Armed Forces Act 2006

Chapter 3 U.K. Interpretation

374 Definitions applying for purposes of whole Act U.K.

In this Act, unless the context otherwise requires—

• “the 2003 Act” means the Criminal Justice Act 2003 (c. 44);

• “absolute discharge” has the meaning given by section 185;

• “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;

• “aircraft” means any machine capable of flight (whether or not propelled by mechanical means), including any description of balloon;

• “airman” means a person whose rank is junior technician, senior aircraftman, leading aircraftman or aircraftman;

• “associated”, in relation to offences, is to be read in accordance with [F1 section 400 of the Sentencing Code];

• “British overseas territory police force” has the meaning given by section 375;

• “capable of being heard summarily”, in relation to a charge, is to be read in accordance with section 52;

• “civilian court” means a court of ordinary criminal jurisdiction;

• “civilian subject to service discipline” has the meaning given by section 370;

• “commanding officer” is to be read in accordance with section 360;

• “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; or

  (b)

  an overseas community order;

• “conditional discharge” has the meaning given by section 185;

• “the corresponding offence under the law of England and Wales”, in relation to an offence under section 42, has the meaning given by that section;

• “the court administration officer” means the court administration officer for the Court Martial, the Service Civilian Court and the Summary Appeal Court appointed under section 363;

• “Court Martial rules” has the meaning given by section 163(1);

• “the Crown Court” means the Crown Court in England and Wales;

• “custodial sentence” means—

  (a)

  a sentence of imprisonment (as to which, see section 208);

  (b)

  a sentence of detention under section 209 [F2 , 221 or 221A (detention of offenders under 18)];

  (c)

  an order under section 211 (detention and training for young offenders);

  (d)

  a sentence of detention during Her Majesty's pleasure under section 218;

  (e)

  a sentence of detention for public protection under section 226 of the 2003 Act passed as a result of section 221 of this Act;

  (ea)

  F3 ...

  (f)

  a sentence of detention under section 228 of that Act passed as a result of section 222 of this Act;

  (g)

  [F4 a sentence of detention in a young offender institution imposed under or as a result of this Act;

  (h)

  a sentence of custody for life imposed under or as a result of this Act;]

• “deserting” has the meaning given by section 8, and references to desertion are to be read accordingly;

• “the Director of Service Prosecutions” means the person appointed under section 364;

• “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;

  (b)

  all pirates; and

  (c)

  all armed mutineers, armed rebels and armed rioters;

• “an ex-regular reserve force” means the Royal Fleet Reserve, the Army Reserve or the Royal Air Force Reserve;

• “fit to stand trial” is to be read in accordance with section 166(2);

• “guardian” has the same meaning as in the Children and Young Persons Act 1933 (c. 12);

• “Her Majesty's air forces”, “Her Majesty's forces” and “Her Majesty's military forces” do not include any Commonwealth force;

• “higher authority” has the meaning given by section 361;

• “judge advocate” has the meaning given by section 362;

• “mental disorder” has the same meaning as in the Mental Health Act 1983 (c. 20) and “mentally disordered” is to be read accordingly;

• “minor punishment” means a punishment under row 7 of the Table in section 132 or row 11 of the Table in section 164;

• “non-commissioned officer” includes a person whose rate is chief petty officer, petty officer or leading rate;

• “officer” includes a midshipman;

• “overseas community order” has the meaning given by section 182;

• “overseas police force” has the meaning given by section 375;

• “PACE” means the Police and Criminal Evidence Act 1984 (c. 60);

• “the prescribed sum” has the meaning given by section 32(9) of the Magistrates' Courts Act 1980 (c. 43);

• “property” includes—

  (a)

  real property in England, Wales or Northern Ireland;

  (b)

  heritable property in Scotland;

  (c)

  property outside the United Kingdom in the nature of real property;

• “provost officer” means an officer who is a service policeman;

• “the regular army” means any of Her Majesty's military forces other than—

  (a)

  the Army Reserve;

  (b)

  the Territorial Army; and

  (c)

  forces raised under the law of a British overseas territory;

• “the regular forces” means the Royal Navy, the Royal Marines, the regular army or the Royal Air Force, and references to “a regular force” are to be read accordingly;

• “the reserve forces” means the Royal Fleet Reserve, the Royal Naval Reserve, the Royal Marines Reserve, the Army Reserve, the Territorial Army, the Royal Air Force Reserve or the Royal Auxiliary Air Force, and references to “a reserve force” are to be read accordingly;

• “SAC rules” has the meaning given by section 151(1);

• “SCC rules” has the meaning given by section 288(1);

• “the Sentencing Act” means the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6);

• “service community order” has the meaning given by section 178;

• “service compensation order” has the meaning given by section 175;

• F5 ...

