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Armed Forces Act 2006

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Armed Forces Act 2006 is up to date with all changes known to be in force on or before 20 December 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. First Group of Parts Discipline

  3. Part 1 Offences

    1. Assisting an enemy, misconduct on operations etc

      1. 1.Assisting an enemy

      2. 2.Misconduct on operations

      3. 3.Obstructing operations

      4. 4.Looting

      5. 5.Failure to escape etc

    2. Mutiny

      1. 6.Mutiny

      2. 7.Failure to suppress mutiny

    3. Desertion and absence without leave

      1. 8.Desertion

      2. 9.Absence without leave

      3. 10.Failure to cause apprehension of deserters or absentees

    4. Insubordination etc

      1. 11.Misconduct towards a superior officer

      2. 12.Disobedience to lawful commands

      3. 13.Contravention of standing orders

      4. 14.Using force against a sentry etc

    5. Neglect of duty and misconduct

      1. 15.Failure to attend for or perform duty etc

      2. 16.Malingering

      3. 17.Disclosure of information useful to an enemy

      4. 18.Making false records etc

      5. 19.Conduct prejudicial to good order and discipline

      6. 20.Unfitness or misconduct through alcohol or drugs

      7. 20A.Exceeding alcohol limit for prescribed safety-critical duties

      8. 21.Fighting or threatening behaviour etc

      9. 22.Ill-treatment of subordinates

      10. 23.Disgraceful conduct of a cruel or indecent kind

    6. Property offences

      1. 24.Damage to or loss of public or service property

      2. 25.Misapplying or wasting public or service property

      3. 26.Sections 24 and 25: “public property” and “service property”

    7. Offences against service justice

      1. 27.Obstructing or failing to assist a service policeman

      2. 28.Resistance to arrest etc

      3. 29.Offences in relation to service custody

      4. 30.Allowing escape, or unlawful release, of prisoners etc

    8. Ships and aircraft

      1. 31.Hazarding of ship

      2. 32.Giving false air signals etc

      3. 33.Dangerous flying etc

      4. 34.Low flying

      5. 35.Annoyance by flying

      6. 36.Inaccurate certification

      7. 37.Prize offences by officer in command of ship or aircraft

      8. 38.Other prize offences

    9. Attempts, encouragement and assistance , and aiding and abetting

      1. 39.Attempts

      2. 40.Encouraging and assisting

      3. 41.Aiding, abetting, counselling or procuring

    10. Criminal conduct

      1. 42.Criminal conduct

      2. 43.Attempting criminal conduct

      3. 44.Trial of section 42 offence of attempt

      4. 45.Conspiring to commit criminal conduct

      5. 46.Encouraging or assisting criminal conduct

      6. 47.Aiding, abetting, counselling or procuring criminal conduct

      7. 48.Provision supplementary to sections 43 to 47

      8. 49.Air Navigation Order offences

  4. Part 2 Jurisdiction and Time Limits

    1. Chapter 1 Jurisdiction

      1. Court Martial

        1. 50.Jurisdiction of the Court Martial

      2. Service Civilian Court

        1. 51.Jurisdiction of the Service Civilian Court

      3. Commanding officers

        1. 52.Charges capable of being heard summarily

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

        3. 54.Charges which may be heard summarily only with permission or by senior officer

    2. Chapter 2 Time Limits for Commencing Proceedings

      1. Time limits for offences other than Reserve Forces Act offences

        1. 55.Time limit for charging former member of a regular or reserve force

        2. 56.Time limit for charging certain members or former members of ex-regular reserve forces

        3. 57.Time limit for charging person formerly subject to service law

        4. 58.Time limit for charging civilian formerly subject to service discipline

        5. 59.Time limit for charging offence under section 107

        6. 60.Time limit for charging offence under section 266

        7. 61.Sections 55 to 60: exceptions and interpretation

      2. Time limit for Reserve Forces Act offences

        1. 62.Time limit for charging Reserve Forces Act offences

    3. Chapter 3 Double Jeopardy

      1. 63.Service proceedings barring subsequent service proceedings

      2. 64.Service proceedings barring subsequent civilian proceedings

      3. 65.Sections 63 and 64: supplementary

      4. 66.Civilian proceedings barring subsequent service proceedings

  5. Part 3 Powers of Arrest, Search and Entry

    1. Chapter 1 Arrest etc

      1. Powers of arrest

        1. 67.Power of arrest for service offence

        2. 68.Section 67: supplementary

        3. 69.Power of arrest in anticipation of commission of service offence

      2. Search on arrest

        1. 70.Search by service policeman upon arrest

        2. 71.Search by other persons upon arrest

        3. 72.Sections 70 and 71: supplementary

        4. 73.Seizure and retention after search upon arrest

        5. 74.Power to make provision conferring power to search premises at which person arrested

    2. Chapter 2 Stop and Search

      1. 75.Power of service policeman to stop and search persons, vehicles etc

      2. 76.Stop and search by persons other than service policemen

      3. 77.Sections 75 and 76: definitions

      4. 78.Places in which powers under sections 75 and 76 may be exercised

      5. 79.Sections 75 and 76: limitation on searching persons or vehicles in certain gardens etc

      6. 80.Searches under sections 75 and 76: supplementary

      7. 81.Power to make further provision about searches under sections 75 and 76

      8. 82.Application of Chapter to ships and aircraft

    3. Chapter 3 Powers of Entry, Search and Seizure

      1. Entry for purposes of obtaining evidence etc

        1. 83.Power of judge advocate to authorise entry and search

        2. 84.Section 83: definitions

        3. 85.Section 83: power to make supplementary provision

        4. 86.Power to make provision as to access to excluded material etc

        5. 87.Power of CO to authorise entry and search by service policeman

        6. 88.Power of CO to authorise entry and search by other persons

        7. 89.Review by judge advocate of certain searches under section 87 or 88

      2. Entry for purposes of arrest etc

        1. 90.Entry for purpose of arrest etc by a service policeman

        2. 91.Entry for purpose of arrest etc by other persons

      3. Additional powers of entry, search and seizure

        1. 92.Power to make provision conferring powers of entry and search after arrest

        2. 93.Power to make provision conferring power of seizure etc

    4. CHAPTER 3A Testing for alcohol and drugs in connection with a suspected offence or accident

      1. Preliminary testing for alcohol and drugs

        1. 93A.Commanding officer's power to require preliminary tests

        2. 93AA.Section 93A: interpretation

        3. 93B.Preliminary breath test

        4. 93C.Preliminary impairment test

        5. 93D.Preliminary drug test

      2. Provision of specimens for analysis

        1. 93E.Provision of specimens for analysis

        2. 93F.Further provision about specimens under section 93E

        3. 93G.Specimens of blood from persons incapable of consenting

      3. General provisions relating to testing

        1. 93H.Patients in medical establishments

        2. 93I.Definitions for purposes of Chapter 3A

    5. Chapter 4 Supplementary

      1. 94.Property in possession of service police or CO

      2. 94A.Property subject to deprivation order: modification of section 94

      3. 95.Saving provision

      4. 96.“Service living accommodation”, “premises” and other definitions

      5. 97.Power to use reasonable force

  6. Part 4 Custody

    1. Chapter 1 Custody without Charge

      1. 98.Limitations on custody without charge

      2. 99.Authorisation by commanding officer of custody without charge

      3. 100.Review of custody by commanding officer

      4. 101.Extension by judge advocate of custody without charge

      5. 102.Further provision about applications under section 101

      6. 103.Custody without charge: other cases

      7. 104.Custody without charge: supplementary

    2. Chapter 2 Custody etc after Charge

      1. Custody after charge

        1. 105.Custody after charge

        2. 106.Conditions A to D

        3. 107.Release from custody after charge

        4. 108.Review of custody after charge

        5. 109.Custody during proceedings of Court Martial or Service Civilian Court

      2. Arrest after charge

        1. 110.Arrest after charge or during proceedings by order of commanding officer

        2. 111.Arrest during proceedings at direction of court

    3. Chapter 3 Custody Proceedings Rules

      1. 112.Custody proceedings rules

  7. Part 5 Investigation, Charging and Mode of Trial

    1. Chapter 1 Investigation

      1. Duties of commanding officers

        1. 113.CO to ensure service police aware of possibility serious offence committed

        2. 114.CO to ensure service police aware of certain circumstances

        3. 115.Duty of CO with respect to investigation of service offences

      2. Provost Marshal's duty in relation to independence of investigations

        1. 115A.Provost Marshal's duty in relation to independence of investigations

      3. Duty of service policeman following investigation

        1. 116.Referral of case following investigation by service or civilian police

        2. 117.Section 116: position where investigation is of multiple offences or offenders

        3. 118.Duty of service policeman to notify CO of referral to DSP

    2. Chapter 2 Charging and Mode of Trial

      1. Powers of charging etc

        1. 119.Circumstances in which CO has power to charge etc

        2. 120.Power of CO to charge etc

        3. 121.Power of DSP to charge or direct bringing of charge etc

        4. 122.Charges brought by or at direction of DSP

      2. Powers of commanding officer or DSP after charge etc

        1. 123.Powers of CO after charge

        2. 124.CO to hear charge allocated for summary hearing

        3. 125.Powers of DSP in respect of charge allocated for Court Martial trial

        4. 126.Powers of DSP in respect of charge allocated for SCC trial

    3. Chapter 3 Supplementary

      1. 127.Directions by DSP barring further proceedings

      2. 128.Regulations for purposes of Part 5

  8. Part 6 Summary Hearing and Appeals and Review

    1. Chapter 1 Summary Hearing

      1. Right to elect Court Martial trial

        1. 129.Right to elect Court Martial trial

        2. 130.Further consequences of election for Court Martial trial

        3. 130A.Restrictions on DSP's powers to substitute or add charges after election

      2. Summary hearing

        1. 131.Summary hearing

      3. Punishments available to commanding officer

        1. 132.Punishments available to commanding officer

        2. 133.Detention: limits on powers

        3. 134.Forfeiture of seniority: requirement for approval

        4. 135.Reduction in rank: limits on powers

        5. 135A.Extended powers: time for obtaining

        6. 136.Fine: maximum amount

        7. 137.Service compensation orders: maximum amount

        8. 138.Prohibited combinations of punishments

        9. 139.Savings for maximum penalties for offences

    2. Chapter 2 The Summary Appeal Court

      1. 140.The Summary Appeal Court

      2. 141.Right of appeal

      3. 142.Constitution of the SAC for appeals

      4. 143.Officers and warrant officers qualified for membership of the SAC

      5. 144.Officers and warrant officers ineligible for membership in particular circumstances

