- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/01/2008)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 01/01/2008.
There are currently no known outstanding effects for the Armed Forces Act 2001, SCHEDULE 1.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Section 17
1In section 76A(4) of the Army Act 1955 (which provides that a charge against an officer may be dealt with summarily if the officer is below the rank of lieutenant-colonel), for “lieutenant-colonel” there is substituted “colonel”.
2In section 82(2) of that Act (officers who may act as appropriate superior authorities) in paragraph (a) for “or brigadier” there is substituted “, brigadier or commodore”.
3(1)Section 83BB of that Act (cases where charge may be referred back to commanding officer) is amended as follows.
(2)After subsection (2) there is inserted—
“(2A)Where—
(a)a case has been referred to the prosecuting authority otherwise than as a result of an election for court-martial trial,
(b)the prosecuting authority—
(i)in respect of the case or part of the case, does not determine any charge to be preferred, or
(ii)before the commencement of the trial of any charge preferred, discontinues proceedings on that charge, and
(c)the accused is below the rank of colonel,
the prosecuting authority may refer the case, or the part concerned, back to the commanding officer of the accused.”
(3)In subsection (3), after “subsection (1)” there is inserted “or (2A)”.
4After that section there is inserted—
(1)The prosecuting authority may give advice to police forces on all matters relating to offences under this Act (including offences under the Reserve Forces Act 1996 which by virtue of subsection (1) of section 103 of that Act are treated for the purposes mentioned in that subsection as being offences under this Act).
(2)In this section “police force” means any of the following—
(a)the Royal Military Police;
(b)the Royal Navy Regulating Branch;
(c)the Royal Air Force Police;
(d)the Ministry of Defence Police;
(e)any police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);
(f)the metropolitan police force;
(g)the City of London police force;
(h)any police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967;
(i)the Police Service of Northern Ireland;
(j)the British Transport Police;
(k)the National Crime Squad.”
5In section 76A(4) of the Air Force Act 1955 (which provides that a charge against an officer may be dealt with summarily if the officer is below the rank of wing commander), for “wing commander” there is substituted “group captain”.
6In section 82(2) of that Act (officers who may act as appropriate superior authorities), after “general officer” there is inserted “, commodore”.
7(1)Section 83BB of that Act (cases where charge may be referred back to commanding officer) is amended as follows.
(2)After subsection (2) there is inserted—
“(2A)Where—
(a)a case has been referred to the prosecuting authority otherwise than as a result of an election for court-martial trial,
(b)the prosecuting authority—
(i)in respect of the case or part of the case, does not determine any charge to be preferred, or
(ii)before the commencement of the trial of any charge preferred, discontinues proceedings on that charge, and
(c)the accused is below the rank of group captain,
the prosecuting authority may refer the case, or the part concerned, back to the commanding officer of the accused.”
(3)In subsection (3), after “subsection (1)” there is inserted “or (2A)”.
8After that section there is inserted—
(1)The prosecuting authority may give advice to police forces on all matters relating to offences under this Act (including offences under the Reserve Forces Act 1996 which by virtue of subsection (1) of section 103 of that Act are treated for the purposes mentioned in that subsection as being offences under this Act).
(2)In this section “police force” means any of the following—
(a)the Royal Air Force Police;
(b)the Royal Military Police;
(c)the Royal Navy Regulating Branch;
(d)the Ministry of Defence Police;
(e)any police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);
(f)the metropolitan police force;
(g)the City of London police force;
(h)any police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967;
(i)the Police Service of Northern Ireland;
(j)the British Transport Police;
(k)the National Crime Squad.”
9(1)Section 52B of the 1957 Act (investigation of charges by commanding officer) is amended as follows.
(2)In subsection (5), for “subsection (6)” there is substituted “subsections (6) and (6A)”.
(3)For subsection (6) there is substituted—
“(6)The commanding officer may not try summarily any charge which is not capable of being tried summarily.
(6A)The commanding officer may not try summarily any charge against an officer unless—
(a)the commanding officer is of or above the rank of commander,
(b)the rank of the commanding officer is at least two ranks higher than that of the accused, and
(c)the accused is below the rank of captain.
(6B)For the purposes of subsection (6A) above, the holding by any person of any acting rank other than that of commodore is to be disregarded; and in this subsection “acting rank” means rank of any description (however called) such that under Queen’s Regulations a commanding officer has power to order the holder to revert from that rank.”
10In section 52C of that Act (powers of higher authority) after subsection (3) there is inserted—
“(3A)If the charge is against an officer below the rank of captain and is capable of being tried summarily, the higher authority may, subject to subsection (4) below—
(a)in a case where the commanding officer satisfies the conditions in section 52B(6A)(a) and (b) of this Act, refer the charge back to the commanding officer to be so tried, and
(b)in any other case, refer the charge to the appropriate superior authority to be so tried.”
