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

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) if section 239 (guilty pleas) applies and as a result of taking into account a matter mentioned in section 239(2) the court has imposed a punishment on the offender which is less severe than the punishment it would otherwise have imposed, state that fact;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In this section “guidelines” has the same meaning as in section 259.

Savings

Savings for powers to mitigate sentence etc

254

(1) Nothing in any of sections 242, 243, 248, 249, 250, 256, 258, 260, 261, 265 and 270 prevents a court or officer from mitigating an offender's sentence by taking into account any such matters as, in the court's or officer's opinion, are relevant in mitigation of sentence.

(2) Nothing in those sections prevents a court or officer from mitigating any punishment included in an offender's sentence by taking into account any other punishment included in that sentence.

(3) Nothing in those sections or section 255 prevents a court, in the case of an offender who is convicted of one or more other offences, from mitigating his sentence by applying any rule of law as to the totality of sentences.

(4) Subsections (2) and (3) do not affect the generality of subsection (1).

Chapter 2 — Principles and Procedures applying to Service Courts Only

General

Individual sentence for each offence

255

Where the Court Martial or the Service Civilian Court convicts a person, the court must pass a separate sentence in respect of each offence of which he is convicted.

Pre-sentence reports

256

(1) Subject to subsection (2), a court must obtain and consider a pre-sentence report before—

(a) forming any such opinion as is mentioned in—

section 242(1) or 243(2) (service detention);

section 260(2) or 261(2) (custodial sentence); or

section 265(1) (dismissal or dismissal with disgrace);

(b) forming any such opinion as is mentioned in section 270(1) or (2)(b) (community punishment) or any opinion as to the suitability for the offender of the particular requirement or requirements to be included in a community punishment; or

(c) forming the required opinion for the purposes of section 219(1), 219A(1), 221(1) or 221A(1) (sentences for dangerous offenders).

(2) Subsection (1) does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a pre-sentence report.

(3) Where the offender is aged under 18, the court must not form the opinion mentioned in subsection (2) unless—

(a) there exists a previous pre-sentence report obtained in respect of the offender; and

(b) the court has had regard to the information contained in that report, or, if there is more than one such report, the most recent report.

(4) No sentence is invalidated by a failure of a court to obtain and consider a pre-sentence report before doing any of the things mentioned in paragraphs (a) to (c) of subsection (1).

(5) However, any court on appeal against a custodial sentence in respect of a service offence, a sentence of dismissal or dismissal with disgrace, a sentence of service detention or a community punishment—

(a) must (subject to subsection (6)) obtain a pre-sentence report if none was obtained by the court below; and

(b) must consider any such report obtained by it or by that court.

(6) Subsection (5)(a) does not apply if the court is of the opinion—

(a) that the court below was justified in forming an opinion that it was unnecessary to obtain a pre-sentence report; or

(b) that, although the court below was not justified in forming that opinion, in the circumstances of the case at the time it is before the court it is unnecessary to obtain a pre-sentence report.

(7) Where the offender is aged under 18, the court must not form the opinion mentioned in subsection (6) unless—

(a) there exists a previous pre-sentence report obtained in respect of the offender; and

(b) the court has had regard to the information contained in that report or, if there is more than one such report, the most recent report.

(8) Subsections (5) to (7) do not apply to the Summary Appeal Court on an appeal to it.

(9) Subsections (1) to (4) do apply to the Summary Appeal Court in relation to a sentence of service detention, but as if the opinions referred to in subsection (1)(a) were any such opinion as is mentioned in section 242(4) or 243(3).

(10) The reference in subsection (1)(a) to a court forming any such opinion as is mentioned in section 260(2) or 261(2) includes a court forming such an opinion for the purposes of section 218A(4).

Pre-sentence reports: supplementary

257

(1) In section 256 and this section “pre-sentence report” has the meaning given by section 31(1) of the Sentencing Code.

(2) In section 31(1) of that Code as applied by this section, “an appropriate officer” includes any registered social worker (as well as any person who is an appropriate officer within the meaning given by section 31(2) of that Code).

(3) In this section “registered social worker” means a person registered as a social worker in a register maintained by—

(a) Social Work England;

(b) the Care Council for Wales;

(d) the Northern Ireland Social Care Council.

(4) Section 32(1) to (4) and (6) of the Sentencing Code (disclosure of reports) apply in relation to a pre-sentence report obtained by a court for the purposes of section 256 of this Act as they apply in relation to a report obtained by a court for the purposes of section 30 of that Code.

Mentally disordered offenders: requirement for medical report

258

(1) Subject to subsection (2), before passing a custodial sentence for a service offence on an offender who is or appears to be mentally disordered, a court must obtain and consider a medical report.

(2) Subsection (1) does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a medical report.

(3) Before passing a custodial sentence for a service offence on an offender who is or appears to be mentally disordered, a court must consider—

(a) any information before it which relates to his mental condition (whether given in a medical report, a pre-sentence report or otherwise); and

(b) the likely effect of such a sentence on that condition and on any treatment which may be available for it.

(4) No custodial sentence which is passed in a case to which subsection (1) applies is invalidated by a failure of a court to comply with that subsection, but any court on an appeal against such a sentence—

(a) must obtain a medical report if none was obtained by the court below; and

(b) must consider any such report obtained by it or by that court.

(5) In this section—

“custodial sentence” does not include a custodial sentence fixed by law;

“medical report” means a report as to an offender's mental condition made or submitted orally or in writing by a registered medical practitioner who is approved for the purposes of section 12 of the Mental Health Act 1983 (c. 20) by the Secretary of State , or by another person by virtue of section 12ZA or 12ZB of that Act, as having special experience in the diagnosis or treatment of mental disorder.

(6) Nothing in this section is to be taken to limit the generality of—

section 256 (pre-sentence reports); or

section 260(4) (information to be taken into account).

Sentencing guidelines

259

(1) A court must—

(a) in sentencing an offender for a service offence, have regard to any guidelines that are relevant to the offender's case; and

(b) in exercising any other function relating to the sentencing of offenders for service offences, have regard to any guidelines which are relevant to the exercise of the function.

(2) However, the court may depart from the guidelines mentioned in subsection (1)(a) or (b) if in its opinion the departure is justified by any features of service life or of the service disciplinary system that are relevant to the case.

(3) Subsection (2) does not limit any power existing apart from that subsection to depart from guidelines.

(4) References in subsection (1)(a) and (b) to sentencing an offender for a service offence include making any order when dealing with an offender in respect of such an offence.

(5) In this section “guidelines” means sentencing guidelines issued by the Sentencing Council for England and Wales under section 120 of the Coroners and Justice Act 2009 as definitive guidelines, as revised by any subsequent guidelines so issued.

Custodial sentences and service detention

Discretionary custodial sentences: general restrictions

260

(1) This section applies where a court is dealing with an offender for a service offence punishable with a custodial sentence, other than an offence the sentence for which—

(a) is fixed by law;

(b) falls to be imposed under section 273(3) or 283(3) of the Sentencing Code as a result of section 218A(1B) or (2) (life sentence for second listed offence);

(c) falls to be imposed under section 274(3) or 285(3) of the Sentencing Code as a result of section 219(1A) or (2) (life sentence for certain dangerous offenders aged 18 or over);

(d) falls to be imposed under section 258(2) of the Sentencing Code as a result of section 221(2) (life sentence for certain dangerous offenders aged under 18);

(e) falls to be imposed under section 313(2A) of the Sentencing Code as a result of section 225(2) (third drug trafficking offence);

(f) falls to be imposed under section 314(2A) of the Sentencing Code as a result of section 226(2) (third domestic burglary);

(g) falls to be imposed under section 311(2) of the Sentencing Code as a result of section 227(2) (firearms offences); or

(h) falls to be imposed under section 227A(1A) or (2) (threatening with a weapon in public or on school premises).

(2) The court must not pass a custodial sentence unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was so serious that no less severe sentence can be justified for the offence.

