Legalize / United Kingdom / Public General Act

Armed Forces Act 2006

Type Public General Act

Publication 2006-11-08

Last updated 2026-04-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(8A) In a case where the order was made by the Service Civilian Court, a term of imprisonment or detention in a young offender institution or fine imposed under sub-paragraph (7)(b) must not exceed— (a) in the case of a term of imprisonment or detention in a young offender institution, 6 months; (b) in the case of a fine, the prescribed sum within the meaning of section 32 of the Magistrates' Courts Act 1980. (8B) Where a sentence is passed under sub-paragraph (7)(b), section 9 of the Criminal Appeal Act 1968 (appeal against sentence) applies as if the offender had been convicted on indictment of the offence for which the sentence was passed.

Supplementary

14

Part 4 (supplementary) has effect as if in paragraph 28 (provision of copies of orders etc)—

(a) in sub-paragraph (1) for “a court” there were substituted “ the Crown Court or a relevant service court ”;

(b) in sub-paragraph (3), paragraph (b) were omitted;

14A

An offence under section 1(1A) of the Restriction of Offensive Weapons Act 1959 (possession of flick knife, flick gun or gravity knife).

16A

An offence under section 141(1A) of the Criminal Justice Act 1988 (possession of certain offensive weapons).

21

An offence under section 1(1) of the Offensive Weapons Act 2019 (sale of corrosive product to person under 18).

22

An offence under section 3(2) or (3) of the Offensive Weapons Act 2019 (delivery of corrosive product to residential premises or locker).

23

An offence under section 6(1) of the Offensive Weapons Act 2019 (possession of a corrosive substance in a public place).

24

An offence under section 38(2) or (3) of the Offensive Weapons Act 2019 (delivery of bladed product to residential premises or locker).

Property subject to deprivation order: modification of section 94

94A

(1) This section applies to property to which a deprivation order relates which is in the possession of—

(a) a commanding officer, or

(b) a member of a service police force,

by virtue of section 177C(6) (including any such property that was already in the possession of the commanding officer or a member of a service police force when the order was made).

(2) Regulations under section 94(1) must ensure that a judicial authority or a commanding officer may make an order by virtue of section 94(2)(a) or (b) (respectively) on an application which—

(a) relates to property to which this section applies, and

(b) is made by a person claiming to be the owner of the property,

only if the conditions in subsection (3) are met.

(3) Those conditions are that—

(a) the application is made before the end of the period of 6 months beginning with the day on which the deprivation order is made, and

(b) the claimant satisfies the judicial authority or the commanding officer (as the case may be)—

(i) that the claimant did not consent to the offender’s possession of the property, or

(ii) if the deprivation order was made by virtue of subsection (3) of section 177C (property used for the purpose of offence etc), that the claimant did not know, and had no reason to suspect, that the property was likely to be used for a purpose mentioned in that subsection.

(4) Regulations under section 94(1) may enable a judicial authority or a commanding officer to make any order for disposal of property to which this section applies that the judicial authority or commanding officer (as the case may be) thinks appropriate (but this is subject to subsection (6)).

(5) In subsection (4) the reference to disposal includes disposal by way of transferring the property into the ownership of the Secretary of State; but regulations made by virtue of subsection (4) may not provide for the Secretary of State to become the owner of property which is the subject of an order under section 177F (application of proceeds of property subject to deprivation order).

(6) Subsection (4) applies only in relation to cases where no application by virtue of section 94(2)(a) or (b) made during the 6 month period mentioned in subsection (3)(a) by a person claiming to be the owner of the property was successful.

(7) In this section “judicial authority” means the Court Martial, the Service Civilian Court or a judge advocate.

Deprivation orders

177B

(1) A deprivation order is an order made under this Act which—

(a) is made in respect of an offender for an offence, and

(b) deprives the offender of any rights in the property to which the order relates.

(2) In sections 177C and 177E “the decision maker”, in relation to an offender, means—

(a) the court by which the person is convicted, or

(b) the commanding officer who records a finding that the charge has been proved.

(3) Nothing in subsection (2) prevents section 376 from applying in relation to this section and sections 177C to 177F.

177C

(1) Where an offender is convicted of a service offence, the decision maker may make a deprivation order relating to any property to which subsection (2) applies.

(2) This subsection applies to property which—

(a) has been lawfully seized from the offender, or

(b) was in the offender’s possession or under the offender’s control when the offender was apprehended for, or charged with, the offence,

if subsection (3) or (5) applies.

(3) This subsection applies if the decision maker is satisfied that the property—

(a) has been used for the purpose of committing, or facilitating the commission of, a service offence, or

(b) was intended by the offender to be used for that purpose.

(4) For the purposes of subsection (3), facilitating the commission of an offence includes taking any steps after it has been committed for the purpose of—

(a) disposing of any property to which the offence relates, or

(b) avoiding apprehension or detection.

(5) This subsection applies if—

(a) the offence mentioned in subsection (1), or

(b) an offence which is taken into consideration by the decision maker in determining the offender’s sentence,

consists of unlawful possession of the property.

(6) Where a deprivation order is made, the property to which it relates is to be taken into the possession of an appropriate authority (if it is not already in the possession of such an authority).

(7) In subsection (6) “appropriate authority” means—

(a) a member of a service police force, or

(b) if no relevant body has been involved in the matter, the offender’s commanding officer.

(8) In subsection (7) “relevant body” means a service police force or the tri-service serious crime unit.

177D

(1) This section applies where a person—

(a) commits an offence to which subsection (2) applies by driving, attempting to drive, or being in charge of a vehicle, or

(b) as the driver of a vehicle, commits an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under section 170(4) of the Road Traffic Act 1988 (duty to stop, report accident and give information or documents).

(2) This subsection applies to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is—

(a) an offence under the Road Traffic Act 1988 which is punishable with imprisonment,

(b) an offence of manslaughter, or

(3) The vehicle is to be regarded for the purposes of section 177C(3) (and section 94A(3)(b)(ii)) as used for the purpose of committing the offence (including where it is committed by aiding, abetting, counselling or procuring).

177E

(1) In considering whether to make a deprivation order in respect of any property, the decision maker must have regard to—

(a) the value of the property, and

(b) the likely financial and other effects on the offender of making the order (taken together with any other order that the decision maker contemplates making).

(2) Where a deprivation order is available for an offence, the decision maker may make such an order whether or not it deals with the offender in any other way for the offence.

177F

(1) This section applies where the Court Martial or the Service Civilian Court makes a deprivation order in relation to any property and—

(a) the offence was one which resulted in a person suffering personal injury, loss or damage, or

(b) any such offence is taken into consideration by the court in determining sentence.

(2) The court may also make an order that any proceeds which—

(a) arise out of the disposal of the property, and

(b) do not exceed a sum specified by the court,

are to be paid to the person.

(3) A court may make an order under this section only if satisfied that, but for the inadequacy of the offender’s means, it would have made a service compensation order under which the offender would have been required to pay compensation of an amount not less than the amount specified under subsection (2)(b).

(4) An order under this section has no effect—

(a) before the end of the 6 month period mentioned in section 94A(3)(a), or

(b) if a successful claim by a person claiming to be the owner of the property has been made by virtue of section 94(2)(a).

Driving disqualification orders

177G

A driving disqualification order is an order made under this Act in respect of an offender that the offender is disqualified, for the period specified in the order, for holding or obtaining—

(a) a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988, and

(b) a Northern Ireland licence (within the meaning of Part 3 of the Road Traffic Act 1988).

177H

Where a driving disqualification order is available to a court, the court may make a driving disqualification order whether or not it also deals with the offender for the offence in any other way.

177I

(1) Where a court makes a driving disqualification order in respect of an offender for an offence, the disqualification period must be such period as the court considers appropriate. But this is subject to sections 177J and 177K.

