Armed Forces Act 2006 - legislation

1 Armed Forces Act2006 CHAPTER 52 Explanatory Notes have been produced to assist in theunderstanding of this Act and are available separately 34 00 Armed Forces Act 2006 CHAPTER 52 CONTENTSFIRST GROUP OF PARTSDISCIPLINEPART 1 OFFENCESA ssisting an enemy, misconduct on operations etc1 Assisting an enemy2 Misconduct on operations3 Obstructing operations4 Looting5 Failure to escape etcMutiny6 Mutiny7 Failure to suppress mutinyDesertion and absence without leave8 Desertion9 Absence without leave10 Failure to cause apprehension of deserters or absenteesInsubordination etc11 Misconduct towards a superior officer12 Disobedience to lawful commands13 Contravention of standing ordersArmed Forces Act 2006 (c. 52)ii14 Using force against a sentry etcNeglect of duty and misconduct15 Failure to attend for or perform duty etc16 Malingering17 Disclosure of information useful to an enemy18 Making false records etc19 Conduct prejudicial to good order and discipline20 Unfitness or misconduct through alcohol or drugs21 Fighting or threatening behaviour etc22 Ill-treatment of subordinates23 Disgraceful conduct of a cruel or indecent kindProperty offences24 Damage to or loss of public or service property25 Misapplying or wasting public or service property26 Sections 24 and 25.

2 Public property and service property Offences against service justice27 Obstructing or failing to assist a service policeman28 Resistance to arrest etc29 Offences in relation to service custody30 Allowing escape, or unlawful release, of prisoners etcShips and aircraft31 Hazarding of ship32 Giving false air signals etc33 Dangerous flying etc34 Low flying35 Annoyance by flying36 Inaccurate certification37 Prize offences by officer in command of ship or aircraft38 Other prize offencesAttempts, incitement, and aiding and abetting39 Attempts40 Incitement41 Aiding, abetting, counselling or procuringCriminal conduct42 Criminal conduct43 Attempting criminal conduct44 Trial of section 42 offence of attempt45 Conspiring to commit criminal conduct46 Inciting criminal conduct47 Aiding, abetting, counselling or procuring criminal conduct48 Provision supplementary to sections 43 to 4749 Air Navigation Order offencesArmed Forces Act 2006 (c. 52)iiiPART 2 JURISDICTION AND TIME LIMITSCHAPTER 1 JURISDICTIONC ourt Martial50 Jurisdiction of the Court MartialService Civilian Court51 Jurisdiction of the Service Civilian CourtCommanding officers52 Charges capable of being heard summarily53 Offences that may be dealt with at a summary hearing54 Charges which may be heard summarily only with permission or by seniorofficerCHAPTER 2 TIME LIMITS FOR COMMENCING PROCEEDINGSTime limits for offences other than Reserve Forces Act offences55 Time limit for charging former member of a regular or reserve force56 Time limit for charging certain members or former members of ex-regularreserve forces57 Time limit for charging person formerly subject to service law58 Time limit for charging civilian formerly subject to service discipline59 Time limit for charging offence under section 10760 Time limit for charging offence under section 26661 Sections 55 to 60.

3 Exceptions and interpretationTime limit for Reserve Forces Act offences62 Time limit for charging Reserve Forces Act offencesCHAPTER 3 DOUBLE JEOPARDY63 Service proceedings barring subsequent service proceedings64 Service proceedings barring subsequent civilian proceedings65 Sections 63 and 64: supplementary66 Civilian proceedings barring subsequent service proceedingsArmed Forces Act 2006 (c. 52)ivPART 3 POWERS OF ARREST, SEARCH AND ENTRYCHAPTER 1 ARREST ETCP owers of arrest67 Power of arrest for service offence68 Section 67: supplementary69 Power of arrest in anticipation of commission of service offenceSearch on arrest70 Search by service policeman upon arrest71 Search by other persons upon arrest72 Sections 70 and 71: supplementary73 Seizure and retention after search upon arrest74 Power to make provision conferring power to search premises at whichperson arrestedCHAPTER 2 STOP AND SEARCH75 Power of service policeman to stop and search persons, vehicles etc76 Stop and search by persons other than service policemen77 Sections 75 and 76: definitions78 Places in which powers under sections 75 and 76 may be exercised79 Sections 75 and 76: limitation on searching persons or vehicles in certaingardens etc80 Searches under sections 75 and 76.

