The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009

S.I. 2009/1059 · Made 23 April 2009 · Extends to United Kingdom

Contents

1. Part 1: GENERAL
2. 1Citation and commencement
3. 2Interpretation
4. 3SDA offences to be dealt with under this Order
5. 4Offences triable by civilian court
6. 5“Service offence” in AFA 2006 not to include offences committed before commencement
7. Part 2: LIABILITY FOR SDA OFFENCES
8. 6Liability for SDA offences
9. 7Punishment may not be more severe than maximum court-martial punishment
10. 8Civilian offenders
11. Part 3: CERTAIN ACTS BEFORE COMMENCEMENT
12. 9Offence incomplete at commencement
13. 10Course of conduct carried on over commencement
14. 11Conduct at a time unknown
15. Part 4: JURISDICTION
16. 12Jurisdiction of the Court Martial
17. 13Jurisdiction of the Service Civilian Court
18. 14Charges capable of being heard summarily
19. 15Offences that may be dealt with at a summary hearing
20. 16Charges in respect of SDA offences that may be heard summarily only with permission or by senior officer
21. Part 5: TIME LIMITS FOR COMMENCING PROCEEDINGS ETC
22. 17No charge to be brought where SDA time limit for trial expired before commencement etc
23. 18General time limits for charging servicemen or former servicemen with SDA offences
24. 19Time limits for charging civilian formerly subject to SDAs
25. 20Time limit for charging civilian formerly subject to service discipline with SDA offence
26. 21Time limit for charging SDA offence of failing to comply with requirement imposed on release from custody
27. 22Time limits for charging RFA offences
28. 23False statements made on enlistment
29. 24Breach of community supervision order
30. Part 6: DOUBLE JEOPARDY
31. 25Saving of existing bars to service proceedings
32. 26Saving of existing bars to civilian court proceedings
33. 27Application of AFA 2006 ss. 63 and 64
34. 28Application of AFA 2006 s. 66
35. Part 7: ARREST, SEARCH AND ENTRY
36. 29“Service offence”
37. 30Powers of arrest
38. 31Search on arrest
39. 32Stop and search
40. 33Powers of entry, search and seizure
41. Part 8: CUSTODY
42. Chapter 1: General
43. 34“Service offence”
44. Chapter 2: Custody without charge
45. 35Limitations on custody without charge of person arrested before commencement
46. 36Authorisation by CO of custody without charge
47. 37Extension by judge advocate of custody without charge
48. 38Persons arrested while in custody
49. 39Custody without charge: other cases
50. Chapter 3: Custody after charge
51. 40Custody after charge
52. 41Arrest after charge
53. Part 9: INVESTIGATION, CHARGING AND MODE OF TRIAL
54. 42“Service offence”, “Schedule 2 offence”
55. 43Duties and powers of commanding officers in relation to allegations etc
56. 44Charges preferred by prosecuting authority: allocation for Court Martial trial
57. 45Effect of time limits for court-martial trial
58. 46Charges reported to commanding officer: allocation for summary hearing
59. 47Exceptions to allocation for summary hearing
60. 48Effect of time limits for trial in relation to summary hearing
61. 49Charges allocated for summary hearing: restriction on CO's powers in certain cases
62. 50Deemed referrals under AFA 2006 s. 116(3)
63. 51Part of a case referred back under SDAs: power of CO to charge etc
64. 52Charges directed to be tried by a Standing Civilian Court
65. 53Effect of time limits for court-martial trial in relation to SCC
66. Part 10: SUMMARY DEALING
67. Chapter 1: Proceedings in progress at commencement
68. 54Summary hearing where court-martial trial declined before commencement
69. 55Powers of punishment where finding reached before commencement
70. 56Deemed disrating
71. 57Approval of summary punishment (NDA cases)
72. 58Warrant punishments
73. Chapter 2: Modifications of AFA 2006 for charge current at commencement
74. 59Applications for purposes of AFA 2006 made before commencement
75. 60Permissions for purposes of AA 1955 or AFA 1955 to award extended detention
76. 61Certain consequences of election for court-martial trial
77. Chapter 3: Activation of SDA suspended sentence of service detention following civilian conviction
78. 62Activation where application for approval made before commencement
79. Chapter 4: The Summary Appeal Court
80. 63Right of appeal
81. 64Appeal brought but not heard before commencement
82. 65Officers and warrant officers ineligible for membership of court
83. 66Punishments substituted for punishments imposed under AA 1955
84. 67Punishments substituted for punishments imposed under AFA 1955