(2) The disqualification period, in relation to a driving disqualification order made in respect of an offender, is the period specified in the order as the period for which the offender is disqualified for holding or obtaining a driving licence.

177J

(1) This section applies where a court—

(a) imposes a custodial sentence or a sentence of service detention on an offender for an offence, and

(b) makes a driving disqualification order in respect of the offender for the same offence.

(2) But this section does not apply where the custodial sentence or sentence of service detention (as the case may be) is—

(a) a suspended sentence of imprisonment,

(b) a suspended sentence of service detention, or

(c) a life sentence in relation to which the court makes a whole life order under section 321(3) of the Sentencing Code (life sentence: minimum term order or whole life order) by virtue of section 261A of this Act (life sentences: further provision).

(3) The disqualification period must be—

(a) the discretionary disqualification period, and

(b) the appropriate extension period.

(4) The discretionary disqualification period is the period which the court would, in the absence of this section, have specified in the driving disqualification order.

(5) The appropriate extension period for a sentence specified in column 2 is equal to the period calculated in accordance with column 3—

Row	Sentence	Length of appropriate extension period
A1	a sentence of detention under section 209 (offenders under 18: certain serious offences), other than one in respect of which section 244ZA or 247A of the Criminal Justice Act 2003 applies to the offender	half the term of the sentence of detention
1	a detention and training order under section 211 (offenders under 18: detention and training orders)	half the term of the detention and training order
2	a sentence of detention under section 224B (special sentence of detention for terrorist offenders of particular concern)	two-thirds of the term imposed pursuant to section 252A(5) of the Sentencing Code by virtue of section 224B(4) of this Act (the appropriate custodial term)
3	an extended sentence of detention under section 254 of the Sentencing Code by virtue of section 221A of this Act (extended sentence for certain violent, sexual or terrorism offenders aged under 18)	two-thirds of the term imposed pursuant to section 254(a) of the Sentencing Code (the appropriate custodial term)
4	a sentence of detention in a young offender institution to which subsections (2) and (3) of section 265 of the Sentencing Code apply by virtue of section 224A of this Act (special custodial sentence for certain offenders of particular concern)	two-thirds of the term imposed pursuant to section 265(2)(a) of the Sentencing Code (the appropriate custodial term)
5	an extended sentence of detention in a young offender institution under section 266 of the Sentencing Code by virtue of section 219A of this Act (extended sentence for certain violent, sexual or terrorism offenders aged 18 or over)	two-thirds of the term imposed pursuant to section 266(a) of the Sentencing Code (the appropriate custodial term)
6	a serious terrorism sentence of detention in a young offender institution under section 268A of the Sentencing Code by virtue of section 219ZA of this Act (serious terrorism sentences)	the term imposed pursuant to section 268C(2) of the Sentencing Code (the appropriate custodial term)
7	a sentence of imprisonment to which subsections (2) and (3) of section 278 of the Sentencing Code apply by virtue of section 224A of this Act (special custodial sentence for certain offenders of particular concern)	two-thirds of the term imposed pursuant to section 278(2)(a) of the Sentencing Code (the appropriate custodial term)
8	an extended sentence of imprisonment under section 279 of the Sentencing Code by virtue of section 219A of this Act (extended sentence for certain violent, sexual or terrorism offenders aged 18 or over)	two-thirds of the term imposed pursuant to section 279(a) of the Sentencing Code (the appropriate custodial term)
9	a serious terrorism sentence of imprisonment under section 282A of the Sentencing Code by virtue of section 219ZA of this Act (serious terrorism sentences)	the term imposed pursuant to section 282C(2) of the Sentencing Code (the appropriate custodial term)
10	a custodial sentence in respect of which section 244ZA of the Criminal Justice Act 2003 applies to the offender by virtue of subsection (4) or (5) of that section	two-thirds one-half of the sentence
10A	a custodial sentence in respect of which section 244ZA of the Criminal Justice Act 2003 applies to the offender by virtue of subsection (6) of that section	two-thirds of the sentence
11	a custodial sentence not within any of the preceding entries in respect of which section 247A of the Criminal Justice Act 2003 applies to the offender	two-thirds of the sentence
12	a life sentence in relation to which a minimum term order is made under section 321 of the Sentencing Code by virtue of section 261A of this Act (life sentences: further provision)	the term specified in the minimum term order
13	service detention	half the term of detention imposed
14	any other case	half one-third of the custodial sentence imposed.

(6) In the case of a sentence specified in entry 3, 5 or 8 of column 2 in the table which is within section 247A(2A) of the Criminal Justice Act 2003, the corresponding entry in column 3 of the table is to be read with the omission of “two-thirds of”.

(7) Any period determined under subsection (5) which includes a fraction of a day must be rounded up to the nearest number of whole days.

(8) Where—

(a) an order (“the amending order”) is made under section 267 of the Criminal Justice Act 2003 (alteration by order of relevant proportion of sentence), and

(b) the amending order provides that the proportion of a custodial sentence for the time being referred to in section 243A(3)(a) or 244(3)(a) of that Act (release of prisoners in certain circumstances) is to be read as a reference to another proportion (the “new proportion”),

the Secretary of State may by regulations provide that the table in subsection (5) is to be read as if, in relation to such a sentence, entry 14 specified the new proportion.

(8) Subsection (8A) applies where—

(a) an order (“the amending order”) is made under section 267 of the Criminal Justice Act 2003 (alteration by order of relevant proportion of sentence), and

(b) the amending order provides that the proportion of a custodial sentence for the time being referred to in section 243A(3)(a), 244(3)(a) or (aa) or 244ZA(8)(a) or (aa) of that Act (release of prisoners in certain circumstances) is to be read as a reference to another proportion (the “new proportion”).

(8A) The Secretary of State may by regulations—

(a) if the amending order makes provision in respect of section 243A(3)(a) or 244(3)(a) of that Act, provide that the table in subsection (5) is to be read as if, in relation to a custodial sentence to which the order applies, entry A1 specified the new proportion;

(b) if the amending order makes provision in respect of section 244ZA(8)(a) of that Act, provide that that table is to be read as if, in relation to a custodial sentence to which the order applies, entry 10 specified the new proportion;

(c) if the amending order makes provision in respect of section 244ZA(8)(aa) of that Act, provide that that table is to be read as if, in relation to a custodial sentence to which the order applies, entry 10A specified the new proportion;

(d) if the amending order makes provision in respect of section 244(3)(aa) of that Act, provide that that table is to be read as if, in relation to a custodial sentence to which the order applies, entry 14 specified the new proportion.

177K

(1) This section applies where a court makes a driving disqualification order in respect of an offender for an offence, and—

(a) it imposes a custodial sentence or a sentence of service detention (other than a suspended sentence) on the offender for another offence, or

(b) a custodial sentence or a sentence of service detention previously imposed on the offender has not expired.

(2) In determining the disqualification period, the court must, so far as it is appropriate to do so, have regard to the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a custodial sentence or a sentence of service detention.

(3) But the court may not take into account for this purpose any custodial sentence or sentence of service detention that it imposes on the offender for the offence.

177L

A court which makes a driving disqualification order in respect of an offender must require the offender to produce any (and, if more than one, all) of the following held by the offender—

(a) a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988;

(b) a Northern Ireland licence (within the meaning of Part 3 of the Road Traffic Act 1988);

177M

(1) The Secretary of State may by regulations make provision in relation to driving disqualification orders which is equivalent to that made by a relevant provision, subject to such modifications as the Secretary of State considers appropriate.