(3) Nothing in subsection (2) prevents the court from passing a custodial sentence where—

(a) the court had proposed to award a community punishment; and

(b) the offender failed to express his willingness to comply with a requirement which the court proposed to include in the community punishment and which required an expression of such willingness.

(4) In forming any such opinion as is mentioned in subsection (2) or section 261(2) (length of sentence), a court must take into account all such information as is available to it about the circumstances of the offence and any associated offence, including any aggravating or mitigating factors.

(4A) The reference in subsection (4) to a court forming any such opinion as is mentioned in subsection (2) or section 261(2) includes a court forming such an opinion for the purposes of section 218A(4).

(4B) The reference in subsection (4) to a court forming any such opinion as is mentioned in section 261(2) also includes a court forming such an opinion for the purposes of —

(a) section 268(2) or 281(2) of the Sentencing Code, as applied by section 219A of this Act (extended sentences for offenders aged 18 or over), or

(b) section 256(2) of the Sentencing Code, as applied by section 221A of this Act (extended sentences for offenders aged under 18).

(5) For the purposes of this section a sentence falls to be imposed as a result of subsection (2) of section 225, 226 or 227 if it is required by that subsection and the court is not of the opinion there mentioned.

Length of discretionary custodial sentences: general provision

261

(1) This section applies where a court passes a custodial sentence for a service offence, other than a sentence fixed by law or imposed under —

(a) section 273(3) or 283(3) of the Sentencing Code as a result of section 218A(1B) or (2) (life sentence for second listed offence),

(b) section 274(3) or 285(3) of the Sentencing Code as a result of section 219(1A) or (2) (life sentence for certain dangerous offenders aged 18 or over), or

(c) section 258(2) of the Sentencing Code as a result of section 221(2) (life sentence for certain dangerous offenders aged under 18).

(2) The custodial sentence must be for the shortest term (not exceeding the permitted maximum) that in the opinion of the court is commensurate with the seriousness of the offence or the combination of the offence and one or more offences associated with it.

(3) Subsection (2) is subject to sections 219A, 221A, 225, 226 , 227 and 227A (sentences that may or must be imposed for certain offences).

262

In section 328 of the Sentencing Code (court imposing prison term of 12 months or more may recommend licence conditions) “court” includes a court dealing with an offender for a service offence.

Restriction on imposing custodial sentence or service detention on unrepresented offender

263

(1) A sentence of—

(a) imprisonment, or

(b) service detention,

must not be passed by the Court Martial or the Service Civilian Court, or passed or confirmed by the Summary Appeal Court, in respect of an offender who is not legally represented in that court.

(2) Subsection (1) does not apply if the offender—

(a) having been informed of his right to apply for legal representation and having had the opportunity to do so, refused or failed to apply; or

(b) was aged 21 or over when convicted, and has previously been sentenced to imprisonment by a civilian court in any part of the United Kingdom or for a service offence ....

(3) The Court Martial or the Service Civilian Court must not—

(a) pass a custodial sentence on an offender who is aged under 21 on conviction, or

(b) make an order under section 211 (detention and training),

on or in respect of an offender who is not legally represented in that court unless the offender, having been informed of his right to apply for legal representation and having had the opportunity to do so, refused or failed to apply.

(4) For the purposes of this section an offender is “legally represented” in the Court Martial or the Service Civilian Court only if he has the assistance of counsel or a solicitor to represent him in the proceedings in that court at some time after he is found guilty and before he is sentenced.

(5) For the purposes of this section an offender is “legally represented” in the Summary Appeal Court—

(a) in a case where his appeal was only against punishment, if he has the assistance of counsel or a solicitor to represent him at some time during the proceedings in that court;

(b) in any other case, only if he has the assistance of counsel or a solicitor to represent him in the proceedings in that court at some time after the court confirms or substitutes the finding and before it confirms or passes sentence.

(6) For the purposes of subsection (2)(b)—

(a) a previous sentence of imprisonment which has been suspended and has not taken effect is to be disregarded;

(b) “sentence of imprisonment” does not include a committal for contempt of court or any kindred offence;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of duties to pass custodial sentences on other powers of punishment

264

(1) Where a provision of this Act requires a court to impose a particular custodial sentence in respect of an offence, it is not to be taken to prevent the court from including in its sentence for that offence any other authorised punishment.

(2) In this section an “authorised punishment” means any punishment authorised by this Act apart from—

service detention;

a service supervision and punishment order;

minor punishments;

a community punishment;

a conditional or absolute discharge.

Dismissal

Dismissal: general restrictions

265

(1) A court may not pass a sentence of dismissal or dismissal with disgrace in respect of an offence unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was serious enough to warrant such a sentence.

(2) In forming any such opinion as is mentioned in subsection (1), a court must take into account all such information as is available to it about the circumstances of the offence and any associated offence, including any aggravating or mitigating factors.

(3) The Court Martial must not pass a sentence of dismissal or dismissal with disgrace on an offender who is not legally represented in that court.

(4) Subsection (3) does not apply if the offender, having been informed of his right to apply for legal representation and having had the opportunity to do so, refused or failed to apply.

(5) For the purposes of this section an offender is “legally represented” in the Court Martial only if he has the assistance of counsel or a solicitor to represent him in the proceedings in that court at some time after he is found guilty and before he is sentenced.

Financial punishments

Financial statement orders

266

(1) Before sentencing a person who has been convicted of a service offence, a court may make a financial statement order; but this does not apply to the Summary Appeal Court.

(2) A financial statement order is an order requiring the person to give to the court, within such period as may be specified in the order, such a statement of his assets and other financial circumstances as the court may require.

(3) A person who without reasonable excuse fails to comply with a financial statement order commits an offence and is liable to a fine not exceeding level 3 on the standard scale.

(4) A person who in providing any statement in pursuance of a financial statement order—

(a) makes a statement which he knows to be false in a material particular,

(b) recklessly provides a statement which is false in a material particular, or

commits an offence and is liable to a fine not exceeding level 4 on the standard scale.

Power of court to remit fine

267

(1) This section applies where a court has, in fixing the amount of a fine in respect of a service offence, determined the offender's financial circumstances under section 249(5).

(2) If on subsequently inquiring into the offender's financial circumstances the court is satisfied that had it had the results of that inquiry when sentencing the offender it would—

(a) have fixed a smaller amount, or

(b) not have fined him,

it may remit the whole or part of the fine.

(3) Where under this section the court remits the whole or part of a fine after a term of imprisonment has been fixed under section 269A, it must reduce the term by the corresponding proportion.

(4) In calculating any reduction required by subsection (3), any fraction of a day is to be ignored.

Order for service parent or service guardian to pay fine or compensation

268

(1) This section applies where—

(a) a person aged under 18 is convicted of an offence by the Court Martial or the Service Civilian Court;

(b) he is a civilian subject to service discipline;

(d) the court is of the opinion that the case would best be met by the imposition of a fine or the making of a service compensation order (with or without any other punishment).

(2) The court may, and if the offender is under 16 when convicted must, order that the fine or compensation awarded be paid by the service parent or service guardian instead of by the offender himself; but this is subject to subsection (3).

(3) Where (apart from this subsection) the court would be required by subsection (2) to make an order against a service parent or service guardian, the court need not make such an order if it is satisfied—

(a) that no service parent or service guardian can be found; or

(b) that it would be unreasonable to make such an order having regard to the circumstances of the case.

(4) No order may be made under this section without giving the parent or guardian an opportunity of being heard, unless the parent or guardian has failed to attend having been required to do so.

(5) For the purposes of sections 285 to 287 (appeals from Service Civilian Court) or, as the case may be, the Court Martial Appeals Act 1968 (c. 20)—

(a) an order under this section is to be treated as a sentence passed on the parent or guardian for the offence; and

(b) the parent or guardian is to be treated for the purpose of enabling him to appeal against the order as if he had been convicted of the offence by the court that made the order.

(6) For the purposes of any appeal against the order, references in section 16A of the Court Martial Appeals Act 1968 to passing a sentence include making an order.