85. 68Punishments substituted for punishments imposed under NDA 1957
86. 69Appeals from decisions of a summary appeal court
87. Chapter 5: Review of summary findings and punishments
88. 70Power to review summary findings and punishments
89. 71Power to complete review begun before commencement
90. 72Powers on a review carried out or completed under AFA 2006
91. 73Powers where review completed before commencement
92. Part 11: TRIAL BY COURT MARTIAL
93. Chapter 1: Trial by Court Martial
94. 74Pre-commencement selection of members of Court Martial
95. 75Eligibility to be member of the court
96. 76Arraignment before commencement
97. 77Power to convict of alternative offences
98. 78Sentencing powers where election for Court Martial trial
99. 79Appeals against pre-commencement orders restricting publicity etc
100. Chapter 2: Unfitness to stand trial and insanity
101. 80Continuation of hospital orders etc made before commencement
102. 81Remission for trial
103. 82Finding that defendant who is unfit to stand trial did the act or made the omission charged
104. 83Powers to make hospital orders etc
105. Chapter 3: Variation of court-martial sentence
106. 84Variation of court-martial sentence
107. Part 12: SENTENCING POWERS IN RELATION TO SDA OFFENCES
108. Chapter 1: Consecutive sentences
109. 85Consecutive custodial sentences and consecutive service detention
110. Chapter 2: Young offenders
111. 86Offenders under 18 convicted of certain serious SDA offences: power to detain for specified period
112. 87Offenders under 18: detention and training orders
113. Chapter 3: Mandatory etc sentences
114. 88Mandatory life imprisonment etc
115. 89Sentences required by SDAs
116. Chapter 4: Court orders other than sentences
117. 90Service restraining orders
118. 91Recognizances
119. Chapter 5: Miscellaneous
120. 92Power of Supreme Court to make service compensation order
121. Part 13: ACTIVATION OF SUSPENDED SENTENCES
122. Chapter 1: Interpretation
123. 93Suspended sentences
124. Chapter 2: Activation of suspended SDA sentence by the Court Martial
125. 94Activation of suspended SDA sentence of imprisonment
126. 95Activation of suspended SDA sentence of service detention on conviction by Court Martial
127. 96Activation of suspended NDA 1957 sentence of service detention following conviction by another court or a CO
128. Chapter 3: Activation of suspended NDA 1957 sentence of service detention by CO or SAC
129. 97Activation by CO
130. 98Powers of SAC
131. 99SAC powers where suspended sentence of more than 90 days
132. Chapter 4: Consecutive activated sentences
133. 100Activated SDA sentence of imprisonment
134. 101Activated sentence of service detention
135. Part 14: SENTENCING PRINCIPLES AND PROCEDURES
136. 102Sentencing principles and procedures: references to “service offence”, “service custody”, etc
137. 102ASeriousness of offence with terrorist connection
138. 103Increase in sentence for racial or religious aggravation
139. 104Limit on combined term of service detention
140. 105Limit on combined term: supplementary
141. 106Crediting of time in service custody
142. Part 14A: Review of sentence proceedings
143. 106AReview of sentence proceedings
144. Part 15: APPEALS AND REFERENCES TO THE COURT MARTIAL APPEAL COURT
145. 107Interpretation
146. 108Right of appeal against conviction or sentence by court-martial
147. 109Right of appeal against activation of suspended SDA sentence by Court Martial or court-martial
148. 110Application for leave to appeal against sentence by court-martial where previous conviction set aside
149. 111Quashing of conviction by court-martial
150. 112Power to re-sentence when some but not all convictions successfully appealed
151. 113Substitution of conviction on different charge otherwise than after guilty plea
152. 114Substitution of conviction on different charge after guilty plea
153. 115Variation of conviction so as to attract different sentence
154. 116Effect of appeal, or application for leave to appeal, against sentence
155. 117Powers of Appeal Court on appeal against sentence
156. 118Term of sentence
157. 119Retrial authorised by Appeal Court
158. 120Appeal against finding of not guilty by reason of insanity
159. 121Appeal against finding of unfitness to stand trial
160. 122Appeal against order made in cases of insanity or unfitness to stand trial
161. 123Costs of successful appeal
162. 124Reference of cases by Service authorities
163. 125Provision of record of proceedings of court-martial
164. 126Appeal to House of Lords or Supreme Court
165. 127Duties of registrar with respect to appeals etc
166. 128Saving for prerogative
167. 129Review of unduly lenient sentence for SDA offence
168. 130Compensation for miscarriages of justice
169. Part 15A: Appeals against review of sentence
170. 130AAppeals against review of sentence
171. Part 16: STANDING CIVILIAN COURTS AND THE SERVICE CIVILIAN COURT
172. 131Constitution of the Service Civilian Court
173. 132Arraignment before a Standing Civilian Court
174. 133Maximum fine for SDA civil offence
175. 134Appeal against conviction or sentence by Standing Civilian Court
176. Part 17: SERVICE AND EFFECT OF SENTENCES IN RESPECT OF SDA OFFENCES
177. Chapter 1: General
178. 135General saving for SDA sentences
179. Chapter 2: Custodial sentences and detention
180. 136Committal orders under NDA 1957: custodial sentences
181. 137Committal orders under NDA 1957: sentences of service detention
182. 138Commencement of SDA sentence of service detention awarded by CO: sentence not running at commencement
183. 139Commencement of SDA sentence of service detention awarded by CO: sentence running at commencement
184. 140Commencement of consecutive SDA sentence of service detention awarded by CO before commencement
185. 141Commencement of sentence of detention activated by CO under NDA 1957 before commencement
186. 142Commencement of SDA sentence of service detention awarded by CO after commencement
187. 143Commencement of sentence of detention activated by CO under NDA 1957 after commencement
188. 144Commencement of SDA sentence of service detention activated by CO under AFA 2006
189. 145Effect of custodial sentence or detention on rank or rate
190. 146Service of SDA sentence of service detention
191. 147Detention in service custody following passing of custodial sentence etc in respect of SDA offence
192. 148Removal to England and Wales following passing of custodial sentence etc in respect of SDA offence
193. 149Duty to receive and detain prisoners
194. 150Service custody etc rules
195. 151Duration of sentences: persons unlawfully at large or on temporary release
196. 152Remission of certain sentences on passing of custodial sentence etc
197. 153Power of service policeman to arrest person unlawfully at large
198. 154Sentences passed by civilian courts
199. Chapter 3: Financial penalties
200. 155Effect of appeal on SDA service compensation order, etc
201. 156Review of stoppages and SDA compensation order, etc
202. 157Power to allow payment of fine or stoppages by instalments
203. 158Imprisonment in default of payment of fine
204. Chapter 4: Second class for conduct
205. 159Second class for conduct
206. Chapter 5: Restitution orders
207. 160Restitution orders
208. Chapter 6: SDA orders for conditional discharge
209. 161SDA orders for conditional discharge
210. 162Order of court-martial: conviction of further offence by Court Martial
211. 163Order of any SDA court: conviction of further offence by Service Civilian Court
212. 164Order of Standing Civilian Court: conviction of further offence by Court Martial
213. 165Appeals against re-sentence, etc
214. Chapter 7: Community supervision orders
215. 166Community supervision orders
216. 167Savings in respect of community supervision orders: provisions of SDAs
217. 168Offence of failure to comply to be treated as service offence for certain purposes
218. 169Community supervision order made by court-martial: conviction of further offence by Court Martial
219. 170CSO made by any SDA court: conviction of further offence by Service Civilian Court
220. 171CSO made by Standing Civilian Court: conviction of further offence by Court Martial
221. 172Restriction on other powers of punishment in respect of failure to comply with order
222. 173Appeals against re-sentence, etc
223. 174Savings of regulations
224. Chapter 8: Supplementary provisions relating to trial of civilians
225. 175Service of documents
226. Part 18: DISCIPLINE: MISCELLANEOUS
227. 176Findings and sentences passed by reviewing authority
228. 177Testing for alcohol and drugs
229. 178Offences in relation to service courts
230. 179Witness anonymity orders
231. 180Arrest by civilian police under warrant
232. 181Arrest by civilian police of deserters etc
233. 182Remand by civil court
234. 183Arrest of persons unlawfully at large
235. 184The Criminal Cases Review Commission
236. 185Financial penalty enforcement orders
237. 186Evidential burden as respects excuses
238. 187Local probation boards
239. 188Judge advocates
240. Part 19: ENLISTMENT, TERMS OF SERVICE ETC