(2) In this section, “relevant provision” means any of the following provisions of the Road Traffic Offenders Act 1988—

(a) section 37 (effect of order of disqualification);

(b) section 39 (suspension of disqualification pending appeal);

(d) section 42 (removal of disqualification);

(e) section 43 (rule for determining end of period of disqualification);

(f) section 47 (supplementary provisions);

(g) section 48 (exemption from disqualification in certain cases).

213A

(1) Subsection (2) applies where—

(a) the Court Martial or the Service Civilian Court proposes to make an order under section 211 in respect of an offence, and

(b) the offender has been kept in service custody in connection with the offence or any other offence the charge for which was founded on the same facts or evidence.

(2) In determining the term of the order under section 211, the court must take account of the period for which the offender was kept in service custody.

(3) If the court proposes to make two or more orders under section 211 in respect of two or more offences—

(a) subsection (2) does not apply, but

(b) in determining the total term of those orders, the court must take account of the total period for which the offender has been kept in service custody in connection with—

(i) any of those offences, or

(ii) any other offence the charge for which was founded on the same facts or evidence.

(4) A period of service custody may be taken account of under this section only once.

213B

(1) This section applies where—

(a) the Court Martial or the Service Civilian Court proposes to make an order under section 211 in respect of an offence,

(b) the offender was tried for the offence, or is to be sentenced—

(i) after having been extradited to the United Kingdom, and

(ii) without having first been restored or had an opportunity of leaving the United Kingdom, and

(2) The court must—

(a) specify in open court the number of days for which the offender was kept in custody while awaiting extradition, and

(b) take account of those days in determining the term of the order.

Chapter 3A — Guidance on Exercise of Criminal Jurisdiction

320A

(1) The Director of Service Prosecutions and the Director of Public Prosecutions must agree a protocol regarding the exercise of concurrent jurisdiction in respect of alleged conduct of the description in subsection (2).

(2) Subsection (1) refers to conduct of a person subject to service law which—

(a) occurs when the person is in England or Wales, and

(b) is punishable by the law of England and Wales.

(3) The protocol—

(a) must give guidance as to general principles which are to be taken into account by a relevant prosecutor when considering in which jurisdiction (service or civilian) proceedings should be brought, and

(b) may give guidance as to—

(i) procedures for making decisions regarding the exercise of jurisdiction, including as to the cases in which there should be consultation between relevant prosecutors within paragraphs (a) and (b) of subsection (10), and

(ii) any other matters the Directors think appropriate for the purposes of or in connection with subsection (1).

(4) Guidance under subsection (3)(a) must be designed to promote fair and efficient justice.

(5) Where relevant prosecutors within subsection (10)(a) and relevant prosecutors within subsection (10)(b) cannot resolve a disagreement between them about the exercise of jurisdiction in a case to which guidance under this section applies, it is for the Director of Public Prosecutions to decide in which jurisdiction proceedings should be brought in that case.

(6) The Director of Service Prosecutions and the Director of Public Prosecutions may from time to time agree revisions to the protocol.

(7) Before agreeing the protocol or revisions to it under this section the Directors must consult—

(a) the Secretary of State,

(b) the Attorney General,

(d) any other person the Directors think appropriate.

(8) The current version of the protocol must be published in whatever manner the Directors think appropriate.

(9) Consultation undertaken before the Armed Forces Act 2021 is passed is as effective for the purposes of subsection (7) as consultation undertaken after it is passed.

(10) In this section “relevant prosecutor” means—

(a) the Director of Service Prosecutions and any person appointed under section 365 (prosecuting officers), and

(b) the Director of Public Prosecutions, a Crown Prosecutor and any person appointed under section 5(1) of the Prosecution of Offences Act 1985 (conduct of prosecutions on behalf of the Service).

(11) But this section applies in relation to a relevant prosecutor only where that prosecutor is aware that the Court Martial has (or may have) jurisdiction to try the person in respect of the alleged conduct mentioned in subsection (1).

(12) In subsection (2)(a) a reference to England or Wales includes the territorial waters of the United Kingdom adjacent to England or Wales (as the case may be).

(13) In this section—

“conduct” means an act or omission;

“the Directors” means the Director of Service Prosecutions and the Director of Public Prosecutions (acting jointly);

“punishable” has the same meaning as in section 42 (criminal conduct).

320B

(1) The Director of Service Prosecutions and the Lord Advocate must agree a protocol regarding the exercise of concurrent jurisdiction, in respect of alleged conduct of the description in subsection (2), in the cases specified in subsection (3).

(2) Subsection (1) refers to conduct of a person subject to service law which—

(a) occurs when the person is in Scotland, and

(b) constitutes an offence under the law of Scotland.

(3) The cases mentioned in subsection (1) are where—

(a) the alleged conduct also constitutes an offence under section 42 (criminal conduct), or

(b) the person mentioned in subsection (2) could on the same facts be charged with an offence under section 42 which is broadly equivalent to the offence under the law of Scotland.

(4) The protocol—

(a) must give guidance as to general principles which are to be taken into account by a relevant prosecutor when considering in which jurisdiction (service or civilian) proceedings should be brought, and

(b) may give guidance as to—

(i) procedures for making decisions regarding the exercise of jurisdiction, including as to the cases in which there should be consultation between relevant prosecutors within paragraphs (a) and (b) of subsection (11), and

(ii) any other matters the issuing authorities think appropriate for the purposes of or in connection with subsection (1).

(5) Guidance under subsection (4)(a) must be designed to promote fair and efficient justice.

(6) Where relevant prosecutors within subsection (11)(a) and relevant prosecutors within subsection (11)(b) cannot resolve a disagreement between them about the exercise of jurisdiction in a case to which guidance under this section applies, it is for the Lord Advocate to decide in which jurisdiction proceedings should be brought in that case.

(7) The Director of Service Prosecutions and the Lord Advocate may from time to time agree revisions to the protocol.

(8) Before agreeing the protocol or revisions to it under this section the issuing authorities must consult—

(a) the Secretary of State,

(b) the chief constable of the Police Service of Scotland, and

(9) The current version of the protocol must be published in whatever manner the issuing authorities think appropriate.

(10) Consultation undertaken before the Armed Forces Act 2021 is passed is as effective for the purposes of subsection (8) as consultation undertaken after it is passed.

(11) The following are “relevant prosecutors” for the purposes of this section—

(a) the Director of Service Prosecutions and any person appointed under section 365 (prosecuting officers), and

(b) any prosecutor as defined in section 307(1) of the Criminal Procedure (Scotland) Act 1995 (other than a private prosecutor).

(12) But this section applies in relation to a relevant prosecutor only where that prosecutor is aware that the Court Martial has (or may have) jurisdiction to try the person in respect of the alleged conduct mentioned in subsection (1).

(13) In subsection (2)(a) the reference to Scotland includes the territorial waters of the United Kingdom adjacent to Scotland.

(14) In this section—

“conduct” means an act or omission;

“the issuing authorities” means the Director of Service Prosecutions and the Lord Advocate (acting jointly).

320C

(1) The Director of Service Prosecutions and the Director of Public Prosecutions for Northern Ireland must agree a protocol regarding the exercise of concurrent jurisdiction, in respect of alleged conduct of the description in subsection (2), in the cases specified in subsection (3).

(2) Subsection (1) refers to conduct of a person subject to service law which—

(a) occurs when the person is in Northern Ireland, and

(b) constitutes an offence under the law of Northern Ireland.

(3) The cases mentioned in subsection (1) are where—

(a) the alleged conduct also constitutes an offence under section 42 (criminal conduct), or

(b) the person mentioned in subsection (2) could on the same facts be charged with an offence under section 42 which is broadly equivalent to the offence under the law of Northern Ireland.

