CONTENTS

Go to Preamble

1. First Group of Parts

   Discipline

   1. Part 1

      Offences

      1. Assisting an enemy, misconduct on operations etc

         1. 1. Assisting an enemy

         2. 2. Misconduct on operations

         3. 3. Obstructing operations

         4. 4. Looting

         5. 5. Failure to escape etc

      2. Mutiny

         1. 6. Mutiny

         2. 7. Failure to suppress mutiny

      3. Desertion and absence without leave

         1. 8. Desertion

         2. 9. Absence without leave

         3. 10. Failure to cause apprehension of deserters or absentees

      4. Insubordination etc

         1. 11. Misconduct towards a superior officer

         2. 12. Disobedience to lawful commands

         3. 13. Contravention of standing orders

         4. 14. Using force against a sentry etc

      5. Neglect of duty and misconduct

         1. 15. Failure to attend for or perform duty etc

         2. 16. Malingering

         3. 17. Disclosure of information useful to an enemy

         4. 18. Making false records etc

         5. 19. Conduct prejudicial to good order and discipline

         6. 20. Unfitness or misconduct through alcohol or drugs

         7. 21. Fighting or threatening behaviour etc

         8. 22. Ill-treatment of subordinates

         9. 23. Disgraceful conduct of a cruel or indecent kind

      6. Property offences

         1. 24. Damage to or loss of public or service property

         2. 25. Misapplying or wasting public or service property

         3. 26. Sections 24 and 25: “public property” and “service property”

      7. Offences against service justice

         1. 27. Obstructing or failing to assist a service policeman

         2. 28. Resistance to arrest etc

         3. 29. Offences in relation to service custody

         4. 30. Allowing escape, or unlawful release, of prisoners etc

      8. Ships and aircraft

         1. 31. Hazarding of ship

         2. 32. Giving false air signals etc

         3. 33. Dangerous flying etc

         4. 34. Low flying

         5. 35. Annoyance by flying

         6. 36. Inaccurate certification

         7. 37. Prize offences by officer in command of ship or aircraft

         8. 38. Other prize offences

      9. Attempts, incitement, and aiding and abetting

         1. 39. Attempts

         2. 40. Incitement

         3. 41. Aiding, abetting, counselling or procuring

      10. Criminal conduct

          1. 42. Criminal conduct

          2. 43. Attempting criminal conduct

          3. 44. Trial of section 42 offence of attempt

          4. 45. Conspiring to commit criminal conduct

          5. 46. Inciting criminal conduct

          6. 47. Aiding, abetting, counselling or procuring criminal conduct

          7. 48. Provision supplementary to sections 43 to 47

          8. 49. Air Navigation Order offences

   2. Part 2

      Jurisdiction and Time Limits

      1. Chapter 1

         Jurisdiction

         1. Court Martial

            1. 50. Jurisdiction of the Court Martial

         2. Service Civilian Court

            1. 51. Jurisdiction of the Service Civilian Court

         3. Commanding officers

            1. 52. Charges capable of being heard summarily

            2. 53. Offences that may be dealt with at a summary hearing

            3. 54. Charges which may be heard summarily only with permission or by senior officer

      2. Chapter 2

         Time Limits for Commencing Proceedings

         1. Time limits for offences other than Reserve Forces Act offences

            1. 55. Time limit for charging former member of a regular or reserve force

            2. 56. Time limit for charging certain members or former members of ex-regular reserve forces

            3. 57. Time limit for charging person formerly subject to service law

            4. 58. Time limit for charging civilian formerly subject to service discipline

            5. 59. Time limit for charging offence under section 107

            6. 60. Time limit for charging offence under section 266

            7. 61. Sections 55 to 60: exceptions and interpretation

         2. Time limit for Reserve Forces Act offences

            1. 62. Time limit for charging Reserve Forces Act offences

      3. Chapter 3

         Double Jeopardy

         1. 63. Service proceedings barring subsequent service proceedings

         2. 64. Service proceedings barring subsequent civilian proceedings

         3. 65. Sections 63 and 64: supplementary

         4. 66. Civilian proceedings barring subsequent service proceedings

   3. Part 3

      Powers of Arrest, Search and Entry

      1. Chapter 1

         Arrest etc

         1. Powers of arrest

            1. 67. Power of arrest for service offence

            2. 68. Section 67: supplementary

            3. 69. Power of arrest in anticipation of commission of service offence

         2. Search on arrest

            1. 70. Search by service policeman upon arrest

            2. 71. Search by other persons upon arrest

            3. 72. Sections 70 and 71: supplementary

            4. 73. Seizure and retention after search upon arrest

            5. 74. Power to make provision conferring power to search premises at which person arrested

