Armed Forces Act 2006

Persons designated by or on behalf of Defence Council

7 (1) A person is within this paragraph (subject to paragraph 11) if—

(a) he is designated for the purposes of this paragraph by or on behalf of the Defence Council or by an officer authorised by the Defence Council; and

(b) he is outside the British Islands.

(2) A person may be designated for the purposes of this paragraph only if it appears to the Defence Council or the authorised officer that it is desirable to do so—

(a) in the interests of the person;

(b) for the protection of other persons (whether or not members of any of Her Majesty’s forces); or

(c) for the purpose of maintaining good order and discipline.

(3) In deciding whether to designate a person for the purposes of this paragraph, the Defence Council or the authorised officer must have regard in particular to—

(a) the characteristics of the justice system (if any) in any country or territory where the person is or is likely to be;

(b) the terms of any treaty, agreement or arrangement relating to the legal status, or the treatment, of visiting forces to which the United Kingdom and any such country or territory are parties;

(c) the likelihood of the person’s being subject to the law applicable to the armed forces of any country or territory outside the British Islands.

(4) A designation under this paragraph—

(a) may designate persons by name or by description;

(b) may provide, in relation to any person designated by it, that it applies to him only for a specified period or in specified circumstances;

(c) may be withdrawn by any person entitled to make designations under this paragraph.

(5) In sub-paragraph (4) “specified” means specified by the designation.