. Offences against service justice
   9. Property offences
   10. Ships and aircraft
2. Part 2 · Jurisdiction and Time Limits
   1. Chapter 1 Jurisdiction
   2. Chapter 2 Time Limits for Commencing Proceedings
   3. Chapter 3 Double Jeopardy
3. Part 3 · Powers of Arrest, Search and Entry
   1. Chapter 1 Arrest etc
   2. Chapter 2 Stop and Search
   3. Chapter 3 Powers of Entry, Search and Seizure
   4. Chapter 3A Testing for alcohol and drugs in connection with a suspected offence or accident
   5. Chapter 4 Supplementary
4. Part 4 · Custody
   1. Chapter 1 Custody without Charge
   2. Chapter 2 Custody etc after Charge
   3. Chapter 3 Custody Proceedings Rules
5. Part 5 · Investigation, Charging and Mode of Trial
   1. Chapter 1 Investigation
   2. Chapter 2 Charging and Mode of Trial
   3. Chapter 3 Supplementary
6. Part 6 · Summary Hearing and Appeals and Review
   1. Chapter 1 Summary Hearing
   2. Chapter 2 The Summary Appeal Court
   3. Chapter 3 Review of Summary Findings and Punishments
   4. Chapter 4 Summary Hearings etc Rules
7. Part 7 · Trial by Court Martial
   1. Chapter 1 The Court Martial
   2. Chapter 2 Court Martial Proceedings
   3. Chapter 3 Punishments Available to Court Martial
   4. Chapter 4 Findings of Unfitness to Stand Trial and Insanity
8. Part 8 · Sentencing Powers and Mandatory etc Sentences
   1. Chapter 1 Definition etc of Certain Sentences
   2. Chapter 2 Consecutive Sentences
   3. Chapter 3 Suspended Sentence of Service Detention
   4. Chapter 4 Imprisonment for Term of two years or less
   5. Chapter 5 Young Offenders: Custodial Sentences Available to Service Courts
   6. Chapter 6 Mandatory etc Custodial Sentences for Certain Offences
   7. Chapter 7 Court Orders Other Than Sentences
9. Part 9 · Sentencing: Principles and Procedures
   1. Chapter 1 Principles and Procedures applying to Service Courts and Summary Hearings
   2. Chapter 2 Principles and Procedures applying to Service Courts Only
   3. Chapter 3 Supplementary
10. Part 10 · Court Martial Decisions: Appeals and Review
    1. Chapter 1 Appeals from Court Martial
    2. Chapter 2 Review of Court Martial Sentence
    3. Chapter 3 Compensation for Miscarriages of Justice
11. Part 11 · The Service Civilian Court
    1. Appeals from Service Civilian Court
    2. Punishments available to Service Civilian Court
    3. SCC rules
    4. The Service Civilian Court: court and proceedings
12. Part 12 · Service and Effect of Certain Sentences
    1. Supplementary
    2. Commencement of sentence
    3. Effect of custodial sentence or detention on rank or rate
    4. Effect of dismissal
    5. Service of sentence
13. Part 12A · Offenders assisting investigations and prosecutions
    1. 304A Immunity from prosecution
    2. 304B Undertakings as to use of evidence
    3. 304C Reduction in sentence
    4. 304D Review of sentence following offer of assistance
    5. 304E Review of sentence following failure to assist
    6. 304F Sections 304C to 304E: statements in open court
    7. 304G Sections 304D and 304E: exclusion of public from review proceedings
    8. 304H Meaning of “sentence”
14. Part 13 · Discipline: Miscellaneous and Supplementary
    1. Chapter 1 Random Drug Testing
    2. Chapter 2 Contempt of Court
    3. Chapter 3 Arrest and Detention by Civil Authorities
    4. Chapter 3A Guidance on Exercise of Criminal Jurisdiction
    5. Chapter 4 Powers of the Criminal Cases Review Commission
    6. Chapter 4A Inspection of service police investigations
    7. Chapter 5 Supplementary
15. Part 14 · Enlistment, Terms of Service etc
    1. Enlistment, terms of service etc
    2. Redress of individual grievances
    3. Restriction on aliens
    4. Role of Service Complaints Commissioner
16. Part 14A · Addressing service complaints and general service welfare matters
    1. Annual report by Armed Forces Commissioner
    2. Armed Forces Commissioner investigations: supplementary matters
    3. Decisions and appeals
    4. Investigation, delegation and time limits
    5. Investigations by Armed Forces Commissioner of general service welfare matters
    6. Investigations by Armed Forces Commissioner of service complaints
    7. Reports of investigation
    8. Service complaints
    9. Armed Forces Commissioner’s function of referring allegations
17. Part 14B · Service police: complaints, misconduct etc
    1. Super-complaints
    2. Functions of the Service Police Complaints Commissioner
18. Part 15 · Forfeitures and Deductions
    1. 341 Forfeitures and deductions: general provisions
    2. 342 Permitted forfeitures and deductions
19. Part 16 · Inquiries
    1. 343 Service inquiries
20. Part 16A · Armed forces covenant report
    1. 343A Armed forces covenant report
    2. 343AA Due regard to principles: England
    3. 343AB Due regard to principles: Wales
    4. 343AC Due regard to principles: Scotland
    5. 343AD Due regard to principles: Northern Ireland
    6. 343AE Sections 343AA to 343AD: guidance
    7. 343AF Sections 343AA to 343AD: power to add bodies and functions
    8. 343B Interpretation of Part
21. Part 17 · Miscellaneous
    1. Miscellaneous
    2. Exemptions from certain civil matters
    3. Offences relating to service matters punishable by civilian courts
    4. Powers of officers etc
    5. Protection of children of service families
22. Part 18 · Commanding Officer and Other Persons with Functions under Act
    1. Officers
    2. Armed Forces Commissioner
    3. Court officials
    4. Provost Marshals
    5. ...