      6. 145.Open court

      7. 146.Hearing of appeals

      8. 147.Powers of the SAC

      9. 148.Effect of substituted punishment

      10. 149.Making of, and appeals from, decisions of the SAC

      11. 150.Privileges of witnesses and others

      12. 151.SAC rules

    3. Chapter 3 Review of Summary Findings and Punishments

      1. 152.Review of summary findings and punishments

    4. Chapter 4 Summary Hearings etc Rules

      1. 153.Summary hearings etc rules

  9. Part 7 Trial by Court Martial

    1. Chapter 1 The Court Martial

      1. 154.The Court Martial

      2. 155.Constitution of the Court Martial

      3. 156.Officers etc qualified for membership of the Court Martial

      4. 157.Officers etc ineligible for membership in particular circumstances

    2. Chapter 2 Court Martial Proceedings

      1. 158.Open court

      2. 159.Rulings and directions

      3. 160.Decisions of Court Martial: finding and sentence

      4. 161.Power of Court Martial to convict of offence other than that charged

      5. 162.Privileges of witnesses and others

      6. 163.Court Martial rules

      7. 163A.Offences

    3. Chapter 3 Punishments Available to Court Martial

      1. 164.Punishments available to Court Martial

      2. 165.Sentencing powers of Court Martial where election for trial by that court instead of CO

    4. Chapter 4 Findings of Unfitness to Stand Trial and Insanity

      1. 166.Fitness to stand trial

      2. 167.Finding that defendant did the act or made the omission charged

      3. 168.Findings of insanity

      4. 169.Powers where person unfit to stand trial or not guilty by reason of insanity

      5. 170.Service supervision orders

      6. 171.Remission for trial

      7. 172.Provision supplementary to sections 166 and 168

  10. Part 8 Sentencing Powers and Mandatory etc Sentences

    1. Chapter 1 Definition etc of Certain Sentences

      1. Service supervision and punishment orders

        1. 173.Service supervision and punishment orders

        2. 174.Review of service supervision and punishment orders

      2. Service compensation orders

        1. 175.Service compensation orders

        2. 176.Service compensation orders: appeals etc

        3. 177.Review of service compensation orders

        4. 177A.Effect of service compensation order on subsequent award of damages in civil proceedings

      3. Deprivation orders

        1. 177B.Deprivation orders: interpretation

        2. 177C.Deprivation order: availability

        3. 177D.Vehicle to be treated as used for purposes of certain offences

        4. 177E.Exercise of power to make deprivation order

        5. 177F.Application of proceeds of property subject to deprivation order

      4. Driving disqualification orders

        1. 177G.Driving disqualification orders

        2. 177H.Driving disqualification: availability

        3. 177I.Disqualification period

        4. 177J.Extension of disqualification where custodial sentence or service detention also imposed

        5. 177K.Effect of custodial sentence or service detention in other cases

        6. 177L.Requirement to produce licences where driving disqualification order made

        7. 177M.Driving disqualification: power to make equivalent provision to Road Traffic Offenders Act 1988

      5. Service community orders (civilians and dismissed servicemen only)

        1. 178.Service community orders

        2. 179.Review of service community order imposing drug rehabilitation requirement

        3. 180.Transfer of service community order to Scotland or Northern Ireland

        4. 181.Breach, revocation or amendment of service community order

      6. Overseas community orders (civilians only)

        1. 182.Overseas community orders

        2. 183.Overseas community orders: modifications of the Sentencing Code

        3. 184.Breach, revocation or amendment of overseas community order

      7. Conditional or absolute discharge (civilians only)

        1. 185.Conditional or absolute discharge

        2. 186.Commission of further offence by person conditionally discharged

        3. 187.Effect of discharge

    2. Chapter 2 Consecutive Sentences

      1. 188.Consecutive custodial sentences

      2. 189.Consecutive sentences of service detention

    3. Chapter 3 Suspended Sentence of Service Detention

      1. 190.Suspension of sentence of service detention

      2. 191.Activation by Court Martial of suspended sentence of service detention

      3. 192.Activation by Court Martial: appeals

      4. 193.Activation by CO of suspended sentence of service detention

      5. 194.Activation by CO: maximum term

      6. 194A.Extended powers of activation: time for obtaining

      7. 195.Suspended sentences: powers of SAC

    4. Chapter 4 Imprisonment for Term of two years or less

      1. ...

        1. 196.Term of sentence etc

      2. Imprisonment with or without “custody plus” order

        1. 197.Imprisonment with or without a custody plus order

        2. 198.Transfer to Scotland or Northern Ireland of custody plus order

        3. 199.Revocation and amendment of custody plus orders

      3. Suspended sentences of imprisonment

        1. 200.Suspended sentence orders

        2. 200A.Modifications of section 286 of the Sentencing Code

        3. 201.Order without community requirements: provisions not applying

        4. 202.Order with community requirements: disapplication of certain provisions

        5. 203.Review of order with community requirements

        6. 204.Transfer to Scotland or Northern Ireland of order with community requirements

        7. 205.Amendment of order with community requirements

        8. 206.Suspended sentence: further conviction or breach of community requirement

      4. Supplementary

        1. 207.Definitions for purposes of Chapter

    5. Chapter 5 Young Offenders: Custodial Sentences Available to Service Courts

      1. Prohibition on imposing imprisonment on persons under 18

        1. 208.Prohibition on imposing imprisonment on persons under 21

      2. Detention for certain serious offences

        1. 209.Offenders under 18 convicted of certain serious offences: detention for specified period

        2. 210.Detention under section 209: place of detention etc

        3. 210A.Offenders under 21: offences other than murder; discretionary custody for life

        4. 210B.Offenders under 21: power to impose detention in a young offender institution

      3. Detention and training orders

        1. 211.Offenders under 18: detention and training orders

        2. 212.Term of detention and training order: general

        3. 213.Application of provisions relating to civilian detention and training orders

        4. 213A.Period in service custody: effect on term of detention and training order

        5. 213B.Period of custody awaiting extradition: effect on term of detention and training order

        6. 214.Offences during currency of detention and training order

        7. 215.Section 214: definitions etc

        8. 216.Appeals against orders under section 214

    6. Chapter 6 Mandatory etc Custodial Sentences for Certain Offences

      1. Mandatory sentences

        1. 217.Mandatory life imprisonment

        2. 218.Offenders who commit murder etc when under 18: mandatory detention at Her Majesty's pleasure

      2. Required or discretionary sentences for particular offences

        1. 218A.Life sentence for second listed offence

        2. 219. Life sentence for certain dangerous offenders aged 18 or over

        3. 219A.Extended sentence for certain violent , sexual or terrorism offenders aged 18 or over

        4. 220.Certain violent or sexual offences: offenders aged 18 or over

        5. 221. Life sentence for certain dangerous offenders aged under 18

        6. 221A.Extended sentence for certain violent , sexual or terrorism offenders aged under 18

        7. 222.Offenders aged under 18: certain violent or sexual offences

        8. 223.“The required opinion” for purposes of sections 219 to 221A

        9. 224.Place of detention for extended sentences for offenders aged under 18

        10. 224A.Special custodial sentence for certain offenders of particular concern

        11. 225.Third drug trafficking offence

        12. 226.Third domestic burglary

        13. 227.Firearms offences

        14. 227A.Offences of threatening with a weapon in public or on school premises

        15. 228.Appeals where previous convictions set aside

    7. Chapter 7 Court Orders Other Than Sentences

      1. Service restraining orders

        1. 229.Service restraining orders

        2. 230.Service restraining orders: supplementary

        3. 231.Service restraining orders: appeals

        4. 232.Service restraining orders: variation and revocation

      2. Service sexual offences prevention orders etc

        1. 232A.Service sexual offences prevention orders

        2. 232B.Service SOPOs: appeals

        3. 232C.Service SOPOs etc: variation and revocation

        4. 232D.Variation or revocation: appeals

        5. 232E.Extended prohibitions orders

        6. 232F.Extended prohibitions orders: appeals

        7. 232G.Offence: breach of order under section 232A or 232E

      3. Order for parent or guardian to enter into recognizance

        1. 233.Order for service parent or service guardian to enter into recognizance

        2. 234.Recognizances and fines under section 233: further provision

        3. 235.Recognizances: appeals, variation and revocation

        4. 236.Forfeiture of recognizance

      4. Disqualification of offenders for holding elective office etc

        1. 236A.Disqualification orders

        2. 236B.Effect of disqualification order

  11. Part 9 Sentencing: Principles and Procedures

    1. Chapter 1 Principles and Procedures applying to Service Courts and Summary Hearings

      1. General sentencing principles

        1. 237.Duty to have regard to purposes of sentencing etc

        2. 238.Deciding the seriousness of an offence

        3. 239.Reduction in sentences for guilty pleas

        4. 240.Increase in sentence for racial or religious aggravation

        5. 241.Increase in sentence for aggravation related to disability , sexual orientation or transgender identity

      2. Service detention and custodial sentences

        1. 242.Service detention: general restriction

        2. 243.Length of term of service detention: general provision

        3. 244.Limit on combined term of sentences of service detention

        4. 245.Section 244: supplementary

        5. 246.Crediting of time in service custody: terms of imprisonment and detention

        6. 247.Crediting of time in service custody: supplementary

      3. Forfeiture of seniority and reduction in rank

        1. 248.Forfeiture of seniority and reduction in rank or disrating: general restriction

      4. Financial punishments

        1. 249.Fixing of fines

        2. 250.Determination of service compensation order

        3. 251.Power to allow payment of fine or service compensation order by instalments

      5. Reasons

        1. 252.Duty to give reasons and explain sentence

        2. 253.Duties in complying with section 252

      6. Savings

        1. 254.Savings for powers to mitigate sentence etc

    2. Chapter 2 Principles and Procedures applying to Service Courts Only

      1. General

        1. 255.Individual sentence for each offence

        2. 256.Pre-sentence reports

        3. 257.Pre-sentence reports: supplementary

        4. 258.Mentally disordered offenders: requirement for medical report

        5. 259.Sentencing guidelines

      2. Custodial sentences and service detention

        1. 260.Discretionary custodial sentences: general restrictions

        2. 261.Length of discretionary custodial sentences: general provision

        3. 261A.Life sentences: further provision

        4. 262.Power to recommend licence conditions

        5. 262A.Conversion of sentence of detention to sentence of imprisonment

        6. 263.Restriction on imposing custodial sentence or service detention on unrepresented offender

