Statutory Instruments
DEFENCE
Made
15th April 2024
The Secretary of State makes these Regulations in exercise of the powers conferred by section 19(1) of the Armed Forces Act 2016(1).
1.—(1) These Regulations may be cited as the Armed Forces Act 2016 (Commencement No. 4) Regulations 2024.
(2) In these Regulations, “the Act” means the Armed Forces Act 2016.
(3) These Regulations extend to England and Wales, Scotland, Northern Ireland, the Isle of Man and the British overseas territories (except Gibraltar).
2. The following provisions of the Act come into force on 17th April 2024 for the purpose only of conferring power to make subordinate legislation—
(a)section 10 (Review of sentence following offer of assistance),
(b)section 11 (Review of sentence following failure to assist).
Andrew Murrison
Parliamentary Under Secretary of State
Ministry of Defence
15th April 2024
(This note is not part of the Regulations)
These Regulations bring sections 10 and 11 of the Armed Forces Act 2016 (c. 21) partially into force on 17th April 2024 to enable subordinate legislation to be made in connection with those sections before they come fully into force. Sections 10 and 11 amend the Armed Forces Act 2006 (c. 52) and provide for a process for the Court Martial to review a sentence imposed on an offender where that offender has provided assistance to the Director of Service Prosecutions (“DSP”) in the course of an investigation, or where that offender has failed to provide assistance to the DSP after having received a discounted sentence in consequence of having agreed to provide such assistance. Each of these sections provides a power to make regulations for a process of appeals to the Court Martial Appeal Court.
(This note is not part of the Regulations)
The following provisions of the Armed Forces Act 2016 have been brought into force by commencement Regulations made before the date of these Regulations, as indicated in the table below.
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Section 2 (partially) | 19.07.2018 | 2018/876 |
| Section 2 (remainder) | 01.01.2019 | 2018/876 |
| Section 3 (partially) | 22.05.2019 | 2019/961 |
| Section 3 (remainder) | 01.07.2019 | 2019/961 |
| Section 4 (partially) | 22.05.2019 | 2019/961 |
| Section 4 (remainder) | 01.07.2019 | 2019/961 |
| Section 5 (partially) | 22.05.2019 | 2019/961 |
| Section 5 (remainder) | 01.07.2019 | 2019/961 |
| Section 6 | 01.07.2019 | 2019/961 |
| Section 15 | 21.11.2017 | 2017/1131 |