Armed Forces Act 2006

Court Martial U.K.

50 Jurisdiction of the Court Martial U.K.

(1) The Court Martial has jurisdiction to try any service offence.

(2) In this Act “service offence” means—

(a) any offence under Part 1;

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

(b) an offence under section 107 (breach of requirement imposed on release from custody);

(c) an offence under section 229 (breach of service restraining order);

(d) an offence under section 266 (failure to comply with financial statement order);

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

(f) any offence under regulations under section 328 (false answer during enlistment in a regular force) or section 343 (service inquiries) that the regulations provide is a service offence;

[F3 (fa) an offence under paragraph 2, 3 or 4 of Schedule 2A (offences committed by a lay member of the Court Martial);

(fb) an offence under paragraph 5 of that Schedule (disclosing information about members' deliberations etc) committed by a person described in sub-paragraph (2) of that paragraph;]

(g) an offence under section 18 or 20 of the Armed Forces Act 1991 (c. 62) (orders for the protection of children);

(h) an offence under any of sections 95 to 97 of the Reserve Forces Act 1996 (c. 14) (reserve forces offences); or

(i) an offence under paragraph 5(1) of Schedule 1 to that Act (false answer during enlistment in a reserve force) committed by a person within paragraph 5(3) of that Schedule.

Textual Amendments

F1 S. 50(2)(aa) inserted (1.11.2013) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 4 para. 3(2); S.I. 2013/2501, art. 3(d)

F2 S. 50(2)(e) substituted (1.11.2013) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 4 para. 3(4); S.I. 2013/2501, art. 3(d)

F3 S. 50(2)(fa)(fb) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 14 para. 5; S.I. 2015/778, art. 3, Sch. 1 para. 80

Commencement Information

I1 S. 50 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. 50 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4