        7. 264.Effect of duties to pass custodial sentences on other powers of punishment

      3. Dismissal

        1. 265.Dismissal: general restrictions

      4. Financial punishments

        1. 266.Financial statement orders

        2. 267.Power of court to remit fine

        3. 268.Order for service parent or service guardian to pay fine or compensation

        4. 269.Fixing of fine or compensation to be paid by parent or guardian

        5. 269A.Fines: fixing of term of imprisonment for default

        6. 269B.Service compensation orders: power to set maximum term of imprisonment for default

        7. 269C.Orders under section 269A or 269B against service parents or service guardians: appeals

      5. Community punishments

        1. 270.Community punishments: general restrictions etc

        2. 270A.Exception to restrictions on community punishments

    3. Chapter 3 Supplementary

      1. 271.Civilian courts dealing with service offences

  12. Part 10 Court Martial Decisions: Appeals and Review

    1. Chapter 1 Appeals from Court Martial

      1. 272.Appeals to the Court Martial Appeal Court

    2. Chapter 2 Review of Court Martial Sentence

      1. 273.Review of unduly lenient sentence by Court Martial Appeal Court

      2. 274.Reference of point of law to Supreme Court

      3. 275.Power to make supplementary provision about review of sentence

    3. Chapter 3 Compensation for Miscarriages of Justice

      1. 276.Compensation for miscarriages of justice

      2. 276A.Miscarriages of justice: amount of compensation

      3. 276B.Cases where person has been detained for at least 10 years

  13. Part 11 The Service Civilian Court

    1. The Service Civilian Court: court and proceedings

      1. 277.The Service Civilian Court

      2. 278.Constitution and proceedings of the Service Civilian Court

      3. 279.Court must consider whether trial by Court Martial more appropriate

      4. 280.Right to elect trial by Court Martial instead of by SCC

      5. 281.Power of SCC to convict of offence other than that charged

    2. Punishments available to Service Civilian Court

      1. 282.Punishments available to Service Civilian Court

      2. 283.Imprisonment: maximum term

      3. 284.Fines and compensation orders: maximum amounts

    3. Appeals from Service Civilian Court

      1. 285.Right of appeal from SCC

      2. 286.Hearing of appeals from SCC

      3. 287.Findings made and sentences passed by Court Martial on appeal from SCC

    4. SCC rules

      1. 288.SCC rules

  14. Part 12 Service and Effect of Certain Sentences

    1. Commencement of sentence

      1. 289.Commencement of sentences of the Court Martial and Service Civilian Court

      2. 290.Commencement of term of service detention awarded by CO

      3. 291.Commencement of consecutive term of service detention awarded by CO

      4. 292.Commencement of suspended sentence activated by CO

    2. Effect of custodial sentence or detention on rank or rate

      1. 293.Effect on rank or rate of WOs and NCOs of custodial sentence or sentence of service detention

      2. 294.Rank or rate of WOs and NCOs while in custody pursuant to custodial sentence etc

    3. Effect of dismissal

      1. 295.Effect of sentence of dismissal

    4. Service of sentence

      1. 296.Service detention

      2. 297.Detention in service custody following passing of custodial sentence etc

      3. 298.Removal to England and Wales following passing of custodial sentence etc

      4. 299.Duty to receive prisoners

      5. 300.Service custody etc rules

      6. 301.Duration of sentences: persons unlawfully at large or on temporary release

      7. 302.Remission of certain sentences on passing of custodial sentence etc

      8. 303.Power of service policeman to arrest person unlawfully at large

    5. Supplementary

      1. 304.Sentences passed by civilian courts

  15. PART 12A Offenders assisting investigations and prosecutions

    1. 304A.Immunity from prosecution

    2. 304B.Undertakings as to use of evidence

    3. 304C.Reduction in sentence

    4. 304D.Review of sentence following offer of assistance

    5. 304E.Review of sentence following failure to assist

    6. 304F.Sections 304C to 304E: statements in open court

    7. 304G.Sections 304D and 304E: exclusion of public from review proceedings

    8. 304H.Meaning of “sentence”

  16. Part 13 Discipline: Miscellaneous and Supplementary

    1. Chapter 1 Random Drug Testing

      1. 305.Random drug testing

      2. 306.Testing for alcohol and drugs after serious incident

      3. 307.Definitions etc for purposes of section 306

      4. 308. Section 305: supplementary

    2. Chapter 2 Contempt of Court

      1. 309.Offences of misbehaviour in court etc

      2. 310.Power to detain before dealing with section 309 offence

      3. 311.Certification to civil courts

      4. 312.Decisions of court under section 309: making and effect

    3. Chapter 3 Arrest and Detention by Civil Authorities

      1. Arrest for service offences

        1. 313.Arrest by civilian police under warrant of judge advocate

      2. Arrest etc for desertion or absence without leave

        1. 314.Arrest by civilian police of deserters and absentees without leave

        2. 315.Deserters and absentees without leave surrendering to civilian police

        3. 316.Proceedings before civilian court where person suspected of illegal absence

        4. 317.Warrant for the arrest of persons released under section 315(4)(c) or 316(3)(a)(ii)

      3. Arrest of persons unlawfully at large

        1. 318.Arrest by civilian police of persons unlawfully at large

      4. Supplementary

        1. 319.Certificates in connection with transfer to service custody etc

        2. 320.Power to use reasonable force

    4. Chapter 3A Guidance on Exercise of Criminal Jurisdiction

      1. 320A.Guidance on exercise of criminal jurisdiction: England or Wales

      2. 320B.Guidance on exercise of criminal jurisdiction: Scotland

      3. 320C.Guidance on exercise of criminal jurisdiction: Northern Ireland

    5. Chapter 4 Powers of the Criminal Cases Review Commission

      1. 321.Powers of the Criminal Cases Review Commission

    6. Chapter 4A Inspection of service police investigations

      1. 321A.Inspection of service police investigations

      2. 321B.Inspectors' reports to be laid before Parliament

    7. Chapter 5 Supplementary

      1. Financial penalty enforcement orders

        1. 322.Financial penalty enforcement orders

      2. Power to make provision in consequence of criminal justice enactments

        1. 323.Power to make provision in consequence of criminal justice enactments

        2. 324.Section 323: definitions

      3. Other supplementary provisions

        1. 325.Evidential burden as respects excuses

        2. 326.Exclusion of enactments requiring consent of Attorney General or DPP

        3. 327.Local probation boards

  17. Second Group of Parts Miscellaneous Matters

  18. Part 14 Enlistment, Terms of Service etc

    1. Enlistment, terms of service etc

      1. 328.Enlistment

      2. 329.Terms and conditions of enlistment and service

      3. 330.Desertion and absence without leave: forfeiture of service etc

      4. 331.Discharge etc from the regular forces and transfer to the reserve forces

      5. 332.Administrative reduction in rank or rate

      6. 333.Pay, bounty and allowances

    2. Redress of individual grievances

      1. 334.Redress of individual grievances: service complaints

      2. 335.Service complaints: role of Defence Council and service complaint panels

      3. 336.Composition and procedure of service complaint panels

      4. 336A.Requirement to delegate to service complaint panel

      5. 337.Reference of individual grievance to Her Majesty

    3. Role of Service Complaints Commissioner

      1. 338.Referral by Service Complaints Commissioner of certain allegations

      2. 339.Reports by Commissioner on system for dealing with service complaints etc

    4. Restriction on aliens

      1. 340.Restriction on aliens in regular forces etc

  19. Part 14A Redress of service complaints

    1. Service complaints

      1. 340A.Who can make a service complaint?

      2. 340B.Procedure for making a complaint and determining admissibility

    2. Decisions and appeals

      1. 340C.Decisions on service complaints

      2. 340D.Appeals

      3. 340E.Further provision about persons and panels deciding service complaints etc

    3. Investigation, delegation and time limits

      1. 340F.Investigation of complaints and delegation of Defence Council functions

      2. 340G.Service complaints: other time limits

    4. Investigations by Service Complaints Ombudsman

      1. 340H.Ombudsman investigations

      2. 340I.Procedure on Ombudsman investigations

      3. 340J.Power to require information, documents and evidence

      4. 340K.Obstruction and contempt

    5. Reports of investigation

      1. 340L.Report and recommendations

      2. 340M.Action following receipt of report

    6. Service Complaints Ombudsman's function of referring allegations

      1. 340N.Referral of certain allegations

    7. Annual report by Service Complaints Ombudsman

      1. 340O.Annual report on system for dealing with service complaints

  20. Part 14B Service police: complaints, misconduct etc

    1. Functions of the Service Police Complaints Commissioner

      1. 340P.Complaints, misconduct etc

      2. 340Q.Investigation of concerns raised by whistle-blowers

    2. Super-complaints

      1. 340R.Power to make super-complaints

  21. Part 15 Forfeitures and Deductions

    1. 341.Forfeitures and deductions: general provisions

    2. 342.Permitted forfeitures and deductions

  22. Part 16 Inquiries

    1. 343.Service inquiries

  23. Part 16A Armed forces covenant report

    1. 343A.Armed forces covenant report

    2. 343AA.Due regard to principles: England

    3. 343AB.Due regard to principles: Wales

    4. 343AC.Due regard to principles: Scotland

    5. 343AD.Due regard to principles: Northern Ireland

    6. 343AE.Sections 343AA to 343AD: guidance

    7. 343AF.Sections 343AA to 343AD: power to add bodies and functions

    8. 343B.Interpretation of Part

  24. Part 17 Miscellaneous

    1. Offences relating to service matters punishable by civilian courts

      1. 344.Aiding or abetting etc desertion or absence without leave

      2. 345.Aiding or abetting etc malingering

      3. 346.Obstructing persons subject to service law in course of duty

      4. 347.Sections 344 to 346: supplementary provisions

      5. 348.British overseas territories: references to maximum penalties

    2. Exemptions from certain civil matters

      1. 349.Exemption from tolls and charges

      2. 350.Exemption of property used for service purposes from execution

    3. Powers of officers etc

      1. 351.Detention etc of persons in overseas service hospitals

      2. 352.Power to take affidavits and declarations

    4. Protection of children of service families

      1. 353.Protection of children of service families

    5. Miscellaneous

      1. 354.Extension of powers of command dependent on rank or rate

      2. 355.Service of process

      3. 356.Avoidance of assignment of or charge on pay and pensions etc

      4. 357.Power of British overseas territory to apply Act, etc

      5. 358.Amendments relating to reserve forces

      6. 359.Pardons for servicemen executed for disciplinary offences: recognition as victims of First World War

  25. Third Group of Parts General

  26. Part 18 Commanding Officer and Other Persons with Functions under Act

    1. Officers

      1. 360.Meaning of “commanding officer”

      2. 361.Meaning of “higher authority”

    2. Court officials

      1. 362.Judge advocates

      2. 363.Court administration officer

    3. Service Prosecuting Authority

      1. 364.Director of Service Prosecutions

      2. 365.Prosecuting officers

    4. Provost Marshals

      1. 365A.Provost Marshals: appointment

    5. Service Complaints Ombudsman

      1. 365B.Service Complaints Ombudsman

    6. Service Police Complaints Commissioner

      1. 365BA.Service Police Complaints Commissioner

      2. 365BB.Investigating officers

    7. ...

