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1955 c. 18 3_and_4_Eliz_2
Enlistment and Terms of Service
Recruiting officers.
The following persons may enlist recruits in the regular forces and are in this Act referred to asrecruiting officers, that is to say,—(a)
whether within or without Her Majesty’s dominions, any officer authorised under regulations of [F2 the Defence Council],
(b)
in a colony, any person authorised by the Governor of the colony,
(c)
outside Her Majesty’s dominions, any British consul-general, consul or vice-consul, and any person dulyexercising the authority of a British consul.
Words substituted by S.I. 1964/488, Sch. 1 Pt. I | |
Enlistment.
— (1) A person offering to enlist in the regular forces shall be given a notice in the prescribed form settingout the questions to be answered on attestation and stating the general conditions of the engagement to beentered into by him; and a recruiting officer shall not enlist any person in the regular forces unlesssatisfied by that person that he has been given such a notice, understands it and wishes to be enlisted.(a)
if the person offering to enlist is living with both or one of his parents, by the parents or parent;
(b)
if he is not living with both or one of his parents, but any person (whether a parent or not) whosewhereabouts are known or can after reasonable enquiry be ascertained has parental rights and powers inrespect of him, by that person;
(c)
if there is no such person as is mentioned in paragraph (b) of this subsection or if after reasonableenquiry it cannot be ascertained whether there is any such person, by any person in whose care (whether inlaw or in fact) the person offering to enlist may be.
Enlistment for general or corps service and appointment to and transfer between corps.
— (1) Recruits may, in pursuance of regulations of [F5 the Defence Council] under this Part of this Act, be enlisted for service in particular corps, but save as may be providedby such regulations recruits shall be enlisted for general service.Provided that a recruit enlisted for general service before attaining the age of eighteen years neednot be appointed to a corps until he attains that age.
Provided that except while a state of war exists between Her Majesty and any foreign power, or [F6 a call-out order under section 52 of the Reserve Forces Act 1996 is in force authorising the call out for permanent service of members of the reserve], an order under this subsection shall not be madeotherwise than by [F5 a member of the Army Board] unless the person to whom the order relates consents to the transfer.
Ss. 4–8 repealed with saving by S.I. 1967/1018, Sch. 3 Pt. I | |
Ss. 4–8 repealed with saving by S.I. 1967/1018, Sch. 3 Pt. I | |
9. — [F9 (1) This section applies to a soldier of the regular forces if, on the relevant date, a call-out order under section 52, 54 or 56 of the Reserve Forces Act 1996 is in force authorising the call out for permanent service of members of the reserve.For the purposes of this section, “the relevant date", in relation to a soldier, means the date on which he would, apart from this section, fall to be transferred to the reserve or he would be entitled to be discharged, as the case may be. (1A) A soldier to whom this section applies may be retained in army service after the relevant date in accordance with this section for such period as the competent military authority may order, and his service may be prolonged accordingly. (1B) The period for which a soldier may be retained in service after the relevant date by virtue of this section shall be limited as follows, that is to say— and a soldier who is retained in service is (if not transferred or discharged sooner) entitled to be transferred to the reserve or discharged, as the case may require, at the end of whichever of the above periods applies to him. (1C) The assumptions to be made in relation to a soldier for the purposes of subsection (1B)(a) above are that— (5) If while a soldier is being retained in army service by virtue of this section it appears to thecompetent military authority that his services can be dispensed with, he shall be entitled to be dischargedor transferred to the reserve as the case may require. (6) Where, at the time at which under the foregoing provisions of this section a soldier is entitled to bedischarged or transferred to the reserve, a state of war exists between Her Majesty and any foreign power,he may, by declaration made in the prescribed form before his commanding officer, agree to continue in armyservice while such a state of war exists; and if the competent military authority approve he may continueaccordingly as if the period for which his term of service could be prolonged under the foregoing provisionsof this section were a period continuing so long as a state of war exists: [F10 (6A) Where a soldier is retained in service by virtue of this section but would otherwise have fallen to be transferred to the reserve— (7) In relation to soldiers serving outside the United Kingdom, references in this section to being entitledto be transferred to the reserve shall be construed as references to being entitled to be sent to the UnitedKingdom with all convenient speed for the purpose of being transferred to the reserve.
(a)
a soldier who would otherwise have fallen to be transferred to the reserve may not be retained for longer than the period for which, if the assumptions mentioned in subsection (1C) below are made in relation to him, he could have been required to serve on being called out under Part VI of the Reserve Forces Act 1996; or
(b)
a soldier who would otherwise have been discharged may not be retained for longer than twelve months;
(a)
he was transferred to the reserve in time to be called out for permanent service starting on the relevant date; and
(b)
he was so called out on the authority of the call-out order which justified his retention in service.]
(a)
any period for which he is liable to serve in the reserve after the completion of his army service shall be reduced by the period for which he is so retained; and
(b)
the period for which he is so retained shall be treated as a period of relevant service for the purposes of any provision of Part IV, V, VI or VII of the Reserve Forces Act 1996.]
Provided that if it is so specified in the declaration he shall be entitled to be discharged ortransferred to the reserve, as the case may require, at the expiration of three months’ notice given by himto his commanding officer.
S. 9(1)-(1C) substituted (1.4.1997) for S. 9(1)-(4) by 1996 c. 14, s. 126, Sch. 7 para. 1(1)(2) (with s. 72(5), Sch. 7 para. 2); S.I. 1997/305, art. 2(1) | |
S. 9(6A) inserted (1.4.1997) by 1996 c. 14, s. 126, Sch. 7 para. 1(1)(3) (with s. 72(5), Sch. 7 para. 2); S.I. 1997/305, art. 2(1) | |
S. 9 extended by Reserve Forces Act 1980 (c. 9), s. 19(3); modified Reserve Foces Act 1980 (c. 9), s. 83(1)(a)(3) | |
S. 9 modified (1.1.1999) by S.I. 1998/3086, reg. 11, Sch. para. 1 | |
[F11 10. — (1) If it appears to Her Majesty that national danger is imminent or that a great emergency has arisen, Shemay by order, signified under the hand of the Secretary of State, provide that soldiers who would otherwisefall to be transferred to the reserve shall continue in army service; and thereupon the last foregoingsection shall apply to such soldiers as it applies while [F12 a call-out order under section 52 of the Reserve Forces Act 1996 authorising the call out of members of the reserve is in force]. (2) Where an order has been made under subsection (1) above, the occasion thereof shall forthwith becommunicated to Parliament. (3) An order in force under subsection (1) above may be revoked by order of Her Majesty signified as thereinmentioned]
Discharge.
— (1) Save as hereinafter provided every soldier of the regular forces, upon becoming entitled to bedischarged, shall be discharged with all convenient speed but until discharged shall remain subject tomilitary law.(a)
if he requires to be discharged in the United Kingdom, he shall be sent there free of cost with allconvenient speed and shall be discharged on his arrival there or, if he consents to his discharge beingdelayed, within six months from his arrival; but
(b)
if at his request he is discharged at the place where he is serving he shall have no claim to be sentto the United Kingdom or elsewhere.
(a)
his name, rank and service number;
(b)
his reserve liability (if applicable); and
(c)
the reason for his discharge and the date of discharge,
Transfer to the reserve.
— (1) Every soldier of the regular forces upon falling to be transferred to the reserve shall be transferredto the reserve but until so transferred shall remain subject to military law.Provided that if he so requests he may be transferred to the reserve without being required to returnto the United Kingdom.
Provided that he shall not be entitled to be conveyed to any place outside the United Kingdom.
Provided that if it is determined that the offence shall not be tried by court-martial this subsectionshall cease to apply.
S. 14 repealed by S.I. 1972/1955, Sch. Pt. I | |
Right of warrant officer to discharge on reduction to ranks.
A warrant officer of the regular forces who is reduced to the ranks may thereupon claim to be dischargedunless a state of war exists between Her Majesty and any foreign power or [F17 a call-out order under section 52 of the Reserve Forces Act 1996 is in force authorising the call out for permanent service of members of the reserve].S. 15 substituted (1.1.1999) by S.I. 1998/3086, reg. 9(3) (with reg. 11, Sch.) | |
S. 16 repealed by Mental Health (Scotland) Act 1960 (c. 61), Sch. 5 | |
Forfeiture of service for desertion and restoration of forfeited service.
— (1) Where a soldier of the regular forces is convicted of desertion by court-martial, the period of hisservice as respects which he is convicted of having been a deserter shall be forfeited.Provided that where at the date of his conviction the soldier was serving a term ending with theexpiration of a period beginning with the date of his attaining the age of eighteen years and he hadattained that age when he was convicted (whether or not he had attained it when the offence was committed)the duration of the term for which he is liable to serve shall be equal to that period and the time forwhich he is required to serve in army service shall be reduced accordingly.
(a)
the amount of the service so restored shall, subject to the provisions of the next following paragraph,be credited to him for the purpose of determining for the purposes of this Act the amount of service, armyservice or service in the reserve, as the case may require, which he has served or is liable to serve; but
(b)
in the case of a person who, when his service is restored, is serving, or subsequently serves, on termswhich entitle him to the right conferred by [F21 regulations made in pursuance of section 2(1)(c) of the M8 Armed ForcesAct 1966] the restoration shall not operate to alter the dates on which, by reason of the operation ofsubsection (2) of this section, his army service may be determined in pursuance of an exercise of thatright.
Words repealed by Armed Forces Act 1976 (c. 52), Sch. 10 | |
S. 17(3) substituted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 1(2) | |
Words substituted by S.I. 1967/1018, Sch. 3 Pt. 3 | |
Words substituted by S.I. 1964/488, Sch. 1 Pt. I | |
S. 17(2) amended by S.I. 1967/1018, Sch. 3 Pt. 3 | |
1966 c. 45. | |
1966 c. 45. | |
1966 c. 45. | |
Validity of attestation and enlistment.
— (1) Where a person has signed the declaration required by the First Schedule to this Act, and has thereafterreceived pay as a soldier of the regular forces,—(a)
the validity of his enlistment shall not be called in question on the ground of any error or omissionin his attestation paper;
(b)
if within three months from the date on which he signed the said declaration he claims that hisenlistment is invalid by reason of any non-compliance with the requirements of this Act as to enlistmentor attestation, or any other ground whatsoever (not being an error or omission in his attestation paper)on which apart from this subsection the validity of his enlistment could have been called in question, theclaim shall be submitted as soon as may be to [F23 the Defence Council], and if the claim is well founded [F23 the Defence Council] shall cause him to be discharged with all convenient speed;
(c)
subject to the provisions of the last foregoing paragraph, he shall be deemed as from the expirationof the said three months to have been validly enlisted notwithstanding any such non-compliance or othergrounds as aforesaid;
(d)
notwithstanding any such non-compliance or other grounds as aforesaid, or the making of a claim inpursuance of paragraph (b) of this subsection, he shall be deemed to be a soldier of the regular forcesuntil his discharge.
(a)
he shall be deemed to be a soldier of the regular forces until discharged;
(b)
he may claim his discharge at any time, and if he does so the claim shall be submitted as soon as maybe to [F23 the Defence Council], who shall cause him to be discharged with all convenient speed.
False answers in attestation paper.
— (1) If a person appearing before a recruiting officer for the purpose of being attested knowingly makes afalse answer to any question contained in the attestation paper and put to him by or by the direction ofthe recruiting officer, he shall be liable on summary conviction to imprisonment for a term not exceedingthree months or to a fine not exceeding [F25 level 1 on the standard scale].Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss.38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) S.I.1984/703 (N.I. 3), arts. 5, 6 | |
S. 20 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. I | |
Service of aliens in regular forces.
— (1) Subject to the provisions of the two next following subsections the number of aliens who at any one timeare serving (whether as officers or soldiers) in the regular forces shall not exceed one-fiftieth of theaggregate number at that time of those forces. Regulations as to enlistment.
— [ F29 (1) [F30 The Defence Council] may make such regulations as appear to them necessary or expedient for the purposes of, or inconnection with, the enlistment of recruits for the regular forces and generally for carrying this Part ofthis Act into effect.] Interpretation of Part I.
— (1) In this Part of this Act:— “competent military authority" means [F32 the Defence Council] or any prescribed officer;
“date of attestation", in relation to any person, means the date on which he signs thedeclaration and takes the oath mentioned in paragraph 3 of the First Schedule to this Act;
[F33 “appropriate minimum age"] has the meaning assigned to it by subsection (5) of section two of this Act;
“prescribed" means prescribed by regulations made under this Part of this Act;
“recruiting officer" has the meaning assigned to it by section one of this Act;
Discipline and Trial and Punishment of Military Offences
Part II extended by Reserve Forces Act 1980 (c. 9), s. 142 | |
Part II applied (1.6.1996 subject to art. 3 of the commencing S.I.) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 18(9)(a), 20(10)(a); S.I. 1996/1173, art. 2 | |
[F35 24. (2) A person subject to military law shall be guilty of an offence against this section if, being in thepresence or vicinity of the enemy, or being engaged in any action or operation against the enemy or underorders to be prepared for any action or operation by or against the enemy, he— (3) A person guilty of an offence against this section shall, on conviction by court-martial, be [F36 liable to imprisonment or any less punishment provided by this Act]. (4) The reference in subsection (2)(a) above to superior officers shall be construed in accordance withsection 33(2) of this Act.
Misconduct in action.
— (1) A person subject to military law shall be guilty of an offence against this section if, without lawfulexcuse, he—(a)
surrenders any place or thing to the enemy, or
(b)
abandons any place or thing which it is his duty to defend against the enemy or to prevent from fallinginto the hands of the enemy.
(a)
fails to use his utmost exertions to carry the lawful orders of his superior officers into execution,or
(b)
while on guard duty and posted or ordered to patrol, or while on watch, sleeps or, without having beenregularly relieved, leaves any place where it is his duty to be, or
(c)
behaves in such a manner as to show cowardice, or induces any other person so to behave at a time whenthat other person, being a member of Her Majesty’s forces or of a force co-operating with Her Majesty’sforces, is in the presence or vicinity of the enemy, or is engaged in any action or operation against theenemy or under orders to be prepared for any action or operation by or against the enemy, or
(d)
uses words likely to cause despondency or unnecessary alarm.
Assisting the enemy.
— (1) A person subject to military law shall be guilty of an offence against this section if, knowingly andwithout lawful excuse, he—(a)
communicates with, or gives intelligence to, the enemy, or
(b)
fails to make known to the proper authorities any information received by him from the enemy, or
(c)
furnishes the enemy with supplies of any description, or
(d)
having been captured by the enemy, serves with or aids the enemy in the prosecution of hostilities orof measures likely to influence morale, or in any other manner whatsoever not authorised by internationalusage, or
(e)
having been captured by the enemy, fails to take, or prevents or discourages any other person subjectto service law who has been captured by the enemy from taking, any reasonable steps to rejoin Her Majesty’sservice which are available to him or, as the case may be, to that other person, or
(f)
harbours or protects an enemy not being a prisoner of war.
Words in s. 25(2) substituted (11.5.2001) by 2001 c. 19, s. 34, Sch. 6 Pt. 4 para. 15 | |
Obstructing operations, giving false air signals, etc.