4 Supplementary81 Power to make further provision about searches under sections 75 and 7682 Application of Chapter to ships and aircraftCHAPTER 3 POWERS OF ENTRY, SEARCH AND SEIZUREE ntry for purposes of obtaining evidence etc83 Power of judge advocate to authorise entry and search84 Section 83: definitions85 Section 83: power to make supplementary provision86 Power to make provision as to access to excluded material etc87 Power of CO to authorise entry and search by service policeman88 Power of CO to authorise entry and search by other persons89 Review by judge advocate of certain searches under section 87 or 88 Entry for purposes of arrest etc90 Entry for purpose of arrest etc by a service policemanArmed Forces Act 2006 (c. 52)v91 Entry for purpose of arrest etc by other personsAdditional powers of entry, search and seizure92 Power to make provision conferring powers of entry and search after arrest93 Power to make provision conferring power of seizure etcCHAPTER 4 SUPPLEMENTARY94 Property in possession of service police or CO95 Saving provision96 Service living accommodation , premises and other definitions97 Power to use reasonable forcePART 4 CUSTODYCHAPTER 1 CUSTODY WITHOUT CHARGE98 Limitations on custody without charge99 Authorisation by commanding officer of custody without charge100 Review of custody by commanding officer101 Extension by judge advocate of custody without charge102 Further provision about applications under section 101103 Custody without charge: other cases104 Custody without charge.

5 SupplementaryCHAPTER 2 CUSTODY ETC AFTER CHARGEC ustody after charge105 Custody after charge106 Conditions A to D107 Release from custody after charge108 Review of custody after charge109 Custody during proceedings of Court Martial or Service Civilian CourtArrest after charge110 Arrest after charge or during proceedings by order of commanding officer111 Arrest during proceedings at direction of courtCHAPTER 3 CUSTODY PROCEEDINGS RULES112 Custody proceedings rulesArmed Forces Act 2006 (c. 52)viPART 5 INVESTIGATION, CHARGING AND MODE OF TRIALCHAPTER 1 INVESTIGATIOND uties of commanding officers113CO to ensure service police aware of possibility serious offence committed114CO to ensure service police aware of certain circumstances115 Duty of CO with respect to investigation of service offencesDuty of service policeman following investigation116 Referral of case following investigation by service or civilian police117 Section 116: position where investigation is of multiple offences or offenders118 Duty of service policeman to notify CO of referral to DSPCHAPTER 2 CHARGING AND MODE OF TRIALP owers of charging etc119 Circumstances in which CO has power to charge etc120 Power of CO to charge etc121 Power of DSP to direct bringing of charge etc122 Charges brought at direction of DSPP owers of commanding officer or DSP after charge etc123 Powers of CO after charge124CO to hear charge allocated for summary hearing125 Powers of DSP in respect of charge allocated for Court Martial trial126 Powers of DSP in respect of charge allocated for SCC trialCHAPTER 3 SUPPLEMENTARY127 Directions by DSP barring further proceedings128 Regulations for purposes of part 5 Armed Forces Act 2006 (c.)

6 52)viiPART 6 SUMMARY HEARING AND APPEALS AND REVIEWCHAPTER 1 SUMMARY HEARINGR ight to elect Court Martial trial129 Right to elect Court Martial trial130 Further consequences of election for Court Martial trialSummary hearing131 Summary hearingPunishments available to commanding officer132 Punishments available to commanding officer133 Detention: limits on powers134 Forfeiture of seniority: requirement for approval135 Reduction in rank: limits on powers136 Fine: maximum amount137 Service compensation orders: maximum amount138 Prohibited combinations of punishments139 Savings for maximum penalties for offencesCHAPTER 2 THE SUMMARY APPEAL COURT140 The Summary Appeal Court141 Right of appeal142 Constitution of the SAC for appeals143 Officers and warrant officers qualified for membership of the SAC144 Officers and warrant officers ineligible for membership in particularcircumstances145 Open court146 Hearing of appeals147 Powers of the SAC148 Effect of substituted punishment149 Making of, and appeals from, decisions of the SAC150 Privileges of witnesses and others151 SAC rulesCHAPTER 3 REVIEW OF SUMMARY FINDINGS AND PUNISHMENTS152 Review of summary findings and punishmentsArmed Forces Act 2006 (c.