(4) The protocol—

(a) must give guidance as to general principles which are to be taken into account by a relevant prosecutor when considering in which jurisdiction (service or civilian) proceedings should be brought, and

(b) may give guidance as to—

(i) procedures for making decisions regarding the exercise of jurisdiction, including as to the cases in which there should be consultation between relevant prosecutors within paragraphs (a) and (b) of subsection (11), and

(ii) any other matters the issuing authorities think appropriate for the purposes of or in connection with subsection (1).

(5) Guidance under subsection (4)(a) must be designed to promote fair and efficient justice.

(6) Where relevant prosecutors within subsection (11)(a) and relevant prosecutors within subsection (11)(b) cannot resolve a disagreement between them about the exercise of jurisdiction in a case to which guidance under this section applies, it is for the Director of Public Prosecutions for Northern Ireland to decide in which jurisdiction proceedings should be brought in that case.

(7) The Director of Service Prosecutions and the Director of Public Prosecutions for Northern Ireland may from time to time agree revisions to the protocol.

(8) Before agreeing the protocol or revisions to it under this section the issuing authorities must consult—

(a) the Secretary of State,

(b) the Department of Justice in Northern Ireland,

(d) the Attorney General for Northern Ireland, and

(e) any other person the issuing authorities think appropriate.

(9) The current version of the protocol must be published in whatever manner the issuing authorities think appropriate.

(10) Consultation undertaken before the Armed Forces Act 2021 is passed is as effective for the purposes of subsection (8) as consultation undertaken after it is passed.

(11) The following are “relevant prosecutors” for the purposes of this section—

(a) the Director of Service Prosecutions and any person appointed under section 365 (prosecuting officers), and

(b) the Director of Public Prosecutions for Northern Ireland, the Deputy Director of Public Prosecutions for Northern Ireland, a Public Prosecutor and any person appointed under section 36(2) of the Justice (Northern Ireland) Act 2002 (c. 26 (N.I.)) (exercise of functions on behalf of the Service).

(12) But this section applies in relation to a relevant prosecutor only where that prosecutor is aware that the Court Martial has (or may have) jurisdiction to try the person in respect of the alleged conduct mentioned in subsection (1).

(13) In subsection (2)(a) the reference to Northern Ireland includes the territorial waters of the United Kingdom adjacent to Northern Ireland.

(14) In this section—

“conduct” means an act or omission;

“the issuing authorities” means the the Director of Service Prosecutions and the Director of Public Prosecutions for Northern Ireland (acting jointly).

Due regard to principles: England

343AA

(1) In exercising in relation to England a relevant function, a person or body specified in subsection (3) must have due regard to—

(a) the unique obligations of, and sacrifices made by, the armed forces,

(b) the principle that it is desirable to remove disadvantages arising for service people from membership, or former membership, of the armed forces, and

(c) the principle that special provision for service people may be justified by the effects on such people of membership, or former membership, of the armed forces.

(2) In this section “relevant function”, in relation to a person or body specified in subsection (3), means—

(a) a relevant housing function,

(b) a relevant education function, or

(3) The specified persons and bodies are—

(a) a local authority in England;

(b) the governing body of a maintained school in England;

(d) a non-maintained special school;

(e) the governing body of an institution within the further education sector in England;

(f) a special post-16 institution;

(g) NHS England;

(h) an integrated care board;

(i) a National Health Service trust in England;

(j) an NHS foundation trust.

(4) In this section “relevant housing function” means a function under or by virtue of any of the following—

(a) Part 6 of the Housing Act 1996 (allocation of housing accommodation);

(b) Part 7 of the Housing Act 1996 (homelessness: England);

(c) Part 1 of the Housing Grants, Construction and Regeneration Act 1996 (grants, etc for renewal of private sector housing);

(d) section 1 of the Homelessness Act 2002 (duty of local housing authority in England to formulate a homelessness strategy);

(e) section 150 of the Localism Act 2011 (tenancy strategies);

(f) regulation 3 of the Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860) (power of local housing authorities to provide assistance), so far as that regulation deals with the provision of financial assistance for a purpose corresponding to any purpose specified in section 23 of the Housing Grants, Construction and Regeneration Act 1996 (disabled facilities grants: purposes).

(5) In this section “relevant education function” means a function under or by virtue of any of the following—

(a) the Education Act 1996;

(b) Part 3 of the School Standards and Framework Act 1998 (school admissions);

(c) section 175 of the Education Act 2002 (duties of local authorities and governing bodies in relation to welfare of children);

(d) any provision of Part 3 of the Children and Families Act 2014, so far as it deals with special educational provision.

(6) In this section “relevant healthcare function” means a function under or by virtue of—

(a) the National Health Service Act 2006, or

(b) any provision of Part 3 of the Children and Families Act 2014 (children and young people in England with special educational needs or disabilities), so far as it deals with health care provision.

(7) In this section “health care provision” and “special educational provision” are to be interpreted as if this section were in Part 3 of the Children and Families Act 2014 (see section 21 of that Act).

(8) In this section—

“Academy” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act);

“governing body”, in relation to an institution within the further education sector, has the meaning given by section 90 of the Further and Higher Education Act 1992;

“institution within the further education sector” is to be interpreted in accordance with section 91(3) of the Further and Higher Education Act 1992;

“integrated care board” means a body established under section 14Z25 of the National Health Service Act 2006;

“local authority in England” means a county council in England, a district council, a London borough council, the Common Council of the City of London, or the Council of the Isles of Scilly;

“non-maintained special school” means a school which is approved under section 342 of the Education Act 1996;

“maintained school” has the same meaning as in the School Standards and Framework Act 1998 (see section 20 of that Act);

“proprietor”, in relation to an Academy, has the meaning given by section 579(1) of the Education Act 1996;

“special post-16 institution” has the same meaning as in the Children and Families Act 2014 (see section 83 of that Act).

Due regard to principles: Wales

343AB

(1) In exercising in relation to Wales a relevant function, a person or body specified in subsection (3) must have due regard to—

(a) the unique obligations of, and sacrifices made by, the armed forces,

(b) the principle that it is desirable to remove disadvantages arising for service people from membership, or former membership, of the armed forces, and

(c) the principle that special provision for service people may be justified by the effects on such people of membership, or former membership, of the armed forces.

(2) In this section “relevant function”, in relation to a person or body specified in subsection (3), means—

(a) a relevant housing function,

(b) a relevant education function, or

(3) The specified persons and bodies are—

(a) a local authority in Wales;

(b) the governing body of a maintained school in Wales;

(d) a Special Health Authority established under section 22 of the National Health Service (Wales) Act 2006, other than a cross-border Special Health Authority;

(e) a National Health Service trust in Wales.

(4) In this section “relevant housing function” means a function under or by virtue of any of the following—

(a) Part 6 of the Housing Act 1996 (allocation of housing accommodation);

(b) Part 1 of the Housing Grants, Construction and Regeneration Act 1996 (grants, etc for renewal of private sector housing);

(d) regulation 3 of the Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860) (power of local housing authorities to provide assistance), so far as that regulation deals with the provision of financial assistance for a purpose corresponding to any purpose specified in section 23 of the Housing Grants, Construction and Regeneration Act 1996 (disabled facilities grants: purposes).

(5) In this section “relevant education function” means a function under or by virtue of any of the following—

(a) the Education Act 1996;

(b) Part 3 of the School Standards and Framework Act 1998 (school admissions);

(c) section 175 of the Education Act 2002 (duties of local authorities and governing bodies in relation to welfare of children);

(d) sections 2 to 7 and 9 of the Learner Travel (Wales) Measure 2008 (nawm 2);

(e) Chapters 2 (individual development plans) and 3 (supplementary functions) of Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2).

(6) In this section “relevant healthcare function” means a function under or by virtue of the National Health Service (Wales) Act 2006.