— (1) A person subject to military law shall be guilty of an offence against this section if he does any actlikely to imperil the success of any action or operation on the part of any of Her Majesty’s forces, orwilfully delays or discourages upon any pretext whatsoever any such action or operation.Words in s. 26(3) substituted (11.5.2001) by 2001 c. 19, s. 34, Sch. 6 Pt. 4 para. 16 | |
[F39 27. shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act. (2) In this section “prize court" means a prize court within the meaning of the M10 Naval PrizeAct 1864, and “ship papers" and “aircraft papers" have the same meanings as in that Act.
Prize offences by commanding officers.
— (1) Any person subject to military law who, being in command of any of Her Majesty’s ships oraircraft—(a)
having taken any ship or aircraft as prize, fails to send to the High Court, or to some other prizecourt having jurisdiction in the case, all the ship papers or aircraft papers, as the case may be, foundon board, or
(b)
unlawfully makes any agreement for the ransoming of any ship, aircraft or goods taken as prize, or
(c)
in pursuance of any such agreement as aforesaid, or otherwise by collusion, restores or abandons anyship, aircraft or goods taken as prize,
Other prize offences.
Any person subject to military law who—(a)
F40 ill-treats any person who is on board a ship or aircraft when taken as prize,or unlawfully takes from any such person anything in his possession, or
(b)
removes out of any ship or aircraft taken as prize (otherwise than for safe keeping or for the necessaryuse and service of any of Her Majesty’s forces or any forces co-operating therewith) any goods notpreviously adjudged by a prize court within the meaning of the M11 Naval Prize Act 1864 tobe lawful prize, or
(c)
breaks bulk on board any ship or aircraft taken as prize, or detained in exercise of any belligerentright or under any enactment, with intent to steal anything therein,
[F41 29. shall be liable, on conviction by court-martial, to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.]
Offences by or in relation to sentries, persons on watch, etc.
Any person subject to military law who—(a)
while on guard duty and posted or ordered to patrol, or on watch, or under orders to regulate trafficby land, water or air, sleeps or, without having been regularly relieved, leaves any place where it is hisduty to be, or
(b)
F42 uses force against a member of Her Majesty’s forces, or of any forcesco-operating therewith, who is on guard duty and posted or ordered to patrol, or on watch, or under ordersto regulate traffic by land, water or air, or
(c)
by the threat of force compels any such person as is mentioned, leaves any place where it is his dutyto be, or
(d)
in paragraph (b) above to let him or any other person pass,
[F43 29A. shall be liable, on conviction by court-martial, to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.]
Failure to attend for duty, neglect of duty, etc.
Any person subject to military law who—(a)
without reasonable excuse fails to attend for any duty of any description, or leaves any such dutybefore he is permitted to do so, or
(b)
neglects to perform, or negligently performs, any duty of any description,
S. 29A inserted by Armed Forces Act 1971 (c. 33), ss. 5(1), 78(4) | |
(a)
steals from, or with intent to steal searches, the person of anyone [F44 killed, wounded or captured in the course of warlike operations, or killed, injuredor detained in the course of operations undertaken by Her Majesty’s forces for the preservation of law andorder or otherwise in aid of the civil authorities], or
(b)
steals any property which has been left exposed or unprotected in consequence of [F44 any such operations as are mentioned in paragraph (a) above], or
(c)
takes otherwise than for the public service any vehicle, equipment or stores abandoned by the enemy,
Mutiny.
— F45 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(a)
to overthrow or resist lawful authority in Her Majesty’s forces or any forces co-operating therewithor in any part of any of the said forces,
(b)
to disobey such authority in such circumstances as to make the disobedience subversive of discipline,or with the object of avoiding any duty or service against, or in connection with operations against, theenemy, or
(c)
to impede the performance of any duty or service in Her Majesty’s forces or in any forces co-operatingtherewith or in any part of any of the said forces;
Failure to suppress mutiny.