11(1)Section 52D of that Act (summary trial) is amended as follows.
(2)In subsection (2), after “If”, where first occurring, there is inserted “the charge is against a rating and”.
(3)After that subsection there is inserted—
“(2ZA)If the charge is against an officer, the appropriate superior authority shall afford the accused the opportunity of electing court-martial trial.”
(4)In subsection (3), after “commanding officer” there is inserted “or appropriate superior authority”.
(5)For subsection (4) there is substituted—
“(4)If a charge has been referred to higher authority as a result of an election for court-martial trial, and that election is withdrawn with leave, the higher authority shall—
(a)if the accused is a rating, refer the charge back to the commanding officer of the accused;
(b)if the accused is an officer, refer the charge back to the appropriate superior authority;
for the commanding officer or appropriate superior authority to try the charge summarily.”
(6)After subsection (4) there is inserted—
“(4A)Subsections (2) and (2ZA) above do not enable the accused to make a further election for court-martial trial in relation to a charge which has been referred back to the commanding officer or appropriate superior authority under subsection (4) above.
(4B)If, before determining whether the charge is proved, he considers it appropriate to do so, the commanding officer or appropriate superior authority may amend the charge or substitute another charge for it and treat the amended or substituted charge as the charge to be dealt with summarily by him.
(4C)Where under subsection (4B) above a charge is amended or one charge is substituted for another, subsection (2) or (2ZA) above applies in relation to the amended or substituted charge.”
(7)In subsections (5), (6), (7) and (8), after “commanding officer” there is inserted “or appropriate superior authority”.
(8)After subsection (8) there is inserted—
“(9)Nothing in this section or section 52C of this Act shall be taken to prevent an officer from acting as both higher authority and appropriate superior authority in relation to a charge.”
12After section 52E of that Act there is inserted—
(1)A person may act as appropriate superior authority in relation to a person charged with an offence if—
(a)he is of or above the rank of commander, and
(b)his rank is at least two ranks higher than that of the accused.
(2)The appropriate superior authority in relation to a person charged with an offence shall be appointed by the higher authority.
(3)For the purposes of subsection (1) above, the holding by any person of any acting rank other than that of commodore is to be disregarded; and in this subsection “acting rank” means rank of any description (however called) such that under Queen’s Regulations a commanding officer has power to order the holder to revert from that rank.”
13In section 52F of that Act (regulations as to summary trial etc) in subsection (2)—
(a)in paragraph (e), for “a specified description of commanding officer” there is substituted “a commanding officer or appropriate superior authority of a specified description;”, and
(b)for paragraph (k) there is substituted—
“(k)who may act as the higher authority and the appropriate superior authority in specified descriptions of cases;
(l)who is to act as the higher authority and the appropriate superior authority in any particular case.”
14(1)Section 52II of that Act (cases where charge may be referred back to commanding officer) is amended as follows.
(2)After subsection (2) there is inserted—
“(2A)Where—
(a)a case has been referred to the prosecuting authority otherwise than as a result of an election for court-martial trial,
(b)the prosecuting authority—
(i)in respect of the case or part of the case, does not determine any charge to be preferred, or
(ii)before the commencement of the trial of any charge preferred, discontinues proceedings on that charge, and
(c)the accused is below the rank of captain,
the prosecuting authority may refer the case, or the part concerned, back to the commanding officer of the accused.”
(3)In subsection (3), after “subsection (1)” there is inserted “or (2A)”.
15After that section there is inserted—
(1)The prosecuting authority may give advice to police forces on all matters relating to offences under this Act (including offences under the Reserve Forces Act 1996 which by virtue of subsection (1) of section 103 of that Act are treated for the purposes mentioned in that subsection as being offences under this Act).
(2)In this section “police force” means any of the following—
(a)the Royal Navy Regulating Branch;
(b)the Royal Air Force Police;
(c)the Royal Military Police;
(d)the Ministry of Defence Police;
(e)any police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);
(f)the metropolitan police force;
(g)the City of London police force;
(h)any police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967;
(i)the Police Service of Northern Ireland;
(j)the British Transport Police;
(k)the National Crime Squad.”
16In section 122 of that Act (powers of command of members of co-operating military or air forces) in subsection (2), for “section eleven, and section forty-five” there is substituted “sections 11, 45 and 52EE”.
17In section 135(1) of that Act (general interpretation), after the definition of “air signal” there is inserted—
““appropriate superior authority” means a person who may act as an appropriate superior authority by virtue of section 52EE of this Act;”.
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys