Army Act 1955 (repealed)

Trial of persons ceasing to be subject to military law and time limits for trialsF29 U.K.

Textual Amendments applied to the whole legislation

F29 Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2

131 Trial and punishment of offences under military law notwithstanding offender ceasing to be subject tomilitary law. U.K.

(1) Subject to the provisions of the next following section, where an offence under this Act triable bycourt-martial has been committed, or is reasonably suspected of having been committed, by any person while subject to military law, then in relation to that offence he shall be treated, for the purposes of the provisions of this Act relating to arrest, keeping in custody, investigation of charges, [F1 summary dealing with charges] trial and punishment by court-martial (including F2 . . ., review, F3 . . . and suspension) and execution of sentences as continuing subject to military law notwithstanding his ceasing at any time to be subject thereto.

(2) Where, while a person is in military or air-force custody by virtue of this section (whether before,during or after trial) he commits, or is reasonably suspected of having committed, an offence which if he were subject to military law would be an offence under this Act triable by court-martial, then in relation to that offence or suspected offence he shall be treated, for the purposes of the provisions of this Act mentioned in the last foregoing subsection F4 , as having been subject to military law when the offence was committed or is suspected of having been committed and as continuing subject to military law thereafter.

(3) Where by virtue of either of the two last foregoing subsections a person is treated as being at any time subject to military law for the purpose of any provision of this Act, that provision shall apply tohim—

(a) if he holds any military rank, as to a person having that rank;

(b) if he holds any naval or air-force rank or rating, as to a person having the corresponding military rank;

(c) otherwise as to a person having the rank which he had when last actually subject to military law:

Provided that as respects any time after he has been sentenced for the offence in question F5 . . .the said provision shall apply to him (in any case) as to a soldier.

(4) Where apart from this subsection any provision of this Act would under the last foregoing subsection apply to a person, in relation to different offences, as to a person having different ranks, it shall apply to him as to a person having the lower or lowest of those ranks.

Textual Amendments

F1 Words inserted by Armed Forces Act 1981 (c. 55), s. 6(2)

F2 Word in s. 131(1) repealed (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 35(2), Sch. 7 Pt. II; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

F3 Word in s. 131(1) repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1)(2), Sch. 2 para. 11(1), Sch. 3; S.I. 1991/2719, art. 2, Sch.

F4 Words repealed by Armed Forces Act 1981 (c. 55), Sch. 5 Pt. II

F5 S. 131(3): words in proviso repealed (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 35(2), Sch. 7 Pt. II; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

132 Limitation of time for trial of offences under military law. U.K.

[F6 (1) Where by virtue of any enactment proceedings on indictment for any civil offence must be brought withina limited period, no proceedings shall be taken against any person for an offence against section 70 of thisAct corresponding to that civil offence unless the trial or proceedings on a summary dealing with the chargeis or are begun before the end of that period.]

(2) Where a person who has committed an offence of desertion, other than desertion on active service, hassince the offence served as a member of the regular forces continuously in an exemplary manner for not lessthan three years, he shall not be tried for that offence.

[F7 (3) Except in relation to the offences specified in subsection (3A) below, no proceedings shall be takenagainst a person by virtue of subsection (1) of section 131 of this Act unless—

(a) in a case where the charge is one which may be dealt with summarily, the proceedings on the summarydealing with the charge are begun within three months or the trial by court-martial is begun within sixmonths after he ceases to be subject to military law;

(b) in a case where the charge is one which cannot be dealt with summarily, the trial is begun within sixmonths after he ceases to be subject to military law.

(3A) Subsection (3) above does not apply to an offence against section 31 or 32 of this Act or desertion orto an offence against section 70 where the civil offence is alleged to have been committed outside theUnited Kingdom and the Attorney General consents to the proceedings.]

(4) A person shall not be arrested or kept in custody by virtue of subsection (1) of the last foregoingsection for an offence at any time after he has ceased to be triable for the offence.

Textual Amendments

F6 S. 132(1) substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 7(1)(6)

F7 S. 132(3)(3A) substituted for s. 132(3) by Armed Forces Act 1981 (c. 55), s. 6(3)(c)

Modifications etc. (not altering text)

C1 S. 132 excluded (1.4.1997) by S.I. 1997/172, art. 86

[F8 133 Jurisdiction of civil courts U.K.