Any person subject to military law who, knowing that a mutiny is taking place or is intended,—(a)
fails to use his utmost endeavours to suppress or prevent it, or
(b)
fails to report without delay that the mutiny is taking place or is intended,
Words in s. 32 substituted (11.5.2001) by 2001 c. 19, s. 34, Sch. 6 Pt. 4 para. 17 | |
Insubordinate behaviour.
— (1) Any person subject to military law who—(a)
F49 uses violence to, or offers violence to, his superior officer, or
(b)
uses threatening or insubordinate language to his superior officer,
[F50 Provided that it shall be a defence for any person charged under this subsection toprove that he neither knew nor had reasonable cause to believe that the person in relation to whom theoffence is alleged to have been committed was his superior officer.]
[F51 34.
Disobedience to lawful commands.
Any person subject to military law who, whether wilfully or, through neglect, disobeys any lawfulcommand (by whatever means communicated to him) shall, on conviction by court-martial, be liable toimprisonment or any less punishment provided by this Act.]S. 34 substituted by Armed Forces Act 1971 (c. 33), ss. 8(2), 78(4) | |
[F52 34A. (2) For the purposes of this section—
Failure to provide a sample for drug testing.
— (1) Any person subject to military law who, when requested to do so by a drug testing officer, fails to provide a sample of his urine for testing for the presence of drugs shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding six months or any less punishment provided by this Act. “drug" means any drug which is a controlled drug for the purposes of the M12 Misuse of Drugs Act 1971; and
“drug testing officer" means an officer, warrant officer or non-commissioned officer who is authorised by or in accordance with Queen’s Regulations for the purpose of supervising the conduct of tests for the presence of drugs.]
[F53 34B
Failure to provide sample after serious incident
Any person subject to military law who, without reasonable excuse, fails to comply with a request made under subsection (3) or (4) of section 32 of the Armed Forces Act 2001 (powers to test for alcohol or drugs after serious incident) shall be guilty of an offence and shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding six months or any less punishment provided by this Act.]S. 34B inserted (prosp.) by 2001 c. 19, ss. 32(9), 39(2), Sch. 5 para. 2 | |
Obstruction of provost officers.
Any person subject to military law who—(a)
obstructs, or
(b)
when called on, refuses to assist,
[F55 Provided that it shall be a defence for any person charged under this section to provethat he neither knew nor had reasonable cause to believe that the person in relation to whom the offenceis alleged to have been committed was a provost officer or, as the case may be, a person legally exercisingauthority under or on behalf of a provost officer.]
Disobedience to standing orders.
— (1) Any person subject to military law who contravenes or fails to comply with any provision of orders towhich this section applies, being a provision known to him, or which he might reasonably be expected toknow, shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.Words substituted by Armed Forces Act 1971 (c. 33), ss. 10(1), 78(4) | |
[F57 37. (2) For the purposes of this Act a person deserts who— and references in this Act to desertion shall be construed accordingly.]
Desertion.
— (1) Any person subject to military law who deserts shall, on conviction by court-martial, be liable toimprisonment or any less punishment provided by this Act.(a)
leaves or fails to attend at his unit, ship or place of duty with the intention of remaining permanentlyabsent from duty without lawful authority, or, having left or failed to attend at his unit, ship or placeof duty, thereafter forms the like intention, or
(b)
absents himself without leave with intent to avoid serving at any place overseas, or to avoid serviceor any particular service when before the enemy,
S. 37 substituted by Armed Forces Act 1971 (c. 33), ss. 11(1), 78(4) | |
[F58 38. shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.]
Absence without leave.
Any person subject to military law who—(a)
absents himself without leave, or
(b)
improperly leaves his ship,
S. 38 substituted by Armed Forces Act 1971 (c. 33), ss. 12(1), 78(4) | |
[F59 39. shall be liable, on conviction by court-martial, to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.]
Failure to report or apprehend deserters or absentees.
