- a civilian
means a person who is—
- a completed section 42 offence
means an offence that, by virtue of section 1(4) of the Criminal Attempts Act 1981 (c. 47) as modified by section 43 of this Act, is an offence to which section 1 of that Act applies;
- a section 42 offence of attempt
has the meaning given by section 44(2).
- a volunteer reserve force
means the Royal Naval Reserve, the Royal Marines Reserve, the Territorial Army or the Royal Auxiliary Air Force.
- absolute discharge
has the meaning given by section 185;
- Academy
has the same meaning as in the Education Act 1996 (see section 579(1) of that Act);
- act
includes an omission and references to the doing of an act are to be read accordingly.
- active service
means service in—
- additional duties commitment
means a commitment entered into under section 25 of the Reserve Forces Act 1996 (c. 14), and references to a person being subject to such a commitment are to be read in accordance with section 377(4) of this Act;
- afloat
means not on shore.
- Air Navigation Order offence
means an offence under an Order in Council made under section 60 of the Civil Aviation Act 1982 (whenever made, and whether or not also made under any other enactment);
- air signal
means a message, signal or indication given (by any means) for the guidance of aircraft or a particular aircraft.
- aircraft
means any machine capable of flight (whether or not propelled by mechanical means), including any description of balloon;
- aircraft material
has the meaning given by section 33.
- airman
means a person whose rank is junior technician, senior aircraftman, leading aircraftman or aircraftman;
- amended
means amended under section 123(2)(a) or, in the case of a charge referred to the Director of Service Prosecutions otherwise than on election for Court Martial trial, amended under section 125(2)(a) and referred to the commanding officer under section 125(2)(e);
- an appropriate officer
includes any registered social worker (as well as any person who is an appropriate officer within the meaning given by section 31(2) of that Code).
- an ex-regular reserve force
means the Royal Fleet Reserve, the Army Reserve or the Royal Air Force Reserve;
- appeal
means an appeal under section 141.
- appeal period
means the period mentioned in section 141(2) for the bringing of an appeal against the award mentioned in subsection (1)(a) above.
- appropriate authority
means—
- appropriate person
means, in relation to a person offering to enlist, a person with— a parental responsibility (within the meaning of the Children Act 1989 or the Children (Northern Ireland) Order 1995) for him;
- authorised person
means a person who has authority in a relevant territory to issue a warrant for the arrest of a person suspected of an offence.
- authorised punishment
means any punishment authorised by this Act apart from— • service detention;
- authority
means lawful authority in any part of Her Majesty's forces or of any force co-operating with them;
- aviation function
means a role or activity in connection with aviation that is specified, or of a description specified, by regulations made by the Defence Council for the purposes of those subsections;
- behaviour
includes anything said by him.
- British overseas territory force
means any of Her Majesty's forces that is raised under the law of a British overseas territory;
- British overseas territory police force
has the meaning given by section 375;
- case
includes the case of such a conviction.”
- civil aircraft
means an aircraft that is registered in the United Kingdom and is not a military aircraft;
- civilian court
means a court of ordinary criminal jurisdiction;
- civilian policeman
has the same meaning as in section 314.
- civilian subject to service discipline
has the meaning given by section 370;
- commencement
means the commencement of such provisions of this Act as may be specified by the order.
- Commonwealth country
means a country, other than the United Kingdom, that is a member of the Commonwealth;
- Commonwealth force
means a force of a Commonwealth country;
- community punishment
means— (a) a service community order;
- conditional discharge
has the meaning given by section 185;
- conduct
means an act or omission;
- control
includes discipline.
- Controlled drug
has the meaning given by section 2 of the Misuse of Drugs Act 1971 (c. 38).
- conviction
includes anything that under section 376(1) and (2) of that Act is to be treated as a conviction, and “convicted” is to be read accordingly.”
- corps
means any body of the regular army that may from time to time be declared by Royal Warrant to be a corps.
- court
includes a relevant service court— and the provisions of the Sentencing Code relating to suspended sentence orders apply accordingly to suspended sentence orders made by a relevant service court.
- Court Martial Appeal Rules
means rules made under section 49 of the Court Martial Appeals Act 1968,”
- Court Martial rules
has the meaning given by section 163(1);
- criminal justice enactment
means an enactment which—
- criminal justice matter
means—
- criminal proceedings
includes service proceedings. 13 In this section “service proceedings” means proceedings before a court (other than a civilian court) in respect of a service offence;
- cross-border Special Health Authority
means a Special Health Authority which is established under the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 by virtue of— (a) paragraph 1(2) of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006, or (b) the power under section 28 of the National Health Service Act 2006 and the power under section 22 of the National Health Service (Wales) Act 2006 being exercised together;
- Crown servant
means a person employed by or in the service of the Government of the United Kingdom.
