Armed Forces Act 2006

[F1 232A Service sexual offences prevention orders U.K.

(1) The Court Martial or the Service Civilian Court may make an order under this section where—

(a) it deals with a person within subsection (2) (“the defendant”) in respect of—

(i) a qualifying section 42 offence of which the defendant has been convicted; or

(ii) a relevant finding in relation to a qualifying section 42 offence; and

(b) it is satisfied that it is necessary to make an order under this section for the purpose of protecting the service community outside the United Kingdom from serious sexual harm from the defendant.

(2) The following are persons within this subsection—

(a) a member of the regular forces;

(b) a member of the reserve forces (whether or not for the time being subject to service law);

(c) a civilian subject to service discipline;

(d) a person who the court is satisfied is intending to become, or likely to become, a civilian subject to service discipline.

(3) An order under this section—

(a) prohibits the defendant from doing anything described in the order; and

(b) has effect for a fixed period, of at least five years, specified in the order or until further order.

(4) The only prohibitions that may be included in the order are those necessary for the purpose of protecting the service community outside the United Kingdom from serious sexual harm from the defendant.

(5) Where—

(a) a court makes an order under this section, and

(b) the defendant is already subject to such an order (whether made by that court or another),

the earlier order ceases to have effect.

(6) In this section and sections 232B to 232E—

(a) “protecting the service community outside the United Kingdom from serious sexual harm” from a person means protecting the service community outside the United Kingdom, or particular members of that community, from serious physical or psychological harm, caused by the person committing one or more offences under section 42 as respects which the corresponding offence under the law of England and Wales is an offence listed in Schedule 3 to SOA 2003;

(b) “qualifying section 42 offence” means an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence listed in Schedule 3 or 5 to SOA 2003;

(c) “relevant finding”, in relation to an offence, means—

(i) a finding that a person is not guilty of the offence by reason of insanity; or

(ii) a finding that a person is unfit to stand trial and has done the act charged;

(d) “service community” means persons subject to service law and civilians subject to service discipline;

(e) “SOA 2003” means the Sexual Offences Act 2003.

(7) In construing subsection (6)(a) or (b), any condition subject to which an offence is listed in Schedule 3 to SOA 2003 that relates—

(a) to the way in which a person is dealt with in respect of the offence or a relevant finding, or

(b) to the age of any person,

is to be disregarded.]

Textual Amendments

F1 Ss. 232A-232G and cross-heading inserted (8.3.2012 for specified purposes) by Armed Forces Act 2011 (c. 18), ss. 17(1), 32(3); S.I. 2012/669, art. 3(d)