      1. 366.Service Complaints Commissioner

  27. Part 19 Supplementary

    1. Chapter 1 Application of Act

      1. Persons subject to service law

        1. 367.Persons subject to service law: regular and reserve forces

        2. 368.References to members of the regular forces

        3. 369.Members of British overseas territories' forces serving with UK forces

      2. Civilians subject to service discipline

        1. 370.Civilians subject to service discipline

      3. Naval chaplains

        1. 371.Naval chaplains

      4. Protected prisoners of war

        1. 371A.Power to make provision in relation to protected prisoners of war

    2. Chapter 2 Other Supplementary Provisions

      1. 372.Evidence in proceedings before civilian courts

      2. 373.Orders, regulations and rules

    3. Chapter 3 Interpretation

      1. 374.Definitions applying for purposes of whole Act

      2. 375.Definitions relating to the service police and other police forces

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

      4. 377.Further interpretive provisions

    4. Chapter 4 Final Provisions

      1. 378.Minor and consequential amendments and repeals

      2. 379.Power to make further amendments and repeals

      3. 380.Power to make transitional and transitory provision

      4. 381.Alignment of SDAs etc with this Act

      5. 382.Duration of this Act

      6. 383.Commencement

      7. 384.Extent to Channel Islands, Isle of Man and British overseas territories

      8. 385.Extent of applied enactments

      9. 386.Short title

  28. SCHEDULES

    1. SCHEDULE 1

      Criminal conduct offences that may be dealt with at a summary hearing

      1. Part 1 Offences that may be dealt with without permission

        1. 1.An offence under section 1 of the Theft Act 1968...

        2. 2.An offence under section 12 of that Act (taking vehicle...

        3. 3.An offence under section 5(2) of the Misuse of Drugs...

        4. 4.An offence under section 1(1) of the Criminal Damage Act...

        5. 5.An offence under section 3 of the Theft Act 1978...

        6. 6.An offence under section 9 of the Criminal Attempts Act...

        7. 7.An offence under section 39 of the Criminal Justice Act...

        8. 8.An offence under section 3 of the Road Traffic Act...

        9. 9.An offence under section 5 of that Act (driving a...

        10. 9A.An offence under section 5A of that Act (driving a...

        11. 10.An offence under section 25 of that Act (tampering with...

        12. 11.An offence under section 28 of that Act (dangerous cycling)....

        13. 12.An offence under section 29 of that Act (careless cycling...

      2. Part 2 Offences that may be dealt with only with permission

        1. 13.An offence under section 47 of the Offences against the...

        2. 14.An offence under section 1 of the Prevention of Crime...

        3. 14A.An offence under section 1(1A) of the Restriction of Offensive...

        4. 15.An offence under section 13 of the Theft Act 1968...

        5. 16.An offence under section 139 of the Criminal Justice Act...

        6. 16A.An offence under section 141(1A) of the Criminal Justice Act...

        7. 17.An offence under section 125 of the Communications Act 2003...

        8. 18.An offence under section 126 of that Act (possession or...

        9. 19.An offence under section 1 of the Fraud Act 2006...

        10. 20.An offence under section 11 of that Act (dishonestly obtaining...

        11. 21.An offence under section 1(1) of the Offensive Weapons Act...

        12. 22.An offence under section 3(2) or (3) of the Offensive...

        13. 23.An offence under section 6(1) of the Offensive Weapons Act...

        14. 24.An offence under section 38(2) or (3) of the Offensive...

    2. SCHEDULE 2

      “Schedule 2 offences”

      1. 1.An offence under section 1 (assisting an enemy).

      2. 2.An offence under section 2(1) (misconduct on operations).

      3. 3.An offence under section 3 (obstructing operations) which relates to...

      4. 4.An offence under section 4(1) or (2) (looting).

      5. 5.An offence under section 6 (mutiny).

      6. 6.An offence under section 7 (failure to suppress mutiny).

      7. 7.An offence under section 8 (desertion) where the accused intended...

      8. 8.An offence under section 31(1) (hazarding of ship).

      9. 9.An offence under section 33(1) (dangerous flying etc).

      10. 10.An offence under section 39 of attempting to commit an...

      11. 11.An offence under section 40 of encouraging or assisting the...

      12. 12.An offence under section 42 (criminal conduct) as respects which...

      13. 13.An offence under section 42 as respects which the corresponding...

      14. 14.An offence under paragraph 4 of Schedule 2A (lay member...

      15. 15.An offence under paragraph 5 of Schedule 2A (disclosing information...

    3. SCHEDULE 2A

      Offences relating to members of the Court Martial

      1. Interpretation

        1. 1.(1) In this Schedule, “ lay member ” means a...

      2. Research by lay members

        1. 2.(1) It is an offence for a lay member of...

      3. Sharing research with other lay members

        1. 3.(1) It is an offence for a lay member of...

      4. Engaging in other prohibited conduct

        1. 4.(1) It is an offence for a lay member of...

      5. Disclosing information about members' deliberations etc

        1. 5.(1) It is an offence for a person intentionally—

      6. Disclosing information about members' deliberations etc: initial exceptions

        1. 6.(1) It is not an offence under paragraph 5 for...

      7. Disclosing information about members' deliberations etc: further exceptions

        1. 7.(1) It is not an offence under paragraph 5 for...

      8. Disclosing information about members' deliberations: exceptions for soliciting disclosures or obtaining information

        1. 8.(1) It is not an offence under paragraph 5 to...

      9. Saving for contempt of court

        1. 9.Nothing in paragraph 2, 3 or 4 affects what constitutes...

    4. SCHEDULE 3

      Civilians etc: modifications of Court Martial sentencing powers

      1. Part 1 Civilian offenders

        1. 1.(1) In relation to a civilian offender, section 164 (punishments...

        2. 2.For the purposes of determining the Court Martial's powers when...

      2. Part 2 Ex-servicemen etc

        1. 3.(1) In relation to an offender to whom this Part...

        2. 4.For the purposes of determining the Court Martial's powers when...

    5. SCHEDULE 3A

      Court Martial sentencing powers where election for trial by that court instead of CO

      1. Part 1 Relevant offences

        1. 1.For the purposes of this Schedule an offence is “relevant”...

        2. 2.An offence of which a person is convicted falls within...

        3. 3.An offence of which a person (“the accused”) is convicted...

        4. 4.Where— (a) a person (“the accused”) elects Court Martial trial...

        5. 5.Where— (a) a person (“the accused”) is charged with an...

      2. Part 2 Sentencing powers etc

        1. 6.Sentencing powers: single relevant offence

        2. 7.(1) This paragraph applies where— (a) the Court Martial convicts ...

        3. 8.Multiple relevant offences

        4. 9.Sentencing powers: multiple relevant offences

        5. 10.Further provision about sentencing

        6. 11.Where the Court Martial is dealing with an offender for ...

        7. 12.Activation of suspended sentence of detention

        8. 13.Court orders other than sentences

        9. 14.Review of unduly lenient sentences

        10. 15.Appeals: application of Court Martial Appeals Act 1968 to multiple ...

      3. Part 3 Interpretation

        1. 16.“Commanding officer”

        2. 17.Substituted charges

    6. SCHEDULE 4

      Unfitness and insanity: modifications of Mental Health Act 1983

      1. Hospital orders

        1. 1.For the purposes of section 169(2)(a) of this Act, section...

      2. Restriction orders

        1. 2.For the purposes of section 169(2)(a) of this Act, section...

      3. Remand orders

        1. 3.In relation to a case where section 169 applies but...

        2. 4.In relation to a case where section 169 applies but...

      4. Interim hospital orders

        1. 5.(1) In relation to a case where section 169 applies...

    7. SCHEDULE 5

      Breach, revocation and amendment of community punishments

      1. Part 1 Service community orders

        1. General

          1. 1.(1) In Schedule 8 to the 2003 Act (breach, revocation...

        2. Breach of requirement of order

          1. 2.Paragraphs 5(1)(b) and 6(1) of that Schedule (warning and laying...

          2. 2A.Paragraph 6A(1) of that Schedule (role of enforcement officer) has...

          3. 3.Paragraph 8 of that Schedule (issue of summons or warrant...

        3. Revocation of order

          1. 4.Paragraph 14 of that Schedule (Crown Court's powers of revocation)...

        4. Amendment of order

          1. 5.In Part 4 of that Schedule (amendment of order) as...

          2. 6.In paragraph 19 of that Schedule (amendment in relation to...

        5. Powers of civilian courts in relation to order following subsequent conviction

          1. 7.Paragraph 22 of that Schedule (committal to Crown Court on...

        6. Re-sentencing powers

          1. 8.(1) This paragraph applies for the purposes of construing the...

          2. 9.Where a sentence is passed by virtue of paragraph 8...

      2. Part 2 Overseas community orders

        1. General

          1. 10.(1) In Schedule 8 to the 2003 Act (breach, revocation...

          2. 11.(1) For the purposes of that Schedule as it applies...

        2. Breach of requirement of order

          1. 12.Paragraphs 5(1)(b) and 6(1) of that Schedule (warning and laying...

          2. 12A.Paragraph 5(1) of that Schedule (duty to give warning) has...

          3. 12B.Paragraph 6(1) of that Schedule (breach of order after warning)...

          4. 13.Paragraph 8 of that Schedule (issue of summons or warrant...

          5. 14.Paragraph 10 of that Schedule (powers of Crown Court on...

          6. 14A.(1) The following provisions apply where the Court Martial or...

        3. Revocation of order

          1. 15.Paragraph 14 of that Schedule (Crown Court's powers of revocation)...

        4. Amendment of order

          1. 16.In Part 4 of that Schedule (amendment of order) as...

