Armed Forces Act 2011
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After section 343 of AFA 2006 insert—
After section 115 of AFA 2006 insert—
After section 321 of AFA 2006 insert—
After section 365 of AFA 2006 insert—
In section 3A of the Ministry of Defence Police Act 1987 (regulations relating to disciplinary matters), in each of subsections (1)(a) and (1A) after “conduct” insert “ , efficiency and effectiveness ”.
For section 83 of AFA 2006 (power of judge advocate to authorise entry and search) substitute—
Section 86 of AFA 2006 (power to make provision about access to excluded material etc) is amended as follows.
For subsections (1) and (2) substitute—
For subsection (4) substitute—
In section 20 of AFA 2006 (unfitness or misconduct through alcohol or drugs), after subsection (1) insert—
After section 20 of AFA 2006 insert—
After section 93 of AFA 2006 insert—
In consequence of the provision made by subsection (1), sections 306 and 307 of AFA 2006 (testing for alcohol and drugs after serious incident) are repealed.
In section 132 of AFA 2006 (punishments available to commanding officer)—
in row 1 of the Table, in paragraph (c) of the entry in the third column, after “air forces” insert “ (but see subsection (1A)) ”;
after subsection (1) insert—
In section 135 of AFA 2006 (reduction in rank: limits on powers), for subsection (3) substitute—
In section 138 of AFA 2006 (prohibited combinations of punishments), for subsections (2) and (3) substitute—
Omit section 293 of AFA 2006 (automatic reduction of rank or rate of warrant officer or non-commissioned officer given custodial sentence or sentence of service detention).
The repeal of section 293 of AFA 2006 by subsection (2) does not affect any reduction in rank or disrating that occurred by virtue of that section before the commencement of that repeal.
For section 165 of AFA 2006 substitute—
After Schedule 3 to AFA 2006 insert the Schedule set out in Schedule 1.
In section 305(5) of AFA 2006 (limit on term of imprisonment or detention for an offence under that section), omit the words “or service detention”.
In section 95 of the Reserve Forces Act 1996 (offences against orders and regulations under section 4)—
in subsection (2)(a)(ii) omit the words “or service detention”;
after subsection (2A) insert—
After section 269 of AFA 2006 insert—
In section 322(3) of AFA 2006 (financial penalty enforcement orders), after paragraph (a) insert—.
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After section 232 of AFA 2006 insert—
In section 108 of the Sexual Offences Act 2003 (variation, renewal or discharge of sexual offences prevention order), after subsection (8) insert—
In section 277 of AFA 2006 (Service Civilian Court), for subsection (2) substitute—
In section 332 of AFA 2006 (restriction on administrative reduction in rank or rate), for subsections (1) to (4) substitute—
For the heading to that section, substitute “ Administrative reduction in rank or rate ”.
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In section 335 of AFA 2006 (service complaints: role of Defence Council and service complaint panels)—
in subsection (1), after “may,” insert “in the case of a service complaint and”;
in subsection (2), for “The delegation under subsection (1) of a function” substitute “A decision by the Defence Council to delegate under subsection (1)”;
for subsection (3) substitute—; and
in subsection (4)(b), for “function of appointing members of service complaint panels” substitute “functions”.
Section 336 of AFA 2006 (composition and procedure of service complaint panels) is amended as follows.
In subsection (1), for the words from “regulations” to the end substitute “determination under this section, or regulations under this section or section 336A, relating to independent members.”
Omit subsection (3).
After subsection (4) insert—
In subsection (6)—
for “The regulations” substitute “Regulations under subsection (5)(a)”; and
for paragraph (a) substitute—.
After section 336 of AFA 2006 insert—
In section 365 of AFA 2006 (prosecuting officers)—
in subsection (1), for “officers” (where it first occurs) substitute “ persons ”;
in subsection (2) for “An officer” substitute “ A person ”.
Schedule 15 to AFA 2006 (civilians subject to service discipline) is amended as follows.
In paragraph 4(1), for paragraph (c) substitute—
In paragraph 5(1), for paragraph (c) substitute—
In paragraph 6(1), for paragraph (b) substitute—
In paragraph 10—
in sub-paragraph (1)—
in paragraph (a), for “a relevant person outside the British Islands” substitute “ a qualifying person in a relevant country ”;
in paragraph (b), for “outside the British Islands” substitute “ in that country ”;
in sub-paragraph (2)—
for “ “relevant person”” substitute “qualifying person” ;
in paragraph (b), for “being in the British Islands” substitute “ not being in a relevant country ”;
after sub-paragraph (2) insert—
After paragraph 13 insert—
After section 371 of AFA 2006 insert—
In consequence of the provision made by subsection (1), section 56 of the Court Martial Appeals Act 1968 (modifications of that Act for protected prisoners of war) is repealed.