• [F6 “the Service Complaints Ombudsman” means the person appointed under section 365B;]

• “service detention” means detention under row 1 of the Table in section 132 or row 4 of the Table in section 164;

• “service offence” has the meaning given by section 50;

• “service police force” and “service policeman” have the meanings given by section 375;

• “the Service Prosecuting Authority” means the Director of Service Prosecutions and the persons appointed under section 365 (prosecuting officers);

• “service supervision and punishment order” has the meaning given by section 173;

• “ship” includes a hovercraft and any description of vessel;

• “standard scale” is to be read in accordance with section 377(5) and (7);

• “statutory maximum” is to be read in accordance with section 377(6) and (7);

• “subject to service law” is to be read in accordance with sections 367 to 369 of this Act and section 4(3)(a) (attached Commonwealth personnel) of the Visiting Forces (British Commonwealth) Act 1933 (c. 6);

• “superior officer”, in relation to a person (“A”), means an officer, warrant officer or non-commissioned officer who is subject to service law and—

  (a)

  is of superior rank or rate to A; or

  (b)

  is of equal rank or rate to A and is exercising authority as A's superior;

• “suspended sentence of imprisonment” means a sentence to which an order under [F7 section 286 of the Sentencing Code] relates;

• “suspended sentence of service detention” has the meaning given by section 190;

• [F8 “tri-service serious crime unit” means the unit described in section 375(1A);]

• “UK police force” has the meaning given by section 375;

• “unfit to stand trial” is to be read in accordance with section 166(2);

• “a volunteer reserve force” means the Royal Naval Reserve, the Royal Marines Reserve, the Territorial Army or the Royal Auxiliary Air Force.

Textual Amendments

F1 Words in s. 374 substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 78(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F2 Words in s. 374 substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 78(3)(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F3 Words in s. 374 omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 78(3)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F4 Words in s. 374 inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 78(3)(c) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F5 Words in s. 374 omitted (1.1.2016) by virtue of Armed Forces (Service Complaints and Financial Assistance) Act 2015 (c. 19), s. 7(1), Sch. para. 11(a); S.I. 2015/1957, reg. 2 (with savings and transitional provisions in S.I. 2015/1969)

F6 Words in s. 374 inserted (1.1.2016) by Armed Forces (Service Complaints and Financial Assistance) Act 2015 (c. 19), s. 7(1), Sch. para. 11(b); S.I. 2015/1957, reg. 2 (with savings and transitional provisions in S.I. 2015/1969)

F7 Words in s. 374 substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 78(4) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F8 Words in s. 374 inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 32; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

Modifications etc. (not altering text)

C1 S. 374 definition excluded (31.10.2009) by The Armed Forces (Naval Chaplains) Regulations 2009 (S.I. 2009/826), regs. 1, 4(1)(2) (with reg. 2(c))

C2 S. 374 definition extended (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by S.I. 2009/1059, art. 1, Sch. 2 para. 16 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 5(4))

C3 S. 374 modified (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3) (with s. 5(9)); S.I. 2012/1236, reg. 2

Commencement Information

I1 S. 374 in force at 1.10.2008 for specified purposes by S.I. 2008/1650, art. 2(b)

I2 S. 374 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

I3 S. 374 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

F9 375 Definitions relating to [F9 the service police and other] police forces U.K.

(1) In this Act “service police force” means—

(a) the Royal Navy Police;

(b) the Royal Military Police; or

(c) the Royal Air Force Police;

and “service policeman” means a member of a service police force.