    6. Service Complaints Ombudsman
    7. Service Police Complaints Commissioner
    8. Service Prosecuting Authority
23. Part 19 · Supplementary
    1. Chapter 1 Application of Act
    2. Chapter 2 Other Supplementary Provisions
    3. Chapter 3 Interpretation
    4. Chapter 4 Final Provisions
24. Schedule 1 · Criminal conduct offences that may be dealt with at a summary hearing
    1. Part 1 Offences that may be dealt with without permission
    2. Part 2 Offences that may be dealt with only with permission
25. Schedule 2 · “Schedule 2 offences”
    1. (1) An offence under section 1 (assisting an enemy).
    2. (2) An offence under section 2(1) (misconduct on operations).
    3. (3) An offence under section 3 (obstructing operations) which relates to...
    4. (4) An offence under section 4(1) or (2) (looting).
    5. (5) An offence under section 6 (mutiny).
    6. (6) An offence under section 7 (failure to suppress mutiny).
    7. (7) An offence under section 8 (desertion) where the accused intended...
    8. (8) An offence under section 31(1) (hazarding of ship).
    9. (9) An offence under section 33(1) (dangerous flying etc).
    10. (10) An offence under section 39 of attempting to commit an...
    11. (11) An offence under section 40 of encouraging or assisting the...
    12. (12) An offence under section 42 (criminal conduct) as respects which...
    13. (13) An offence under section 42 as respects which the corresponding...
    14. (14) An offence under paragraph 4 of Schedule 2A (lay member...
    15. (15) An offence under paragraph 5 of Schedule 2A (disclosing information...
26. Schedule 2A · Offences relating to members of the Court Martial
    1. Interpretation
    2. Research by lay members
    3. Sharing research with other lay members
    4. Engaging in other prohibited conduct
    5. Disclosing information about members' deliberations etc
    6. Disclosing information about members' deliberations etc: initial exceptions
    7. Disclosing information about members' deliberations etc: further exceptions
    8. Disclosing information about members' deliberations: exceptions for soliciting disclosures or obtaining information
    9. Saving for contempt of court
27. Schedule 3 · Civilians etc: modifications of Court Martial sentencing powers
    1. Part 1 Civilian offenders
    2. Part 2 Ex-servicemen etc
28. Schedule 3A · Court Martial sentencing powers where election for trial by that court instead of CO
    1. Part 1 Relevant offences
    2. Part 2 Sentencing powers etc
    3. Part 3 Interpretation
29. Schedule 4 · Unfitness and insanity: modifications of Mental Health Act 1983
    1. Hospital orders
    2. Restriction orders
    3. Remand orders
    4. Interim hospital orders
30. Schedule 5 · Breach, revocation and amendment of community punishments
    1. Part 1 Service community orders
    2. Part 2 Overseas community orders
31. Schedule 6 · Overseas community orders: young offenders
    1. Unpaid work requirement
    2. Exclusion requirement
    3. Residence requirement
    4. Mental health requirement
    5. Drug rehabilitation requirement
    6. Alcohol treatment requirement
    7. Education requirement
    8. Power to amend
32. Schedule 6A · Breach, revocation and amendment of overseas community orders
    1. (1) Schedule 10 to the Sentencing Code (breach, revocation or amendment...
