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Section 378
1 In section 2 of the Metropolitan Police Act 1860 (swearing of constables to act on military land etc), for “subject to naval or marine or military or air force discipline” substitute “who are subject to service law, or are civilians subject to service discipline, within the meaning of the Armed Forces Act 2006”.
2 In section 3 of the Naval and Marine Pay and Pensions Act 1865 (payment of naval and marine pay and pensions according to Order in Council) for the words from “pay” to “thereof” substitute “pensions and grants”.
3 In section 9 of that Act (Order in Council not to contain provision inconsistent with Naval Discipline Act), for the words from “pay” to the end substitute “pensions contained in the Armed Forces Act 2006.”
4 In section 2 of the Naval Pensions Act 1884 (application of certain enactments to Greenwich Hospital pensions), for “or section 128G of the Naval Discipline Act 1957” substitute “or section 356 of the Armed Forces Act 2006”.
5 In section 22 of the Foreign Marriage Act 1892 (marriages abroad by members of armed forces etc)—
(a) in subsection (1A)—
(i) in paragraph (a)(i) for the words from “employed” to the end substitute “a relevant civilian who is employed in that territory; or”;
(ii) in paragraph (b) for “so prescribed” substitute “prescribed by Order in Council”;
(b) after that subsection insert—
“(1AA) In subsection (1A)(a)(i) “relevant civilian” means a civilian subject to service discipline (within the meaning of the Armed Forces Act 2006) of a description prescribed by Order in Council.”
6 In the Regimental Debts Act 1893, for the words “military law”, in each place, substitute “service law”.
7 In section 23 of that Act (application of Act to deserters etc), omit the words “is sentenced to death or”.
8 In section 29 of that Act (definitions)—
(a) in the definition of “desert” for the words from “against paragraph (a)” to the end substitute “under section 8 of the Armed Forces Act 2006;”;
(b) for the words after that definition substitute—
““Subject to service law” has the same meaning as in the Armed Forces Act 2006.”
9 After that section insert—
(1) Regulations may provide that any provision of this Act does not apply, or applies with prescribed modifications, in relation to a relevant person.
(2) In this section “relevant person” means a person subject to service law who is not a member of Her Majesty’s military forces.”
10 In section 33 of that Act (short title) for “Regimental Debts Act 1893” substitute “Debts (Deceased Servicemen etc) Act 1893”.
11 In section 4 of the Uniforms Act 1894 (interpretation)—
(a) in the definition of “Her Majesty’s Military Forces”, for “Army Act 1955” substitute “Armed Forces Act 2006”;
(b) for the definition of “Her Majesty’s Naval Forces” substitute—
““Her Majesty’s Naval Forces” does not include any Commonwealth force.”
12 (1) Section 6 of the Criminal Evidence Act 1898 (application of Act) is amended as follows.
(2) In subsection (1) omit the words from “including” to the end.
(3) After that subsection insert—
“(1A) This Act applies in relation to service proceedings as it applies in relation to criminal proceedings before a court in England and Wales.
(1B) In this section “service proceedings” means proceedings before a court (other than a civilian court) in respect of a service offence; and “service offence” and “civilian court” here have the same meanings as in the Armed Forces Act 2006.”
13 In section 2(1) of the Air Force (Constitution) Act 1917 (government, discipline and pay of the Royal Air Force)—
(a) omit “, pay, allowances,”;
(b) after “Air Force”, in the second place where it occurs, insert “(except pay and allowances)”.
14 (1) Section 4 of the Visiting Forces (British Commonwealth) Act 1933 (attached personnel) is amended as follows.
(2) In subsection (2)(ii), for the words from the beginning to “may” substitute “may, with his consent,”.
(3) In subsection (3)—
(a) for the words before the proviso substitute—
“(3) While a member of another force is by virtue of this section attached temporarily to a home force—
(a) he is subject to service law for the purposes of the Armed Forces Act 2006 at all times at which he would be so subject if he were a member of that force; and
(b) he shall be treated as if he were a member of the home force of relative rank:”;
(b) in the proviso, for the words from “the Naval Discipline Act” to “as the case may be,” substitute “the Armed Forces Act 2006”.