(7) In this section—

“cross-border Special Health Authority”means a Special Health Authority which is established under the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 by virtue of—paragraph 1(2) of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006, orthe power under section 28 of the National Health Service Act 2006 and the power under section 22 of the National Health Service (Wales) Act 2006 being exercised together;

“local authority in Wales” means the council of a county or county borough in Wales;

“maintained school” has the same meaning as in the School Standards and Framework Act 1998 (see section 20 of that Act).

Due regard to principles: Scotland

343AC

(1) In exercising in relation to Scotland a relevant function, a person or body specified in subsection (3) must have due regard to—

(a) the unique obligations of, and sacrifices made by, the armed forces,

(b) the principle that it is desirable to remove disadvantages arising for service people from membership, or former membership, of the armed forces, and

(c) the principle that special provision for service people may be justified by the effects on such people of membership, or former membership, of the armed forces.

(2) In this section “relevant function”, in relation to a person or body specified in subsection (3), means—

(a) a relevant housing function,

(b) a relevant education function, or

(3) The specified persons and bodies are—

(a) a local authority in Scotland;

(b) a local authority landlord;

(c) an integration authority (within the meaning of section 59 of the Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9));

(d) a person or body in their capacity as an appropriate agency for the purposes of section 23 of the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4);

(e) a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978;

(f) a Special Health Board constituted under section 2 of that Act;

(g) the Common Services Agency for the Scottish Health Service.

(4) In this section “relevant housing function” means a function under or by virtue of any of the following—

(a) sections 19 to 21 of the Housing (Scotland) Act 1987 (housing lists etc);

(b) Part 2 of that Act (homeless persons);

(d) section 71(2)(e) of the Housing (Scotland) Act 2006 (asp 1) (adaptation of a house for a disabled person).

(5) In this section “relevant education function” means a function under or by virtue of any of the following—

(a) in Part 2 of the Education (Scotland) Act 1980 (rights and duties of parents and functions of education authorities in relation to individual pupils), sections 28A, 28B, 42 and 51;

(b) sections 1 and 2 of the Standards in Scotland’s Schools etc. Act 2000 (asp 6) (provision of school education: right of child and duty of education authority);

(c) the Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4), except sections 15 to 21 of, and Schedule 1 to, that Act;

(d) Part 3 (children’s services planning) of the Children and Young People (Scotland) Act 2014 (asp 8).

(6) In this section “relevant healthcare function” means a function under or by virtue of the National Health Service (Scotland) Act 1978.

(7) In this section—

“local authority in Scotland” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

“local authority landlord” has the same meaning as in the Housing (Scotland) Act 2001 (asp 10) (see section 11(3) of that Act).

Due regard to principles: Northern Ireland

343AD

(1) In exercising in relation to Northern Ireland a relevant function, a person or body specified in subsection (3) must have due regard to—

(a) the unique obligations of, and sacrifices made by, the armed forces,

(b) the principle that it is desirable to remove disadvantages arising for service people from membership, or former membership, of the armed forces, and

(c) the principle that special provision for service people may be justified by the effects on such people of membership, or former membership, of the armed forces.

(2) In this section “relevant function”, in relation to a person or body specified in subsection (3), means—

(a) a relevant housing function,

(b) a relevant education function, or

(3) The specified persons and bodies are—

(a) the Northern Ireland Housing Executive;

(b) the Education Authority established under section 1(1) of the Education Act (Northern Ireland) 2014 (c. 12 (N.I.));

(d) the Regional Health and Social Care Board established under section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1 (N.I.));

(e) a Local Commissioning Group appointed under section 9 of the Health and Social Care (Reform) Act (Northern Ireland) 2009);

(f) a Health and Social Care trust established by virtue of Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)), other than the Northern Ireland Ambulance Service Health and Social Care Trust.

(4) In this section “relevant housing function” means a function under or by virtue of any of the following—

(a) Articles 22 (house allocation scheme) and 22A (allocation only to eligible persons) of the Housing (Northern Ireland) Order 1981 (S.I. 1981/156 (N.I. 3));

(b) Part 2 (housing the homeless) of the Housing (Northern Ireland) Order 1988 (S.I. 1988/1990 (N.I. 23)), except Article 15;

(c) Chapter 2 of Part 3 of the Housing (Northern Ireland) Order 2003 (S.I. 2003/412 (N.I. 2)), so far as that Chapter relates to disabled facilities grants.

(5) In this section “relevant education function” means a function under or by virtue of any of the following—

(a) Article 52 (school transport) of the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3);

(b) in Part 2 (special educational needs) of the Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1)), Articles 6 to 16 and 19 to 20A;

(d) Articles 17 (duty on boards of governors to safeguard and promote the welfare of pupils) and 22 (admission to special schools of children resident outside Northern Ireland) of the Education and Libraries (Northern Ireland) Order 2003 (S.I. 2003/424 (N.I. 12)).

(6) In this section “relevant healthcare function” means a function under or by virtue of any of the following, so far as the function relates to health care—

(a) the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14));

(b) the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1));

(7) In this section—

“disabled facilities grant” has the meaning given by Article 35(4) of the Housing (Northern Ireland) Order 2003;

“grant-aided school” means a grant-aided school within the meaning of the Education and Libraries (Northern Ireland) Order 1986;

“health care” means all forms of health care provided for individuals, whether relating to physical or mental health.

Sections 343AA to 343AD: guidance

343AE

(1) The Secretary of State may issue guidance relating to the duties imposed by sections 343AA(1), 343AB(1), 343AC(1) and 343AD(1).

(2) A person or body specified in subsection (3) of section 343AA, 343AB, 343AC or 343AD must have regard to any guidance for the time being in force under subsection (1) when exercising a relevant function.

(3) The Secretary of State may from time to time revise any guidance issued under this section.

(4) Guidance under this section—

(a) may not be issued unless a draft has been laid before Parliament, and

(b) comes into force on whatever day the Secretary of State may appoint by regulations.

(5) Before laying draft guidance under this section before Parliament the Secretary of State must consult—

(a) the Welsh Ministers so far as the guidance relates to devolved Welsh functions,

(b) the Scottish Ministers so far as the guidance relates to devolved Scottish functions,

(d) any other persons the Secretary of State considers appropriate.

(6) Subsection (4) has effect in relation to any revised guidance.

(7) Subsection (5) has effect in relation to any revised guidance unless the Secretary of State considers that the proposed revisions to the guidance are insubstantial.

(8) The Secretary of State must publish the version currently in force of any guidance issued under this section.

(9) For the purposes of this section a function is a “devolved Welsh function” if—

(a) it deals with a matter in respect of which functions are exercisable by the Welsh Ministers or the First Minister for Wales, or

(b) a provision conferring the function would be within the legislative competence of Senedd Cymru if contained in an Act of Senedd Cymru (assuming that any consent by a Minister of the Crown were given).

(10) For the purposes of this section a function is a “devolved Scottish function” if—

(a) it deals with a matter in respect of which functions are exercisable by the Scottish Ministers or the First Minister, or

(b) a provision conferring the function would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament.

(11) For the purposes of this section a function is a “devolved Northern Ireland function” if—

(a) it deals with a matter in respect of which functions are exercisable by a Northern Ireland department, or

(b) a provision conferring the function—

(i) would be within the legislative competence of the Northern Ireland Assembly, and would not require the consent of the Secretary of State, if contained in an Act of that Assembly, or

(ii) is contained in, or was made under, Northern Ireland legislation, and would be within the legislative competence of the Northern Ireland Assembly, and would require the consent of the Secretary of State, if contained in an Act of that Assembly.