          2. 17.Paragraph 17 of that Schedule has effect in relation to...

        5. Powers in relation to order following subsequent conviction

          1. 18.Paragraph 21 of that Schedule (powers of magistrates' court on...

          2. 19.Paragraph 23 of that Schedule (powers of Crown Court on...

        6. Supplementary provisions relating to orders

          1. 20.In paragraph 26 of that Schedule as it applies to...

          2. 21.Paragraph 27 of that Schedule has effect in relation to...

        7. Court Martial rules

          1. 22.If Court Martial rules provide that powers of the Court...

        8. Appeals

          1. 23.A person who— (a) is sentenced by the Court Martial...

    8. SCHEDULE 6

      Overseas community orders: young offenders

      1. Unpaid work requirement

        1. 1.An unpaid work requirement, as defined by paragraph 1(1) of...

      2. Exclusion requirement

        1. 2.Where an exclusion requirement, as defined by paragraph 11(1) of...

      3. Residence requirement

        1. 3.(1) In relation to an overseas community order made in...

      4. Mental health requirement

        1. 4.(1) In paragraph 17(1) of Schedule 9 to the Sentencing...

      5. Drug rehabilitation requirement

        1. 5.(1) In relation to an overseas community order made in...

      6. Alcohol treatment requirement

        1. 6.An alcohol treatment requirement, as defined by paragraph 23(1) of...

      7. Education requirement

        1. 7.(1) An overseas community order made in respect of an...

      8. Power to amend

        1. 8.The powers of the Secretary of State under paragraph 13...

    9. SCHEDULE 6A

      Breach, revocation and amendment of overseas community orders

      1. 1.Schedule 10 to the Sentencing Code (breach, revocation or amendment...

      2. Preliminary

        1. 2.Part 1 (preliminary) has effect as if—

      3. Breach of requirement of order

        1. 3.Part 2 (breach of requirement of order) has effect as...

        2. 4.Paragraph 6 (duty to give warning or refer matter to...

        3. 5.The paragraph 8A (substituted for paragraphs 8 and 9) is...

        4. 6.Paragraph 11 (powers of Crown Court) has effect as if—...

        5. 7.The paragraph 11A to be inserted after paragraph 11 is...

      4. Revocation of order

        1. 8.Part 3 (revocation of order with or without re-sentencing) has...

      5. Amendment of order

        1. 9.Part 4 (amendment of order) has effect as if—

      6. Conviction of further offence

        1. 10.Part 5 (conviction of further offence) has effect as if—...

      7. Supplementary

        1. 11.Part 6 (supplementary) has effect as if—

        2. 12.Paragraph 27 (provision of copies of orders etc) has effect...

      8. Court Martial Rules

        1. 13.If Court Martial Rules provide that powers of the Court...

      9. Appeals

        1. 14.A person who— (a) is sentenced by the Court Martial...

    10. SCHEDULE 7

      Suspended sentence orders: breach or amendment; effect of further conviction

      1. 1.Schedule 16 to the Sentencing Code (breach or amendment of...

      2. Preliminary

        1. 2.Part 1 (preliminary) has effect as if—

      3. Breach of community requirement or conviction of further offence

        1. 3.Part 2 (breach of community requirement or conviction of further...

        2. 4.Paragraph 11 (offender before magistrates' court: further conviction) has effect...

        3. 5.Paragraph 12 (offender before Crown Court: breach of community requirement...

        4. 6.Paragraph 13 (powers of court to deal with offender on...

        5. 7.Paragraph 14 (exercise of power in paragraph 13: duty to...

        6. 8.Paragraph 15 (activation orders: further provision) has effect as if—...

        7. 10.Paragraph 17 (treatment requirement: reasonable refusal to undergo certain treatment)...

        8. 11.Paragraph 18 (duty of court in Scotland or Northern Ireland...

        9. 12.Paragraph 19 (issue of summons or warrant where court convicting...

      4. Amendment of order

        1. 13.Part 3 (amendment of order) has effect as if in...

      5. Supplementary

        1. 14.Part 4 (supplementary) has effect as if in paragraph 28...

    11. SCHEDULE 8

      Amendment of the Courts-Martial (Appeals) Act 1968

      1. 1.The Courts-Martial (Appeals) Act 1968 (c. 20) is amended as...

      2. 2.For the heading to Part 1 substitute “ THE COURT...

      3. 3.In section 1(1) (the court) for the words from the...

      4. 4.In section 4 (sittings) omit subsection (2).

      5. 5.In section 5 (constitution of court for particular sittings), in...

      6. 6.For the heading to Part 2 substitute “ APPEALS FROM...

      7. 7.In section 8 (right of appeal against conviction or sentence)—...

      8. 8.Omit section 10 (alternative procedure for appeal from court-martial abroad)....

      9. 9.In section 11(1) (consideration of application by Appeal Court) omit...

      10. 10.In section 12 (power to quash conviction as unsafe)—

      11. 11.For section 13 (adjustment of sentence in case of conviction...

      12. 12.(1) Section 14 (substitution of conviction on different charge) is...

      13. 13.In section 14A (substitution of conviction on different charge after...

      14. 14.Omit section 15 (variation of conviction so as to attract...

      15. 15.In section 16 (substitution of finding of insanity etc)—

      16. 16.For section 16A (powers on appeals against sentence) substitute— Appeals...

      17. 17.In section 17 (sentences passed by the Appeal Court)—

      18. 18.Omit section 17A (application of certain provisions of SDAs in...

      19. 19.Omit section 18 (retrial generally excluded).

      20. 20.In section 19 (power to authorise retrial in certain cases)—...

      21. 21.In section 20 (implementation of authority for retrial etc)—

      22. 22.In section 21 (appeal against finding of not guilty by...

      23. 23.In section 22 (consequences where appeal under section 21 allowed)—...

      24. 24.Omit section 23 (substitution of finding of unfitness to stand...

      25. 25.In section 24 (appeal against finding of unfitness)—

      26. 26.(1) Section 25 (disposal of appeals under section 24) is...

      27. 27.For section 25A (right of appeal against hospital order etc)...

      28. 28.In section 25B (disposal of appeals under section 25A)—

      29. 29.Omit section 26 (presentation of appellant's case).

      30. 30.For section 27 (presence of appellant at hearing) substitute— Right...

      31. 31.In section 28 (evidence)— (a) in subsection (1)—

      32. 32.In section 29 (power to call for report by member...

      33. 33.In section 31 (costs of successful appeal) in subsection (2),...

      34. 34.In section 32 (costs against appellant) in subsection (2) for...

      35. 35.In section 33 (witnesses' expenses) after subsection (1) insert—

      36. 36.In section 34 (reference of cases by service authorities)—

      37. 37.In section 36 (powers exercisable by single judge) in subsection...

      38. 38.In section 36C (appeals against procedural directions) in subsection (5)(b)—...

      39. 39.For section 37 (provision of documents relating to trial) substitute—...

      40. 40.In section 38 (defence of appeals) for “Defence Council” substitute...

      41. 41.For the heading to Part 3 substitute “ APPEAL FROM...

      42. 42.In section 39 (right of appeal to Supreme Court) in...

      43. 43.In section 43 (detention of accused)— (a) for subsection (1)...

      44. 44.Omit section 46 (restitution of property).

      45. 45.In section 47 (costs)— (a) in subsection (1) for “Secretary...

      46. 46.(1) Section 48A (appeals on behalf of deceased persons) is...

      47. 47.In section 50 (duties of registrar with respect to appeals...

      48. 48.In section 52 (removal of prisoners) for paragraphs (a) to...

      49. 49.In section 54 (saving for prerogative) in subsection (1) for...

      50. 50.For section 56 substitute— Modifications for protected prisoners of war...

      51. 51.(1) Section 57 (interpretation) is amended as follows.

      52. 52.Omit section 58 (consequential amendments).

      53. 53.In section 61 (short title and commencement), in subsection (1)...

      54. 54.For Schedule 1 (provisions as to retrial) substitute— SCHEDULE 1...

      55. 55.Omit Schedule 3 (modifications in relation to prisoners of war)....

      56. 56.Omit Schedule 4 (consequential amendments).

    12. SCHEDULE 9

      Assessors of compensation for miscarriages of justice

      1. 1.(1) A person is qualified for appointment as an assessor...

      2. 2.A person shall hold and vacate office as an assessor...

      3. 3.A person shall vacate office as an assessor—

      4. 4.A person may at any time resign his office as...

      5. 5.Subject to paragraph 6, the Secretary of State may at...

      6. 6.(1) The exercise of the power conferred by paragraph 5...

      7. 7.An assessor shall be paid such remuneration and allowances as...

    13. SCHEDULE 10

      Proceedings of the Service Civilian Court

      1. Court to sit in public

        1. 1.Subject to any provision made by SCC rules, the Service...

      2. Unfitness to stand trial and insanity

        1. 2.Where on a trial of a charge by the Service...

      3. Privilege of witnesses and others

        1. 3.A witness before the Service Civilian Court or any other...

    14. SCHEDULE 11

      Powers of the Criminal Cases Review Commission

      1. Amendment of the Court Martial Appeals Act 1968

        1. 1.After section 29 of the Court Martial Appeals Act 1968...

      2. Amendments of the Criminal Appeal Act 1995

        1. 2.After section 12 of the Criminal Appeal Act 1995 (c....

        2. 3.In section 13(1) of that Act (conditions for making of...

        3. 4.(1) Section 14 of that Act (further provisions about references)...

        4. 5.(1) Section 15 of that Act (investigations for Court of...

        5. 6.In section 16 of that Act (assistance in connection with...

        6. 7.(1) Section 18 of that Act (Government documents etc relating...

        7. 8.(1) Section 19 of that Act (power to require appointment...

        8. 9.(1) Section 22 of that Act (meaning of “public body”...

        9. 10.(1) Section 30 of that Act is amended as follows....

        10. 11.(1) In section 33 of that Act (extent), after subsection...

    15. SCHEDULE 12

      Detention etc of persons in overseas service hospitals

      1. The relevant conditions

        1. 1.(1) In this Schedule references to the relevant conditions, in...

      2. Order for person's detention in overseas service hospital

        1. 2.(1) This paragraph has effect in relation to—

      3. Effect of order under paragraph 2

        1. 3.(1) This paragraph makes provision as to the effect of...

      4. Requirements as to recommendations under paragraph 2

        1. 4.(1) A recommendation under paragraph 2 must include a statement...