15 In Regulation 6 of the Defence (Armed Forces) Regulations 1939—
(a) for “the Naval Discipline Act, military law or air-force law” substitute “service law within the meaning of the Armed Forces Act 2006”;
(b) omit the words from “within the meaning of” to the end;
and the text of the Regulation set out in Part C of Schedule 2 to the Emergency Laws (Repeal) Act 1959 (c. 19) is amended accordingly.
16 In section 29 of the Courts-Martial (Appeal) Act 1951 (appointment of Judge Advocate General) for “His Majesty’s regular, auxiliary and reserve land and air forces” substitute “Her Majesty’s regular and reserve naval, land and air forces”.
17 In section 43 of the Prison Act 1952 (young offender institutions etc), after subsection (7) add—
“(8) The application of this Act to a person on whom a custodial sentence (within the meaning of the Armed Forces Act 2006) has been passed in respect of a service offence (within the meaning of that Act) is not affected by the omission from subsection (1) of a reference to that sentence.”
18 (1) Section 13 of the Visiting Forces Act 1952 (apprehension etc of deserters and absentees of visiting forces) is amended as follows.
(2) In subsection (1)—
(a) for the words from “sections one hundred and eighty-six” to “regular forces)” substitute “sections 314 to 317 of the Armed Forces Act 2006 (which relate to the apprehension and transfer to service custody of deserters and absentees without leave who are subject to service law)”;
(b) for “from the regular forces” substitute “who are subject to service law”.
(3) In subsection (2) for the words from “the said sections” to “eighty-eight” substitute “sections 314 and 315 of that Act”.
(4) For subsection (3) substitute—
“(3) In sections 315 to 317 of that Act as applied by subsection (1) above—
(a) references to the transfer of a person to service custody are to be read as references to the handing over of that person to such authority of the country to which he belongs, at such place in the United Kingdom, as may be designated by the appropriate authority of that country;
(b) references to the taking of a person into service custody are to be read as references to the taking of a person into the custody of such authority of the country to which he belongs as may be designated by the appropriate authority of that country.”
19 In section 14 of that Act (evidence for purposes of section 13) for “Army Act 1955” substitute “Armed Forces Act 2006”.
20 After section 91 of the Army Act 1955 insert—
(1) Subsections (2) to (4) apply in relation to a charge against a person (“the accused”) preferred by the prosecuting authority.
(2) The accused shall be arraigned at a hearing before a judge advocate.
(3) That hearing may take place at any time before the time when the court-martial that is to try the charge first sits.
(4) The arraignment is to be treated as having occurred before the court-martial.
(5) Rules under section 103 may make provision for and in connection with the making of orders and rulings by a judge advocate at a hearing at which the accused is arraigned, including in particular—
(a) provision corresponding to any provision of, or that may be made by virtue of, sections 31, 33, 34 and 37 of the Criminal Procedure and Investigations Act 1996, subject to such modifications as the Secretary of State considers appropriate;
(b) provision for the variation or discharge of such orders and rulings.
(6) The reference in subsection (1) to a charge preferred by the prosecuting authority includes—
(a) a charge substituted by the prosecuting authority; and
(b) where a charge is amended by the prosecuting authority before the accused is arraigned in respect of it, the charge as so amended.
(7) Nothing in this section applies in relation to a charge preferred or substituted after the time when the court-martial first sits.”
21 (1) Section 103 of that Act (rules) is amended as follows.
(2) In subsection (2)—
(a) after paragraph (b) insert—
“(ba) appeals against orders or rulings made in preliminary proceedings;”;
(b) after paragraph (mm) insert—
“(mn) appeals against any orders (including directions) of courts-martial prohibiting or restricting the publication of any matter or excluding the public from any proceedings;”.
(3) After subsection (2) insert—
“(2A) In subsection (2)(a), (b) and (ba), the references to proceedings preliminary to trials include hearings at which the accused is arraigned.
(2B) Rules made by virtue of subsection (2)(ba) or (mn) may confer jurisdiction on the Courts-Martial Appeal Court, and rules under section 49 of the Courts-Martial (Appeals) Act 1968 may make provision about the powers of that court in relation to appeals made by virtue of subsection (2)(ba) or (mn).”
22 In section 120 of that Act (suspension of sentences), after subsection (7) insert—
“(7A) Subsection (5) does not apply if the person was tried by court-martial for the fresh offence in pursuance of an election for court-martial trial.”