Sections 343AA to 343AD: power to add bodies and functions

343AF

(1) The Secretary of State may by regulations—

(a) amend section 343AA by—

(i) specifying additional functions that are to be relevant functions in relation to persons and bodies specified in subsection (3) of that section, or

(ii) specifying additional persons or bodies in that subsection;

(b) amend section 343AB by—

(i) specifying additional functions that are to be relevant functions in relation to persons and bodies specified in subsection (3) of that section, or

(ii) specifying additional persons or bodies in that subsection;

(i) specifying additional functions that are to be relevant functions in relation to persons and bodies specified in subsection (3) of that section, or

(ii) specifying additional persons or bodies in that subsection;

(d) amend section 343AD by—

(i) specifying additional functions that are to be relevant functions in relation to persons and bodies specified in subsection (3) of that section, or

(ii) specifying additional persons or bodies in that subsection.

(2) In subsection (1) a reference to a provision of this Act includes a reference to that provision as amended by virtue of subsection (1).

(3) A function specified by virtue of subsection (1)(a)(i), (b)(i), (c)(i) or (d)(i) must be a function under or by virtue of—

(a) primary legislation, or

(b) assimilated direct legislation.

(4) A person or body specified by virtue of subsection (1)(a)(ii), (b)(ii), (c)(ii) or (d)(ii) must be a person or body by whom functions are exercisable under or by virtue of—

(a) primary legislation, or

(b) assimilated direct legislation.

(5) Nothing in sections 343AA to 343AD limits the fields to which functions added by virtue of subsection (1) may relate.

(6) The powers conferred by subsection (1) include power to make consequential amendments of any of sections 343AA to 343AE.

(7) Before making regulations under subsection (1) the Secretary of State must consult—

(a) the Welsh Ministers so far as the regulations contain provision that is within Welsh devolved competence,

(b) the Scottish Ministers so far as the regulations contain provision that is within Scottish devolved competence,

(c) the relevant Northern Ireland department so far as the regulations contain provision that is within Northern Ireland devolved competence, and

(d) any other persons the Secretary of State considers appropriate.

(8) For the purposes of this section a provision is within Welsh devolved competence if it—

(a) would be within the legislative competence of Senedd Cymru if contained in an Act of Senedd Cymru (assuming that any consent by a Minister of the Crown were given), or

(b) is provision which could be made in subordinate legislation by the Welsh Ministers acting alone.

(9) For the purposes of this section a provision is within Scottish devolved competence if it—

(a) would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament, or

(b) is provision which could be made in subordinate legislation by the Scottish Ministers or the First Minister.

(10) For the purposes of this section a provision is within Northern Ireland devolved competence if it—

(a) would be within the legislative competence of the Northern Ireland Assembly, and would not require the consent of the Secretary of State, if contained in an Act of that Assembly, or

(b) is provision which could be made in subordinate legislation by a Northern Ireland department.

(11) In this section “primary legislation” means—

(a) an Act of Parliament;

(b) an Act of the Scottish Parliament;

(d) Northern Ireland legislation.

Conditional or absolute discharge

Part 14B — Service police: complaints, misconduct etc

Functions of the Service Police Complaints Commissioner

Complaints, misconduct etc

340P

(1) The Secretary of State may by regulations make, in relation to the Service Police Complaints Commissioner (established under section 365BA), service police forces and the tri-service serious crime unit, provision corresponding (with or without modifications) to any provision of or made under Part 2 of the Police Reform Act 2002 (complaints and misconduct) except for section 19 of that Act (but see subsections (4) to (6)).

(2) For the purposes of subsection (1), section 105(5) of the Police Reform Act 2002 (power to provide for matters to be determined by Director General of the Independent Office for Police Conduct) is treated as included in Part 2 of that Act.

(3) If regulations under subsection (1) include provision corresponding (with or without modifications) to section 10(5) of the Police Reform Act 2002 (general functions of Director General), the regulations may also provide for subsection (2D) of section 54 of the Police Act 1996 (functions of inspectors of constabulary) to apply (with or without modifications) in relation to the Service Police Complaints Commissioner as that subsection applies in relation to the Director General of the Independent Office for Police Conduct.

(4) The Secretary of State may by regulations make such provision as the Secretary of State thinks appropriate for the purpose of authorising—

(a) the use of directed and intrusive surveillance, and

(b) the conduct and use of covert human intelligence sources,

for the purposes of, or for purposes connected with, the carrying out of the Service Police Complaints Commissioner’s functions.

(5) Regulations under subsection (4) may, for the purposes of or in connection with any such provision as is mentioned in subsection (4), make amendments that the Secretary of State thinks appropriate to—

(a) Parts 2 and 4 of the Regulation of Investigatory Powers Act 2000 (surveillance and covert human intelligence sources and scrutiny of investigatory powers), and

(b) Part 3 of the Police Act 1997 (authorisations in respect of property).

(6) Expressions used in this section and in Part 2 of the Regulation of Investigatory Powers Act 2000 have the same meanings in this section as in that Part.

340Q

(1) The Secretary of State may by regulations make, in relation to the Service Police Complaints Commissioner, service police forces and the tri-service serious crime unit, provision corresponding (with or without modifications) to any provision of or made under Part 2B of the Police Reform Act 2002 (investigation of concerns raised by whistle-blowers).

(2) For the purposes of this section, section 105(5) of the Police Reform Act 2002 (power to provide for matters to be determined by Director General of the Independent Office for Police Conduct) is treated as included in Part 2B of that Act.

Super-complaints

340R

(1) The Secretary of State may by regulations make, in relation to policing by one or more than one relevant body, provision corresponding (with or without modifications) to any provision of or made under Part 2A of the Police Reform Act 2002 (super-complaints).

(2) In subsection (1) “relevant body” means a service police force or the tri-service serious crime unit.

Service Police Complaints Commissioner

365BA

(1) There is to be a Service Police Complaints Commissioner.

(2) The Commissioner is to have the functions conferred on the Commissioner by or under this Act or any other enactment.

(3) Schedule 14A makes further provision with respect to the Commissioner.

365BB

(1) The Service Police Complaints Commissioner may appoint persons to be investigating officers.

(2) An investigating officer holds and vacates office in accordance with the terms of the officer’s appointment.

(3) An investigating officer may, unless the Commissioner otherwise directs, exercise any function of the Commissioner.

Schedule 14A

Appointment

1

The Service Police Complaints Commissioner is a corporation sole.

2

The Commissioner is not to be regarded—

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

3

The Commissioner is to be appointed by Her Majesty on the recommendation of the Secretary of State.

4

A person is disqualified from being the Commissioner if any of the following applies—

(a) the person is a member of the regular or reserve forces (whether or not as a member of a service police force);

(b) the person has been a member of a service police force;

5

(1) Sub-paragraph (2) applies if—

(a) the office of the Commissioner becomes vacant, or

(b) it appears to the Secretary of State that the ability of the Commissioner to carry out the Commissioner’s functions is seriously impaired because of ill health (whether mental or physical).

(2) The Secretary of State may appoint a person to act as the Commissioner during the vacancy or period of ill health.

(3) An acting Commissioner holds and vacates office in accordance with the terms of the acting Commissioner’s appointment.

(4) While an acting Commissioner holds office, the acting Commissioner is to be regarded (except for the purposes of paragraphs 3, 4 and 6 and this paragraph) as the Commissioner.

6

The Commissioner holds and vacates office in accordance with the terms of the Commissioner’s appointment.

7

The Commissioner may authorise a member of staff working for the Commissioner to exercise any power or duty of the Commissioner on the Commissioner’s behalf.

8

(1) This paragraph applies where a person has been seconded to serve as a member of the Commissioner’s staff.

(2) The Commissioner is liable in respect of unlawful conduct of the person in the carrying out, or purported carrying out, of their functions as a member of the Commissioner’s staff, in the same manner as an employer is liable in respect of unlawful conduct of an employee in the course of their employment.