(7) On an appeal against the order the Court Martial Appeal Court may (as an alternative to exercising its powers under section 16A(2) of that Act) quash the order.

(8) A parent or guardian is a “service parent” or “service guardian” for the purposes of this section if he is a person subject to service law or a civilian subject to service discipline.

Fixing of fine or compensation to be paid by parent or guardian

269

(1) For the purposes of any order under section 268 against the parent or guardian of an offender—

(a) section 249 (fixing of fine) has effect as if any reference to the offender's financial circumstances were to the parent's or guardian's financial circumstances, and as if the reference in subsection (5)(b) to the offender were to the parent or guardian;

(b) section 250(1) (determination of service compensation order) has effect as if any reference to the financial circumstances of the person against whom the service compensation order is made were to the financial circumstances of the parent or guardian;

(c) section 250(2) (preference to be given to compensation if insufficient means to pay both compensation and fine) has effect as if the reference to the offender were to the parent or guardian;

(d) section 267 (power to remit fine) has effect as if any reference to the offender's financial circumstances were to the parent's or guardian's financial circumstances.

(2) Before making an order under section 268 against a parent or guardian, the court may make a financial statement order with respect to him.

(3) In subsection (2) “financial statement order” has the meaning given by subsection (2) of section 266, and subsections (3) and (4) of that section apply in relation to a financial statement order made under this section as they apply in relation to such an order made under that section.

Community punishments

Community punishments: general restrictions etc

270

(1) A court must not award a community punishment in respect of an offence unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was serious enough to warrant such a punishment.

(2) Where a court awards a community punishment—

(a) the particular requirement (or requirements) included in the order must be such as the court considers the most suitable for the offender; and

(b) the restrictions on liberty imposed by the order must be such as in the opinion of the court are commensurate with the seriousness of the offence, or the combination of the offence and one or more offences associated with it.

(2A) Subsection (2) is subject to section 208(10) and (11) of the Sentencing Code (community orders: punitive elements) as applied by section 178(3) and section 182(3A).

(3) In forming any such opinion as is mentioned in subsection (1) or (2)(b), a court must take into account all such information as is available to it about the circumstances of the offence and any associated offence, including any aggravating or mitigating factors.

(4) In forming an opinion for the purposes of subsection (2)(a) the court may take into account any information about the offender which is before it.

(5) In determining the restrictions on liberty to be imposed by a community punishment in respect of an offence, the court may have regard to any period for which the offender has, since being charged with the offence or any related offence, been kept in service custody in connection with the offence or any related offence.

(6) In subsection (5) “related offence” has the meaning given by section 247.

(6A) The fact that by virtue of any provision of this section—

(a) a community punishment may be awarded in respect of an offence, or

(b) particular restrictions on liberty may be imposed by a community punishment,

does not require a court to award such a punishment or to impose those restrictions.

(7) Subsections (1) and (2)(b) are subject to section 270A.

Chapter 3 — Supplementary

Civilian courts dealing with service offences

271

(1) Nothing in this Part affects a civilian court dealing with an offender for a service offence.

(2) The Secretary of State may by regulations modify—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) any ... enactment that confers functions on sentencing courts,

in its application to a civilian court dealing with an offender for a service offence.

Part 10 — Court Martial Decisions: Appeals and Review

Chapter 1 — Appeals from Court Martial

Appeals to the Court Martial Appeal Court

272

(1) The Courts-Martial Appeal Court is renamed the Court Martial Appeal Court.

(2) Schedule 8 (amendment of the Courts-Martial (Appeals) Act 1968) has effect.

Chapter 2 — Review of Court Martial Sentence

Review of unduly lenient sentence by Court Martial Appeal Court

273

(1) If the Attorney General considers—

(a) that a sentence passed by the Court Martial in respect of an offence under section 42 (criminal conduct) is unduly lenient, and

(b) that condition A or B is satisfied,

he may refer the case to the Court Martial Appeal Court for it to review the sentencing of the offender.

(2) Condition A is that the corresponding offence under the law of England and Wales is under that law an offence which, if committed by an adult, is triable only on indictment.

(3) Condition B is that the case is of a description specified for the purposes of this subsection in an order made by the Secretary of State.

(4) A reference under subsection (1) may not be made without the leave of the Court Martial Appeal Court.

(5) On a reference under subsection (1), the Court Martial Appeal Court may—

(a) quash the sentence passed by the Court Martial; and

(b) pass in substitution for it any sentence which the Court Martial Appeal Court thinks appropriate and which is a sentence that the Court Martial had power to pass in respect of the offence.

(6) For the purposes of subsection (1)(a), the Attorney General may consider that a sentence passed by the Court Martial is unduly lenient if he considers—

(a) that the Court Martial erred in law as to its powers of sentencing; or

(b) that the sentence is not that required by —

(i) section 273(3) or 283(3) of the Sentencing Code as a result of section 218A(1B) or (2) (life sentence for second listed offence);

(ii) section 274(3) or 285(3) of the Sentencing Code as a result of section 219(1A) or (2) (life sentence for certain dangerous offenders aged 18 or over);

(iii) section 258(2) of the Sentencing Code as a result of section 221(2) (life sentence for certain dangerous offenders aged under 18);

(iv) section 313(2A) of the Sentencing Code as a result of section 225(2) (third drug trafficking offence);

(v) section 314(2A) of the Sentencing Code as a result of section 226(2) (third domestic burglary);

(vi) section 311(2) of the Sentencing Code as a result of section 227(2) (firearms offences); or

(vii) section 227A(1A) or (2) (threatening with a weapon in public or on school premises);

but nothing in this subsection limits subsection (1)(a).

(7) Where a reference under subsection (1) relates to a case in which the Court Martial made a minimum term order under section 321 of the Sentencing Code, the Court Martial Appeal Court may not, in deciding what sentence is appropriate for the case, make any allowance for the fact that the offender is being sentenced for a second time.

(7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) The reference in subsection (1)(a) to a sentence passed by the Court Martial does not include one passed on an appeal under section 285 (appeal from Service Civilian Court).

(9) In this section and section 274 “sentence” includes any order made by a court when dealing with an offender.

Reference of point of law to Supreme Court

274

(1) Where the Court Martial Appeal Court has concluded its review of a case referred to it under section 273(1), the Attorney General or the offender may refer to the Supreme Court a point of law involved in any sentence passed on the offender in the proceedings.

(2) A reference under subsection (1) may not be made without the leave of the Court Martial Appeal Court or the Supreme Court.

(3) Such leave may not be given unless—

(a) the Court Martial Appeal Court has certified that the point of law is of general public importance; and

(b) it appears to the Court Martial Appeal Court or the Supreme Court (as the case may be) that the point is one which should be considered by the Supreme Court.

(4) The Supreme Court must give its opinion on any point of law referred to it under subsection (1) and must—

(a) remit the case to the Court Martial Appeal Court to be dealt with; or

(b) deal with the case itself.

(5) For the purposes of dealing with a case itself the Supreme Court may exercise any powers of the Court Martial Appeal Court.

Power to make supplementary provision about review of sentence

275

(1) The Secretary of State may by regulations make supplementary provision with respect to references under section 273(1) or 274(1) (including provision with respect to applications, proceedings and other matters in connection with such references).

(2) The regulations may in particular include provision which is equivalent to that made by, or capable of being made under, any provision of—

(a) this Act,

(b) the Court Martial Appeals Act 1968 (c. 20), or

subject to such modifications as the Secretary of State considers appropriate.

Chapter 3 — Compensation for Miscarriages of Justice

Compensation for miscarriages of justice

276

(1) Where—

(a) a person has been convicted by the Court Martial, and

(b) subsequently his conviction has been reversed, or he has been pardoned, on the ground that a new or newly discovered fact shows beyond reasonable doubt that there has been a miscarriage of justice,

the Secretary of State shall pay compensation for the miscarriage of justice to him or, if he is dead, to his personal representatives; but this is subject to subsections (2) to (3A).