- custodial period
means the period of a custodial sentence (within the meaning of the Armed Forces Act 2006: see section 374 of that Act) which the offender is required to serve in custody;”
- custodial sentence
means— (a) a sentence of imprisonment (as to which, see section 208);
- deserting
has the meaning given by section 8, and references to desertion are to be read accordingly;
- designated area
means an area which—
- detention and training order
includes an order under section 211 of the Armed Forces Act 2006;”
- disability
means any physical or mental impairment.
- disabled facilities grant
has the meaning given by Article 35(4) of the Housing (Northern Ireland) Order 2003;
- discounted sentence
means a sentence passed in accordance with section 304C or this section;
- document
means anything in which information is recorded;
- domestic abuse
has the same meaning as in the Domestic Abuse Act 2021 (see sections 1 and 2 of that Act);
- drug
means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38);
- drug testing officer
means an officer, warrant officer or non-commissioned officer who is authorised by or in accordance with regulations made by the Defence Council for the purpose of obtaining samples for analysis for drugs.
- duly approved
means approved for the purposes of section 12 of the Mental Health Act 1983 by the Secretary of State, or by another person by virtue of section 12ZA or 12ZB of that Act, as having special experience in the diagnosis or treatment of mental disorder.
- enactment
includes an enactment contained in an Act of the Scottish Parliament, in Northern Ireland legislation or in a local Act;
- enemy
includes— (a) all persons engaged in armed operations against any of Her Majesty's forces or against any force co-operating with any of Her Majesty's forces;
- enforcement order
has the same meaning as in section 269A.
- financial penalty
means— (a) a fine or service compensation order imposed by virtue of this Act (including a fine imposed by the Court Martial or the Service Civilian Court under paragraph 11(2)(a) of Schedule 10 to the Sentencing Code by virtue of section 184 and Schedule 6A (breach etc of overseas community order) or a fine or service compensation order with respect to which an order under section 268 (order for service parent or guardian to pay fine or compensation) has been made);
- financial statement order
has the meaning given by subsection (2) of section 266, and subsections (3) and (4) of that section apply in relation to a financial statement order made under this section as they apply in relation to such an order made under that section.
- flight
means a journey by air beginning when the aircraft takes off and ending when it next lands.
- further period of supervision
means a period of supervision imposed under paragraph 3(2)(b) of Schedule 12 to the Sentencing Code;
- grant-aided school
means a grant-aided school within the meaning of the Education and Libraries (Northern Ireland) Order 1986;
- guardian
has the same meaning as in the Children and Young Persons Act 1933 (c. 12);
- guidelines
has the same meaning as in section 259.
- health care
means all forms of health care provided for individuals, whether relating to physical or mental health.
- higher authority
has the meaning given by section 361;
- hospital order
means an order under section 37 of the Mental Health Act 1983 (c. 20) (“the 1983 Act”) as modified by Schedule 4 to this Act;
- Improper interference
includes, in particular, any attempt by a person who is not a service policeman to direct an investigation which is being carried out by the force or (as the case may be) the unit.
- in a qualifying place
means—
- injury
includes any disease and any impairment of a person's physical or mental condition.
- instrument
means an instrument having effect by virtue of an Act or Northern Ireland legislation (and “Act” here includes an Act of the Scottish Parliament).
- integrated care board
means a body established under section 14Z25 of the National Health Service Act 2006;
- investigations
means investigations of matters where service offences have or may have been committed, and includes investigations outside the United Kingdom.
- item subject to legal privilege
has the meaning given by section 10 of PACE.
- judge advocate
has the meaning given by section 362;
- judicial authority
means the Court Martial, the Service Civilian Court or a judge advocate.
- kept in service custody
means— (a) kept in service custody under section 105(2) of the Armed Forces Act 2006, or (b) kept in military, air-force or naval custody under section 75A(2) of the Army Act 1955 or of the Air Force Act 1955 or section 47G(2) of the Naval Discipline Act 1957 (as the case may be);
- lay member
means a member of the Court Martial other than a judge advocate.
- local authority in England
means a county council in England, a district council, a London borough council, the Common Council of the City of London, or the Council of the Isles of Scilly;
- local authority in Scotland
means a council constituted under section 2 of the Local Government etc.
- local authority in Wales
means the council of a county or county borough in Wales;
- local authority landlord
has the same meaning as in the Housing (Scotland) Act 2001 (asp 10) (see section 11(3) of that Act).
- loss
includes temporary loss;
- maintained school
has the same meaning as in the School Standards and Framework Act 1998 (see section 20 of that Act).
- marine function
means a role or activity in connection with a ship or ships that is specified, or of a description specified, by regulations made by the Defence Council for the purposes of those subsections.
- medical establishment
means any facility at which medical or surgical treatment for in- or out-patients is provided;
- medical grounds
means—
- medical report
means a report as to an offender's mental condition made or submitted orally or in writing by a registered medical practitioner who is approved for the purposes of section 12 of the Mental Health Act 1983 (c. 20) by the Secretary of State, or by another person by virtue of section 12ZA or 12ZB of that Act, as having special experience in the diagnosis or treatment of mental disorder.
- member of the provost staff
means— (a) anyone who is, or by reason of section 375(5) of that Act is to be treated as, a service policeman for the purposes of that Act;
- mental disorder
has the same meaning as in the Mental Health Act 1983 (c. 20) and “mentally disordered” is to be read accordingly;
- mental health legislation
means— (a) Part 3 of the Mental Health Act 1983, or (b) the provisions of any earlier enactment corresponding to Part 3 of that Act;
- military aircraft
has the meaning given by section 92 of the Civil Aviation Act 1982 (c. 16);
- minimum height
means the height prescribed by regulations made by the Defence Council.
- minor punishment
means a punishment under row 7 of the Table in section 132 or row 11 of the Table in section 164;
- naval chaplain
means a chaplain in the Royal Navy, the Royal Fleet Reserve or the Royal Naval Reserve.
- non-commissioned officer
includes a person whose rate is chief petty officer, petty officer or leading rate;
- non-maintained special school
means a school which is approved under section 342 of the Education Act 1996;
- offence
includes a service offence (as defined by section 50 of that Act).”
- offence A
means the offence mentioned in paragraph (a) or (b).
- offensive weapon
means any article—
- officer
includes a midshipman;
- overseas community order
has the meaning given by section 182;
- overseas police force
has the meaning given by section 375;
- overseas service hospital
means a service hospital outside the British Islands.
- PACE
means the Police and Criminal Evidence Act 1984 (c. 60);
- period of temporary release on compassionate grounds
means the period beginning with the day after the day when the person is released and ending with the day when he is required to return to custody (or, if earlier, the day when he returns to custody).
- period when the person is unlawfully at large
means (subject to any rules made by virtue of section 300(2)(g))— (a) the period beginning with the day when the person becomes unlawfully at large and ending with the day when the person is taken back into custody (service or otherwise) or returns to the place where the sentence was being served;
- permitted period
means the period—
- pre-sentence report
has the meaning given by section 31(1) of the Sentencing Code.
- preliminary test
means— (a) a preliminary breath test within the meaning of section 93B;
- premises
includes any place and, in particular, includes— (a) any vehicle, ship or aircraft, and (b) any tent or movable structure;
- prescribed
means prescribed by rules under this section
- prescribed documents
means documents prescribed for the purposes of subsection (2)(b) by regulations under section 128.
- prescribed duty
means a duty specified, or of a description specified, by regulations;
- prescribed person
means a person of a description prescribed by regulations made by the Secretary of State.
- presumed
means presumed by the offender;
- primary legislation
means—
- prize court
means a prize court within the meaning of the Naval Prize Act 1864 (c. 25);
- Prohibited article
means—
- Prohibited conduct
means conduct from which it may reasonably be concluded that the person intends to make a finding on a charge or a decision about a sentence otherwise than on the basis of the evidence presented in the proceedings.
- property
includes— (a) real property in England, Wales or Northern Ireland;
- protected prisoner of war
means a person—
- provost officer
means an officer who is a service policeman;
- public inquiry
means an inquiry under the Inquiries Act 2005;
- Public property
means property belonging to or held for the purposes of—
- publish
means make available to the public or a section of the public;
- punishable
means punishable with a criminal penalty.
- qualifying custodial sentence
means—
- qualifying section 42 offence
means an offence under section 42 (criminal conduct) as respects which the corresponding offence under the law of England and Wales is an offence listed in Schedule 9 to the Elections Act 2022;
- qualifying service court
has the same meaning as in section 309;
- record
means a document or an entry in a document;
- referred charge
means—
- registered social worker
means a person registered as a social worker in a register maintained by—
- regular armed forces of the Crown
means the regular forces as defined by section 374 of the Armed Forces Act 2006;”
- regular army
has the meaning given by section 374 of the Armed Forces Act 2006;
- regulations
means regulations made by the Defence Council for the purposes of this section.