7 52)viiiCHAPTER 4 SUMMARY HEARINGS ETC RULES153 Summary hearings etc rulesPART 7 TRIAL BY COURT MARTIALCHAPTER 1 THE COURT MARTIAL154 The Court Martial155 Constitution of the Court Martial156 Officers and warrant officers qualified for membership of the Court Martial157 Officers and warrant officers ineligible for membership in particularcircumstancesCHAPTER 2 COURT MARTIAL PROCEEDINGS158 Open court159 Rulings and directions160 Decisions of Court Martial: finding and sentence161 Power of Court Martial to convict of offence other than that charged162 Privileges of witnesses and others163 Court Martial rulesCHAPTER 3 PUNISHMENTS AVAILABLE TO COURT MARTIAL164 Punishments available to Court Martial165 Sentencing powers of Court Martial where election for trial by that courtinstead of COCHAPTER 4 FINDINGS OF UNFITNESS TO STAND TRIAL AND INSANITY166 Fitness to stand trial167 Finding that defendant did the act or made the omission charged168 Findings of insanity169 Powers where person unfit to stand trial or not guilty by reason of insanity170 Service supervision orders171 Remission for trial172 Provision supplementary to sections 166 and 168 Armed Forces Act 2006 (c.

8 52)ixPART 8 SENTENCING POWERS AND MANDATORY ETC SENTENCESCHAPTER 1 DEFINITION ETC OF CERTAIN SENTENCESS ervice supervision and punishment orders173 Service supervision and punishment orders174 Review of service supervision and punishment ordersService compensation orders175 Service compensation orders176 Service compensation orders: appeals etc177 Review of service compensation ordersService community orders (civilians and dismissed servicemen only)178 Service community orders179 Periodic review etc of service community orders180 Transfer of service community order to Scotland or Northern Ireland181 Breach, revocation or amendment of service community orderOverseas community orders (civilians only)182 Overseas community orders183 Overseas community orders: modifications of 2003 Act184 Breach, revocation or amendment of overseas community orderConditional or absolute discharge (civilians only)185 Conditional or absolute discharge186 Commission of further offence by person conditionally discharged187 Effect of dischargeCHAPTER 2 CONSECUTIVE SENTENCES188 Consecutive custodial sentences189 Consecutive sentences of service detentionCHAPTER 3 SUSPENDED SENTENCE OF SERVICE DETENTION190 Suspension of sentence of service detention191 Activation by Court Martial of suspended sentence of service detention192 Activation by Court Martial: appeals193 Activation by CO of suspended sentence of service detention194 Activation by CO: maximum termArmed Forces Act 2006 (c.

9 52)x195 Suspended sentences: powers of SACCHAPTER 4 IMPRISONMENT FOR TERM OF UNDER 12 MONTHSA pplication of provisions in the 2003 Act196 Term of sentence etcImprisonment with or without "custody plus" order197 Imprisonment with or without a custody plus order198 Transfer to Scotland or Northern Ireland of custody plus order199 Revocation and amendment of custody plus ordersSuspended sentences of imprisonment200 Suspended sentence orders with or without community requirements201 Order without community requirements: provisions not applying202 Order with community requirements: disapplication of certain provisions203 Review of order with community requirements204 Transfer to Scotland or Northern Ireland of order with communityrequirements205 Amendment of order with community requirements206 Suspended sentence: further conviction or breach of community requirementSupplementary207 Definitions for purposes of ChapterCHAPTER 5 YOUNG OFFENDERS: CUSTODIAL SENTENCES AVAILABLE TO SERVICE COURTSP rohibition on imposing imprisonment on persons under 18208 Prohibition on imposing imprisonment on persons under 18 Detention for certain serious offences209 Offenders under 18 convicted of certain serious offences: power to detain forspecified period210 Detention under section 209: place of detention etcDetention and training orders211 Offenders under 18: detention and training orders212 Term of detention and training order: general213 Application of provisions relating to civilian detention and training orders214 Offences during currency of detention and training order215 Section 214: definitions etc216 Appeals against orders under section 214 Armed Forces Act 2006 (c.

10 52)xiCHAPTER 6 MANDATORY ETC CUSTODIAL SENTENCES FOR CERTAIN OFFENCESM andatory sentences217 Mandatory life imprisonment218 Offenders who commit murder etc when under 18: mandatory detention atHer Majesty s pleasureRequired sentences219 Dangerous offenders aged 18 or over220 Certain violent or sexual offences: offenders aged 18 or over221 Dangerous offenders aged under 18222 Offenders aged under 18: certain violent or sexual offences223 The required opinion for purposes of sections 219 to 222224 Place of detention under certain sentences225 Third drug trafficking offence226 Third domestic burglary227 Firearms offences228 Appeals where previous convictions set asideCHAPTER 7 COURT ORDERS OTHER THAN SENTENCESS ervice restraining orders229 Service restraining orders230 Service restraining orders: supplementary231 Service restraining orders: appeals232 Service restraining orders: variation and revocationOrder for parent or guardian to enter int