Armed Forces Act 2006

Police and Criminal Evidence Act 1984 (c. 60) U.K.

100 U.K. In section 63A(1B) of the Police and Criminal Evidence Act 1984 (fingerprints and samples: supplementary provisions)—

(a) in paragraph (h) for “Royal Navy Regulating Branch” substitute “ Royal Navy Police ”;

(b) omit paragraph (k).

Commencement Information

I1 Sch. 16 para. 100(a) in force at 4.6.2007 by S.I. 2007/1442, art. 2(1)

I2 Sch. 16 para. 100(b) in force at 1.1.2008 by S.I. 2007/2913, art. 3

Valid from 28/03/2009

101 U.K. In section 67 of that Act (codes of practice: supplementary), for subsection (12) substitute—

“(12) In subsection (11) “criminal proceedings” includes service proceedings.

(13) In this section “service proceedings” means proceedings before a court (other than a civilian court) in respect of a service offence; and “service offence” and “civilian court” here have the same meanings as in the Armed Forces Act 2006.”

Valid from 28/03/2009

102 (1) Section 72 of that Act (provision supplementary to Part 7 (documentary evidence in criminal proceedings)) is amended as follows. U.K.

(2) In subsection (1), in the definition of “proceedings”, for paragraphs (a) to (c) substitute “ service proceedings. ”

(3) After that subsection insert—

“(1A) In subsection (1) “service proceedings” means proceedings before a court (other than a civilian court) in respect of a service offence; and “service offence” and “civilian court” here have the same meanings as in the Armed Forces Act 2006.”

Valid from 28/03/2009

103 U.K. In section 75(3) of that Act (supplementary provision about conviction as evidence of commission of offence), after paragraph (a) insert—

“(aa) section 187 of the Armed Forces Act 2006 (which makes similar provision in respect of service convictions);”.

Valid from 28/03/2009

104 (1) Section 82 of that Act (interpretation of Part 8 (evidence in criminal proceedings: general)) is amended as follows. U.K.

(2) In subsection (1)—

(a) omit the definition of “court-martial”;

(b) in the definition of “proceedings”, for paragraphs (a) to (c) substitute “ service proceedings; ”;

(c) in the definition of “Service court” for “a court-martial or a Standing Civilian Court” substitute “ the Court Martial or the Service Civilian Court ”.

(3) After that subsection insert—

“(1A) In subsection (1) “service proceedings” means proceedings before a court (other than a civilian court) in respect of a service offence; and “service offence” and “civilian court” here have the same meanings as in the Armed Forces Act 2006.”

(4) Omit subsection (2).

Valid from 28/03/2009

105 (1) Section 113 of that Act (application of Act to armed forces) is amended as follows. U.K.

(2) For subsection (1) substitute—

“(1) The Secretary of State may by order make provision in relation to—

(a) investigations of service offences,

(b) persons arrested under a power conferred by or under the Armed Forces Act 2006,

(c) persons charged under that Act with service offences,

(d) persons in service custody, or

(e) persons convicted of service offences,

which is equivalent to that made by any provision of Part 5 of this Act (or this Part of this Act so far as relating to that Part), subject to such modifications as the Secretary of State considers appropriate.”

(3) In subsection (2) for the words from “offences” to the end substitute “ service offences ”.

(4) In subsection (3) for the words from “concerned with” to the end substitute “concerned with—

(a) the exercise of powers conferred by or under Part 3 of the Armed Forces Act 2006; or

(b) investigations of service offences.”

(5) In subsection (4) for “enquiries” substitute “ investigations ”.

(6) For subsection (9) substitute—

“(9) Subsection (8) above applies to proceedings in respect of an offence under a provision of Part 1 of the Armed Forces Act 2006 other than section 42 (criminal conduct).”

(7) Omit subsection (11).

(8) In subsection (12) for the words from “proceedings” to the end of paragraph (c) substitute “ service proceedings ”.

(9) After that subsection insert—

“(12A) In this section—

• “service offence” has the meaning given by section 50 of the Armed Forces Act 2006;

• “criminal proceedings” includes service proceedings;

• “service proceedings” means proceedings before a court (other than a civilian court) in respect of a service offence; and

• “civilian court” has the meaning given by section 374 of the Armed Forces Act 2006;

and section 376(1) and (2) of that Act (meaning of “convicted” in relation to summary hearings and the SAC) apply for the purposes of subsection (1)(e) above as they apply for the purposes of that Act.”

(10) After subsection (13) add—

“(14) Section 373(5) and (6) of the Armed Forces Act 2006 (supplementary provisions) apply in relation to an order under this section as they apply in relation to an order under that Act.”

Valid from 28/03/2009

106 (1) Section 120 of that Act (extent) is amended as follows. U.K.

(2) For subsections (6) and (7) substitute—

“(6) Nothing in subsection (1) affects—

(a) the extent of section 113(1) to (7) and (12) to (14);

(b) the extent of the relevant provisions so far as they relate to service proceedings.”

(3) In subsection (8)—

(a) for paragraphs (a) and (b) substitute—

“(a) section 67(11) to (13);”;

(b) for paragraphs (d) and (e) substitute—

“(d) section 113(8) to (10).”

(4) For subsection (9) substitute—

“(8A) In this section “service proceedings” means proceedings before a court (other than a civilian court) in respect of a service offence; and “service offence” and “civilian court” here have the same meanings as in the Armed Forces Act 2006.”

(8B) Section 384 of the Armed Forces Act 2006 (Channel Islands, Isle of Man and British overseas territories) applies in relation to the provisions mentioned in subsection (6)(a) and (b) above as it applies in relation to that Act.”