In section 2 of the Military Lands Act 1900 (sea byelaws)—
in subsection (2), omit paragraph (b) of the proviso;
after subsection (2) insert—;
omit subsection (3).
In section 17(1) of the Military Lands Act 1892 (notice of byelaws), for the words from “necessary” to the end substitute “ appropriate ”.
After section 9 of the Visiting Forces Act 1952 insert—
Schedule 2 (which makes provision enabling judge advocates to sit in the Crown Court and magistrates' courts) has effect.
The Naval Medical Compassionate Fund Act 1915 ceases to have effect.
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Schedule 3 (minor amendments of service legislation) has effect.
Schedule 4 (consequential amendments) has effect.
Schedule 5 (repeals and revocations) has effect.
In this Act “AFA 2006” means the Armed Forces Act 2006.
This section and sections 1, 31, 33 and 34 come into force on the day on which this Act is passed.
Section 28 comes into force at the end of the period of two months beginning with the day on which this Act is passed.
The other provisions of this Act come into force on such day as the Secretary of State may by order made by statutory instrument appoint (and different days may be appointed for different purposes).
An order under this section may contain transitional, transitory and saving provision.
In particular, an order under this section may make provision, in connection with the coming into force of any provision of this Act (“the provision in question”), about the operation of Schedule 3A to AFA 2006 where an election for Court Martial trial was made before the commencement of the provision in question.
Her Majesty may by Order in Council provide for any of the provisions of this Act, except section 25, to extend to a territory mentioned in subsection (2) with or without modifications.
Those territories are—
any of the Channel Islands;
the Isle of Man;
any of the British overseas territories.
The provisions that may be extended under subsection (1) of section 15 of the Visiting Forces Act 1952 to a territory specified in subsection (3) of that section include—
section 9A of that Act (inserted by section 25 of this Act); and
any Order in Council which—
is made under section 1(2) of that Act in relation to section 9A of that Act; and
is in force at the coming into operation of any Order in Council made under section 15(1) of that Act which extends section 9A.
This Act may be cited as the Armed Forces Act 2011.
Section 14
Section 26
Section 8 of the Senior Courts Act 1981 (persons who may exercise the jurisdiction of the Crown Court) is amended as follows. In subsection (1)(b), for “, Recorder or District Judge (Magistrates' Courts)” substitute “, Recorder, qualifying judge advocate or District Judge (Magistrates' Courts)”. In subsection (1)(c), for “or Recorder” substitute “ , Recorder or qualifying judge advocate ”. After subsection (1) insert— In subsection (3), for “, Circuit judge, Recorder or District Judge (Magistrates' Courts)” substitute “, Circuit judge, Recorder, qualifying judge advocate or District Judge (Magistrates' Courts)”. After subsection (3) insert—
In section 73(2) and (3) of that Act (general provisions relating to Crown Court proceedings), for “or Recorder” (wherever it occurs) substitute “ , Recorder or qualifying judge advocate ”.
In section 74 of that Act (Crown Court proceedings on appeals)—
in subsection (1), after “Recorder” insert “ or a qualifying judge advocate ”; and
in subsection (3), for “or Recorder,” substitute “ , Recorder or qualifying judge advocate, ”.
In section 75(1) of that Act (allocation of cases and distribution of cases in Crown Court), for “, Circuit judge, Recorder or District Judge (Magistrates' Courts)” substitute “, Circuit judge, Recorder, qualifying judge advocate or District Judge (Magistrates' Courts)”.
“qualifying judge advocate” means—
In section 66 of the Courts Act 2003 (judges having powers of District Judges (Magistrates' Courts))—
after subsection (2) insert—; and
after subsection (4) insert—
In section 9(5) of the Criminal Justice Act 1967 (application for court attendance of person who has provided a written statement), after paragraph (d) insert—; but this paragraph is subject to paragraph 8.
This paragraph applies if the amendment made to section 9(5) of the Criminal Justice Act 1967 by paragraph 1 of Schedule 4 to the Courts Act 2003 has not come into force before the commencement of paragraph 1 of this Schedule. Until the coming into force of that amendment— The words from “by a puisne judge” to the end become paragraph (a). After paragraph (a) insert; or
In section 9B(3) of the Juries Act 1974 (judges who may determine whether juror to be discharged on account of disability)— but this is subject to paragraph 10.
omit the “or” at the end of paragraph (c); and
after paragraph (d) insert, or ;
In section 90(6) of AFA 2006 (powers of arrest to which section applies), for “or 111,” substitute “ , 111 or 303, ”.
