Explanatory note

These amending Regulations are made under paragraph 17 of Schedule 5A to the Army Act 1955 and the Air Force Act 1955 and under paragraph 17 of Schedule 4A to the Naval Discipline Act 1957. The Regulations generally make provision for matters which are supplementary and incidental to the additional powers inserted by Schedule 4 to the Armed Forces Act 1976. These Regulations take account of the coming into force of section 9 of the Armed Forces Act 1986 which introduces the power of Standing Civilian Courts to defer sentence and provides for the determination of a deferred sentence by such a Court, or by an Army or Air Force Court-Martial on conviction of a further offence, by amending Schedule 5A to the Army Act 1955 and the Air Force Act 1955.

Regulation 5A requires the Appropriate Officer to have a report prepared for consideration by the Court in determining sentence at the end of the period of deferment where an offender has had sentence deferred. Regulation 6 and the additions to Schedule 2 of the Courts-Martial and Standing Civilian Courts (Additional Powers on Trial of Civilians) Regulations 1977 provide for the distribution of that report, which in respect of civilian offenders under the age of 17 years, is applicable to all Service Courts.