      5. Exercise of powers under paragraph 2 where person's commanding officer is absent etc

        1. 5.(1) This paragraph has effect in relation to a person...

      6. Power to review order under paragraph 2

        1. 6.(1) The Secretary of State may make regulations for enabling...

      7. Detention of resident patients in overseas service hospitals pending order under paragraph 2(3)

        1. 7.(1) This paragraph applies if— (a) a registered medical practitioner...

      8. Urgent removal from service living accommodation to overseas service hospital

        1. 8.(1) This paragraph applies if a service policeman has reasonable...

      9. Urgent removal from other places to overseas service hospital

        1. 9.(1) This paragraph applies if a service policeman finds a...

      10. Use of force

        1. 10.Where a power is conferred on any person by virtue...

      11. Service custody

        1. 11.While a person is being conveyed, removed or detained by...

      12. Definitions

        1. 12.(1) In this Schedule “overseas service hospital” means a service...

    16. SCHEDULE 13

      Protection of children of service families

      1. 1.(1) Section 17 of the Armed Forces Act 1991 (power...

      2. 2.(1) Section 18 of that Act (content, effect, variation and...

      3. 3.(1) Section 19 of that Act (power to make orders...

      4. 4.(1) Section 20 of that Act (content and effect of...

      5. 5.After that section insert— Power to include exclusion requirement in...

      6. 6.(1) Section 21 of that Act (duration of protection orders)...

      7. 7.(1) Section 22 of that Act (review and discharge of...

      8. 8.After that section insert— Removal and accommodation of children by...

      9. 9.(1) Section 23 of that Act (interpretation) is amended as...

    17. SCHEDULE 14

      Amendments relating to reserve forces

      1. Reserve Forces Act 1980 (c. 9)

        1. 1.In section 10 of the Reserve Forces Act 1980 (call...

        2. 2.In section 11(2)(a) of that Act (call out for warlike...

        3. 3.In section 18(2) of that Act (permanent service call out...

        4. 4.In section 19 of that Act (duration of Army Reserve...

        5. 5.In section 19A of that Act (postponement of discharge of...

        6. 6.In section 21 of that Act (duration of Air Force...

        7. 7.In section 21A of that Act (postponement of discharge of...

        8. 8.Omit section 24 of that Act (permanent service call out...

        9. 9.Omit section 25 of that Act (emergency service call out...

        10. 10.In section 26(2) of that Act (call out notices), omit...

        11. 11.In section 30(2) of that Act (liability of naval and...

        12. 12.(1) Section 31 of that Act (liability of army and...

        13. 13.(1) Section 32 of that Act (occasion for and period...

        14. 14.In section 34(3) of that Act (liability of certain former...

        15. 15.In section 39(1)(a) of that Act (application of section 38)...

        16. 16.Omit section 44 of that Act (requirement as to training...

        17. 17.In section 48 of that Act (void enlistment in the...

        18. 18.Omit section 139 of that Act (enrolment etc of members...

        19. 19.In section 140 of that Act (orders and regulations as...

        20. 20.Omit sections 141 to 144 of that Act (provisions relating...

        21. 21.In section 145 of that Act (reinstatement in civil employment)...

        22. 22.In section 146 of that Act (protection of other civil...

        23. 23.(1) Section 156 (interpretation) is amended as follows.

        24. 24.(1) Schedule 8 to that Act (saving and transitional provisions)...

      2. Reserve Forces Act 1996 (c. 14)

        1. 25.In section 2(2)(a) of the Reserve Forces Act 1996 (membership...

        2. 26.In section 4(1)(b) of that Act (orders and regulations concerning...

        3. 27.Omit section 7 of that Act (provision with respect to...

        4. 28.In section 13(7) of that Act (transfer of non-officers between...

        5. 29.In section 15(1) of that Act (discharge by commanding officer)...

        6. 30.In section 24(2) of that Act (commitment to a period...

        7. 31.In section 25(2) of that Act (additional duties commitments)—

        8. 32.In section 27 of that Act (voluntary training and other...

        9. 33.In each of sections 53, 55 and 57 of that...

        10. 34.After section 53 of that Act insert— Agreement to alter...

        11. 35.After section 55 of that Act insert— Agreement to alter...

        12. 36.After section 57 of that Act insert— Agreement to alter...

        13. 37.In section 66(2)(b) of that Act (persons who may be...

        14. 38.In section 72 of that Act (release and discharge from...

        15. 39.(1) Section 95 of that Act (offences against orders and...

        16. 40.(1) Section 96 of that Act (failure to attend for...

        17. 41.(1) Section 97 of that Act (failure to attend for...

        18. 42.(1) Section 98 of that Act (trial and punishment of...

        19. 43.Omit section 99 of that Act (false pretence of illegal...

        20. 44.For section 100 of that Act (arrest of deserters etc)...

        21. 45.Omit section 102 of that Act (record of illegal absence)....

        22. 46.In section 104 of that Act, omit subsection (3).

        23. 47.(1) Section 105 of that Act (trial of offences by...

        24. 48.Omit section 106 of that Act.

        25. 49.In section 107 of that Act (time for institution of...

        26. 50.In section 108 of that Act (evidence) for subsections (1)...

        27. 51.Omit section 124 of that Act (exemption from tolls etc)....

        28. 52.Omit section 126 of that Act (amendments relating to transfers...

        29. 53.(1) Section 127 of that Act (interpretation) is amended as...

        30. 54.(1) Schedule 1 to that Act (enlistment) is amended as...

        31. 55.Omit Schedule 2 to that Act (deserters and absentees without...

        32. 56.Omit Schedule 3 to that Act (evidence).

        33. 57.Omit Schedule 7 to that Act (postponement of transfer to...

        34. 58.In Part 2 of Schedule 9 to that Act (transitional...

        35. 59.In Schedule 10 to that Act (minor and consequential amendments)...

    18. Schedule 14A

      The Service Police Complaints Commissioner

      1. 1.Status

      2. 2.The Commissioner is not to be regarded—

      3. 3.Appointment

      4. 4.Disqualification

      5. 5.Vacancy or incapacity

      6. 6.Term of office

      7. 7.Delegation of functions

      8. 8.Liability

    19. SCHEDULE 15

      Civilians subject to service discipline

      1. Part 1 Civilians subject to service discipline

        1. Persons in one of Her Majesty's aircraft in flight

          1. 1.(1) A person is within this paragraph if he is...

        2. Persons in one of Her Majesty's ships afloat

          1. 2.(1) A person is within this paragraph if he is...

        3. Persons in service custody etc

          1. 3.(1) A person is within this paragraph if—

        4. Crown servants in designated area working in support of Her Majesty's forces

          1. 4.(1) A person is within this paragraph (subject to paragraph...

        5. Persons working for specified military organisations

          1. 5.(1) A person is within this paragraph (subject to paragraph...

        6. Persons in designated area who are members or employees of other specified organisations

          1. 6.(1) A person is within this paragraph (subject to paragraph...

        7. Persons designated by or on behalf of Defence Council

          1. 7.(1) A person is within this paragraph (subject to paragraph...

        8. Persons residing or staying with person subject to service law in designated area

          1. 8.A person is within this paragraph (subject to paragraph 11)...

        9. Persons residing or staying with person falling within paragraph 4 or 6 in designated area

          1. 9.(1) A person is within this paragraph (subject to paragraph...

        10. Persons residing or staying with person falling within paragraph 5

          1. 10.(1) A person is within this paragraph (subject to paragraph...

      2. Part 2 Exclusion and definitions

        1. Exclusion

          1. 11.(1) A person who is not a United Kingdom national...

        2. Definitions

          1. 12.(1) In this Schedule “designated area” means an area which—...

          2. 13.In this Schedule references to a person residing or staying...

          3. 14.For the purposes of paragraphs 5(1)(c), 10 and 11, a...

    20. SCHEDULE 16

      Minor and consequential amendments

      1. Metropolitan Police Act 1860 (c. 135)

        1. 1.In section 2 of the Metropolitan Police Act 1860 (swearing...

      2. Naval and Marine Pay and Pensions Act 1865 (c. 73)

        1. 2.In section 3 of the Naval and Marine Pay and...

        2. 3.In section 9 of that Act (Order in Council not...

      3. Naval Pensions Act 1884 (c. 44)

        1. 4.In section 2 of the Naval Pensions Act 1884 (application...

      4. Foreign Marriage Act 1892 (c. 23)

        1. 5.In section 22 of the Foreign Marriage Act 1892 (marriages...

      5. Regimental Debts Act 1893 (c. 5)

        1. 6.In the Regimental Debts Act 1893, for the words “military...

        2. 7.In section 23 of that Act (application of Act to...

        3. 8.In section 29 of that Act (definitions)—

        4. 9.After that section insert— Application of Act to members of...

        5. 10.In section 33 of that Act (short title) for “Regimental...

      6. Uniforms Act 1894 (c. 45)

        1. 11.In section 4 of the Uniforms Act 1894 (interpretation)—

      7. Criminal Evidence Act 1898 (c. 36)

        1. 12.(1) Section 6 of the Criminal Evidence Act 1898 (application...

      8. Air Force (Constitution) Act 1917 (c. 51)

        1. 13.In section 2(1) of the Air Force (Constitution) Act 1917...

      9. Visiting Forces (British Commonwealth) Act 1933 (c. 6)

        1. 14.(1) Section 4 of the Visiting Forces (British Commonwealth) Act...

      10. Defence (Armed Forces) Regulations 1939 (S.I. 1939/1304)

        1. 15.In Regulation 6 of the Defence (Armed Forces) Regulations 1939—...

      11. Courts-Martial (Appeals) Act 1951 (c. 46)

        1. 16.In section 29 of the Courts-Martial (Appeal) Act 1951 (appointment...

      12. Prison Act 1952 (c. 52)

        1. 17.In section 43 of the Prison Act 1952 (young offender...

      13. Visiting Forces Act 1952 (c. 67)

        1. 18.(1) Section 13 of the Visiting Forces Act 1952 (apprehension...

        2. 19.In section 14 of that Act (evidence for purposes of...

      14. Army Act 1955 (3 & 4 Eliz. 2 c. 18)

        1. 20.After section 91 of the Army Act 1955 insert— Preliminary...

        2. 21.(1) Section 103 of that Act (rules) is amended as...

        3. 22.In section 120 of that Act (suspension of sentences), after...

      15. Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)

        1. 23.After section 91 of the Air Force Act 1955 insert—...

        2. 24.(1) Section 103 of that Act (rules) is amended as...