Any person subject to military law who, knowing that any other person so subject has committed anoffence, or is attempting to commit an offence, under section 37(1) or section 38 of this Act—(a)
fails to report the fact without delay, or
(b)
fails to take any steps within his power to cause that other person to be apprehended,
S. 39 substituted by Armed Forces Act 1971 (c. 33), ss. 13(1), 78(4) | |
Ss. 40, 41, 53 and 58 repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt.I | |
Malingering.
— (1) Any person subject to military law who—(a)
falsely pretends to be suffering from sickness or disability, or
(b)
injures himself with intent thereby to render himself unfit for service, or causes himself to be injuredby any person with that intent, or
(c)
injures another person subject to [F61 service law], at the instance of that person, with intent thereby to render that person unfit for service, or
(d)
with intent to render or keep himself unfit for service, does or fails to do any thing (whether at thetime of the act or omission he is in hospital or not) whereby he produces, or prolongs or aggravates, anysickness or disability,
Words substituted byArmed Forces Act 1971 (c. 33), ss. 14, 78(4) | |
Drunkenness.
— (1) Any person subject to military law who is guilty of drunkenness, whether on duty or not, shall, onconviction by court-martial, be liable to imprisonment for a term not exceeding two years or any lesspunishment provided by this Act F62 F63 [F65 43A. shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.]
Fighting, threatening words, etc.
Any person subject to military law who, without reasonable excuse—(a)
fights with any other person, whether subject to military law or not, or
(b)
uses threatening, abusive, insulting or provocative words or behaviour likely to cause a disturbance,
S. 43A inserted by Armed Forces Act 1971 (c. 33), ss. 16(1), 78(4) | |
[F66 44. shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided bythis Act. (2) Any person subject to military law who— shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.
Damage to, and loss of, public or service property, etc.
— (1) Any person subject to military law who—(a)
wilfully damages or causes the loss of, or is concerned in the wilful damage or loss of, any public orservice property, or any property belonging to another person so subject, or
(b)
by wilful neglect causes or allows damage to, or the loss of, any public or service property or propertyso belonging,
(a)
by any negligent act or omission causes or allows damage to, or the loss of, any public or serviceproperty, or
(b)
is guilty of any wilful or negligent act or omission which is likely to cause damage to, or the lossof, any such property,
Ss. 44, 44A-46 substituted for ss. 44-46 by Armed Forces Act 1971 (c. 33), ss. 17(1),78(4) | |
Damage to, and loss of, Her Majesty’s aircraft or aircraft material.
— (1) Without prejudice to the generality of section 44 above, a person subject to military law shall beguilty of an offence against this section if he—(a)
wilfully damages or causes the loss of, or is concerned in the wilful damage or loss of, any of HerMajesty’s aircraft or aircraft material, or
(b)
by wilful neglect causes or allows damage to, or the loss of, any of Her Majesty’s aircraft or aircraftmaterial, or
(c)
without lawful authority disposes of any of Her Majesty’s aircraft or aircraft material, or
(d)
by any negligent act or omission causes or allows damage to, or the loss of, any of Her Majesty’saircraft or aircraft material,
(e)
is guilty of any wilful or negligent act or omission which is likely to cause damage to, or the lossof, any of Her Majesty’s aircraft or aircraft material, or
(f)
during a state of war, wilfully and without proper occasion, or negligently, causes the sequestrationby or under the authority of a neutral state, or the destruction in a neutral state, of any of Her Majesty’saircraft.
(a)
if his offence consisted in an act or omission falling within paragraph (a), (b) or (c) of subsection(1), or if it consisted in an act or omission falling within paragraph (f) of that subsection and it isproved that he acted wilfully or with wilful neglect, to imprisonment or any less punishment provided bythis Act;
(b)
in any other case, to imprisonment for a term not exceeding two years or any less punishment providedby this Act.