241. 189Interpretation
242. 190Enlistment
243. 191Terms and conditions of enlistment and service
244. 192Desertion and absence without leave: forfeiture of service etc
245. 193Discharge etc from the regular forces and transfer to the reserve forces
246. 194Membership of reserve force
247. 195Term of compulsory service
248. 196Complaints to employment tribunals etc
249. Part 20: FORFEITURES AND DEDUCTIONS
250. 197Permitted forfeitures and deductions
251. 198Forfeitures and deductions permitted, ordered or authorised before commencement
252. Part 21: MISCELLANEOUS
253. 199Offences punishable by civilian courts
254. 200Evidence in proceedings before civilian courts
255. 201Trial by civil courts of offences committed before commencement
256. 202Affidavits and declarations
257. 203Protection of children of service families
258. 204Service of process
259. 205Minor and consequential amendments and repeals
260. 206Transitory provisions
261. Signature
262. Schedule 1: Minor and consequential amendments and repeals
263. 1Debts (Deceased Servicemen etc) Act 1893
264. 2Criminal Evidence Act 1898
265. 3Army and Air Force (Women's Service) Act 1948
266. 4Prison Act 1952
267. 5Emergency Laws (Miscellaneous Provisions) Act 1953
268. 6Registration of Births, Deaths and Marriages (Special Provisions) Act 1957
269. 7Coroners Act (Northern Ireland) 1959
270. 8Criminal Justice Act 1961
271. 9Parliamentary Commissioner Act 1967
272. 10Criminal Justice Act 1967
273. 11Civil Evidence Act 1968
274. 12Civil Evidence Act (Northern Ireland) 1971
275. 13Juries Act 1974
276. 14Rehabilitation of Offenders Act 1974
277. 15Bail Act 1976
278. 16Race Relations Act 1976
279. 17Rehabilitation of Offenders (Northern Ireland) Order 1978
280. 18Magistrates' Courts Act 1980
281. 19Public Passenger Vehicles Act 1981
282. 20Contempt of Court Act 1981
283. 21Senior Courts Act 1981
284. 22Armed Forces Act 1981
285. 23Criminal Justice Act 1982
286. 24Representation of the People Act 1983
287. 25Mental Health Act 1983
288. 26Repatriation of Prisoners Act 1984
289. 27Inheritance Tax Act 1984
290. 28Police and Criminal Evidence Act 1984
291. 29Coroners Act 1988
292. 30Road Traffic Act 1988
293. 31Police and Criminal Evidence (Northern Ireland) Order 1989
294. 32Sexual Offences (Amendment) Act 1992
295. 33Criminal Justice and Public Order Act 1994
296. 34Goods Vehicles (Licensing of Operators) Act 1995
297. 35Criminal Procedure (Scotland) Act 1995
298. 36Disability Discrimination Act 1995
299. 37Criminal Procedure and Investigations Act 1996
300. 38Armed Forces Act 1996
301. 39Social Security (Recovery of Benefits) Act 1997
302. 40Crime (Sentences) Act 1997
303. 41Police Act 1997
304. 42Social Security (Recovery of Benefits) (Northern Ireland) Order 1997
305. 43Crime and Disorder Act 1998
306. 44Youth Justice and Criminal Evidence Act 1999
307. 45Powers of Criminal Courts (Sentencing) Act 2000 and related provisions
308. 46Freedom of Information Act 2000
309. 47Criminal Justice and Court Services Act 2000
310. 48International Criminal Court Act 2001
311. 49Armed Forces Act 2001
312. 50Anti-terrorism, Crime and Security Act 2001
313. 51Proceeds of Crime Act 2002
314. 52Sexual Offences Act 2003
315. 53Criminal Justice Act 2003
316. 54Domestic Violence, Crime and Victims Act 2004
317. 55Human Tissue Act 2004
318. 56Gambling Act 2005
319. Schedule 2: Transitory provisions
320. 1Definitions
321. 2Punishments available to Service Civilian Court Repealed
322. 3Powers of Crown Court in relation to orders made by Service Civilian Court Repealed
323. 4Testing for alcohol and drugs Repealed
324. 5Age at which imprisonment available Repealed
325. 6Mandatory custody for life Repealed
326. 7Discretionary custody for life Repealed
327. 8Custody for life where custodial sentence would have been required by SDAs
328. 9Power to impose detention in a young offender institution Repealed
329. 9ALife and extended sentences: offenders aged at least 18 but under 21 Repealed
330. 10Interaction of detention in a young offender institution with detention and training order Repealed
331. 11Consecutive sentences Repealed
332. 12Restriction on imposing custodial sentence on unrepresented offender Repealed
333. 13Crediting of time in service custody Repealed
334. 14Re-sentencing powers Repealed
335. 15Sentences passed by civilian courts Repealed
336. 16Meaning of “custodial sentence” Repealed
337. 17Notification requirements under Counter-Terrorism Act 2008
338. 18The Supreme Court
339. Explanatory note