        3. 25.In section 120 of that Act (suspension of sentences), after...

      16. Naval Discipline Act 1957 (c. 53)

        1. 26.In section 47M of the Naval Discipline Act 1957 (judicial...

        2. 27.In section 52C(4) of that Act (powers of higher authority),...

        3. 28.(1) Section 52D of that Act (summary trial) is amended...

        4. 29.In section 52FG(1) of that Act (judge advocates of the...

        5. 30.In section 52FJ(3) of that Act (constitution of summary appeal...

        6. 31.In section 53B(1) of that Act (judge advocate of a...

        7. 32.In section 53C(2) of that Act (ordering of courts martial),...

        8. 33.(1) Section 58 of that Act (rules) is amended as...

        9. 34.After section 58 of that Act insert— Preliminary hearings as...

        10. 35.In section 59(4A) of that Act (challenge by accused), for...

        11. 36.In section 63A(5)(b) of that Act (powers to deal with...

        12. 37.In section 64 of that Act (summoning of witnesses)—

        13. 38.In section 73 of that Act (saving for functions of...

      17. Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58)

        1. 39.(1) Section 1 of the Registration of Births, Deaths and...

        2. 40.In section 2(1) of that Act (records of births and...

        3. 41.In section 4 of that Act (validation of certain entries)—...

        4. 42.In section 5(1)(b) of that Act (registration of births of...

      18. Public Records Act 1958 (c. 51)

        1. 43.In Schedule 1 to the Public Records Act 1958 (definition...

      19. Coroners Act (Northern Ireland) 1959 (c. 15)

        1. 44.In section 18 of the Coroners Act (Northern Ireland) 1959...

      20. Administration of Justice Act 1960 (c. 65)

        1. 45.(1) Section 13 of the Administration of Justice Act 1960...

      21. Criminal Justice Act 1961 (c. 39)

        1. 46.In section 22 of the Criminal Justice Act 1961 (assisting...

        2. 47.In section 39 of that Act (interpretation) for subsection (2)...

      22. Parliamentary Commissioner Act 1967 (c. 13)

        1. 48.In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters...

      23. Criminal Justice Act 1967 (c. 80)

        1. 49.In section 72 of the Criminal Justice Act 1967 (power...

        2. 50.In section 104(1) of that Act (interpretation), in the definition...

      24. Civil Evidence Act 1968 (c. 64)

        1. 51.(1) Section 11 of the Civil Evidence Act 1968 (convictions...

        2. 52.In section 13 of that Act (conclusiveness of convictions for...

        3. 53.In section 18 of that Act (general interpretation etc)—

      25. Equal Pay Act 1970 (c. 41)

        1. 54.(1) Section 7A of the Equal Pay Act 1970 (service...

        2. 55.In section 7AB of that Act (“arrears date” for purposes...

        3. 56.In section 7AC of that Act (determination of “period” for...

      26. Equal Pay Act (Northern Ireland) 1970 (c. 32)

        1. 57.(1) Section 6A of the Equal Pay Act (Northern Ireland)...

        2. 58.In section 6AB of that Act (“arrears date” in proceedings...

      27. Civil Evidence Act (Northern Ireland) 1971 (c. 36)

        1. 59.(1) Section 7 of the Civil Evidence Act (Northern Ireland)...

        2. 60.In section 9 of that Act (conclusiveness of convictions for...

        3. 61.In section 14 of that Act (general interpretation etc)—

      28. Juries Act 1974 (c. 23)

        1. 62.In Schedule 1 to the Juries Act 1974 (persons disqualified...

      29. Rehabilitation of Offenders Act 1974 (c. 53)

        1. 63.In section 1 of the Rehabilitation of Offenders Act 1974...

        2. 64.In section 2 of that Act (rehabilitation of persons dealt...

        3. 65.(1) Section 5 of that Act (rehabilitation periods for particular...

        4. 66.In the Schedule to that Act (service disciplinary convictions referred...

      30. House of Commons Disqualification Act 1975 (c. 24)

        1. 67.In section 1 of the House of Commons Disqualification Act...

        2. 68.In Part 1 of Schedule 1 to that Act (judicial...

      31. Northern Ireland Assembly Disqualification Act 1975 (c. 25)

        1. 69.In section 1 of the Northern Ireland Assembly Disqualification Act...

        2. 70.In Part 1 of Schedule 1 to that Act (judicial...

      32. Sex Discrimination Act 1975 (c. 65)

        1. 71.(1) Section 85 of the Sex Discrimination Act 1975 (application...

      33. Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c. 14)

        1. 72.. . . . . . . . . ....

      34. Bail Act 1976 (c. 63)

        1. 73.In section 2(2) of the Bail Act 1976 (definitions), for...

        2. 74.In section 5(10) of that Act (meaning of “prescribed” for...

        3. 75.In section 6(9)(c)(v) of that Act (meaning of the “appropriate...

        4. 76.In section 8(4) of that Act (persons before whom recognizance...

        5. 77.In section 13(3) of that Act (application of Act), for...

        6. 78.In Schedule 1 to that Act (persons entitled to bail:...

      35. Race Relations Act 1976 (c. 74)

        1. 79.In section 57(4B) of the Race Relations Act 1976 (claims...

        2. 80.(1) Section 75 of that Act (application to Crown etc)...

        3. 81.In section 78(1) of that Act (general interpretation provisions), for...

      36. Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))

        1. 82.(1) Article 82 of the Sex Discrimination (Northern Ireland) Order...

      37. Judicature (Northern Ireland) Act 1978 (c. 23)

        1. 83.In section 44 of the Judicature (Northern Ireland) Act 1978...

      38. Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

        1. 84.In Article 2 of the Rehabilitation of Offenders (Northern Ireland)...

        2. 85.In Article 4 of that Order (rehabilitation of persons dealt...

        3. 86.(1) Article 6 of that Order (rehabilitation periods for particular...

        4. 87.In the Schedule to that Order (service disciplinary convictions referred...

      39. Magistrates' Courts Act 1980 (c. 43)

        1. 88.In section 19(5) of the Magistrates' Courts Act 1980 (decision...

        2. 89.In section 125D(3) of that Act (execution by person not...

      40. Public Passenger Vehicles Act 1981 (c. 14)

        1. 90.In Schedule 3 to the Public Passenger Vehicles Act 1981...

      41. Contempt of Court Act 1981 (c. 49)

        1. 91.In section 19 of the Contempt of Court Act 1981...

        2. 92.In Schedule 1 to that Act (times when proceedings are...

      42. Senior Courts Act 1981 (c. 54)

        1. 93.In section 29 of the Senior Courts Act 1981 (mandatory,...

      43. Criminal Justice Act 1982 (c. 48)

        1. 94.(1) Section 32 of the Criminal Justice Act 1982 (early...

      44. Representation of the People Act 1983 (c. 2)

        1. 95.In section 3(2)(a) of the Representation of the People Act...

        2. 96.In section 3A of that Act (disenfranchisement of offenders detained...

      45. Mental Health Act 1983 (c. 20)

        1. 97.(1) Section 47 of the Mental Health Act 1983 (removal...

      46. Repatriation of Prisoners Act 1984 (c. 47)

        1. 98.In section 1 of the Repatriation of Prisoners Act 1984...

      47. Inheritance Tax Act 1984 (c. 51)

        1. 99.In section 154(2) of the Inheritance Tax Act 1984 (death...

      48. Police and Criminal Evidence Act 1984 (c. 60)

        1. 100.In section 63A(1B) of the Police and Criminal Evidence Act...

        2. 101.In section 67 of that Act (codes of practice: supplementary),...

        3. 102.(1) Section 72 of that Act (provision supplementary to Part...

        4. 103.In section 75(3) of that Act (supplementary provision about conviction...

        5. 104.(1) Section 82 of that Act (interpretation of Part 8...

        6. 105.(1) Section 113 of that Act (application of Act to...

        7. 106.(1) Section 120 of that Act (extent) is amended as...

      49. Prosecution of Offences Act 1985 (c. 23)

        1. 107.In section 19 of the Prosecution of Offences Act 1985...

      50. Housing Act 1985 (c. 68)

        1. 108.In section 622(1) of the Housing Act 1985 (minor definitions),...

      51. Debtors (Scotland) Act 1987 (c. 18)

        1. 109.In section 73(3)(b) of the Debtors (Scotland) Act 1987, for...

      52. Coroners Act 1988 (c. 13)

        1. 110.In section 8 of the Coroners Act 1988 (duty to...

        2. 111.In section 19 of that Act (post-mortem examination without inquest)...

      53. Criminal Justice Act 1988 (c. 33)

        1. 112.In the Criminal Justice Act 1988, omit section 50 (suspended...

        2. 113.In section 146 of that Act (evidence before service courts)—...

        3. 114.In section 172 of that Act (extent), for subsections (7)...

        4. 115.(1) Schedule 13 to that Act (evidence before service courts)...

      54. Road Traffic Act 1988 (c. 52)

        1. 116.In section 183 of the Road Traffic Act 1988 (application...

        2. 117.(1) Section 184 of that Act (application of sections 5...

      55. Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

        1. 118.In Article 66 of the Police and Criminal Evidence (Northern...

        2. 119.In Article 70 of that Order (interpretation of Part IX...

        3. 120.In Article 73(3) of that Order (supplementary provision about conviction...

      56. Courts and Legal Services Act 1990 (c. 41)

        1. 121.In section 119(1) of the Courts and Legal Services Act...

      57. Armed Forces Act 1991 (c. 62)

        1. 122.In section 24 of the Armed Forces Act 1991 (extent...

      58. Local Government Finance Act 1992 (c. 14)

        1. 123.(1) Schedule 1 to the Local Government Finance Act 1992...

      59. Sexual Offences (Amendment) Act 1992 (c. 34)

        1. 124.In section 2 of the Sexual Offences (Amendment) Act 1992...

        2. 125.In section 3 of that Act (power to displace restrictions...

        3. 126.In section 4 of that Act (special rules for cases...

        4. 127.(1) Section 6 of that Act (interpretation etc) is amended...

        5. 128.Omit section 7 of that Act (courts-martial).

        6. 129.In section 8 of that Act (short title, commencement and...

      60. Criminal Justice and Public Order Act 1994 (c. 33)

        1. 130.In section 39 of the Criminal Justice and Public Order...

      61. Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)

        1. 131.In Schedule 3 to the Goods Vehicles (Licensing of Operators)...

      62. Pensions Act 1995 (c. 26)

        1. 132.In section 166(5)(a) of the Pensions Act 1995 (pensions on...