23 After section 91 of the Air Force Act 1955 insert—
(1) Subsections (2) to (4) apply in relation to a charge against a person (“the accused”) preferred by the prosecuting authority.
(2) The accused shall be arraigned at a hearing before a judge advocate.
(3) That hearing may take place at any time before the time when the court-martial that is to try the charge first sits.
(4) The arraignment is to be treated as having occurred before the court-martial.
(5) Rules under section 103 may make provision for and in connection with the making of orders and rulings by a judge advocate at a hearing at which the accused is arraigned, including in particular—
(a) provision corresponding to any provision of, or that may be made by virtue of, sections 31, 33, 34 and 37 of the Criminal Procedure and Investigations Act 1996, subject to such modifications as the Secretary of State considers appropriate;
(b) provision for the variation or discharge of such orders and rulings.
(6) The reference in subsection (1) to a charge preferred by the prosecuting authority includes—
(a) a charge substituted by the prosecuting authority; and
(b) where a charge is amended by the prosecuting authority before the accused is arraigned in respect of it, the charge as so amended.
(7) Nothing in this section applies in relation to a charge preferred or substituted after the time when the court-martial first sits.”
24 (1) Section 103 of that Act (rules) is amended as follows.
(2) In subsection (2)—
(a) after paragraph (b) insert—
“(ba) appeals against orders or rulings made in preliminary proceedings;”;
(b) after paragraph (mm) insert—
“(mn) appeals against any orders (including directions) of courts-martial prohibiting or restricting the publication of any matter or excluding the public from any proceedings;”.
(3) After subsection (2) insert—
“(2A) In subsection (2)(a), (b) and (ba), the references to proceedings preliminary to trials include hearings at which the accused is arraigned.
(2B) Rules made by virtue of subsection (2)(ba) or (mn) may confer jurisdiction on the Courts-Martial Appeal Court, and rules under section 49 of the Courts-Martial (Appeals) Act 1968 may make provision about the powers of that court in relation to appeals made by virtue of subsection (2)(ba) or (mn).”
25 In section 120 of that Act (suspension of sentences), after subsection (7) insert—
“(7A) Subsection (5) does not apply if the person was tried by court-martial for the fresh offence in pursuance of an election for court-martial trial.”
26 In section 47M of the Naval Discipline Act 1957 (judicial officers), for “Judge Advocate of Her Majesty’s Fleet”, in both places, substitute “Judge Advocate General”.
27 In section 52C(4) of that Act (powers of higher authority), for “of the accused” substitute “or appropriate superior authority”.
28 (1) Section 52D of that Act (summary trial) is amended as follows.
(2) For subsections (2) and (2ZA) substitute—
“(2) The commanding officer or appropriate superior authority (as the case may be) shall afford the accused the opportunity of electing court-martial trial.”
(3) In subsection (4) for paragraph (b) substitute—
“(b) if the accused is an officer below the rank of captain whose commanding officer satisfies the conditions in section 52B(6A)(a) and (b), refer the charge back to the commanding officer of the accused;
(c) if the accused is an officer other than one within paragraph (b) above, refer the charge back to the appropriate superior authority;”.
(4) In subsection (4A) for “Subsections (2) and (2ZA) above do not” substitute “Subsection (2) above does not”.
(5) In subsection (4C) for “subsection (2) or (2ZA) above” substitute “subsection (2) above”.
29 In section 52FG(1) of that Act (judge advocates of the summary appeal court), for “Judge Advocate of Her Majesty’s Fleet” substitute “Judge Advocate General”.
30 In section 52FJ(3) of that Act (constitution of summary appeal court), for “Judge Advocate of Her Majesty’s Fleet” substitute “Judge Advocate General”.
31 In section 53B(1) of that Act (judge advocate of a court-martial), for “Judge Advocate of Her Majesty’s Fleet” substitute “Judge Advocate General”.
32 In section 53C(2) of that Act (ordering of courts martial), for “Judge Advocate of Her Majesty’s Fleet” substitute “Judge Advocate General”.
33 (1) Section 58 of that Act (rules) is amended as follows.
(2) In subsection (2)—
(a) after paragraph (b) insert—
“(ba) appeals against orders or rulings made in preliminary proceedings;”;
(b) after paragraph (nn) insert—
“(no) appeals against any orders (including directions) of courts-martial prohibiting or restricting the publication of any matter or excluding the public from any proceedings;”.
