Armed Forces Act 2006

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 Number	Punishment	Limitation
1	imprisonment
2	dismissal with disgrace from Her Majesty's service	only if the person being sentenced is an officer or a member of the reserve forces
3	dismissal from Her Majesty's service	only if the person being sentenced is an officer or a member of the reserve forces
4	detention for a term not exceeding two years	not if the person being sentenced is an officer, or was an officer when last a member of Her Majesty's forces
5	reduction in rank, or disrating	only if the person being sentenced is a warrant officer or non-commissioned officer, and not to an extent prohibited by regulations under subsection (4)
6	a fine
7	a service community order (defined by section 178)	only if subsection (5) permits
8	a severe reprimand or a reprimand	only if the person being sentenced is, or was at the time of the offence, an officer, warrant officer or non-commissioned officer
9	an absolute discharge (defined by section 185)
10	a service compensation order (defined by section 175)
[F1 11	a deprivation order (defined by section 177B)	only if section 177C permits]
[F2 12	a driving disqualification order (defined by section 177G)	only if subsection (5A) permits”]

(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.

Textual Amendments

F1 Words in Sch. 3 para. 3(1) Table inserted (1.5.2022 for specified purposes) by Armed Forces Act 2021 (c. 35), ss. 14(6)(b), 24(1); S.I. 2022/471, reg. 2(f)

F2 Words in Sch. 3 para. 3(1) Table inserted (1.5.2022 for specified purposes, 1.4.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 15(5)(b), 24(1); S.I. 2022/471, reg. 2(f); S.I. 2023/158, reg. 3

Commencement Information

I1 Sch. 3 para. 3 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. 3 para. 3 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

4 U.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 14 were to rows 2 to [F3 12];

(b) section 35(3) (penalty for annoyance by flying) has effect as if the reference to rows 3 to [F4 14] were to rows 3 to [F3 12];

(c) section 42(3) (penalties for criminal conduct offences) has effect as if the reference to rows 5 to [F4 14] were to rows 5 to [F3 12];

(d) any provision of regulations under section 328 (enlistment) which provides that an offence is punishable by any punishment mentioned in rows 2 to [F4 14] of the Table in section 164 has effect as if the reference to rows 2 to [F4 14] were to rows 2 to [F3 12];

(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 14 of the Table in section 164 has effect as if the reference to rows 7 to 14 were to rows 6 to [F3 12].

Textual Amendments

F3 Word in Sch. 3 para. 4 substituted (1.5.2022 for specified purposes, 1.4.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 6 para. 10(b)(ii); S.I. 2022/471, reg. 2(f); S.I. 2023/158, reg. 3

F4 Word in Sch. 3 para. 4 substituted (1.5.2022 for specified purposes, 1.4.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 6 para. 10(b)(i); S.I. 2022/471, reg. 2(f); S.I. 2023/158, reg. 3

Commencement Information

I3 Sch. 3 para. 4 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. 3 para. 4 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4