    2. Preliminary
    3. Breach of requirement of order
    4. Revocation of order
    5. Amendment of order
    6. Conviction of further offence
    7. Supplementary
    8. Court Martial Rules
    9. Appeals
33. Schedule 7 · Suspended sentence orders: breach or amendment; effect of further conviction
    1. (1) Schedule 16 to the Sentencing Code (breach or amendment of...
    2. Preliminary
    3. Breach of community requirement or conviction of further offence
    4. Amendment of order
    5. Supplementary
34. Schedule 8 · Amendment of the Courts-Martial (Appeals) Act 1968
    1. (1) The Courts-Martial (Appeals) Act 1968 (c. 20) is amended as...
    2. (2) For the heading to Part 1 substitute “ THE COURT...
    3. (3) In section 1(1) (the court) for the words from the...
    4. (4) In section 4 (sittings) omit subsection (2).
    5. (5) In section 5 (constitution of court for particular sittings), in...
    6. (6) For the heading to Part 2 substitute “ APPEALS FROM...
    7. (7) In section 8 (right of appeal against conviction or sentence)—...
    8. (8) Omit section 10 (alternative procedure for appeal from court-martial abroad)....
    9. (9) In section 11(1) (consideration of application by Appeal Court) omit...
    10. (10) In section 12 (power to quash conviction as unsafe)—
    11. (11) For section 13 (adjustment of sentence in case of conviction...
    12. (12) (1) Section 14 (substitution of conviction on different charge) is...
    13. (13) In section 14A (substitution of conviction on different charge after...
    14. (14) Omit section 15 (variation of conviction so as to attract...
    15. (15) In section 16 (substitution of finding of insanity etc)—
    16. (16) For section 16A (powers on appeals against sentence) substitute— Appeals...
    17. (17) In section 17 (sentences passed by the Appeal Court)—
    18. (18) Omit section 17A (application of certain provisions of SDAs in...
    19. (19) Omit section 18 (retrial generally excluded).
    20. (20) In section 19 (power to authorise retrial in certain cases)—...
    21. (21) In section 20 (implementation of authority for retrial etc)—
    22. (22) In section 21 (appeal against finding of not guilty by...
    23. (23) In section 22 (consequences where appeal under section 21 allowed)—...
    24. (24) Omit section 23 (substitution of finding of unfitness to stand...
    25. (25) In section 24 (appeal against finding of unfitness)—
    26. (26) (1) Section 25 (disposal of appeals under section 24) is...
    27. (27) For section 25A (right of appeal against hospital order etc)...
    28. (28) In section 25B (disposal of appeals under section 25A)—
    29. (29) Omit section 26 (presentation of appellant's case).
    30. (30) For section 27 (presence of appellant at hearing) substitute— Right...
    31. (31) In section 28 (evidence)— (a) in subsection (1)—
    32. (32) In section 29 (power to call for report by member...
    33. (33) In section 31 (costs of successful appeal) in subsection (2),...
    34. (34) In section 32 (costs against appellant) in subsection (2) for...
    35. (35) In section 33 (witnesses' expenses) after subsection (1) insert—
    36. (36) In section 34 (reference of cases by service authorities)—
    37. (37) In section 36 (powers exercisable by single judge) in subsection...
    38. (38) In section 36C (appeals against procedural directions) in subsection (5)(b)—...
    39. (39) For section 37 (provision of documents relating to trial) substitute—...
    40. (40) In section 38 (defence of appeals) for “Defence Council” substitute...
    41. (41) For the heading to Part 3 substitute “ APPEAL FROM...
    42. (42) In section 39 (right of appeal to Supreme Court) in...
    43. (43) In section 43 (detention of accused)— (a) for subsection (1)...
    44. (44) Omit section 46 (restitution of property).
    45. (45) In section 47 (costs)— (a) in subsection (1) for “Secretary...
    46. (46) (1) Section 48A (appeals on behalf of deceased persons) is...
    47. (47) In section 50 (duties of registrar with respect to appeals...
    48. (48) In section 52 (removal of prisoners) for paragraphs (a) to...
    49. (49) In section 54 (saving for prerogative) in subsection (1) for...
    50. (50) For section 56 substitute— Modifications for protected prisoners of war...
    51. (51) (1) Section 57 (interpretation) is amended as follows.
    52. (52) Omit section 58 (consequential amendments).
    53. (53) In section 61 (short title and commencement), in subsection (1)...
    54. (54) For Schedule 1 (provisions as to retrial) substitute— SCHEDULE 1...
