Armed Forces Act 2006

Rehabilitation of Offenders Act 1974 (c. 53) U.K.

63 U.K. In section 1 of the Rehabilitation of Offenders Act 1974 (rehabilitated persons and spent convictions), in subsection (4) after “2000” insert “ or section 187 of the Armed Forces Act 2006 ”.

Commencement Information

I1 Sch. 16 para. 63 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 Sch. 16 para. 63 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

64 U.K. In section 2 of that Act (rehabilitation of persons dealt with in service disciplinary proceedings)—

(a) in subsection (5) after “any of the following—” insert—

“(za) any proceedings (whether or not before a court) in respect of a service offence within the meaning of the Armed Forces Act 2006 (except proceedings before a civilian court within the meaning of that Act);”;

(b) after that subsection add—

“(6) Section 376(1) to (3) of the Armed Forces Act 2006 (“conviction” and “sentence” in relation to summary hearings and the SAC) apply for the purposes of this Act as they apply for the purposes of that Act.”

Commencement Information

I3 Sch. 16 para. 64 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)

I4 Sch. 16 para. 64 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

65 (1) Section 5 of that Act (rehabilitation periods for particular sentences) is amended as follows. U.K.

(2) In subsection (1)—

(a) in paragraph (d)—

(i) after “Powers of Criminal Courts (Sentencing) Act 2000,” insert “ or under section 209 or 218 of the Armed Forces Act 2006, ”;

(ii) after “said Act of 2000” insert “ or section 209 of the said Act of 2006 ”;

(iii) omit “or a corresponding court-martial punishment”;

(b) in paragraph (f), at the end insert “ (including any sentence within this paragraph passed as a result of any of sections 219 to 222 of the Armed Forces Act 2006) ”.

(3) For subsection (1A) substitute—

“(1A) In subsection (1)(d)—

(a) references to section 209 of the Armed Forces Act 2006 include references to section 71A(4) of the Army Act 1955 or Air Force Act 1955 or section 43A(4) of the Naval Discipline Act 1957;

(b) the reference to section 218 of the Armed Forces Act 2006 includes a reference to section 71A(3) of the Army Act 1955 or Air Force Act 1955 or section 43A(3) of the Naval Discipline Act 1957.”

(4) In subsection (2)—

(a) in Table A, in the fifth entry for “Any sentence of detention” substitute “ Any sentence of service detention within the meaning of the Armed Forces Act 2006, or any sentence of detention corresponding to such a sentence, ”;

(b) in Table B—

(i) in the fourth entry, after “2000” insert “ or under section 209 of the Armed Forces Act 2006 ”;

(ii) in the fifth entry, for “either of those provisions” substitute “ any provision mentioned in the fourth entry in this Table ”.

(5) Before subsection (3) insert—

“(2A) Table B applies in relation to a sentence under section 71A(4) of the Army Act 1955 or Air Force Act 1955 or section 43A(4) of the Naval Discipline Act 1957 as it applies in relation to one under section 209 of the Armed Forces Act 2006.”

(6) In subsection (4A) after “2003” insert “ or a service community order or overseas community order under the Armed Forces Act 2006 ”.

(7) In subsection (6A) after “2000” insert “ , or an order under section 211 of the Armed Forces Act 2006 was made ”.

(8) In subsection (9)(b) after “2000” insert “ or section 209 of the Armed Forces Act 2006 ”.

Commencement Information

I5 Sch. 16 para. 65 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)

I6 Sch. 16 para. 65 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

66 U.K. In the Schedule to that Act (service disciplinary convictions referred to in section 6(6)(bb)), after paragraph 6 add—

“Provisions of the Armed Forces Act 2006 U.K.

7 Any service offence within the meaning of the Armed Forces Act 2006 except one punishable in the case of an offender aged 18 or over with imprisonment for more than two years.”

Commencement Information

I7 Sch. 16 para. 66 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)

I8 Sch. 16 para. 66 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4