(1) Where a person subject to military law—

(a) has been tried for an offence by a court-martial or has had an offence committed by him taken intoconsideration by a court-martial in sentencing him, or

(b) has been charged with an offence under this Act and has had the charge dealt with summarily by hiscommanding officer or the appropriate superior authority,

a civil court shall be debarred from trying him subsequently for [F9 the same, or substantially the same offence] ; but except as aforesaid nothing in this Act shall be construed as restricting the jurisdictionof any civil court to try a person subject to this Act for an offence.

(2) For the purposes of this section—

F10 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a person shall not be deemed to have had an offence taken into consideration by a court-martial insentencing him if F11 . . . the sentence is quashed [F12 (as well as in a case where the taking into consideration of the offence has beenannuled by the F11 . . . reviewing authority)];

(c) a case shall be deemed to have been dealt with summarily by the commanding officer or appropriatesuperior authority notwithstanding that the finding of that officer or authority has been quashed, or theaward of that officer or authority quashed or varied, on the review thereof].

Textual Amendments

F8 S. 133 substituted by Armed Forces Act 1966 (c. 45), s. 25(1)

F9 Words in s. 133(1) substituted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1), Sch. 2 para. 5(2); S.I. 1991/2719, art. 2

F10 Words in s. 133(2)(a) repealed (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 35(2), Sch. 7 Pt. II; S.I. 1997/304, arts. 2, 3 (with transitional provisions in Sch. 2)

F11 Words in s. 133(2)(b) repealed (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 35(2), Sch. 7 Pt. II; S.I. 1997/304, arts. 2, 3 (with transitional provisions in Sch. 2)

F12 Words added by Armed Forces Act 1981 (c. 55), s. 5(4)(a)

Modifications etc. (not altering text)

C2 S. 133 extended with modifications by Armed Forces Act 1976 (c. 52), Sch. 3 para. 16

[F13 133A Financial penalty enforcement orders. U.K.

(1) If—

(a) a financial penalty has been awarded against any person under this Act, and

[F14 (b) the penalty was—

(i) a fine awarded in respect of a qualifying offence (or in respect of such an offence together with otheroffences) on the conviction of a qualifying offence either of that person or of the person as whose parentor guardian that person is to pay the penalty; or

(ii) stoppages or a compensation order awarded in respect of a qualifying offence, (whether on the convictionof any person of the offence or on a request by any person for the offence to be taken into consideration); and]

(c) no term of imprisonment was imposed in default of payment, and

(d) no appeal is outstanding and the time provided for the giving of notice of appeal against the award hasexpired, and

(e) the whole or any part of the penalty remains unpaid or unrecovered, and

(f) the person against whom the award was made is a person to whom this section applies,

the Defence Council or an officer authorised by them may make an order (in this section referred toas a “financial penalty enforcement order") for the registration of the penalty by the relevant court.

(2) This section applies to a person who

[F15 (a)] is, or would be but for section 131 above, neither subject toservice law nor a civilian to whom Part II of this Act is applied by section 209 below, Part II of the M1 Air Force Act 1955 is applied by section 209 of that Act or Parts I and II of the M2 Naval Discipline Act 1957 are applied by section 118 of that Act.

[F16 ; or

(b) is subject to service law because he is a special member of a reserve force within the meaning of the Reserve Forces Act 1996.]

(3) In this section “qualifying offence” means

(a) an offence under section 36 above committed outside the United Kingdom and consisting of or includingacts or omissions that would constitute a comparable foreign offence or a local road traffic offence;

(b) an offence under section 70 above;

(c) an offence under any provision of this Act other than section 70 above consisting of or including actsor omissions which would also constitute an offence under section 70 above;

and for the purposes of this definition—

• “comparable foreign offence” means an offence under the civil law of any place outside theUnited Kingdom which is comparable to an offence under the law of England and Wales; and

• “local road traffic offence” means an offence under the civil law of any place outside theUnited Kingdom relating to road traffic.