    55. (55) Omit Schedule 3 (modifications in relation to prisoners of war)....
    56. (56) Omit Schedule 4 (consequential amendments).
35. Schedule 9 · Assessors of compensation for miscarriages of justice
    1. (1) (1) A person is qualified for appointment as an assessor...
    2. (2) A person shall hold and vacate office as an assessor...
    3. (3) A person shall vacate office as an assessor—
    4. (4) A person may at any time resign his office as...
    5. (5) Subject to paragraph 6, the Secretary of State may at...
    6. (6) (1) The exercise of the power conferred by paragraph 5...
    7. (7) An assessor shall be paid such remuneration and allowances as...
36. Schedule 10 · Proceedings of the Service Civilian Court
    1. Court to sit in public
    2. Unfitness to stand trial and insanity
    3. Privilege of witnesses and others
37. Schedule 11 · Powers of the Criminal Cases Review Commission
    1. Amendment of the Court Martial Appeals Act 1968
    2. Amendments of the Criminal Appeal Act 1995
38. Schedule 12 · Detention etc of persons in overseas service hospitals
    1. The relevant conditions
    2. Order for person's detention in overseas service hospital
    3. Effect of order under paragraph 2
    4. Requirements as to recommendations under paragraph 2
    5. Exercise of powers under paragraph 2 where person's commanding officer is absent etc
    6. Power to review order under paragraph 2
    7. Detention of resident patients in overseas service hospitals pending order under paragraph 2(3)
    8. Urgent removal from service living accommodation to overseas service hospital
    9. Urgent removal from other places to overseas service hospital
    10. Use of force
    11. Service custody
    12. Definitions
39. Schedule 13 · Protection of children of service families
    1. (1) (1) Section 17 of the Armed Forces Act 1991 (power...
    2. (2) (1) Section 18 of that Act (content, effect, variation and...
    3. (3) (1) Section 19 of that Act (power to make orders...
    4. (4) (1) Section 20 of that Act (content and effect of...
    5. (5) After that section insert— Power to include exclusion requirement in...
    6. (6) (1) Section 21 of that Act (duration of protection orders)...
    7. (7) (1) Section 22 of that Act (review and discharge of...
    8. (8) After that section insert— Removal and accommodation of children by...
    9. (9) (1) Section 23 of that Act (interpretation) is amended as...
40. Schedule 14 · Amendments relating to reserve forces
    1. Reserve Forces Act 1980 (c. 9)
    2. Reserve Forces Act 1996 (c. 14)
41. Schedule 14A · The Service Police Complaints Commissioner
    1. (1) Status
    2. (2) Status
    3. (3) Appointment
    4. (4) Disqualification
    5. (5) Vacancy or incapacity
    6. (6) Term of office
    7. (7) Delegation of functions
    8. (8) Liability
42. Schedule 14ZA · The Armed Forces Commissioner
    1. (1) Status
    2. (2) The Commissioner is not to be regarded—
    3. (3) Appointment
    4. (4) Disqualification
    5. (5) Term of office
    6. (6) Deputy Commissioners
    7. (7) Vacancy or incapacity
    8. (8) Staff
    9. (9) Delegation of functions
    10. (10) Liability
    11. (11) Financial and other assistance from the Secretary of State
43. Schedule 15 · Civilians subject to service discipline
    1. Part 1 Civilians subject to service discipline
    2. Part 2 Exclusion and definitions
44. Schedule 16 · Minor and consequential amendments
    1. Metropolitan Police Act 1860 (c. 135)
    2. Naval and Marine Pay and Pensions Act 1865 (c. 73)
    3. Naval Pensions Act 1884 (c. 44)
    4. Foreign Marriage Act 1892 (c. 23)
    5. Regimental Debts Act 1893 (c. 5)
    6. Uniforms Act 1894 (c. 45)
    7. Criminal Evidence Act 1898 (c. 36)
    8. Air Force (Constitution) Act 1917 (c. 51)
    9. Visiting Forces (British Commonwealth) Act 1933 (c. 6)
    10. Defence (Armed Forces) Regulations 1939 (S.I. 1939/1304)
    11. Courts-Martial (Appeals) Act 1951 (c. 46)
    12. Prison Act 1952 (c. 52)
    13. Visiting Forces Act 1952 (c. 67)
    14. Army Act 1955 (3 & 4 Eliz. 2 c. 18)
