Armed Forces Act 2006

48 Provision supplementary to sections 43 to 47 U.K.

(1) This section applies where—

(a) an attempt, agreement or [F1 encouragement or assistance], or a person's aiding, abetting, counselling or procuring, is an offence under section 42 by reason of section 43, 45, 46 or 47; and

(b) the act to which it relates (“the contemplated act”) is not an act that is (or that if done would have been) punishable by the law of England and Wales.

(2) For the following purposes it shall be assumed that the contemplated act amounted to the offence under the law of England and Wales that it would have amounted to if it had been the equivalent act in England or Wales.

(3) Those purposes are—

(a) the purpose of determining what punishment may be imposed for the offence under section 42;

(b) the purpose of determining for the purposes of any of the following provisions of this Act whether the act constituting the offence under section 42, or the equivalent act done in England or Wales, is or would be—

(i) an offence under the law of England and Wales;

(ii) any particular such offence;

(iii) such an offence of any particular description.

Textual Amendments

F1 Words in s. 48(1)(a) substituted (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 5 para. 12 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)

Modifications etc. (not altering text)

C1 S. 48 applied (with modifications) by 2003 c. 44, Sch. 15A para. 52(2) (as inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 13(2), 153(7), Sch. 5; S.I. 2008/1586, art. 2(1), Sch. 1 para. 4 (with Sch. 2 para. 2))

C2 S. 48 applied (with modifications) by 2003 c. 44, s. 233(2) (as substituted (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. 218 (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)

C3 S. 48 applied (with modifications) by 2000 c. 6, s. 114(3) (as substituted (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. 166 (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)

C4 S. 48 applied (with modifications) by 2000 c. 43, s. 27(3) (as substituted (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. 179(3) (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. 48 applied (with modifications) by 1992 c. 34, s. 6(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. 127(3) (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. 48 applied (with modifications) by 2003 c. 42, Sch. 5 para. 172A(2) (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. 213 (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)

C7 S. 48 applied (with modifications) by 2003 c. 42, Sch. 3 para. 93A(3) (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. 212(3) (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)

C8 S. 48 applied (with modifications) by 1982 c. 48, s. 32(2A) (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. 94(4) (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)

C9 S. 48 applied (3.8.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 98(5), 153(7) (with Sch. 27 para. 32); S.I. 2009/1842, art. 2(a)

C10 S. 48 applied (with modifications) by 1991 c. 53, s. 33(1D) (as inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 26(2), 153(7) (with Sch. 27 paras. 89); S.I. 2009/2606, art. 3(b))

C11 S. 48 applied (with modifications) by 2003 c. 44, s. 255A(10) (as inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 29(2), 153(7) (with Sch. 27 para. 11); S.I. 2009/2606, art. 3(c))

C12 S. 48 applied (with modifications) (E.W.) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 15 para. 19(2) (with Sch. 27); S.I. 2020/1236, reg. 2

C13 S. 48 applied (with modifications) (E.W.) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 14 para. 17(2) (with Sch. 27); S.I. 2020/1236, reg. 2

C14 S. 48 applied (30.6.2021) by Overseas Operations (Service Personnel and Veterans) Act 2021 (c. 23), s. 14(2), Sch. 1 para. 16(2); S.I. 2021/678, reg. 2

C15 S. 48 applied (28.6.2022) by 2007 c. 21, s. 28(4E) (as inserted by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 146(f), 208(5)(p))

C16 S. 48 applied (E.W.) (with application in accordance with s. 193(16)-(18) of the amending Act) by 1974 c. 53, s. 5(1ZB) (as inserted by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 193(4), 208(1); S.I. 2023/1128, reg. 2)

Commencement Information

I1 S. 48 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)

I2 S. 48 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4