(2) Compensation under this section is not payable if the non-disclosure of the unknown fact was wholly or partly attributable to the person convicted.

(3) Compensation under this section is not payable unless an application for such compensation has been made to the Secretary of State before the end of the period of 2 years beginning with the date on which the conviction of the person concerned is reversed or he is pardoned.

(3A) But the Secretary of State may direct that an application for compensation made after the end of that period is to be treated as if it had been made within that period if the Secretary of State considers that there are exceptional circumstances which justify doing so.

(4) The question whether there is a right to compensation under this section is to be determined by the Secretary of State.

(5) If the Secretary of State determines that there is a right to such compensation, the amount of the compensation is to be assessed by an assessor appointed by the Secretary of State.

(6) Section 276A applies in relation to the assessment of the amount of the compensation.

(7) The reference in subsection (1) to a conviction having been reversed is to be read as a reference to a conviction having been quashed—

(a) on an appeal out of time;

(b) on a reference under section 34 of the Court Martial Appeals Act 1968 (c. 20); or

(7A) But in a case where—

(a) a person's conviction for an offence is quashed on an appeal out of time, and

(b) the person is to be subject to a retrial,

the conviction is not to be treated for the purposes of subsection (1) as “reversed” unless and until the person is acquitted of all offences at the retrial or the prosecution indicates that it has decided not to proceed with the retrial.

(8) Schedule 9 (provision with regard to assessors) has effect.

Part 11 — The Service Civilian Court

The Service Civilian Court: court and proceedings

The Service Civilian Court

277

(1) There shall be a court, to be known as the Service Civilian Court.

(2) The Service Civilian Court may sit in any place, whether within or outside the United Kingdom.

Constitution and proceedings of the Service Civilian Court

278

(1) In any proceedings, the Service Civilian Court is to consist of a single judge advocate.

(2) The judge advocate for any proceedings is to be specified by or on behalf of the Judge Advocate General.

(3) Schedule 10 (proceedings of the Service Civilian Court) has effect.

Court must consider whether trial by Court Martial more appropriate

279

(1) Before arraignment, the Service Civilian Court must decide whether it or the Court Martial should try the charge.

(2) Before making a decision under this section, the court must—

(a) give the Director of Service Prosecutions (“the Director”) an opportunity to inform the court of the defendant's previous convictions (if any); and

(b) give the Director and the defendant an opportunity to make representations as to whether the Service Civilian Court or the Court Martial should try the charge.

(3) In making a decision under this section, the court must consider—

(a) the nature of the case;

(b) the seriousness of the offence;

(d) any other circumstances it considers to be relevant; and

(e) any representations made by the Director and the defendant.

(4) If the court decides that the charge should be tried by the Court Martial—

(a) it must refer the charge to that court; and

(b) the charge is to be regarded for the purposes of Part 5 as allocated for Court Martial trial.

(5) Section 238(3) (meaning of “previous conviction”) applies for the purposes of subsection (2)(a) above.

Right to elect trial by Court Martial instead of by SCC

280

(1) This section applies where the Service Civilian Court decides (under section 279) that it should try a charge.

(2) Before arraignment the court must, in the way specified by SCC rules, give the defendant the opportunity of electing Court Martial trial of the charge.

(3) If the defendant or (if more than one person is jointly charged) any of the defendants elects Court Martial trial of the charge—

(a) the Service Civilian Court must refer the charge to the Court Martial; and

(b) the charge is to be regarded for the purposes of Part 5 as allocated for Court Martial trial.

(4) If subsection (3) does not apply, the Service Civilian Court must try the charge (but this is subject to the exercise by the Director of Service Prosecutions of the power under section 126(2)(b), (d) or (e)).

(5) Where the Service Civilian Court is, in accordance with SCC rules, to try together two or more charges against the defendant, an election for Court Martial trial in respect of any of the charges takes effect as an election in respect of all of them.

Power of SCC to convict of offence other than that charged

281

Section 161 (power of Court Martial to convict of offence other than that charged) applies in relation to the Service Civilian Court as it applies in relation to the Court Martial.

Punishments available to Service Civilian Court

282

(1) Section 164 and Schedule 3 (punishments available to Court Martial) apply in relation to the Service Civilian Court as they apply in relation to the Court Martial.

(2) Subsection (1) is subject to—

(a) sections 283 and 284 (maximum imprisonment, fine or compensation order that may be awarded by SCC); and

(b) subsection (3).

(3) Where the Service Civilian Court sentences an offender to whom Part 2 of Schedule 3 applies, it may not award a punishment mentioned in any of rows 2 to 5 or 8 of the Table in section 164 (as modified by that Part of that Schedule).

Imprisonment: maximum term

283

(1) The Service Civilian Court may not impose imprisonment for more than 6 months in respect of any one offence.

(2) Where the Service Civilian Court imposes two or more terms of imprisonment to run consecutively their aggregate must not exceed 12 months.

(3) In this section, references to imprisonment include detention in a young offender institution.

Fines and compensation orders: maximum amounts

284

(1) The Service Civilian Court may not in respect of any one offence impose a fine exceeding the prescribed sum.

(2) Where the Service Civilian Court convicts a person of an offence under section 42 (criminal conduct), it may not impose a fine which a magistrates' court in England or Wales could not impose on him for the corresponding offence under the law of England and Wales.

(2A) The following subsections apply if (but only if) the Service Civilian Court has convicted a person aged under 18 (“the offender”) of an offence or offences.

(3) The compensation to be paid under a service compensation order made by the Service Civilian Court in respect of the offence, or any one of the offences, must not exceed the amount for the time being mentioned in section 139(2) of the Sentencing Code (limit on compensation order made by magistrates' court).

(4) The compensation or total compensation to be paid under a service compensation order or service compensation orders made by the Service Civilian Court in respect of any offence or offences taken into consideration in determining sentence must not exceed the difference (if any) between—

(a) the amount or total amount which under subsection (3) is the maximum for the offence or offences of which the offender has been convicted; and

(b) the amount or total amounts (if any) which are in fact ordered to be paid in respect of that offence or those offences.

Appeals from Service Civilian Court

Right of appeal from SCC

285

(1) A person convicted by the Service Civilian Court may appeal to the Court Martial—

(a) if he pleaded guilty, against his sentence;

(b) if he did not plead guilty, against his conviction or sentence.

(2) It is immaterial for the purposes of subsection (1)(a), and of subsection (1)(b) so far as relating to sentence, whether the sentence was passed on conviction or in subsequent proceedings.

(3) Subject to subsection (4), any appeal under this section must be brought—

(a) within the period of 28 days beginning with the date on which the person was sentenced (“the initial period”); or

(b) within such longer period as the Court Martial may allow by leave given before the end of the initial period.

(4) The Court Martial may at any later time give leave for an appeal to be brought within such period as it may allow.

(5) The respondent to an appeal under this section is the Director of Service Prosecutions.

(6) In this section “sentence” includes any order made by a court when dealing with an offender.

Hearing of appeals from SCC

286

(1) This section applies in relation to appeals under section 285.

(2) An appeal against conviction is to be by way of a rehearing of the charge (including, where the appellant is convicted, a rehearing as respects sentence).

(3) An appeal against sentence is to be by way of a rehearing as respects sentence.

(4) Subject to subsections (5) and (6) and to such modifications as may be contained in Court Martial rules, Parts 7 to 9 of this Act apply in relation to appeals as they apply in relation to trials by the Court Martial.

(5) The following may not be a member of the court hearing the appeal—

(a) the judge advocate who tried or sentenced the appellant;

(b) any other judge advocate before whom there was (in the proceedings under appeal) a hearing.

(6) The Court Martial may only pass a sentence that the Service Civilian Court had power to pass in respect of the offence.

(7) In this section and section 287—

(a) “sentence” includes any order;

(b) references to the passing of a sentence include references to the making of an order.

Findings made and sentences passed by Court Martial on appeal from SCC

287

(1) Any finding made, or sentence passed, by the Court Martial on an appeal under section 285 replaces the finding or sentence of the Service Civilian Court.