(3) After subsection (2) insert—
“(2A) In subsection (2)(a), (b) and (ba), the references to proceedings preliminary to trials include hearings at which the accused is arraigned.
(2B) Rules made by virtue of subsection (2)(ba) or (no) may confer jurisdiction on the Courts-Martial Appeal Court, and rules under section 49 of the Courts-Martial (Appeals) Act 1968 may make provision about the powers of that court in relation to appeals made by virtue of subsection (2)(ba) or (no).”
34 After section 58 of that Act insert—
(1) Subsections (2) to (4) apply in relation to a charge against a person (“the accused”) preferred by the prosecuting authority.
(2) The accused shall be arraigned at a hearing before a judge advocate.
(3) That hearing may take place at any time before the time when the court-martial that is to try the charge first sits.
(4) The arraignment is to be treated as having occurred before the court-martial.
(5) Rules under section 58 may make provision for and in connection with the making of orders and rulings by a judge advocate at a hearing at which the accused is arraigned, including in particular—
(a) provision corresponding to any provision of, or that may be made by virtue of, sections 31, 33, 34 and 37 of the Criminal Procedure and Investigations Act 1996, subject to such modifications as the Secretary of State considers appropriate;
(b) provision for the variation or discharge of such orders and rulings.
(6) The reference in subsection (1) to a charge preferred by the prosecuting authority includes—
(a) a charge substituted by the prosecuting authority; and
(b) where a charge is amended by the prosecuting authority before the accused is arraigned in respect of it, the charge as so amended.
(7) Nothing in this section applies in relation to a charge preferred or substituted after the time when the court-martial first sits.”
35 In section 59(4A) of that Act (challenge by accused), for “Judge Advocate of Her Majesty’s Fleet” substitute “Judge Advocate General”.
36 In section 63A(5)(b) of that Act (powers to deal with person unfit to stand trial etc), for “Judge Advocate of Her Majesty’s Fleet” substitute “Judge Advocate General”.
37 In section 64 of that Act (summoning of witnesses)—
(a) omit subsection (1);
(b) in subsection (2) for “notice under this section” substitute “summons issued in accordance with rules under section 58”.
38 In section 73 of that Act (saving for functions of JAF), including in the sidenote to that section, for “Judge Advocate of Her Majesty’s Fleet” substitute “Judge Advocate General”.
39 (1) Section 1 of the Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (records of births, marriages and deaths among armed forces etc overseas) is amended as follows.
(2) In subsection (1)—
(a) omit the words “, or among the families of”;
(b) for paragraph (b) substitute—
“(b) civilians subject to service discipline.”
(3) In subsection (3)—
(a) for the words from “, or the family” to “of this section” substitute “a civilian subject to service discipline”;
(b) for “more particular description” substitute “particular description of such civilians”.
(4) For subsection (5) substitute—
“(6) In this section “civilian subject to service discipline” has the same meaning as in the Armed Forces Act 2006.”
40 In section 2(1) of that Act (records of births and deaths in HM ships and aircraft etc)—
(a) omit paragraphs (a) and (b);
(b) in paragraph (c) for “such an aircraft” substitute “one of Her Majesty’s aircraft (as defined by paragraph 1(4) of Schedule 15 to the Armed Forces Act 2006)”.
41 In section 4 of that Act (validation of certain entries)—
(a) in subsection (1) for the words from “of any description” to “section one of this Act” substitute “within subsection (1A) below”;
(b) after that subsection insert—
“(1A) A person is within this subsection if—
(a) he serves Her Majesty in, or is otherwise employed in any capacity connected with, Her Majesty’s naval, military or air forces; or
(b) he belongs to or is employed by any organisation concerned with the welfare of members of those forces.”
42 In section 5(1)(b) of that Act (registration of births of legitimated persons), for the words from “a person of” to the end substitute “a civilian subject to service discipline (within the meaning of the Armed Forces Act 2006),”.
43 In Schedule 1 to the Public Records Act 1958 (definition of public records), in paragraph 4(1), after paragraph (f) insert—
“(fa) records of the Court Martial, the Summary Appeal Court or the Service Civilian Court;”.
