Armed Forces Act 2006

53 Offences that may be dealt with at a summary hearing U.K.

(1) The following service offences may be dealt with at a summary hearing—

(a) an offence under section 4(3);

(b) an offence under any of sections 9 to 15;

(c) an offence under section 16(1)(a), or an offence under section 16(1)(c) committed by omission;

(d) an offence under any of sections 17 to 29;

(e) an offence under section 30(1) of negligently doing an act that results in a person's escape, or an offence under section 30(2);

(f) an offence under any of sections 34 to 36;

(g) an offence under section 42 (criminal conduct) within subsection (3);

[F1 (ga) an offence under section 93A, 93E or 93G (testing for alcohol or drugs on suspicion);]

(h) an offence under section 107;

[F2 (i) an offence under section 305 (random drug testing);]

(j) any service offence under regulations under section 328 or 343;

(k) an offence under section 96 or 97 of the Reserve Forces Act 1996 of absence without leave.

(2) Any reference in a paragraph of subsection (1), except paragraph (g), to an offence includes an offence under section 39 of attempting to commit that offence.

(3) An offence under section 42 is within this subsection if the corresponding offence under the law of England and Wales is—

(a) an offence listed in either Part of Schedule 1 (criminal conduct offences that may be dealt with at a summary hearing); or

(b) an offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit an (indictable) offence so listed.

(4) The Secretary of State may by order amend Schedule 1.

Textual Amendments

F1 S. 53(1)(ga) inserted (1.11.2013) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 4 para. 4(2); S.I. 2013/2501, art. 3(d)

F2 S. 53(1)(i) substituted (1.11.2013) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 4 para. 4(3); S.I. 2013/2501, art. 3(d)

Commencement Information

I1 S. 53 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. 53 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4