[F10 (1A) In this Act the “tri-service serious crime unit” means a unit under the direction of the Provost Marshal for serious crime, each member of which is a member of a service police force.]

(2) In this Act “UK police force” means—

(a) the Ministry of Defence Police;

(b) any police force maintained under section 2 of the Police Act 1996 (c. 16) (police forces in England and Wales outside London);

(c) the metropolitan police force;

(d) the City of London police force;

[F11 (e) the Police Service of Scotland;]

(f) the Police Service of Northern Ireland; or

(g) the Isle of Man Constabulary.

(3) In this Act “British overseas territory police force” means any force or body which—

(a) is constituted in a British overseas territory; and

(b) is engaged in the carrying on of activities similar to any carried on by a service police force or UK police force.

(4) In this Act “overseas police force” means any force or body which—

(a) is constituted outside the United Kingdom and the Isle of Man; and

(b) is engaged in the carrying on of activities similar to any carried on by a service police force or UK police force.

F12 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Words in s. 375 heading inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 12(4)(a), 24(1); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F10 S. 375(1A) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 12(4)(b), 24(1); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F11 S. 375(2)(e) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 56

F12 S. 375(5) repealed (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 22, Sch. 5; S.I. 2012/669, art. 4(d)(f)(i)

Commencement Information

I4 S. 375(2)-(4) in force at 1.10.2008 by S.I. 2008/1650, art. 2(d)

376 “Conviction”, “sentence” etc in relation to summary hearings and the SAC U.K.

(1) Where a charge against a person in respect of an offence is heard summarily by an officer, subsections (2) to (4) apply for the purposes of references in this Act to conviction, acquittal, sentence or passing sentence, or to any related expressions.

(2) If the officer records a finding that the charge has been proved, or the Summary Appeal Court substitutes a finding that a charge in respect of another offence has been proved, that shall be treated as a conviction.

(3) Any punishment awarded by the officer, or by the Summary Appeal Court, shall be treated as a sentence.

(4) If the officer dismisses the charge under section 131, or the Summary Appeal Court quashes a finding that the charge has been proved, that shall be treated as an acquittal.

(5) In this Act “in open court”, in relation to a summary hearing by an officer, means in the presence of the offender.

Modifications etc. (not altering text)

C4 S. 376(1) applied by 1984 c. 60, s. 113(12A) (as inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 105(9) (with s. 385); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4)

C5 S. 376(1)-(3) applied by S.I. 1978/1908 (N.I. 27), art. 4(1A) (as inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 85 (with s. 385); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4)

C6 S. 376(2) applied by 1984 c. 60, s. 113(12A) (as inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 105(9) (with s. 385); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4)

Commencement Information

I5 S. 376 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I6 S. 376 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

377 Further interpretive provisions U.K.

(1) For the purposes of any provision of this Act which requires the determination of the age of a person by the court, an officer or a judge advocate, his age is to be taken to be that which it appears to the court, officer or judge advocate to be after considering any available evidence.

(2) Any reference in this Act to an offence punishable with imprisonment shall be construed without regard to any prohibition or restriction imposed on the imprisonment of young offenders.

(3) The question whether a member of a regular or reserve force (“force A”) is for the purposes of any provision of this Act of inferior, equal or superior rank or rate to a member of any other such force (“force B”) is to be decided by reference to any provision made by Queen's Regulations which lays down how the ranks or rates in force A relate to the ranks or rates in force B.

(4) For the purposes of this Act, a person is subject to an additional duties commitment if—

(a) he has entered into such a commitment; and

(b) the commitment is still in force.

(5) Any reference in this Act to a specified level on the standard scale is to the amount specified, in relation to that level, in the standard scale for the time being set out in section 37 of the Criminal Justice Act 1982 (c. 48).

(6) Any reference in this Act to the statutory maximum is to the prescribed sum within the meaning of section 32 of the Magistrates' Courts Act 1980 (c. 43).

(7) But subsections (5) and (6) do not apply in relation to any offence in Scotland or Northern Ireland under—

(a) section 344, 345 or 346; or

(b) regulations made by virtue of section 328(4)(b) or 343(5)(b).

Commencement Information

I7 S. 377 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I8 S. 377 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4