      2. Chapter 2

         Stop and Search

         1. 75. Power of service policeman to stop and search persons, vehicles etc

         2. 76. Stop and search by persons other than service policemen

         3. 77. Sections 75 and 76: definitions

         4. 78. Places in which powers under sections 75 and 76 may be exercised

         5. 79. Sections 75 and 76: limitation on searching persons or vehicles in certain gardens etc

         6. 80. Searches under sections 75 and 76: supplementary

         7. 81. Power to make further provision about searches under sections 75 and 76

         8. 82. Application of Chapter to ships and aircraft

      3. Chapter 3

         Powers of Entry, Search and Seizure

         1. Entry for purposes of obtaining evidence etc

            1. 83. Power of judge advocate to authorise entry and search

            2. 84. Section 83: definitions

            3. 85. Section 83: power to make supplementary provision

            4. 86. Power to make provision as to access to excluded material etc

            5. 87. Power of CO to authorise entry and search by service policeman

            6. 88. Power of CO to authorise entry and search by other persons

            7. 89. Review by judge advocate of certain searches under section 87 or 88

         2. Entry for purposes of arrest etc

            1. 90. Entry for purpose of arrest etc by a service policeman

            2. 91. Entry for purpose of arrest etc by other persons

         3. Additional powers of entry, search and seizure

            1. 92. Power to make provision conferring powers of entry and search after arrest

            2. 93. Power to make provision conferring power of seizure etc

      4. Chapter 4

         Supplementary

         1. 94. Property in possession of service police or CO

         2. 95. Saving provision

         3. 96. “Service living accommodation”, “premises” and other definitions

         4. 97. Power to use reasonable force

   4. Part 4

      Custody

      1. Chapter 1

         Custody without Charge

         1. 98. Limitations on custody without charge

         2. 99. Authorisation by commanding officer of custody without charge

         3. 100. Review of custody by commanding officer

         4. 101. Extension by judge advocate of custody without charge

         5. 102. Further provision about applications under section 101

         6. 103. Custody without charge: other cases

         7. 104. Custody without charge: supplementary

      2. Chapter 2

         Custody etc after Charge

         1. Custody after charge

            1. 105. Custody after charge

            2. 106. Conditions A to D

            3. 107. Release from custody after charge

            4. 108. Review of custody after charge

            5. 109. Custody during proceedings of Court Martial or Service Civilian Court

         2. Arrest after charge

            1. 110. Arrest after charge or during proceedings by order of commanding officer

            2. 111. Arrest during proceedings at direction of court

      3. Chapter 3

         Custody Proceedings Rules

         1. 112. Custody proceedings rules

   5. Part 5

      Investigation, Charging and Mode of Trial

      1. Chapter 1

         Investigation

         1. Duties of commanding officers

            1. 113. CO to ensure service police aware of possibility serious offence committed

            2. 114. CO to ensure service police aware of certain circumstances

            3. 115. Duty of CO with respect to investigation of service offences

         2. Duty of service policeman following investigation

            1. 116. Referral of case following investigation by service or civilian police

            2. 117. Section 116: position where investigation is of multiple offences or offenders