(4) A financial penalty enforcement order shall contain a certificate issued on behalf of the DefenceCouncil or by an officer authorised by them and stating—

(a) that a financial penalty has been awarded against the person named in the order;

(b) that the conditions specified in paragraphs (b) to (f) of subsection (1) above are satisfied;

(c) the nature and amount of the penalty;

(d) the date on which and the [F17 offence or offences] in respect of which it was awarded;

(e) if it was awarded against the person named in the order as the parent or guardian of some other person,the fact that it was so awarded and the name of that other person;

(f) sufficient particulars of the case (including particulars of any offences taken into consideration atthe trial);

(g) the date of any payment or recovery of a sum on account of the penalty;

(h) the sum outstanding; and

(j) the authority to whom and address to which any stoppages or compensation included in the penalty willfall, on recovery, to be remitted under subsection (7) below.

(5) A document purporting to be a financial penalty enforcement order and to be signed on behalf of theDefence Council or by an officer authorised by them shall be deemed to be such an order unless the contraryis proved, and a certificate under subsection (4) above shall be evidence of the matters stated.

(6) Subject to subsection (7) below, upon registration of a financial penalty enforcement order—

(a) service enforcement procedures shall cease to be available for the recovery of the sum certified asoutstanding, and

(b) that sum shall be treated for all purposes as if it had been a fine imposed upon a conviction by therelevant court.

(7) Stoppages or compensation recovered under this section shall be remitted to the authority at the addressspecified in the certificate under subsection (4) above.

(8) Where it appears from a financial penalty enforcement order that the penalty was imposed in respect ofmore than one offence, it shall be deemed for the purposes of enforcement to be a single penalty only.

(9) Where—

(a) a financial penalty enforcement order has been made against any person, and

(b) he ceases to be a person to whom this section applies at a time when the whole or any part of thecertified sum is still outstanding,

service enforcement procedures shall apply to the amount outstanding as if it were a sum payable byway of a fine imposed by a civil court.

(10) In this section—

• “financial penalty” means—

(a) a fine, including a fine imposed by virtue of paragraph 13 of Schedule 5A below;

(b) stoppages;

(c) a compensation order imposed by virtue of paragraph 11 or 13 of Schedule 5A below; F18

(d)

• F18 “the relevant court” means—

(a) the magistrates’ court in England or Wales,

(b) the sheriff court in Scotland, or

(c) the court of summary jurisdiction in Northern Ireland,

within whose jurisdiction the person against whom a financial penalty enforcement order is made appearsto the Defence Council or an officer authorised by them to reside or to be likely to reside;

• “service enforcement procedures” means any procedure available by virtue of any of thefollowing enactments, namely—

(a) sections 144, 146 and 209(4) and (4A) below and sections 144, 146 and 209(4) and (4A) of the M3 Air Force Act 1955, and

(b) sections 128A and 128B of the M4 Naval Discipline Act 1957; and “stoppages” does not include sums awarded by virtue of section 147 or 148 below.

[F19 (11) Where a fine has been awarded together with stoppages or a compensation order, this section shall haveeffect in relation to the fine and to the stoppages or compensation order as if they were separatepenalties.]]

Textual Amendments

F13 S. 133A inserted by Armed Forces Act 1976 (c. 52), s. 16, Sch. 8 para. 1

F14 S. 133A(1)(b) substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1para. 7(2)

F15 S. 133A(2): word “(a)" inserted (1.1.1999) by S.I. 1998/3086, reg. 5(1)

F16 Word “or" and s. 133A(2)(b) inserted (1.1.1999) by S.I. 1998/3086, reg. 5(1)

F17 Words substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para. 7(3)

F18 Para. (d) in the definition of “financial penalty" and the word “or"immediately preceding it repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(2), Sch. 2

F19 S. 133A(11) inserted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para.7(4)

Marginal Citations

M1 1955 c. 19.

M2 1957 c. 53.

M3 1955c. 19.