(2) Unless the Court Martial otherwise directs, any sentence passed on such an appeal takes effect from the beginning of the day on which the Service Civilian Court passed sentence.

(3) Subsection (4) applies where a sentence is passed on a person on an appeal under section 285 against sentence.

(4) The person is to be treated, for the purpose of enabling him to appeal under the Court Martial Appeals Act 1968 (c. 20) against the sentence, as if he had been convicted by the Court Martial of the offence in respect of which the sentence was passed.

SCC rules

288

(1) The Secretary of State may by rules (referred to in this Act as “SCC rules”) make provision with respect to the Service Civilian Court.

(2) SCC rules may in particular make provision with respect to—

(a) sittings of the court, including the place of sitting and changes to the place of sitting;

(b) trials and other proceedings of the court;

(d) evidence, including the admissibility of evidence;

(e) the representation of the defendant.

(3) Without prejudice to the generality of subsections (1) and (2), SCC rules may make provision—

(a) as to oaths and affirmations for judge advocates, witnesses and other persons;

(b) as to objections to, and the replacement of, judge advocates;

(c) for procuring the attendance of witnesses and other persons and the production of documents and other things, including provision about—

(i) the payment of expenses to persons summoned to attend the court;

(ii) the issue by the court of warrants for the arrest of persons;

(d) as to the amendment of charges;

(e) for the taking into consideration, when sentencing an offender, of any other service offence committed by him;

(ea) for the variation or rescission by the court of a sentence passed by it, or an order under section 193 made by it, in a case where it appears to the court that it had no power to award such a sentence or (as the case may be) to make such an order;

(f) for the discharge of a court (including provision as to retrials and rehearings following discharge);

(g) for the making and retention of records of proceedings of the court;

(h) for the supply of copies of such records, including provision about the fees payable for the supply of such copies;

(i) conferring functions in relation to the court on the court administration officer;

(j) for the delegation by the court administration officer of any of his functions in relation to the court.

(4) Provision that may be made by the rules by virtue of subsection (2)(d) includes provision applying, with or without modifications, any enactment (whenever passed) creating an offence in respect of statements admitted in evidence.

(5) Provision that may be made by the rules by virtue of subsection (3)(c)(ii) includes provision—

(a) conferring powers of arrest;

(b) requiring any arrested person to be brought before the court;

(c) authorising the keeping of persons in service custody, and the imposition of requirements on release from service custody (including provision applying section 107(5) and (6) with or without modifications).

(6) SCC rules must secure that, after arraignment, charges may not be amended—

(a) in circumstances substantially different from those in which charges may be amended in magistrates' courts in England and Wales; or

(b) otherwise than subject to conditions which correspond, as nearly as circumstances permit, to those subject to which charges may be so amended.

(6A) Rules made by virtue of subsection (3)(ea) may make provision about the commencement of sentences or orders varied by the court (including provision conferring on the court a power to direct that a sentence is to take effect otherwise than as mentioned in section 289(1)).

(7) SCC rules may apply, with or without modifications, any enactment or subordinate legislation (whenever passed or made), including any provision made by or under this Act.

Part 12 — Service and Effect of Certain Sentences

Commencement of sentence

Commencement of sentences of the Court Martial and Service Civilian Court

289

(1) A sentence passed by the Court Martial or the Service Civilian Court takes effect from the beginning of the day on which it is passed.

(2) Subsection (1) does not apply to—

(a) a suspended sentence of imprisonment or service detention; or

(b) a sentence passed by the Court Martial on appeal from the Service Civilian Court.

(3) Subsection (1) is subject to any power conferred by or under any Act (including this Act) to direct that a sentence shall take effect otherwise than as mentioned in subsection (1).

Commencement of term of service detention awarded by CO

290

(1) This section applies where an officer—

(a) awards a term of service detention (other than a suspended sentence of service detention); and

(b) does not make a direction under section 189(3) in respect of the award (consecutive sentences of service detention).

(2) If the offender so elects at the time of the award, the award takes effect from the beginning of the day on which the award is made.

(3) If no election is made under subsection (2), the award—

(a) takes effect from the end of the appeal period (unless an appeal is brought within that period);

(b) if an appeal is brought within that period, takes effect from the beginning of the day when the appeal is abandoned or determined.

(4) An election under subsection (2) may be withdrawn at any time until the end of the appeal period.

(5) If an election is withdrawn, the remainder of the award ceases to have effect from the beginning of the day of withdrawal and resumes effect—

(a) from the end of the appeal period (unless an appeal is brought within that period);

(b) if an appeal is brought within that period, from the beginning of the day when the appeal is abandoned or determined.

(6) If an award takes or resumes effect under subsection (2), (3)(a) or (5)(a) and an appeal is subsequently brought, the remainder of the award—

(a) ceases to have effect from the beginning of the day when the appeal is brought; and

(b) resumes effect from the beginning of the day when the appeal is abandoned or determined.

(7) In this section “appeal period” means the period mentioned in section 141(2) for the bringing of an appeal.

(8) Nothing in subsection (3)(b), (5)(b) or (6)(b) applies where the appeal is determined and, on that determination, the award is quashed or another punishment is substituted for it.

Commencement of consecutive term of service detention awarded by CO

291

(1) This section applies where an officer—

(a) awards a term of service detention; and

(b) directs under section 189(3) that the award shall take effect from the end of another sentence of service detention (“the initial sentence”).

(2) The offender may at the time of the award make an election under this subsection.

(3) Such an election may be withdrawn at any time until the end of the appeal period.

(4) If the offender—

(a) makes an election under subsection (2), and

(b) does not withdraw the election, or bring an appeal, before the end of the initial sentence,

the award takes effect from the end of the initial sentence.

(5) If subsection (4) does not apply, the award—

(a) takes effect from the end of the initial sentence or (if later) the end of the appeal period (unless an appeal is brought before that time);

(b) if an appeal is brought before the end of the initial sentence or (if later) the end of the appeal period, takes effect from the end of the initial sentence or (if later) the beginning of the day when the appeal is abandoned or determined.

(6) If an election is withdrawn after the end of the initial sentence, the remainder of the award ceases to have effect from the beginning of the day of withdrawal and resumes effect—

(a) from the end of the appeal period (unless an appeal is brought within that period);

(b) if an appeal is brought within that period, from the beginning of the day when the appeal is abandoned or determined.

(7) If an award takes or resumes effect under subsection (4), (5)(a) or (6)(a) and an appeal is subsequently brought, the remainder of the award—

(a) ceases to have effect from the beginning of the day when the appeal is brought; and

(b) resumes effect from the beginning of the day when the appeal is abandoned or determined.

(8) In this section “appeal period” means the period mentioned in section 141(2) for the bringing of an appeal against the award mentioned in subsection (1)(a) above.

(9) Nothing in subsection (5)(b), (6)(b) or (7)(b) applies where the appeal is determined and, on that determination, the award is quashed or another punishment is substituted for it.

Commencement of suspended sentence activated by CO

292

(1) This section applies where an officer makes an order (“the activation order”) under section 193(3) (activation of suspended award of service detention).

(2) If the activation order does not provide that the suspended sentence shall take effect from the end of another sentence, section 290(2) to (8) apply, but with the following modifications—

(a) the reference in subsection (2) to the time of the award is to be read as to the time when the activation order is made;

(b) the reference in subsection (2) to the day on which the award is made is to be read as to the day on which the activation order is made;

(c) any other reference to “the award” in subsections (2) to (7) is to the award of service detention to which the activation order relates (with any modification of its term made by the activation order);

(d) the reference in subsection (7) to an appeal is to an appeal against the activation order; and

(e) in subsection (8)—

(i) the reference to the award is to be read as to the activation order; and

(ii) the reference to another punishment is to be read as to another order under section 193(3).