            3. 118. Duty of service policeman to notify CO of referral to DSP

      2. Chapter 2

         Charging and Mode of Trial

         1. Powers of charging etc

            1. 119. Circumstances in which CO has power to charge etc

            2. 120. Power of CO to charge etc

            3. 121. Power of DSP to direct bringing of charge etc

            4. 122. Charges brought at direction of DSP

         2. Powers of commanding officer or DSP after charge etc

            1. 123. Powers of CO after charge

            2. 124. CO to hear charge allocated for summary hearing

            3. 125. Powers of DSP in respect of charge allocated for Court Martial trial

            4. 126. Powers of DSP in respect of charge allocated for SCC trial

      3. Chapter 3

         Supplementary

         1. 127. Directions by DSP barring further proceedings

         2. 128. Regulations for purposes of Part 5

   6. Part 6

      Summary Hearing and Appeals and Review

      1. Chapter 1

         Summary Hearing

         1. Right to elect Court Martial trial

            1. 129. Right to elect Court Martial trial

            2. 130. Further consequences of election for Court Martial trial

         2. Summary hearing

            1. 131. Summary hearing

         3. Punishments available to commanding officer

            1. 132. Punishments available to commanding officer

            2. 133. Detention: limits on powers

            3. 134. Forfeiture of seniority: requirement for approval

            4. 135. Reduction in rank: limits on powers

            5. 136. Fine: maximum amount

            6. 137. Service compensation orders: maximum amount

            7. 138. Prohibited combinations of punishments

            8. 139. Savings for maximum penalties for offences

      2. Chapter 2

         The Summary Appeal Court

         1. 140. The Summary Appeal Court

         2. 141. Right of appeal

         3. 142. Constitution of the SAC for appeals

         4. 143. Officers and warrant officers qualified for membership of the SAC

         5. 144. Officers and warrant officers ineligible for membership in particular circumstances

         6. 145. Open court

         7. 146. Hearing of appeals

         8. 147. Powers of the SAC

         9. 148. Effect of substituted punishment

         10. 149. Making of, and appeals from, decisions of the SAC

         11. 150. Privileges of witnesses and others

         12. 151. SAC rules

      3. Chapter 3

         Review of Summary Findings and Punishments

         1. 152. Review of summary findings and punishments

      4. Chapter 4

         Summary Hearings etc Rules

         1. 153. Summary hearings etc rules

   7. Part 7

      Trial by Court Martial

      1. Chapter 1

         The Court Martial

         1. 154. The Court Martial

         2. 155. Constitution of the Court Martial

         3. 156. Officers and warrant officers qualified for membership of the Court Martial

         4. 157. Officers and warrant officers ineligible for membership in particular circumstances

      2. Chapter 2

         Court Martial Proceedings

         1. 158. Open court

         2. 159. Rulings and directions

         3. 160. Decisions of Court Martial: finding and sentence

         4. 161. Power of Court Martial to convict of offence other than that charged

         5. 162. Privileges of witnesses and others

         6. 163. Court Martial rules

      3. Chapter 3

         Punishments Available to Court Martial

         1. 164. Punishments available to Court Martial

         2. 165. Sentencing powers of Court Martial where election for trial by that court instead of CO

      4. Chapter 4

         Findings of Unfitness to Stand Trial and Insanity

         1. 166. Fitness to stand trial

         2. 167. Finding that defendant did the act or made the omission charged

         3. 168. Findings of insanity

         4. 169. Powers where person unfit to stand trial or not guilty by reason of insanity