(3) In sub-paragraph (1) the reference to secondment to serve as a member of the Commissioner’s staff is to serving as a member of the Commissioner’s staff without being employed by the Commissioner.

Disqualification of offenders for holding elective office etc

Disqualification orders

236A

(1) This section applies where—

(a) a person (“the offender”) is convicted of a qualifying section 42 offence by a court,

(b) the offender was aged 18 or over when the offence was committed, and

(c) the court is satisfied beyond reasonable doubt that the offence is aggravated by hostility related to persons falling within any of sections 32 to 34 of the Elections Act 2022.

(2) The court must, when dealing with the offender for the offence, also make an order (a “disqualification order”) that the offender is disqualified, for the period of 5 years beginning with the date on which the order is made—

(a) for being nominated for election to a relevant elective office, and

(b) for being elected to or holding a relevant elective office.

(3) Subsection (2) does not apply where the court considers that there are particular circumstances relating to the offence or to the offender which would make it unjust in all the circumstances to make the order; and in such a case the court must state in open court the reasons for not making the order.

(4) For the purposes of this section an offence is aggravated by hostility related to persons falling within any of sections 32 to 34 of the Elections Act 2022 if—

(a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on the victim being (or being presumed to be) a person falling within any of those sections, or

(b) the offence was motivated (wholly or partly) by hostility towards persons falling within any of those sections in their capacity as such.

(5) For the purposes of subsection (4) it is immaterial whether or not the offender's hostility is also based, to any extent, on any other factor not mentioned in that subsection.

(6) For the purpose of deciding whether to make a disqualification order the court may consider evidence led by the parties to the proceedings.

(7) It is immaterial whether evidence led in pursuance of subsection (6) would have been admissible in the proceedings in which the offender was convicted.

(8) Where a qualifying section 42 offence is found to have been committed—

(a) over a period of 2 or more days, or

(b) at some time during a period of 2 or more days,

it is to be taken for the purposes of subsection (1)(b) to have been committed on the last of those days.

(9) For the purposes of any appeal against a disqualification order—

(a) references in section 141 to a finding or punishment include the making of a disqualification order;

(b) references in section 16A of the Court Martial Appeals Act 1968 to passing a sentence include making a disqualification order.

(10) In this section—

“court” means the court or officer sentencing the offender;

“presumed” means presumed by the offender;

“qualifying section 42 offence” means an offence under section 42 (criminal conduct) as respects which the corresponding offence under the law of England and Wales is an offence listed in Schedule 9 to the Elections Act 2022;

“relevant elective office” has the same meaning as in Part 5 of the Elections Act 2022 (see section 37 of that Act).

236B

References (however expressed) in any enactment to an order under section 30 of the Elections Act 2022 include references to an order under section 236A.

304D

(1) This section applies if—

(a) the Court Martial has passed a sentence on a person in respect of a service offence;

(b) the sentence for the offence is not fixed by law or, if it is, the person pleaded guilty; and

(2) A person falls within this subsection if the person—

(a) received a discounted sentence in consequence of having offered, in accordance with a written agreement with the Director of Service Prosecutions (“the Director”), to give assistance to the investigator or prosecutor of an offence; and

(b) having given the assistance in accordance with the agreement, in accordance with another written agreement with the Director gives or offers to give further assistance to the investigator or prosecutor of an offence.

(3) A person falls within this subsection if the person—

(a) received a sentence which was not discounted; and

(b) in accordance with a written agreement with the Director subsequently gives or offers to give assistance to the investigator or prosecutor of an offence.

(4) The Director may at any time refer the case back to the Court Martial if—

(a) the person is still serving the sentence; and

(b) the Director thinks it is in the interests of justice to do so.

(5) The Court Martial dealing with a referral under this section must, if possible, consist of the people who were the members of the Court Martial when it passed the sentence to which the referral relates.

(6) The Court Martial may—

(a) take into account the extent and nature of the assistance given or offered; and

(b) substitute for the sentence to which the referral relates such lesser sentence as it thinks appropriate.

(7) Any part of the sentence to which the referral relates which the person has already served must be taken into account in determining when a lesser sentence imposed under this section has been served.

(8) A person in respect of whom a referral is made under this section may, with the leave of the Court Martial Appeal Court, appeal to that court against a decision of the Court Martial under this section.

(9) The Director may, with the leave of the Court Martial Appeal Court, appeal to that court against such a decision.

(10) In relation to any proceedings under this section, the Secretary of State may make regulations containing provision corresponding to any provision in Parts 2 to 4 of the Court Martial Appeals Act 1968, with or without modifications (but this is subject to subsection (11)).

(11) Regulations under subsection (10)—

(a) may not make provision corresponding to provision which may be included in regulations made by the Lord Chancellor under section 31A, 33, 33A, 46A or 47 of the Court Martial Appeals Act 1968;

(b) may confer power to make regulations corresponding to the power in section 31A, 33, 33A, 46A or 47 of the Court Martial Appeals Act 1968 only if they provide that a statutory instrument containing such regulations (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(12) Section 1(4) of the Court Martial Appeals Act 1968 (limitation on appeal from the Court Martial Appeal Court) does not prevent an appeal to the Supreme Court in accordance with regulations made under this section.

(13) Subsections (3) to (5) of section 304C apply for the purposes of this section as they apply for the purposes of that section but as if the references to subsection (2) of that section were references to subsection (6) of this section.

(14) In this section—

(a) “discounted sentence” means a sentence passed in accordance with section 304C or this section;

(b) references to assisting the prosecutor are to assisting the Director or any other prosecutor.

304E

(1) This section applies if—

(a) the Court Martial has passed a sentence on a person in respect of a service offence;

(b) the sentence for the offence is not fixed by law or, if it is, the person pleaded guilty;

(c) the person received a discounted sentence in consequence of having offered, in accordance with a written agreement with the Director of Service Prosecutions (“the Director”), to give assistance to the investigator or prosecutor of an offence; and

(d) the person fails to any extent to give assistance in accordance with the agreement.

(2) The Director may at any time refer the case back to the Court Martial if—

(a) the person is still serving the sentence; and

(b) the Director thinks it is in the interests of justice to do so.

(3) The Court Martial dealing with a referral under this section must, if possible, consist of the people who were the members of the Court Martial when it passed the sentence to which the referral relates.

(4) If the Court Martial is satisfied that the person knowingly failed to give the assistance, it may substitute for the sentence to which the referral relates such greater sentence as it thinks appropriate.

(5) A greater sentence imposed under this section must not exceed the sentence which the court would have passed but for the agreement to give assistance.

(6) Any part of the sentence to which the referral relates which the person has already served must be taken into account in determining when a greater sentence imposed under this section has been served.

(7) A person in respect of whom a referral is made under this section may, with the leave of the Court Martial Appeal Court, appeal to that court against a decision of the Court Martial under this section.

(8) The Director may, with the leave of the Court Martial Appeal Court, appeal to that court against such a decision.

(9) In relation to any proceedings under this section, the Secretary of State may make regulations containing provision corresponding to any provision in Parts 2 to 4 of the Court Martial Appeals Act 1968, with or without modifications (but this is subject to subsection (10)).

(10) Regulations under subsection (9)—

(a) may not make provision corresponding to provision which may be included in regulations made by the Lord Chancellor under section 31A, 33, 33A, 46A or 47 of the Court Martial Appeals Act 1968;

(b) may confer power to make regulations corresponding to the power in section 31A, 33, 33A, 46A or 47 of the Court Martial Appeals Act 1968 only if they provide that a statutory instrument containing such regulations (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(11) Section 1(4) of the Court Martial Appeals Act 1968 (limitation on appeal from the Court Martial Appeal Court) does not prevent an appeal to the Supreme Court in accordance with regulations made under this section.