M4 1957 c. 53

134 Persons not to be tried under this Act for offences already disposed of. U.K.

(1) Where a person subject to military law—

[F20 (a) has been tried for an offence by a competent civil court, wherever situated, or a court-martial (whetherheld under this Act, the M5 Air Force Act 1955 or the M6 Naval DisciplineAct 1957), or

(aa) has had an offence committed by him taken into consideration when being sentenced by a competent civilcourt in the United Kingdom or any such court-martial as is referred to in the foregoing paragraph; or]

(b) has been charged with an offence under this Act, [F21 the M7 Naval Discipline Act 1957] or the M8 Air Force Act 1955, and has had the charge dismissed, or has [F22 had a finding that the charge has been proved recorded against him], by his commanding officer or the appropriate superior authority, or

(c) has had an offence condoned by his commanding officer (whether military, naval or air-force),

he shall not be liable in respect of [F23 the same, or substantially the same offence] to be tried by court-martial or to have the casedealt with summarily by his commanding officer or the appropriate superior authority.

(2) For the purposes of this section—

F24 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a person shall not be deemed to have had an offence taken into consideration by a court-martial insentencing him if [F25 confirmation of the sentence of the court is withheld or] the sentence is quashed [F26 (as well as in a case where the taking into consideration of the offence has beenannulled by the F27 . . . reviewing authority)];

(c) a case shall be deemed to have been dealt with summarily by the commanding officer or appropriatesuperior authority notwithstanding that the finding of that officer or authority has been quashed, or theaward of that officer or authority quashed or varied, on the review thereof;

(d) an offence shall be deemed to have been condoned by the commanding officer of a person alleged to havecommitted the offence if, and only if, that officer or any officer authorised by him to act in relation tothe alleged offence has with knowledge of all relevant circumstances informed him that he will not becharged therewith;

(e) a person ordered under subsection (2) of section fifty-seven of this Act or the corresponding provisionof the M9 Air Force Act 1955, to be imprisoned or to undergo detention for an offenceagainst that section or provision shall be deemed to have been tried by court-martial for the offence.

F28 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Save as provided in the foregoing provisions of this section, proceedings for an offence against thisAct (whether before a commanding officer or appropriate superior authority or before a court-martial) shallnot be barred on the ground of condonation.

Textual Amendments

F20 S. 134(1)(a)(aa) substituted for s. 134(1)(a) by Armed Forces Act 1966 (c. 45), s. 26

F21 Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2)

F22 Words in s. 134(1)(b) substituted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 67; S.I. 1997/304, arts. 2, 3 (with transitional provisions in Sch. 2)

F23 Words in s. 134(1) substituted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1), Sch. 2 para. 5(3); S.I. 1991/2719, art. 2

F24 S. 134(2)(a) repealed (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 35(2), Sch. 7 Pt. II; S.I. 1997/304, arts. 2, 3 (with transitional provisions in Sch. 2)

F25 By 1996 c. 46, s. 35(2), Sch. 7 Pt. II; S.I. 1997/304, arts. 2, 3 (with transitional provisions in Sch. 2) it is provided that in s. 134(2)(b) the words “confirmation of the sentence is withheld or" are repealed (1.4.1997 subject to art. 3 of the commencing S.I.)

F26 Words added by Armed Forces Act 1981 (c. 55), s. 5(4)(b)

F27 Words in s. 134(2)(b) repealed (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 35(2), Sch. 7 Pt. II; S.I. 1997/304, arts. 2, 3 (with transitional provisions in Sch. 2)

F28 S. 134(3) repealed (1.4.1997 subject to art. 3 of the comencing S.I.) by 1996 c. 46, s. 35(2), Sch. 7 Pt. II; S.I. 1997/304, arts. 2, 3 (with transitional provisions in Sch. 2)

Modifications etc. (not altering text)

C3 S. 134 excluded by Courts-Martial (Appeals) Act 1968 (c. 20), s. 19(2)

C4 S. 134 modified (1.4.1997) by S.I. 1997/172, art. 86

C5 S. 134(1)(2) extended with modification by Armed Forces Act 1976 (c. 52), Sch. 3 para.16

Marginal Citations

M5 1955 c. 19.

M6 1957 c. 53.

M7 1957 c. 53.

M8 1955 c. 19.

M9 1955 c. 19.