- related offence
has the meaning given by section 247.
- relevant body
means a service police force or the tri-service serious crime unit.
- relevant certificate
means a certificate (including an electronic certificate) relating to—
- relevant charge
means—
- relevant child
means a child who falls within paragraph (a) or (b) of section 19(1) above;
- 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.”
- relevant education function
means a function under or by virtue of any of the following—
- relevant elective office
has the same meaning as in Part 5 of the Elections Act 2022 (see section 37 of that Act).
- Relevant family members
means such descriptions of persons connected with a person subject to service law as may be specified.
- relevant financial penalty
means a sentence consisting only of a fine—
- relevant healthcare function
means a function under or by virtue of the National Health Service (Wales) Act 2006.
- relevant housing function
means a function under or by virtue of any of the following—
- relevant investigator
means— (a) a police force listed in section 375;
- relevant Northern Ireland department
means any Northern Ireland department the Secretary of State thinks appropriate;
- Relevant offence
means any of the following—
- relevant pay or pension
means any pay, pension, benefit, bounty, grant or allowance payable to any person in respect of his or any other person's service in Her Majesty's forces.
- relevant person
means a person whose commanding officer is the officer mentioned in subsection (1).
- relevant place
means—
- relevant premises
means premises occupied as a residence by a person subject to service law or a civilian subject to service discipline. 8 Who is the relevant person's “commanding officer” for the purposes of subsection (5)(b) shall be determined by or under regulations made by the Defence Council.”
- relevant prosecutor
means—
- relevant provision
means any of the following provisions of the Road Traffic Offenders Act 1988—
- relevant reservist
means—
- Relevant residential premises
means—
- relevant sentence
means—
- relevant service court
has the same meaning as in Chapter 4 of Part 8 (see section 207).
- relevant service matter
means a matter of a kind about which a service complaint—
- relevant service offence
has the same meaning as in section 304A.
- relevant suspect
means a person reasonably suspected of being a member of a reserve force, or a person liable to recall, who has deserted, is absent without leave or has committed an offence under section 95. 4 In this section “UK police force” has the meaning given by section 375 of the Armed Forces Act 2006.”
- relevant territory
means—
- relevant time
means— a where arraignment takes place within the three months referred to in subsection (1)— i if the defendant is convicted on his retrial, the end of 28 days beginning with the date of conviction;
- remanded for mental health purposes
means remanded or admitted to hospital under section 35, 36 or 38 of the Mental Health Act 1983 or under any corresponding provision of any earlier enactment;
- Reserve Forces Act offence
means an offence within section 50(2)(h) or (i);
- respondent
includes a person who will be a respondent if leave to appeal is granted.”
- restriction order
means an order under section 41 of that Act as so modified.
- reversed
has the same meaning as in section 276 of this Act.
- review
means a review under subsection (1).
- safety-critical duty
means a duty which the commanding officer of the person mentioned in section 93A(1), 93AA(6)(a) or 93E(1) reasonably believes is such that performing the duty with ability impaired by alcohol or drugs would result in a risk of— (a) death;
- safety-critical duty offence
means—
- Schedule 2 offence
means a service offence listed in Schedule 2.
- sentence
includes any order made when dealing with the offender in respect of an offence.
- sentencing
includes the making of any order when dealing with an offender in respect of his offence.
- serious harm
has the meaning given by section 306 of the Sentencing Code;
- service
includes any particular duty or kind of duty.
- service community
means persons subject to service law and civilians subject to service discipline;
- service community order
has the meaning given by section 178;
- service compensation order
has the meaning given by section 175;
- service complaint
means a complaint made under subsection (1) or (2).
- service court
means— a the Court Martial;
- service custody premises
means premises under the control of the Secretary of State for the keeping of persons in service custody.
- service detention
means detention under row 1 of the Table in section 132 or row 4 of the Table in section 164;
- service disciplinary proceedings
means proceedings in respect of a service offence within the meaning of the Armed Forces Act 2006.”
- service hospital
means— at or in which medical or surgical treatment is provided for persons subject to service law.
- service law proceedings
means proceedings under this Act or the Court Martial Appeals Act 1968 (c. 20) (and does not include proceedings relating to offences under sections 344 to 346 or under regulations made by virtue of section 328(4)(b) or 343(5)(b)).