This paragraph applies if the amendment made to section 9B(3) of the Juries Act 1974 by paragraph 3 of Schedule 4 to the Courts Act 2003 has not come into force before the commencement of paragraph 1 of this Schedule. Until the coming into force of that amendment— The words from “any judge” to the end become paragraph (a). After paragraph (a) insert, or
Schedule 1 to the Police and Criminal Evidence Act 1984 (access to excluded or special procedure material) is amended as follows. In paragraph 17 (as amended by section 114(1) and (9) of the Serious Organised Crime and Police Act 2005), after “a Recorder” insert “ , a qualifying judge advocate (within the meaning of the Senior Courts Act 1981) ”.
In section 270 of AFA 2006 (general restrictions on community punishments), for subsections (7) and (8) substitute— After that section insert— In consequence of the amendments made by this paragraph, paragraphs 26(3) and (4) and 27 of Schedule 25 to the Criminal Justice and Immigration Act 2008 (which amend AFA 2006 but have not been commenced) are omitted.
In section 380 of AFA 2006 (power to make transitional provision in connection with the coming into force of that Act), after subsection (8) insert—
In section 216(13) of the Extradition Act 2003 (definition of “service policeman”), for the words from “means” to the end substitute “ has the meaning given by section 375(1) of the Armed Forces Act 2006 ”.
Section 29
“service policeman” has the meaning given by section 375(1) of the Armed Forces Act 2006.
Section 125 of AFA 2006 (powers of Director of Service Prosecutions in respect of charge allocated for Court Martial trial) is amended as follows. In subsection (3)— Omit subsection (4).
In section 200(5) of AFA 2006 (suspended sentences of imprisonment), in paragraph (b) of the words treated as substituted, for “ in the British Islands ” substitute “under the law of any part of the British Islands”.
period when the person is unlawfully at large” means (subject to any rules made by virtue of section 300(2)(g))—
Schedule 7 to AFA 2006 (suspended prison sentence: further conviction etc) is amended as follows. Paragraph 6 becomes sub-paragraph (1) of that paragraph. In paragraph (a) of that sub-paragraph, for “an offence in the British Islands” substitute “ an offence under the law of any part of the British Islands ”. After that sub-paragraph insert—
In section 67(2) of AFA 2006 (persons who may arrest an officer), for paragraph (c) substitute—
In section 116 of AFA 2006 (referral of case following investigation by service or civilian police), for subsection (4) substitute— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In each of sections 190(1)(a), 191(2)(b) and 193(2)(b) of AFA 2006 (circumstances where suspended sentence may be activated), for “an offence in the British Islands” substitute “ an offence under the law of any part of the British Islands ”.
Section 194 of AFA 2006 (limits on commanding officer's powers to activate suspended sentence) is amended as follows. In subsection (4) for “before the relevant time” substitute “ within the relevant time (defined by section 194A) ”. Omit subsection (6).
After section 194 of AFA 2006 insert—
Section 96 of AFA 2006 (definition of “service living accommodation” etc for purposes of Part 3) is amended as follows. In subsection (1), in each of paragraphs (a), (b) and (c) for “subject to service law” substitute “ within subsection (1A) ”. After subsection (1) insert—
In section 129 of AFA 2006 (right to elect Court Martial trial), for subsection (4) substitute—
In section 130(3) of AFA 2006 (consequences of election for Court Martial trial), for “if the charge is amended after referral.” substitute—
After section 130 of AFA 2006 insert—
In each of sections 133(3), 134(2) and 135(5) of AFA 2006 (obtaining extended powers of punishment), for “before the summary hearing of the charge or charges” substitute “ within the relevant time (defined by section 135A) ”.
In section 213 of AFA 2006 (application to service detention and training orders of provisions relating to civilian orders)—
in the second paragraph of subsection (1), after “105,” insert “ 106(4) to (6), ”;
in subsection (2), after “(13)” insert “ , 106(6) ”.
Omit section 375(5) of AFA 2006 (Provost Marshal and other officers to be taken to be members of appropriate service police force).
Section 50(2) of AFA 2006 (definition of “service offence”) is amended as follows. After paragraph (a) insert—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For paragraph (e) substitute—.
After section 135 of AFA 2006 insert—
In section 214(2)(b) of AFA 2006 (offences during currency of detention and training order), for “an offence in the British Islands” substitute “ an offence under the law of any part of the British Islands ”.
