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Armed Forces Act 2006

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No versions valid at: 01/10/2008

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Point in time view as at 01/10/2008. This version of this part contains provisions that are not valid for this point in time. Help about Status

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Armed Forces Act 2006, Part 2 is up to date with all changes known to be in force on or before 25 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Valid from 28/03/2009

Part 2 U.K.Ex-servicemen etc

3(1)In relation to an offender to whom this Part of this Schedule applies, section 164 (punishments available to Court Martial) has effect as if subsections (6) and (7) were omitted and as if for the Table there were substituted—U.K.

TABLE

Row NumberPunishmentLimitation
1imprisonment 
2dismissal with disgrace from Her Majesty's serviceonly if the person being sentenced is an officer or a member of the reserve forces
3dismissal from Her Majesty's serviceonly if the person being sentenced is an officer or a member of the reserve forces
4detention for a term not exceeding two yearsnot if the person being sentenced is an officer, or was an officer when last a member of Her Majesty's forces
5reduction in rank, or disratingonly if the person being sentenced is a warrant officer or non-commissioned officer, and not to an extent prohibited by regulations under subsection (4)
6a fine 
7a service community order (defined by section 178)only if subsection (5) permits
8a severe reprimand or a reprimandonly if the person being sentenced is, or was at the time of the offence, an officer, warrant officer or non-commissioned officer
9an absolute discharge (defined by section 185) 
10a service compensation order (defined by section 175) 

(2)A person is an offender to whom this Part of this Schedule applies if when sentenced he is—

(a)not subject to service law;

(b)not a member of a volunteer reserve force;

(c)not a member of an ex-regular reserve force who is subject to an additional duties commitment; and

(d)not a civilian offender for the purposes of Part 1 of this Schedule.

4U.K.For the purposes of determining the Court Martial's powers when sentencing an offender to whom this Part of this Schedule applies—

(a)section 25(2) (penalty for misapplying public property etc) has effect as if the reference to rows 2 to 12 were to rows 2 to 10;

(b)section 35(3) (penalty for annoyance by flying) has effect as if the reference to rows 3 to 12 were to rows 3 to 10;

(c)section 42(3) (penalties for criminal conduct offences) has effect as if the reference to rows 5 to 12 were to rows 5 to 10;

(d)any provision of regulations under section 328 (enlistment) which provides that an offence is punishable by any punishment mentioned in rows 2 to 12 of the Table in section 164 has effect as if the reference to rows 2 to 12 were to rows 2 to 10;

(e)any provision of regulations under section 343 (service inquiries) which provides that an offence is punishable by any punishment mentioned in rows 7 to 12 of the Table in section 164 has effect as if the reference to rows 7 to 12 were to rows 6 to 10.

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