         5. 170. Service supervision orders

         6. 171. Remission for trial

         7. 172. Provision supplementary to sections 166 and 168

   8. Part 8

      Sentencing Powers and Mandatory etc Sentences

      1. Chapter 1

         Definition etc of Certain Sentences

         1. Service supervision and punishment orders

            1. 173. Service supervision and punishment orders

            2. 174. Review of service supervision and punishment orders

         2. Service compensation orders

            1. 175. Service compensation orders

            2. 176. Service compensation orders: appeals etc

            3. 177. Review of service compensation orders

         3. Service community orders (civilians and dismissed servicemen only)

            1. 178. Service community orders

            2. 179. Periodic review etc of service community orders

            3. 180. Transfer of service community order to Scotland or Northern Ireland

            4. 181. Breach, revocation or amendment of service community order

         4. Overseas community orders (civilians only)

            1. 182. Overseas community orders

            2. 183. Overseas community orders: modifications of 2003 Act

            3. 184. Breach, revocation or amendment of overseas community order

         5. Conditional or absolute discharge (civilians only)

            1. 185. Conditional or absolute discharge

            2. 186. Commission of further offence by person conditionally discharged

            3. 187. Effect of discharge

      2. Chapter 2

         Consecutive Sentences

         1. 188. Consecutive custodial sentences

         2. 189. Consecutive sentences of service detention

      3. Chapter 3

         Suspended Sentence of Service Detention

         1. 190. Suspension of sentence of service detention

         2. 191. Activation by Court Martial of suspended sentence of service detention

         3. 192. Activation by Court Martial: appeals

         4. 193. Activation by CO of suspended sentence of service detention

         5. 194. Activation by CO: maximum term

         6. 195. Suspended sentences: powers of SAC

      4. Chapter 4

         Imprisonment for Term of Under 12 Months

         1. Application of provisions in the 2003 Act

            1. 196. Term of sentence etc

         2. Imprisonment with or without “custody plus” order

            1. 197. Imprisonment with or without a custody plus order

            2. 198. Transfer to Scotland or Northern Ireland of custody plus order

            3. 199. Revocation and amendment of custody plus orders

         3. Suspended sentences of imprisonment

            1. 200. Suspended sentence orders with or without community requirements

            2. 201. Order without community requirements: provisions not applying

            3. 202. Order with community requirements: disapplication of certain provisions

            4. 203. Review of order with community requirements

            5. 204. Transfer to Scotland or Northern Ireland of order with community requirements

            6. 205. Amendment of order with community requirements

            7. 206. Suspended sentence: further conviction or breach of community requirement

         4. Supplementary

            1. 207. Definitions for purposes of Chapter

      5. Chapter 5

         Young Offenders: Custodial Sentences Available to Service Courts

         1. Prohibition on imposing imprisonment on persons under 18

            1. 208. Prohibition on imposing imprisonment on persons under 18

         2. Detention for certain serious offences

            1. 209. Offenders under 18 convicted of certain serious offences: power to detain for specified period

            2. 210. Detention under section 209: place of detention etc

         3. Detention and training orders

            1. 211. Offenders under 18: detention and training orders

            2. 212. Term of detention and training order: general

            3. 213. Application of provisions relating to civilian detention and training orders

            4. 214. Offences during currency of detention and training order

            5. 215. Section 214: definitions etc

            6. 216. Appeals against orders under section 214

      6. Chapter 6

         Mandatory etc Custodial Sentences for Certain Offences

         1. Mandatory sentences

            1. 217. Mandatory life imprisonment

            2. 218. Offenders who commit murder etc when under 18: mandatory detention at Her Majesty’s pleasure

         2. Required sentences

            1. 219. Dangerous offenders aged 18 or over

            2. 220. Certain violent or sexual offences: offenders aged 18 or over

            3. 221. Dangerous offenders aged under 18

            4. 222. Offenders aged under 18: certain violent or sexual offences

            5. 223. “The required opinion” for purposes of sections 219 to 222

            6. 224. Place of detention under certain sentences

            7. 225. Third drug trafficking offence

            8. 226. Third domestic burglary

            9. 227. Firearms offences

            10. 228. Appeals where previous convictions set aside

      7. Chapter 7

         Court Orders Other Than Sentences

         1. Service restraining orders

            1. 229. Service restraining orders

            2. 230. Service restraining orders: supplementary

            3. 231. Service restraining orders: appeals

            4. 232. Service restraining orders: variation and revocation

         2. Order for parent or guardian to enter into recognizance

            1. 233. Order for service parent or service guardian to enter into recognizance

            2. 234. Recognizances and fines under section 233: further provision

            3. 235. Recognizances: appeals, variation and revocation

            4. 236. Forfeiture of recognizance

   9. Part 9

      Sentencing: Principles and Procedures

      1. Chapter 1

         Principles and Procedures applying to Service Courts and Summary Hearings

         1. General sentencing principles

            1. 237. Duty to have regard to purposes of sentencing etc

            2. 238. Deciding the seriousness of an offence

            3. 239. Reduction in sentences for guilty pleas

            4. 240. Increase in sentence for racial or religious aggravation

            5. 241. Increase in sentence for aggravation related to disability or sexual orientation