(3) If the activation order provides that the suspended sentence shall take effect from the end of another sentence (“the initial sentence”), section 291(2) to (9) apply, but with the following modifications—

(a) the reference in subsection (2) to the time of the award is to be read as to the time when the activation order is made;

(b) any reference to “the initial sentence” is to the initial sentence as defined by this subsection;

(c) any reference to “the award” in subsections (4) to (7) is to the award of service detention to which the activation order relates (with any modification of its term made by the activation order);

(d) the reference in subsection (8) to the award mentioned in section 291(1)(a) is to be read as to the activation order; and

(e) in subsection (9)—

(i) the reference to the award is to be read as to the activation order; and

(ii) the reference to another punishment is to be read as to another order under section 193(3).

Effect of custodial sentence or detention on rank or rate

Effect on rank or rate of WOs and NCOs of custodial sentence or sentence of service detention

293

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rank or rate of WOs and NCOs while in custody pursuant to custodial sentence etc

294

(1) While a warrant officer or non-commissioned officer is in custody in pursuance of a sentence or order to which this section applies, he is for all purposes to be treated as being—

(a) if he is a member of any of Her Majesty's air forces, of the highest rank he has held in that force as an airman;

(b) otherwise, of the rank or rate of able rate, marine or soldier (as the case may be).

(2) The sentences to which this section applies are—

(a) a custodial sentence passed in respect of a service offence;

(b) a sentence of service detention;

(c) a sentence of imprisonment, or a sentence corresponding to any other custodial sentence, passed by a civilian court in the British Islands.

(3) The orders to which this section applies are—

(a) an order under section 214 (detention for commission of offence during currency of order);

(b) an order under paragraph 3 of Schedule 12 to the Sentencing Code (detention of offender subject to detention and training order for breach of supervision requirements);

Effect of dismissal

Effect of sentence of dismissal

295

(1) This section applies where a sentence of dismissal or dismissal with disgrace is passed on an offender.

(2) If the offender is a commissioned officer, his commission is forfeit with effect from the beginning of the day on which the sentence is passed.

(3) If the offender is not a commissioned officer, the competent authority must discharge him from the regular or reserve force of which he is a member.

(4) If the offender is a warrant officer or non-commissioned officer, his rank or rate is reduced from the beginning of the day on which the sentence is passed—

(a) if he is a member of any of Her Majesty's air forces, to the highest rank he has held in that force as an airman;

(b) otherwise, to able rate, marine or soldier (as the case may be).

(5) Nothing in subsection (3) requires the offender to be discharged before he is released from any sentence of service detention—

(a) which is passed on him on the same occasion as the sentence mentioned in subsection (1); or

(b) to which he is subject when that sentence is passed.

Service of sentence

Service detention

296

(1) A person sentenced to service detention—

(a) may be detained in service custody; but

(b) may not be detained in a prison.

(2) Subsection (1)(a) does not apply if—

(a) the sentence has not taken effect; or

(b) the sentence has ceased to have effect by virtue of section 290 or 291 and has not resumed effect.

(3) A person detained in service custody in pursuance of a sentence of service detention is deemed to be in legal custody.

Detention in service custody following passing of custodial sentence etc

297

(1) Where—

(a) a custodial sentence has been passed on a person in respect of a service offence, or

(b) an order under section 214 (detention for commission of offence during currency of order) has been made in respect of a person,

the person may be detained in service custody until he is committed to the appropriate establishment.

(2) For the purposes of subsection (1), a suspended sentence of imprisonment is to be treated as passed when an order that the sentence shall take effect is made.

(3) A person in service custody under subsection (1) is deemed to be in legal custody.

Removal to England and Wales following passing of custodial sentence etc

298

(1) If a person is outside England and Wales when—

(a) a custodial sentence is passed on him in respect of a service offence, or

(b) an order under section 214 (detention for commission of offence during currency of order) is made in respect of him,

he must as soon as practicable be removed to England and Wales.

(2) For the purposes of subsection (1), a suspended sentence of imprisonment is to be treated as passed when an order that the sentence shall take effect is made.

Duty to receive prisoners

299

The governor of a prison in England or Wales must—

(a) receive any person who, in accordance with rules under section 300, has been sent to the prison; and

(b) confine that person until he is lawfully discharged or delivered over.

Service custody etc rules

300

(1) The Secretary of State may make rules about service custody and the service of relevant sentences.

(2) The rules may in particular contain provision about—

(a) the provision, classification, regulation and management of service custody premises;

(b) the appointment, powers and duties of inspectors and visitors of service custody premises and of persons who work at such premises;

(d) the places in which persons may be required to serve sentences of service detention;

(e) the removal of persons serving relevant sentences from one place or type of custody to another;

(f) the committal of persons under relevant sentences to the appropriate establishment;

(g) the circumstances in which persons serving relevant sentences who are unlawfully at large are to be treated as not being unlawfully at large;

(h) the release (including the temporary or early release) of persons serving sentences of service detention.

(3) The rules may confer on any person—

(a) a power to use reasonable force where necessary for the purpose of carrying out a search of service custody premises or of a person in service custody;

(b) a power to seize and detain unauthorised property (as defined by the rules).

(4) The rules may contain provision in respect of the award of additional days to a person guilty of a disciplinary offence created by the rules.

(5) The rules may provide for the determination of any matter by a judge advocate, and may contain provision for and in connection with appeals against such determinations.

(6) The rules may apply (with or without modifications), in relation to service custody premises and persons detained there, any of—

(a) sections 39 to 42 of the Prison Act 1952 (c. 52) (offences by persons other than prisoners etc);

(b) section 22(2) of the Criminal Justice Act 1961 (c. 39) (harbouring escaped prisoners etc).

(7) In this section—

“relevant sentence” means—a custodial sentence passed in respect of a service offence;a sentence of service detention; oran order under section 214 (detention for commission of offence during currency of order);

“service custody premises” means premises under the control of the Secretary of State for the keeping of persons in service custody.

Duration of sentences: persons unlawfully at large or on temporary release

301

(1) In calculating the period for which a person sentenced to service detention is liable to be detained, no account shall be taken of any period within subsection (3).

(2) In calculating the period for which a person on whom a custodial sentence has been passed in respect of a service offence is liable to be detained, no account shall be taken of any period within subsection (3) occurring before the person is committed to the appropriate establishment.

(3) The following periods are within this subsection—

(a) any period when the person is unlawfully at large;

(b) any period of temporary release on compassionate grounds (pursuant to rules under section 300).

(4) A person who has been temporarily released pursuant to rules under section 300 is unlawfully at large for the purposes of this section if—

(a) he was released subject to complying with a condition, and he fails to comply with the condition; or

(b) he is at large after the end of the period for which he was released.

(5) In this section—

“period when the person is unlawfully at large” means (subject to any rules made by virtue of section 300(2)(g))— the period beginning with the day when the person becomes unlawfully at large and ending with the day when the person is taken back into custody (service or otherwise) or returns to the place where the sentence was being served; orin relation to a person who is absent when sentenced, the period beginning with the day when the sentence is passed and ending with the day when the person is taken into custody (service or otherwise);

“period of temporary release on compassionate grounds” means the period beginning with the day after the day when the person is released and ending with the day when he is required to return to custody (or, if earlier, the day when he returns to custody).

Remission of certain sentences on passing of custodial sentence etc

302

(1) Any unserved part of any relevant sentence passed on a person is remitted by—

(a) the passing on him of a custodial sentence in respect of a service offence; or

(b) the passing on him by a civilian court in the British Islands of a sentence of imprisonment or a sentence corresponding to any other custodial sentence.

(2) In subsection (1) “relevant sentence” means—

(a) a sentence of service detention;

(b) a service supervision and punishment order; or

(3) Subsection (1) applies in relation to—

(a) the making of an order under section 214 (detention for commission of offence during currency of order),

(b) the making of an order under paragraph 3 of Schedule 12 to the Sentencing Code (detention of offender subject to detention and training order for breach of supervision requirements), or

(c) the making by a civilian court in the British Islands of an order corresponding to an order within paragraph (a) or (b),

as it applies in relation to the passing of a sentence mentioned in subsection (1)(a).