(12) In this section—

(a) “discounted sentence” means a sentence passed in accordance with section 304C or 304D;

(b) references to assisting the prosecutor are to assisting the Director or any other prosecutor.

PART 12A — Offenders assisting investigations and prosecutions

304A

(1) If the Director of Service Prosecutions (“the Director”) thinks that, for the purposes of the investigation or prosecution of a relevant service offence, it is appropriate to offer a person immunity from prosecution for a service offence, the Director may give the person a written notice under this subsection (an “immunity notice”).

(2) “Relevant service offence” means—

(a) an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an indictable offence under that law; or

(b) any other service offence which, if committed by a person aged 18 or over and tried by the Court Martial, is punishable with imprisonment for more than 2 years.

(3) If a person is given an immunity notice, the person may not be tried for a service offence of a description specified in the notice except in circumstances specified in the notice.

(4) An immunity notice ceases to have effect in relation to the person to whom it is given if the person fails to comply with any conditions specified in the notice.

304B

(1) If the Director of Service Prosecutions (“the Director”) thinks that, for the purposes of the investigation or prosecution of a relevant service offence, it is appropriate to offer a person an undertaking that information will not be used against the person in service proceedings, the Director may give the person a written notice under this subsection (a “restricted use undertaking”).

(2) If a person is given a restricted use undertaking, the information described in the undertaking must not be used against that person in service proceedings except in the circumstances specified in the undertaking.

(3) In subsections (1) and (2), the references to the use of information in service proceedings are to its use—

(a) at a summary hearing in respect of a service offence, or

(b) in proceedings in respect of a service offence before—

(i) the Court Martial;

(ii) the Service Civilian Court;

(iii) the Summary Appeal Court;

(iv) the Court Martial Appeal Court; or

(v) the Supreme Court on an appeal brought from the Court Martial Appeal Court.

(4) A restricted use undertaking ceases to have effect in relation to the person to whom it is given if the person fails to comply with any conditions specified in the undertaking.

(5) In this section “relevant service offence” has the same meaning as in section 304A.

304C

(1) This section applies if a defendant—

(a) is convicted of a service offence following a plea of guilty in proceedings in the Court Martial; and

(b) has, pursuant to a written agreement made with the Director of Service Prosecutions, assisted or offered to assist the investigator or prosecutor in relation to that or any other offence.

(2) In determining what sentence to pass on the defendant, the Court Martial may take into account the extent and nature of the assistance given or offered.

(3) Subsection (2) does not prevent the court from also taking account of any other matter which it is entitled by virtue of any other enactment to take account of for the purposes of determining the sentence.

(4) The power of a court to act under subsection (2) is not affected by any enactment which requires that a minimum sentence is passed in respect of an offence or an offence of a particular description or by reference to the circumstances of an offender (whether or not the enactment also permits the court to pass a lesser sentence in particular circumstances).

(5) The power of a court to act under subsection (2) is not affected by any enactment which, in the case of a sentence which is fixed by law, requires the court to take into account certain matters for the purposes of making an order which determines, or has the effect of determining, the minimum period of imprisonment or detention which the offender must serve (whether or not the enactment also permits the court to fix a lesser period in particular circumstances).

(6) In this section, references to assisting the prosecutor are to assisting the Director or any other prosecutor.

304F

(1) Subsections (2) and (3) apply if, in accordance with section 304C or 304D, a court passes or substitutes a lesser sentence than it would have passed if the assistance mentioned in those sections had not been given or offered (a “discounted sentence”).

(2) The court must state in open court—

(a) that it has passed or substituted a discounted sentence; and

(b) what the greater sentence would have been.

(3) If the court thinks that it would not be in the public interest to disclose that the sentence is a discounted sentence—

(a) subsection (2) does not apply;

(b) the court must give written notice of the matters specified in paragraphs (a) and (b) of that subsection to both the prosecutor and the defendant; and

(c) section 252 (duty to give reasons and explain sentence) does not apply to the extent that it would require the court to disclose that it has passed or substituted a discounted sentence.

(4) Subsection (5) applies if a court—

(a) substitutes a sentence in accordance with section 304E; and

(b) thinks that it would not be in the public interest to disclose that the person received a discounted sentence under section 304C or 304D.

(5) Section 252 (duty to give reasons and explain sentence) does not apply to the extent that it would require the court to disclose that the person received a discounted sentence.

304G

(1) This section applies to—

(a) proceedings relating to a referral made under section 304D or 304E; and

(b) any other proceedings arising in consequence of such proceedings.

(2) The court in which the proceedings will be or are being heard may make such order as it thinks appropriate—

(a) to exclude a person from the proceedings;

(b) to give such directions as it thinks appropriate prohibiting the publication of any matter relating to the proceedings (including the fact that the referral has been made).

(3) The power under subsection (2)(a) does not include power to exclude—

(a) a member or officer of the court;

(b) a party to the proceedings;

(d) counsel or a solicitor for a party to the proceedings;

(e) a person otherwise directly concerned with the proceedings.

(4) An order under subsection (2) may be made only to the extent that the court thinks—

(a) that it is necessary to do so to protect the safety of any person; and

(b) that it is in the interests of justice.

(5) This section does not affect any other power which the court has by virtue of any rule of law or other enactment—

(a) to exclude a person from proceedings; or

(b) to restrict the publication of matters relating to proceedings.

304H

In this Part—

(a) “sentence” includes any order made by a court when dealing with an offender in respect of an offence; and

(b) a reference to a greater or lesser sentence must be interpreted accordingly.

177DA

(1) This section applies where a person commits an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under section 66E of the Sexual Offences Act 2003 (creating purported intimate image of adult).

(2) The purported intimate image to which the offence relates, and anything containing it, is to be regarded for the purposes of section 177C(3) (and section 94A(3)(b)(ii)) as used for the purposes of committing the offence (including where it is committed by aiding, abetting, counselling or procuring).

Armed Forces Commissioner

365AA

(1) There is to be an Armed Forces Commissioner.

(2) The functions of the Commissioner are—

(a) the general function of—

(i) promoting the welfare of persons subject to service law and relevant family members (as defined by section 340IA(4)), and

(ii) improving the public’s understanding of the welfare issues faced by persons subject to service law and relevant family members, and

(b) the other functions conferred by or under this Act or by any other enactment.

(3) The general function referred to in subsection (2)(a) is to be carried out in whatever ways the Commissioner considers best calculated to advance the objectives mentioned in subsection (2)(a)(i) and (ii).

(4) The Commissioner may do anything that the Commissioner considers is calculated to facilitate, or is incidental or conducive to, the carrying out of any of the Commissioner’s functions.

(5) The power in subsection (4) is subject to any restrictions imposed by or under this Act or any other enactment.

(6) Schedule 14ZA makes further provision with respect to the Commissioner.

SCHEDULE 14ZA

1

The Armed Forces Commissioner is a corporation sole.

2

The Commissioner is not to be regarded—

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

3

The Commissioner is to be appointed by His Majesty on the recommendation of the Secretary of State.

4

A person is disqualified from being the Commissioner if the person—

(a) is a member of the regular or reserve forces, or

(b) is employed in the civil service of the State.

5

(1) The Commissioner holds and vacates office in accordance with the terms of their appointment, subject as follows.

(2) The Commissioner’s initial term of office may not be more than five years.

(3) The Commissioner may be appointed for no more than one further term of not more than two years, beginning at the end of the initial term.

(4) The Commissioner may resign by giving written notice to the Secretary of State.

(5) The Secretary of State may dismiss the Commissioner if satisfied that the Commissioner is unable, unwilling or unfit to perform the Commissioner’s functions.

(6) If the Secretary of State dismisses the Commissioner, the Secretary of State must make a statement to the House of Parliament of which that Secretary of State is a member setting out the reasons for dismissing the Commissioner.

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