44 In section 18 of the Coroners Act (Northern Ireland) 1959 (jury to be summoned in certain cases), after subsection (3) add—
“(4) This section and section 39(3) of the Prison Act (Northern Ireland) 1953 (prison officers etc not to be jurors) shall apply where a death occurs on service custody premises within the meaning of section 300 of the Armed Forces Act 2006 as they apply where a death occurs in prison.”
45 (1) Section 13 of the Administration of Justice Act 1960 (appeal in cases of contempt of court) is amended as follows.
(2) In subsection (2)(c) for “and from an order or decision of the Court of Criminal Appeal or the Courts-Martial Appeal Court” substitute “and from an order or decision (except one made in Scotland or Northern Ireland) of the Court Martial Appeal Court”.
(3) In subsection (5) after paragraph (c) insert—
“(d) to an order or decision (except one made in Scotland or Northern Ireland) of the Court Martial, the Summary Appeal Court or the Service Civilian Court under section 309 of the Armed Forces Act 2006,”.
46 In section 22 of the Criminal Justice Act 1961 (assisting escaped prisoners etc), for subsection (3) substitute—
“(2A) The reference in subsection (2) to a person who has been sentenced as mentioned there includes—
(a) a person on whom a custodial sentence within the meaning of the Armed Forces Act 2006 has been passed (anywhere) in respect of a service offence within the meaning of that Act;
(b) a person in respect of whom an order under section 214 of that Act (detention for commission of offence during currency of order) has been made.”
47 In section 39 of that Act (interpretation) for subsection (2) substitute—
“(2) Except as otherwise expressly provided, references in this Act to a court do not include the Court Martial, the Summary Appeal Court, the Service Civilian Court, the Court Martial Appeal Court or the Supreme Court on an appeal brought from the Court Martial Appeal Court.”
48 In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not subject to investigation)—
(a) in paragraph 6 for the words from “proceedings at any place” to “Air Force Act 1955” substitute “service law proceedings (as defined by section 324(5) of the Armed Forces Act 2006) (anywhere)”;
(b) in paragraph 7 for “Courts-Martial Appeal Court” substitute “Court Martial Appeal Court”.
49 In section 72 of the Criminal Justice Act 1967 (power to issue warrant for arrest of escaped prisoners etc) after subsection (5) add—
“(6) References in this section to offences include service offences within the meaning of the Armed Forces Act 2006.”
50 In section 104(1) of that Act (interpretation), in the definition of “court” for “a court-martial” substitute “the Court Martial, the Summary Appeal Court, the Service Civilian Court, the Court Martial Appeal Court or the Supreme Court on an appeal brought from the Court Martial Appeal Court”.
51 (1) Section 11 of the Civil Evidence Act 1968 (convictions as evidence in civil proceedings) is amended as follows.
(2) In subsection (1) for “by a court-martial there or elsewhere” substitute “of a service offence (anywhere)”.
(3) In subsection (2) for “by a court-martial there or elsewhere” substitute “of a service offence”.
(4) In subsection (5) after paragraph (a) insert—
“(aa) section 187 of the Armed Forces Act 2006 (which makes similar provision in respect of service convictions);”.
(5) For subsection (6) substitute—
“(7) In this section—
“service offence” has the same meaning as in the Armed Forces Act 2006;
“conviction” includes anything that under section 376(1) and (2) of that Act is to be treated as a conviction, and “convicted” is to be read accordingly.”
52 In section 13 of that Act (conclusiveness of convictions for purposes of defamation actions)—
(a) in subsection (3) for “by a court-martial there or elsewhere” substitute “(in the case of a service offence) a conviction (anywhere) of that service offence”;
(b) in subsection (4) for “(6)” substitute “(7)”.
53 In section 18 of that Act (general interpretation etc)—
(a) in subsection (2), in the definition of “court” for “court-martial” substitute “service court”;
(b) after that subsection insert—
“(2A) In subsection (2) “service court” means the Court Martial, the Summary Appeal Court, the Service Civilian Court, the Court Martial Appeal Court or the Supreme Court on an appeal brought from the Court Martial Appeal Court.”
54 (1) Section 7A of the Equal Pay Act 1970 (service pay and conditions) is amended as follows.
(2) In subsection (5)—
(a) in paragraph (a) for the words from “a complaint” to “those procedures” substitute “a service complaint in respect of the claim”;
(b) in paragraph (b) for “complaint” substitute “service complaint”.
Armed Forces Act 2006