         2. Service detention and custodial sentences

            1. 242. Service detention: general restriction

            2. 243. Length of term of service detention: general provision

            3. 244. Limit on combined term of sentences of service detention

            4. 245. Section 244: supplementary

            5. 246. Crediting of time in service custody: terms of imprisonment and detention

            6. 247. Crediting of time in service custody: supplementary

         3. Forfeiture of seniority and reduction in rank

            1. 248. Forfeiture of seniority and reduction in rank or disrating: general restriction

         4. Financial punishments

            1. 249. Fixing of fines

            2. 250. Determination of service compensation order

            3. 251. Power to allow payment of fine or service compensation order by instalments

         5. Reasons

            1. 252. Duty to give reasons and explain sentence

            2. 253. Duties in complying with section 252

         6. Savings

            1. 254. Savings for powers to mitigate sentence etc

      2. Chapter 2

         Principles and Procedures applying to Service Courts Only

         1. General

            1. 255. Individual sentence for each offence

            2. 256. Pre-sentence reports

            3. 257. Pre-sentence reports: supplementary

            4. 258. Mentally disordered offenders: requirement for medical report

            5. 259. Sentencing guidelines

         2. Custodial sentences and service detention

            1. 260. Discretionary custodial sentences: general restrictions

            2. 261. Length of discretionary custodial sentences: general provision

            3. 262. Power to recommend licence conditions

            4. 263. Restriction on imposing custodial sentence or service detention on unrepresented offender

            5. 264. Effect of duties to pass custodial sentences on other powers of punishment

         3. Dismissal

            1. 265. Dismissal: general restrictions

         4. Financial punishments

            1. 266. Financial statement orders

            2. 267. Power of court to remit fine

            3. 268. Order for service parent or service guardian to pay fine or compensation

            4. 269. Fixing of fine or compensation to be paid by parent or guardian

         5. Community punishments

            1. 270. Community punishments: general restrictions etc

      3. Chapter 3

         Supplementary

         1. 271. Civilian courts dealing with service offences

   10. Part 10

       Court Martial Decisions: Appeals and Review

       1. Chapter 1

          Appeals from Court Martial

          1. 272. Appeals to the Court Martial Appeal Court

       2. Chapter 2

          Review of Court Martial Sentence

          1. 273. Review of unduly lenient sentence by Court Martial Appeal Court

          2. 274. Reference of point of law to Supreme Court

          3. 275. Power to make supplementary provision about review of sentence

       3. Chapter 3

          Compensation for Miscarriages of Justice

          1. 276. Compensation for miscarriages of justice

   11. Part 11

       The Service Civilian Court

       1. The Service Civilian Court: court and proceedings

          1. 277. The Service Civilian Court

          2. 278. Constitution and proceedings of the Service Civilian Court

          3. 279. Court must consider whether trial by Court Martial more appropriate

          4. 280. Right to elect trial by Court Martial instead of by SCC

          5. 281. Power of SCC to convict of offence other than that charged

       2. Punishments available to Service Civilian Court

          1. 282. Punishments available to Service Civilian Court

          2. 283. Imprisonment: maximum term

          3. 284. Fines and compensation orders: maximum amounts

       3. Appeals from Service Civilian Court

          1. 285. Right of appeal from SCC

          2. 286. Hearing of appeals from SCC

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

       4. SCC rules

          1. 288. SCC rules

   12. Part 12

       Service and Effect of Certain Sentences

       1. Commencement of sentence

          1. 289. Commencement of sentences of the Court Martial and Service Civilian Court

          2. 290. Commencement of term of service detention awarded by CO

          3. 291. Commencement of consecutive term of service detention awarded by CO

          4. 292. Commencement of suspended sentence activated by CO

       2. Effect of custodial sentence or detention on rank or rate

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

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

       3. Effect of dismissal

          1. 295. Effect of sentence of dismissal

       4. Service of sentence

          1. 296. Service detention

          2. 297. Detention in service custody following passing of custodial sentence etc

          3. 298. Removal to England and Wales following passing of custodial sentence etc

          4. 299. Duty to receive prisoners

          5. 300.