Section 53(1) of AFA 2006 (offences that may be dealt with at a summary hearing) is amended as follows. After paragraph (g) insert—. For paragraph (i) substitute—.
In section 136 of AFA 2006 (maximum amount of fine), for subsections (1) to (3) substitute—
In section 58 of AFA 2006 (time limit for charging civilian formerly subject to service discipline)—
in subsection (5)(a), after sub-paragraph (i) insert—;
in subsection (7), after paragraph (a) insert—;
after subsection (7) insert—
In section 153(2) of AFA 2006 (powers to make rules relating to summary hearings etc), in each of paragraphs (d) and (e) after “applications for” insert “ , and grants of, ”.
In section 87(1) of AFA 2006 (power of CO to authorise entry and search by service policeman), for paragraphs (a) and (b) substitute—
In section 88(1) of AFA 2006 (power of CO to authorise entry and search by person other than service policeman), for paragraphs (a) and (b) substitute—
Section 97 of AFA 2006 (power to use reasonable force) becomes subsection (1) of that section. After that subsection insert—
In section 164(3) of AFA 2006 (provisions to which section 164 is subject)—
omit the entry relating to section 165 of the Act;
omit the “and” after the entry relating to Chapters 4 to 6 of Part 8; and
Schedule 3A (offender elected Court Martial trial).
In Part 13 of AFA 2006, for the heading to Chapter 1 substitute— “ RANDOM DRUG TESTING ”.
In section 305 of AFA 2006 (testing for drugs)—
for the heading substitute “ Random drug testing ”;
in subsection (2)(b) omit the words from “or an investigation” to the end.
Section 308 of AFA 2006 (provisions supplementary to sections 305 and 306) is amended as follows. In the heading, for “Sections 305 and 306” substitute “ Section 305 ”. In subsection (1)— Omit subsection (2). In subsection (3), omit “or section 306(2)”. In subsection (4), before paragraph (a) insert—.
In section 325(1) of AFA 2006 (evidential burden as respects excuses)—
after “41,” insert “ 93A, 93E, 93G, ”;
for “266 and 306” substitute “ 232G and 266 ”.
Section 373 of AFA 2006 (orders, regulations and rules) is amended as follows. In subsection (2)— In subsection (3)(d)— In subsection (3)(g), after “section” insert “ 232F or ”.
Omit section 380(9) of AFA 2006.
Section 30
In section 184(3) of the Road Traffic Act 1988 (definitions relating to persons subject to service discipline), for paragraph (a) of the definition of “member of the provost staff” substitute—.
Section 30 Reference Extent of repeal or revocation Military Lands Act 1900 (c. 56) In section 2— in subsection (2), paragraph (b) of the proviso; subsection (3). Naval Medical Compassionate Fund Act 1915 (c. 28) The whole Act. Defence (Transfer of Functions) (No 1) Order 1964 (S.I. 1964/488) In Part I of the First Schedule, the entry relating to the Naval Medical Compassionate Fund Act 1915. Court Martial Appeals Act 1968 (c. 20) Section 56. Juries Act 1974 (c. 23) In section 9B(3), the “or” at the end of paragraph (c). Reserve Forces Act 1996 (c. 14) In section 95(2)(a)(ii) the words “or service detention”. Courts Act 2003 (c. 39) Section 65(1). In Schedule 8, paragraphs 259(3) and 261. Civil Partnership Act 2004 (c. 33) In Schedule 26, paragraph 8. Armed Forces Act 2006 (c. 52) In section 125— in subsection (3), paragraph (c) and the “or” preceding it; subsection (4). In section 164(3), the entry relating to section 165 and the “and” at the end of the entry relating to Chapters 4 to 6 of Part 8. Section 194(6). Section 293. In section 305— in subsection (2)(b), the words from “or an investigation” to the end; in subsection (5), the words “or service detention”. Sections 306 and 307. In section 308— in subsection (1), paragraph (b), and in paragraphs (c) and (d) the words “or 306(2)”; subsection (2); in subsection (3), the words “or section 306(2)”. Section 336(3). Section 375(5). Section 380(9). In Schedule 8, paragraph 50. Criminal Justice and Immigration Act 2008 (c. 4) In Schedule 25, paragraphs 26(3) and (4) and 27. Naval Medical Compassionate Fund Order 2008 (S.I. 2008/3129) The whole Order. Coroners and Justice Act 2009 (c. 25) In Schedule 17, paragraph 9. In Part 5 of Schedule 23, the entry relating to section 270B of the Armed Forces Act 2006. The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041) Part 20.