      63. Criminal Procedure (Scotland) Act 1995 (c. 46)

        1. 133.In section 307 of the Criminal Procedure (Scotland) Act 1995...

      64. Disability Discrimination Act 1995 (c. 50)

        1. 134.In section 68 of the Disability Discrimination Act 1995 (interpretation)—...

      65. Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))

        1. 135.In Article 162(5)(a) of the Pensions (Northern Ireland) Order 1995...

      66. Employment Rights Act 1996 (c. 18)

        1. 136.In section 192 of the Employment Rights Act 1996 (armed...

      67. Criminal Procedure and Investigations Act 1996 (c. 25)

        1. 137.For section 78 of the Criminal Procedure and Investigations Act...

      68. Armed Forces Act 1996 (c. 46)

        1. 138.In section 6 of the Armed Forces Act 1996 (abrogation...

      69. ...

        1. 139.In section 199(4) of the Housing Act 1996 (local connection),...

      70. Social Security (Recovery of Benefits) Act 1997 (c. 27)

        1. 140.In Part 1 of Schedule 1 to the Social Security...

      71. Crime (Sentences) Act 1997 (c. 43)

        1. 141.In section 31A(5) of the Crime (Sentences) Act 1997 (termination...

        2. 142.(1) Section 34 of that Act (meaning of “life sentence”...

        3. 143.In section 47(4) of that Act (application of section 47),...

        4. 144.In section 57 of that Act (extent etc), for subsection...

        5. 145.In Schedule 1 to that Act (transfer of prisoners within...

      72. Police Act 1997 (c. 50)

        1. 146.(1) Section 93 of the Police Act 1997 (authorisations to...

        2. 147.In section 94(2)(db) of that Act (authorisations given in absence...

        3. 148.In section 108(1) of that Act (interpretation of Part 3),...

        4. 149.In section 113B(10) of that Act (enhanced criminal record certificates:...

      73. Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6))

        1. 150.(1) Article 71 of the Race Relations (Northern Ireland) Order...

      74. Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (S.I. 1997/1183 (N.I. 12))

        1. 151.In Part 1 of Schedule 1 to the Social Security...

      75. Landmines Act 1998 (c. 33)

        1. 152.In section 5(7) of the Landmines Act 1998 (international military...

      76. Crime and Disorder Act 1998 (c. 37)

        1. 153.In section 38(4)(h) of the Crime and Disorder Act 1998...

        2. 154.In section 41(5) of that Act (functions of Youth Justice...

        3. 155.In Schedule 3 to that Act (procedure where persons sent...

      77. Human Rights Act 1998 (c. 42)

        1. 156.In section 4(5)(c) of the Human Rights Act 1998 (declaration...

        2. 157.In section 5(5) of that Act (right of Crown to...

      78. Youth Justice and Criminal Evidence Act 1999 (c. 23)

        1. 158.In section 44(13)(c) of the Youth Justice and Criminal Evidence...

        2. 159.In section 63(1) of that Act (interpretation of Part 2),...

        3. 160.In section 68 of that Act (extent etc), omit subsection...

        4. 161.In Schedule 7 to that Act (transitional provision), in paragraph...

      79. Welfare Reform and Pensions Act 1999 (c. 30)

        1. 162.In section 44(1)(a) of the Welfare Reform and Pensions Act...

      80. Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

        1. 163.(1) Section 82A of the Powers of Criminal Courts (Sentencing)...

        2. 164.In section 99 of that Act (conversion of sentence of...

        3. 165.(1) Section 106A of that Act (which relates to the...

        4. 166.For section 114 of that Act substitute— Offences under service...

        5. 167.(1) Section 134 of that Act (effect of compensation order...

        6. 168.In section 163 of that Act (general definitions), in the...

      81. Regulation of Investigatory Powers Act 2000 (c. 23)

        1. 169.In section 18(11) of the Regulation of Investigatory Powers Act...

        2. 170.In section 32(6)(g) of that Act (senior authorising officers for...

        3. 171.(1) Section 33 of that Act (rules for grant of...

        4. 172.In section 34(4)(g) of that Act (persons entitled to grant...

        5. 173.In section 41(7) of that Act (Secretary of State authorisations),...

        6. 174.In section 56(1) of that Act (interpretation of Part 3...

        7. 175.(1) Section 81 of that Act (general interpretation) is amended...

      82. Freedom of Information Act 2000 (c. 36)

        1. 176.In section 30 of the Freedom of Information Act 2000...

      83. Criminal Justice and Court Services Act 2000 (c. 43)

        1. 177.In section 1 of the Criminal Justice and Court Services...

        2. 178.After section 5 of that Act insert— Local probation boards...

        3. 179.(1) Section 27 of that Act (armed forces offences equivalent...

        4. 180.(1) Section 30 of that Act (disqualification from working with...

        5. 181.In section 31(2) of that Act (appeals) for “a court-martial”,...

        6. 182.In section 33 of that Act (provisions relating to application...

        7. 183.In section 42 of that Act (interpretation of Part 2...

        8. 184.In section 62(5) of that Act (meaning of “sentence of...

        9. 185.In section 64(5) of that Act (meaning of “sentence of...

        10. 186.In section 81(2) of that Act (extent)—

      84. Criminal Justice and Police Act 2001 (c. 16)

        1. 187.In section 88(8) of the Criminal Justice and Police Act...

      85. International Criminal Court Act 2001 (c. 17)

        1. 188.In section 32(6) of the International Criminal Court Act 2001...

        2. 189.In section 67(3) of that Act (definition of person subject...

        3. 190.In section 75 of that Act (meaning of “national court”...

        4. 191.In Part 1 of Schedule 2 to that Act (delivery...

      86. Armed Forces Act 2001 (c. 19)

        1. 192.(1) Section 26 of the Armed Forces Act 2001 (power...

        2. 193.(1) Section 27 of that Act (costs against legal representatives)...

        3. 194.(1) Section 28 of that Act (provisions supplementary to sections...

        4. 195.(1) Section 30 of that Act (conditional release from custody)...

      87. Anti-terrorism, Crime and Security Act 2001 (c. 24)

        1. 196.In Schedule 1 to the Anti-terrorism, Crime and Security Act...

      88. Proceeds of Crime Act 2002 (c. 29)

        1. 197.In section 308(4)(a) of the Proceeds of Crime Act 2002...

      89. Railways and Transport Safety Act 2003 (c. 20)

        1. 198.In section 90(1) of the Railways and Transport Safety Act...

        2. 199.In section 101(1) of that Act (military application), for the...

      90. Extradition Act 2003 (c. 41)

        1. 200.In section 3 of the Extradition Act 2003 (arrest under...

        2. 201.In section 5 of that Act (provisional arrest), for subsections...

        3. 202.In section 71 of that Act (arrest warrant following extradition...

        4. 203.In section 73 of that Act (provisional warrant)—

        5. 204.In section 155 of that Act (service personnel) for the...

        6. 205.In section 216 of that Act (interpretative provisions)—

      91. Sexual Offences Act 2003 (c. 42)

        1. 206.In section 81(3)(b) of the Sexual Offences Act 2003 (persons...

        2. 207.In section 116 of that Act (qualifying offenders for purposes...

        3. 208.(1) Section 131 of that Act (young offenders: application) is...

        4. 209.(1) Section 133 (Part 2: general interpretation) is amended as...

        5. 210.In section 134(1) of that Act (conditional discharges and probation...

        6. 211.(1) Section 137 of that Act (service courts) is amended...

        7. 212.(1) Schedule 3 to that Act (sexual offences for purposes...

        8. 213.In Schedule 5 to that Act (other offences for purposes...

      92. Criminal Justice Act 2003 (c. 44)

        1. 214.(1) Section 94 of the Criminal Justice Act 2003 (extension...

        2. 215.In section 112(1) of that Act (interpretation of Chapter 1...

        3. 216.In section 143(4) of that Act (meaning of “previous conviction”),...

        4. 217.(1) Section 151 of that Act (community order for persistent...

        5. 218.For section 233 of that Act substitute— Offences under service...

        6. 219.In section 237 of that Act (meaning of “ fixed-term...

        7. 220.In section 241 of that Act (effect of direction under...

        8. 221.In section 246 of that Act (disapplication of power to...

        9. 222.. . . . . . . . . ....

        10. 223.In section 251(3) of that Act (licence conditions on re-release...

        11. 224.(1) Section 252 of that Act (duty to comply with...

        12. 225.In section 260 of that Act (disapplication of power to...

        13. 226.In section 263(1)(a) of that Act (concurrent terms), omit “by...

        14. 227.In section 268 of that Act (interpretation of Chapter 6...

        15. 228.In section 269(3)(b) of that Act (determination of minimum term...

        16. 229.In section 272 of that Act (review of minimum term...

        17. 230.In section 277 of that Act (interpretation of Chapter 7...

        18. 231.In section 305(1) of that Act (interpretation of Part 12)—...

        19. 232.In section 329 of that Act (civil proceedings for trespass...

        20. 233.(1) Section 337 of that Act (extent) is amended as...

        21. 234.(1) Schedule 6 to that Act (modifications for armed forces...

        22. 235.(1) Schedule 7 to that Act (modifications for armed forces...

        23. 236.In Schedule 21 to that Act (determination of minimum term...

      93. Crime (International Co-operation) Act 2003 (c. 32)

        1. 237.In section 47(9) of the Crime (International Co-operation) Act 2003...

      94. Domestic Violence, Crime and Victims Act 2004 (c. 28)

        1. 238.(1) Section 8 of the Domestic Violence, Crime and Victims...

        2. 239.In section 45(1) of that Act (interpretation of sections 35...

        3. 240.For section 62(4) of that Act (extent) substitute—

      95. Human Tissue Act 2004 (c. 30)

        1. 241.In section 39(6)(c) of the Human Tissue Act 2004 (criminal...

        2. 242.In Part 2 of Schedule 4 to that Act (use...

      96. Civil Partnership Act 2004 (c. 33)

        1. 243.In section 245(2) of the Civil Partnership Act 2004 (interpretation),...

      97. Constitutional Reform Act 2005 (c. 4)

        1. 244.In Part 2 of Schedule 14 to the Constitutional Reform...

      98. Gambling Act 2005 (c. 19)

        1. 245.In section 354(2) of the Gambling Act 2005 (Crown application),...

        2. 246.In Part 1 of Schedule 7 to that Act (relevant...

    21. SCHEDULE 17

      Repeals and Revocations

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