(4) For the purposes of subsection (1), a suspended sentence of imprisonment or a sentence corresponding to such a sentence is to be treated as passed when an order that the sentence shall take effect is made.

Power of service policeman to arrest person unlawfully at large

303

(1) A person who has been sentenced to service detention and who is unlawfully at large—

(a) may be arrested by a service policeman; and

(b) may be taken to the place in which he is required in accordance with law to be detained.

(2) Section 301(4) (cases where persons temporarily released from service detention are unlawfully at large) applies for the purposes of this section.

(3) A person may use reasonable force, if necessary, in the exercise of a power conferred by subsection (1).

Supplementary

Sentences passed by civilian courts

304

(1) In this Part any reference to a custodial sentence passed in respect of a service offence excludes any sentence passed by a civilian court in respect of such an offence.

(2) In each of sections 297(2) and 298(2) the reference to an order excludes an order made by a civilian court.

Part 13 — Discipline: Miscellaneous and Supplementary

Chapter 1 — Testing for Alcohol and Drugs

Testing for drugs

305

(1) A drug testing officer may, in order for it to be ascertained whether or to what extent a person subject to service law has or has had drugs in his body, require the person to provide a sample of his urine for analysis.

(2) A drug testing officer may not impose a requirement under subsection (1) if—

(a) he or his commanding officer is the person's commanding officer; or

(b) the sample is sought in connection with an investigation under this Act of an offence ....

(3) A person commits an offence if he fails to comply with a requirement imposed under subsection (1).

(4) In this section—

“drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38); and

“drug testing officer” means an officer, warrant officer or non-commissioned officer who is authorised by or in accordance with regulations made by the Defence Council for the purpose of obtaining samples for analysis for drugs.

(5) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment ... imposed in respect of the offence must not exceed six months.

Testing for alcohol and drugs after serious incident

306

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definitions etc for purposes of section 306

307

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sections 305 and 306: supplementary

308

(1) The Defence Council may by regulations make provision about the obtaining of samples under section 305(1) and the analysis of such samples, including in particular provision—

(a) as to the number of samples which a person may be required to provide;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) enabling the person imposing a requirement under section 305(1) ... to specify the way in which the sample is to be provided;

(d) prescribing circumstances in which a requirement under section 305(1) ... may not be imposed;

(e) as to the equipment to be used, and the procedures to be followed, in obtaining or analysing samples;

(f) as to the qualifications and training of any persons engaged in obtaining or analysing samples.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The results of any analysis of a sample provided pursuant to a requirement imposed under section 305(1) ...are not admissible in evidence against any person in proceedings in respect of a service offence.

(4) Nothing in this Chapter limits the powers conferred by—

(za) Chapter 3A of Part 3,

(a) any provision of the Road Traffic Act 1988 (c. 52), or

(b) any provision of an order under section 113(1) of PACE which makes provision equivalent to any provision of Part 5 of PACE (questioning and treatment of persons by police),

or affects the admissibility in any proceedings of evidence obtained under those powers.

Chapter 2 — Contempt of Court

Offences of misbehaviour in court etc

309

(1) A qualifying service court has jurisdiction under this section to deal with any person (“the offender”) who at a time when he is within subsection (6)—

(a) refuses to take an oath or make an affirmation when duly required by the court to do so;

(b) when a witness, refuses to answer any question which the court has lawfully required him to answer;

(c) when attending or brought before the court refuses to produce any document or other thing which is in his custody or under his control and which the court has lawfully required him to produce;

(d) intentionally interrupts the proceedings of the court or otherwise misbehaves in court; or

(e) intentionally insults or intimidates—

(i) any member of the court while that member is acting as such a member or is going to or returning from the court; or

(ii) any witness or other person whose duty it is to attend the court, while that witness or other person is attending the court or going to or returning from the court.

(2) If the offender is a person subject to service law or a civilian subject to service discipline, the court may—

(a) commit the offender to service custody for a specified period not exceeding 28 days;

(b) impose on him a fine not exceeding level 4 on the standard scale; or

(3) If the offender is not a person subject to service law or a civilian subject to service discipline, the court may impose on him a fine not exceeding level 4 on the standard scale.

(4) A qualifying service court may at any time revoke an order of committal made by it under this section and, if the offender is in custody, order his discharge.

(5) The following are qualifying service courts for the purposes of this section—

(a) the Court Martial;

(b) the Summary Appeal Court;

(6) A person is within this subsection at any time when—

(a) he is in the United Kingdom; or

(b) he is outside the United Kingdom but is subject to service law or is a civilian subject to service discipline.

Power to detain before dealing with section 309 offence

310

(1) Where a court with power to deal with a person under section 309 does not immediately exercise that power, it may order a service policeman, an officer of a UK police force or a member of court staff to take the offender into service custody and detain him in service custody until the rising of the court.

(2) If at the end of that detention—

(a) the court considers that a decision whether to exercise that power should not be taken without a further hearing, and

(b) any of the conditions in subsection (4) is satisfied,

the court may give orders for the further detention of the offender in service custody.

(3) An authorisation of detention under subsection (2) ends not more than 48 hours after the time when the offender was first detained under subsection (1).

(4) The conditions referred to in subsection (2)(b) are—

(a) that the court is satisfied that there are substantial grounds for believing that the offender, if released from service custody, would—

(i) fail to attend any hearing in the proceedings against him;

(ii) commit an offence while released; or

(iii) interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person;

(b) that the court is satisfied that he should be kept in service custody for his own protection or, if he is aged under 17, for his own welfare or in his own interests;

(c) that the court is satisfied that it has not been practicable to obtain sufficient information for the purpose of deciding whether the condition in paragraph (a) or (b) is met.

(5) A person may use reasonable force, if necessary, in the exercise of any power arising from an order of a court under this section.

Certification to civil courts

311

(1) This section applies if, in relation to proceedings before a qualifying service court, a person within section 309(6) does any act (“the offence”) that would constitute contempt of court if the proceedings were before a court having power to commit for contempt.

(2) The qualifying service court, unless it has exercised any power conferred by section 309 in relation to the offence, may certify the offence—

(a) if it took place in a part of the United Kingdom, to any court of law in that part of the United Kingdom which has power to commit for contempt;

(b) if it took place outside the United Kingdom, to the High Court in England and Wales.

(3) The court to which the offence is certified may inquire into the matter, and after hearing—

(a) any witness who may be produced against or on behalf of the person, and

(b) any statement that may be offered in defence,

may deal with him in any way in which it could deal with him if the offence had taken place in relation to proceedings before that court.

(4) Where under this section a qualifying service court certifies an offence, it may not exercise any power conferred by section 309 in relation to the offence.

(5) In this section—

“qualifying service court” has the same meaning as in section 309;

“act” includes an omission and references to the doing of an act are to be read accordingly.

Decisions of court under section 309: making and effect

312

(1) Nothing in—

(a) section 149 (findings etc of the SAC), or

(b) section 160 (findings etc of the Court Martial),

applies in relation to a decision of the Summary Appeal Court or the Court Martial under any of sections 309 to 311.

(2) Any such decision is to be taken by the judge advocate.

(3) Where the Court Martial or the Service Civilian Court commits a person to service custody under section 309, it may direct that the committal shall take effect from the end of any sentence of service detention—

(a) that has been passed on the person on a previous occasion; or

(b) (in the case of the Court Martial) that the court passes on the person on the same occasion.

(4) Where the Summary Appeal Court commits a person to service custody under section 309 it may direct that the committal shall take effect from the end of any sentence of service detention that has been passed on the person on a previous occasion.

(5) A court imposing a fine under section 309 may make an order under section 251 (power to allow payment by instalments), and in relation to such a fine section 251(2) to (7) have effect as if any reference to a service compensation order were omitted.

(6) In the provisions mentioned in subsection (7)—

(a) any reference to a sentence of service detention includes a reference to a committal to service custody under section 309; and

(b) references to persons sentenced to service detention are to be read accordingly.

