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Armed Forces Act 2006

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Armed Forces Act 2006, Paragraph 1 is up to date with all changes known to be in force on or before 05 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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1(1)In relation to a civilian offender, section 164 (punishments available to Court Martial) has effect as if subsections (4), (6) and (7) were omitted and as if for the Table there were substituted—U.K.

“TABLE

Row NumberPunishmentLimitation
1imprisonment 
2a fine 
3a service community order (defined by section 178)only if subsection (5) permits
4an overseas community order (defined by section 182)only if it appears to the court that the offender will reside outside the United Kingdom when the order is in force
5a conditional discharge (defined by section 185) 
6an absolute discharge (defined by section 185) 
7a service compensation order (defined by section 175) 
[F18 a deprivation order (defined by section 177B)only if section 177C permits]
[F29 a driving disqualification order (defined by section 177G)only if subsection (5A) permits”]

(2)A person is a “civilian offender” for the purposes of this Part of this Schedule if he has committed a service offence and—

(a)he was a civilian when he committed the offence;

(b)he is a civilian when sentenced for the offence; and

(c)he remained a civilian throughout the period between committing the offence and being sentenced.

(3)In sub-paragraph (2) “a civilian” means a person who is—

(a)not a member of the regular forces;

(b)not a member of the reserve forces; and

(c)not liable to recall.

(4)For the purposes of this paragraph a person is “liable to recall” if—

(a)under section 65(1) of the Reserve Forces Act 1996 (c. 14) he is liable to be recalled for service; or

(b)he is liable to be recalled as mentioned in section 35(1) of the Reserve Forces Act 1980 (c. 9).

Textual Amendments

F1Words in Sch. 3 para. 1(1) Table inserted (1.5.2022 for specified purposes, 22.11.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 14(6)(a), 24(1); S.I. 2022/471, reg. 2(f); S.I. 2023/1102, reg. 3

F2Words in Sch. 3 para. 1(1) Table inserted (1.5.2022 for specified purposes, 1.4.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 15(5)(a), 24(1); S.I. 2022/471, reg. 2(f); S.I. 2023/158, reg. 3

Commencement Information

I1Sch. 3 para. 1 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)

I2Sch. 3 para. 1 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

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