Explanatory note

These Regulations amend statutory instruments made under the Armed Forces Act 2006 (c. 52) (“the 2006 Act”) regarding the initiation of proceedings for service offences, the referral of cases for review by the Court Martial Appeal Court and the service offences that apply in relation to military aircraft.

The Regulations firstly amend the procedure set out in the Armed Forces (Part 5 of the Armed Forces Act 2006) Regulations 2009 (S.I. 2009/2055) for serving a charge sheet (which is how a person is charged with a service offence under Part 5 of the 2006 Act). The amendments enable a commanding officer to serve a charge sheet by post or by leaving it at a person’s address if that person has ceased to be subject to service law or a civilian subject to service discipline. If a person in that position is charged by the Director of Service Prosecutions, the Director may also serve the charge by post etc. The Regulations also make minor changes to S.I. 2009/2055 to take account of sections 3 to 5 of the Armed Forces Act 2016 (c. 21) which amend Part 5.

Secondly the Regulations amend the Armed Forces (Review of Court Martial Sentence) Order 2009 (S.I. 2009/1168) which concerns the review of unduly lenient sentences for service offences relating to criminal conduct. Criminal conduct by persons subject to law or civilians subject to service discipline is a service offence under section 42 of the 2006 Act and before that Act came into force analogous offences applied under section 70 of the Army Act 1955, section 70 of Air Force Act 1955 and section 42 of the Naval Discipline Act 1957. In all these offences criminal conduct means, or meant, conduct anywhere in the world that is, or would be, a criminal offence in England and Wales. Sentences for these service offences are eligible for review when the corresponding criminal offence is either indicatable only or listed in the Schedule to S.I. 2009/1168 (for offences under Army Act 1955 etc. see also the Armed Forces (Transitional Provisions etc.) Order 2009 (S.I. 2009/1059)). The Regulations add four sexual offences repealed in 2004 to those listed in the Schedule, which can be still be charged for conduct pre-dating the repeal.

Lastly these Regulations make technical amendments to the Armed Forces (Prescribed Air Navigation Order Offences) Order 2009 (S.I. 2009/1094). This Order specifies criminal offences relating to civil aircraft for the purposes of section 49 of the 2006 Act to make the same behaviour a service offence if it relates to a military aircraft. The amendments update references to offences under the Air Navigation Order 2005 (S.I. 2005/1970) so they refer to analogous offences in the current Air Navigation Order 2016 (S.I. 2016/765).

A full impact statement has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.