    15. Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)
    16. Naval Discipline Act 1957 (c. 53)
    17. Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58)
    18. Public Records Act 1958 (c. 51)
    19. Coroners Act (Northern Ireland) 1959 (c. 15)
    20. Administration of Justice Act 1960 (c. 65)
    21. Criminal Justice Act 1961 (c. 39)
    22. Parliamentary Commissioner Act 1967 (c. 13)
    23. Criminal Justice Act 1967 (c. 80)
    24. Civil Evidence Act 1968 (c. 64)
    25. Equal Pay Act 1970 (c. 41)
    26. Equal Pay Act (Northern Ireland) 1970 (c. 32)
    27. Civil Evidence Act (Northern Ireland) 1971 (c. 36)
    28. Juries Act 1974 (c. 23)
    29. Rehabilitation of Offenders Act 1974 (c. 53)
    30. House of Commons Disqualification Act 1975 (c. 24)
    31. Northern Ireland Assembly Disqualification Act 1975 (c. 25)
    32. Sex Discrimination Act 1975 (c. 65)
    33. Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c. 14)
    34. Bail Act 1976 (c. 63)
    35. Race Relations Act 1976 (c. 74)
    36. Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))
    37. Judicature (Northern Ireland) Act 1978 (c. 23)
    38. Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))
    39. Magistrates' Courts Act 1980 (c. 43)
    40. Public Passenger Vehicles Act 1981 (c. 14)
    41. Contempt of Court Act 1981 (c. 49)
    42. Senior Courts Act 1981 (c. 54)
    43. Criminal Justice Act 1982 (c. 48)
    44. Representation of the People Act 1983 (c. 2)
    45. Mental Health Act 1983 (c. 20)
    46. Repatriation of Prisoners Act 1984 (c. 47)
    47. Inheritance Tax Act 1984 (c. 51)
    48. Police and Criminal Evidence Act 1984 (c. 60)
    49. Prosecution of Offences Act 1985 (c. 23)
    50. Housing Act 1985 (c. 68)
    51. Debtors (Scotland) Act 1987 (c. 18)
    52. Coroners Act 1988 (c. 13)
    53. Criminal Justice Act 1988 (c. 33)
    54. Road Traffic Act 1988 (c. 52)
    55. Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
    56. Courts and Legal Services Act 1990 (c. 41)
    57. Armed Forces Act 1991 (c. 62)
    58. Local Government Finance Act 1992 (c. 14)
    59. Sexual Offences (Amendment) Act 1992 (c. 34)
    60. Criminal Justice and Public Order Act 1994 (c. 33)
    61. Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)
    62. Pensions Act 1995 (c. 26)
    63. Criminal Procedure (Scotland) Act 1995 (c. 46)
    64. Disability Discrimination Act 1995 (c. 50)
    65. Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))
    66. Employment Rights Act 1996 (c. 18)
    67. Criminal Procedure and Investigations Act 1996 (c. 25)
    68. Armed Forces Act 1996 (c. 46)
    69. ...
    70. Social Security (Recovery of Benefits) Act 1997 (c. 27)
    71. Crime (Sentences) Act 1997 (c. 43)
    72. Police Act 1997 (c. 50)
    73. Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6))
    74. Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (S.I. 1997/1183 (N.I. 12))
    75. Landmines Act 1998 (c. 33)
    76. Crime and Disorder Act 1998 (c. 37)
    77. Human Rights Act 1998 (c. 42)
    78. Youth Justice and Criminal Evidence Act 1999 (c. 23)
    79. Welfare Reform and Pensions Act 1999 (c. 30)
    80. Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
    81. Regulation of Investigatory Powers Act 2000 (c. 23)
    82. Freedom of Information Act 2000 (c. 36)
    83. Criminal Justice and Court Services Act 2000 (c. 43)
    84. Criminal Justice and Police Act 2001 (c. 16)
    85. International Criminal Court Act 2001 (c. 17)
    86. Armed Forces Act 2001 (c. 19)
    87. Anti-terrorism, Crime and Security Act 2001 (c. 24)
    88. Proceeds of Crime Act 2002 (c. 29)
    89. Railways and Transport Safety Act 2003 (c. 20)
    90. Extradition Act 2003 (c. 41)
    91. Sexual Offences Act 2003 (c. 42)
    92. Criminal Justice Act 2003 (c. 44)
    93. Crime (International Co-operation) Act 2003 (c. 32)
    94. Domestic Violence, Crime and Victims Act 2004 (c. 28)
    95. Human Tissue Act 2004 (c. 30)
    96. Civil Partnership Act 2004 (c. 33)
    97. Constitutional Reform Act 2005 (c. 4)
    98. Gambling Act 2005 (c. 19)
45. Schedule 17 · Repeals and Revocations