(7) Those provisions are—

section 294 (rank or rate while in custody pursuant to sentence);

section 296 (prohibition of detention in a prison, etc);

section 300 (service custody etc rules);

section 301 (duration of sentences: persons unlawfully at large);

section 302 (remission on passing of custodial sentence);

section 303 (arrest by service police of persons unlawfully at large);

section 318 (arrest by civilian police of persons unlawfully at large).

Chapter 3 — Arrest and Detention by Civil Authorities

Arrest for service offences

Arrest by civilian police under warrant of judge advocate

313

(1) Where a judge advocate is satisfied by evidence given under oath or affirmation that there are reasonable grounds for doing so, he may issue a warrant for the arrest of a person who is reasonably suspected of having committed a service offence.

(2) A warrant issued under this section—

(a) shall be addressed to an officer or officers of a UK police force or British overseas territory police force; and

(b) shall specify the name of the person for whose arrest it is issued and the offence which he is alleged to have committed.

(3) The Secretary of State may make rules with respect to the practice and procedure which is to apply in connection with warrants issued under this section.

(4) A person arrested under a warrant issued under this section must as soon as practicable be transferred to service custody.

Arrest etc for desertion or absence without leave

Arrest by civilian police of deserters and absentees without leave

314

(1) A civilian policeman may arrest without a warrant a person (“a relevant suspect”) who is reasonably suspected of being a person subject to service law who has deserted or is absent without leave.

(2) If an authorised person is satisfied by evidence given under oath or affirmation that a relevant suspect is or is reasonably suspected of being within his jurisdiction, he may issue a warrant for the arrest of the relevant suspect.

(3) In subsection (2) “authorised person” means a person who has authority in a relevant territory to issue a warrant for the arrest of a person suspected of an offence.

(4) A person arrested under this section must as soon as practicable be brought before a court of summary jurisdiction in the relevant territory in which he was arrested.

(4A) In this section “civilian policeman” means an officer of a UK police force or British overseas territory police force, other than a force or body constituted in Gibraltar.

(5) In this section “relevant territory” means—

(a) England and Wales;

(b) Scotland;

(d) the Isle of Man; or

(e) a British overseas territory other than Gibraltar.

Deserters and absentees without leave surrendering to civilian police

315

(1) Where—

(a) a person surrenders to a civilian policeman as being a person subject to service law who has deserted or is absent without leave, and

(b) the surrender occurs at a place in a relevant territory which is not a police station,

he must be taken to a police station.

(2) Subsection (3) applies where a person—

(a) is brought to a police station under subsection (1), or

(b) surrenders to a civilian policeman, at a police station in a relevant territory, as being a person subject to service law who has deserted or is absent without leave.

(3) The person in charge of the police station, or a person authorised by him, must consider the case.

(4) If it appears to the person considering the case that the person who has surrendered is a person subject to service law who has deserted or is absent without leave, he may—

(a) arrange for him to be transferred to service custody;

(b) arrange for him to be brought, as soon as practicable, before a court of summary jurisdiction in the relevant territory in which the police station is situated; or

(c) release him subject to a condition that he reports, at or by such time as may be specified in the condition, to such place or person as may be so specified for the purpose of enabling him to be taken into service custody.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In this section “civilian policeman” and “relevant territory” have the same meaning as in section 314.

Proceedings before civilian court where person suspected of illegal absence

316

(1) This section applies where a person is brought before a court of summary jurisdiction in a relevant territory under section 314(4) or 315(4)(b).

(2) Subsection (3) applies if—

(a) the person admits to the court that he is a person subject to service law who has deserted or is absent without leave; or

(b) the court has in its possession evidence of a description prescribed by regulations made by the Secretary of State.

(3) Where this subsection applies—

(a) if the person is not in custody for some other cause, the court must either—

(i) arrange for him to be transferred to service custody; or

(ii) release him subject to a condition that he reports, at or by such time as may be specified in the condition, to such place or person as may be so specified for the purpose of enabling him to be taken into service custody;

(b) if the person is in custody for some other cause, the court may arrange for him to be transferred to service custody.

(4) Where subsection (3) does not apply—

(a) if the person is not in custody for some other cause, the court must release him;

(b) if the person is in custody for some other cause, the court may release him.

(5) If there is likely to be a delay before a person can be transferred to service custody under subsection (3)(a)(i) or (b), the court may commit him to be held in custody pending his transfer—

(a) in a prison,

(b) in a police station, or

which is situated in the relevant territory in which the court is situated.

(6) The release of a person under subsection (4) does not prevent him from being subsequently arrested under section 67, or under a warrant issued under section 313, as a person who is reasonably suspected of having committed an offence under section 8 or 9.

(7) In this section “relevant territory” has the same meaning as in section 314.

Warrant for the arrest of persons released under section 315(4)(c) or 316(3)(a)(ii)

317

(1) Where a person who is released under section 315(4)(c) or 316(3)(a)(ii) fails to comply with the condition subject to which he was released, a warrant for his arrest may be issued—

(a) where he was released under section 315(4)(c), by a judge advocate;

(b) where he was released under section 316(3)(a)(ii), by a judge advocate or by a person who is authorised to issue the warrant by the court that imposed the condition.

(2) A warrant issued under this section—

(a) shall be addressed to an officer or officers of a UK police force or British overseas territory police force; and

(b) shall specify the name of the person for whose arrest it is issued.

(3) The Secretary of State may make rules with respect to the practice and procedure which is to apply in connection with warrants issued under this section by judge advocates.

(4) A person arrested under a warrant issued under this section must as soon as practicable be transferred to service custody.

Arrest of persons unlawfully at large

Arrest by civilian police of persons unlawfully at large

318

(1) A person who has been sentenced to service detention and who is unlawfully at large—

(a) may be arrested without a warrant by a civilian policeman; and

(b) may be taken to the place in which he is required in accordance with law to be detained.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.

Armed Forces Act 2006

Savings

Savings for powers to mitigate sentence etc

254

Chapter 2 — Principles and Procedures applying to Service Courts Only

General

Individual sentence for each offence

255

Pre-sentence reports

256

Pre-sentence reports: supplementary

257

Mentally disordered offenders: requirement for medical report

258

Sentencing guidelines

259

Custodial sentences and service detention

Discretionary custodial sentences: general restrictions

260

Length of discretionary custodial sentences: general provision

261

Power to recommend licence conditions

262

Restriction on imposing custodial sentence or service detention on unrepresented offender

263

Effect of duties to pass custodial sentences on other powers of punishment

264

Dismissal

Dismissal: general restrictions

265

Financial punishments

Financial statement orders

266

Power of court to remit fine

267

Order for service parent or service guardian to pay fine or compensation

268

Fixing of fine or compensation to be paid by parent or guardian

269

Community punishments

Community punishments: general restrictions etc

270

Chapter 3 — Supplementary

Civilian courts dealing with service offences

271

Part 10 — Court Martial Decisions: Appeals and Review

Chapter 1 — Appeals from Court Martial

Appeals to the Court Martial Appeal Court

272

Chapter 2 — Review of Court Martial Sentence

Review of unduly lenient sentence by Court Martial Appeal Court

273

Reference of point of law to Supreme Court

274

Power to make supplementary provision about review of sentence

275

Chapter 3 — Compensation for Miscarriages of Justice

Compensation for miscarriages of justice

276

Part 11 — The Service Civilian Court

The Service Civilian Court: court and proceedings

The Service Civilian Court

277

Constitution and proceedings of the Service Civilian Court

278

Court must consider whether trial by Court Martial more appropriate

279

Right to elect trial by Court Martial instead of by SCC

280

Power of SCC to convict of offence other than that charged

281

Punishments available to Service Civilian Court

Punishments available to Service Civilian Court

282

Imprisonment: maximum term

283

Fines and compensation orders: maximum amounts

284

Appeals from Service Civilian Court

Right of appeal from SCC