Armed Forces Act 2006

132 Punishments available to commanding officer U.K.

(1) The second column of the following Table lists the punishments that may be awarded by a commanding officer who has heard a charge summarily, subject in the case of each punishment to any limitation shown in the third column opposite it.

TABLE

Row Number	Punishment	Limitation
1	detention for a term not exceeding the maximum allowed by section 133	only if the person being punished is of or below the rank of— (a) leading rate; (aa) [F1 corporal in the Royal Marines;] (b) lance corporal or lance bombardier [F2 in any of Her Majesty’s military forces]; (c) corporal in any of Her Majesty's air forces [F3 [F4 (see also] subsection (1A))]
2	forfeiture of a specified term of seniority or of all seniority	only if the person being punished is an officer, and only in accordance with section 134
3	reduction in rank, or disrating	only if the person being punished is a warrant officer or non-commissioned officer, only in accordance with section 135, and not to an extent prohibited by regulations under section 135(4)
4	a fine not exceeding the maximum amount allowed by section 136
5	a severe reprimand or a reprimand	only if the person being punished is an officer, warrant officer or non-commissioned officer
6	a service supervision and punishment order (defined by section 173)	only if the person being punished is an able rate, marine, soldier or airman
7	such minor punishments as may from time to time be authorised by regulations made by the Defence Council
8	a service compensation order (defined by section 175) of an amount not exceeding the maximum allowed by section 137
[F5 9	a deprivation order (defined by section 177B)	only if section 177C permits]

[F6 (1A) In row 1 of the Table, in paragraph (c) of the entry in the third column, in relation to the Royal Air Force Regiment, the reference to a corporal is to be read as a reference to a lance corporal.]

(2) Subsection (1) is subject to (in particular)—

(a) section 138 (prohibited combinations of punishments) and any regulations made under that section;

(b) Chapter 1 of Part 9 (general provisions about sentencing).

(3) Where regulations under row 7 of the Table authorise a minor punishment, they may—

(a) confer on the offender's commanding officer a power, when awarding the punishment, to direct that the punishment shall take effect from a date after the date of the award;

(b) confer on the offender's commanding officer the function of deciding the details of the punishment;

(c) provide for the delegation by the commanding officer of any of his functions under the regulations.

Textual Amendments

F1 Words in s. 132(1) Table inserted (1.5.2022) by Armed Forces Act 2021 (c. 35), ss. 13(2)(a), 24(1); S.I. 2022/471, reg. 4(c) (with reg. 5)

F2 Words in s. 132(1) Table inserted (1.5.2022) by Armed Forces Act 2021 (c. 35), ss. 13(2)(b), 24(1); S.I. 2022/471, reg. 4(c) (with reg. 5)

F3 Words in s. 132(1) Table inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), ss. 12(1)(a), 32(3); S.I. 2012/669, art. 4(a)

F4 Words in s. 132(1) Table substituted (1.5.2022) by Armed Forces Act 2021 (c. 35), ss. 13(2)(c), 24(1); S.I. 2022/471, reg. 4(c) (with reg. 5)

F5 Words in s. 132(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(2), 24(1); S.I. 2022/471, reg. 2(f); S.I. 2023/1102, reg. 3

F6 S. 132(1A) substituted (1.5.2022) by Armed Forces Act 2021 (c. 35), ss. 13(3), 24(1); S.I. 2022/471, reg. 4(c) (with reg. 5)

Commencement Information

I1 S. 132 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. 132 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4