Explanatory note

This Order amends Schedule 2 to the Armed Forces Act 2006 (c. 52) (“the 2006 Act”).

Schedule 2 lists those serious service offences (“Schedule 2 offences”) to which sections 113 and 116 of the 2006 Act apply. Section 113 of the 2006 Act requires a commanding officer to notify a service police force if he or she becomes aware that a Schedule 2 offence has or may have been committed by a person under his or her command. Section 116 of the 2006 Act requires a service policeman who considers that there is sufficient evidence to charge a person with a Schedule 2 offence to refer the case to the Director of Service Prosecutions.

Schedule 2 offences include serious disciplinary offences, such as mutiny and desertion, and serious criminal offences under section 42 of the 2006 Act, such as murder, manslaughter and certain sexual offences.

The effect of article 2 is to make the following criminal offences Schedule 2 offences: an offence under section 3 of the Sexual Offences Act 2003 (c. 42) (sexual assault), an offence under section 66 of that Act (exposure) and an offence under section 67 of that Act (voyeurism).