[F67 44B. shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided bythis Act. (2) Any person subject to military law who is guilty of any conduct which is likely to have theeffect— shall (whether or not that conduct has that effect) be liable, on conviction by court-martial, toimprisonment for a term not exceeding two years or any less punishment provided by this Act. (3) It shall be a defence for a person charged with an offence under subsection (2) of this section inrespect of any conduct likely to have a particular effect that, in the circumstances, his conduct was inall respects consistent with the exercise of reasonable care to avoid producing that effect. (4) For the purposes of this section the efficiency or effectiveness of any equipment is impaired if,whether or not it is damaged, the equipment is made temporarily or permanently less efficient or effectiveeither for all purposes or for a particular purpose for which it has been designed, adapted, adjusted orprogrammed. (5) In this section—
Interference etc. with equipment, messages or signals.
— (1) Any person subject to military law who by any conduct of his—(a)
intentionally impairs the efficiency or effectiveness of any equipment which is public or serviceproperty; or
(b)
intentionally interferes with or modifies any message or other signal which is being transmitted, bymeans of a telecommunication system, directly or indirectly to or from any such equipment,
(a)
of impairing the efficiency or effectiveness of any such equipment; or
(b)
of interfering with or modifying any such message or signal,
“conduct" includes any act or omission;
“equipment" includes any apparatus, any computer and any vessel, aircraft or vehicle;and
S. 45 extended (E.W.) (S.) by Rehabilitation of Offenders Act 1974 (c. 53), s. 2(3)(a) | |
(a)
any clothing, arms, ammunition or other equipment issued to him for his use for military purposes, or
(b)
any military, air-force or naval decoration granted to him,
S. 46 extended (E.W.) (S.) by Rehabilitation of Offenders Act 1974 (c. 53), s. 2(3)(a) | |
Billeting Offences.
Any person subject to military law who—(a)
knowing that no billeting requisition is in force under Part IV of this Act authorising him to demandany billets or that he is otherwise not authorised to demand them, obtains those billets or orders orprocures another person to obtain them;
(b)
takes or agrees to take, or demands, from a person on whom he or any other person or any vehicle is oris to be billeted in pursuance of a billeting requisition under Part IV of this Act any money or thing asconsideration for not requiring, or ceasing to require, accommodation for himself or the said other personor standing room for the vehicle; or
[F68 (c)
wilfully or by wilful neglect damages, or causes or allows to be damaged, any premises in which he isbilleted in pursuance of such a requisition, or any property being in such premises],
S. 47(c) substituted by Armed Forces Act 1971 (c. 33), ss. 18, 78(4) | |
Offences in relation to requisitioning of vehicles.
— (1) Any person subject to military law who—(a)
knowing that no requisitioning order is in force under Part IV of this Act authorising him to givedirections for the provision of any vehicle, or that he is otherwise not authorised to give such directions,gives directions for the provision of the vehicle or orders or procures another person to give suchdirections, or
(b)
in purported exercise of powers conferred by a requisitioning order under Part IV of this Act takes,or orders or procures any other person to take, possession of a vehicle, knowing that no requisitioningorder is in force under the said Part IV under which the taking possession of the vehicle could beauthorised, or that the taking possession thereof is otherwise not authorised under such an order, or
(c)
takes or agrees to take, or demands, from any person any money or thing as consideration for directions,or any particular directions, for the provision of a vehicle not being given, or possession of a vehiclenot being taken, or not being retained, under a requisitioning order under Part IV of this Act,
[F69 48A.
Loss or hazarding of ship.
Any person subject to military law who, either wilfully or by negligence, causes or allows to be lost,stranded or hazarded any of Her Majesty’s ships shall, on conviction by court-martial, be liable—(a)
if he acts wilfully or with wilful neglect, to imprisonment or any less punishment provided by this Act,
(b)
in any other case, to imprisonment for a term not exceeding two years or any less punishment soprovided.]
S. 48A inserted by Armed Forces Act 1971 (c. 33), ss. 19(1), 78(4) | |
Dangerous flying, etc.
Any person subject to military law who is guilty of any act or neglect in flying, or in the use of anyaircraft, or in relation to any aircraft or aircraft material, which causes or is likely to cause loss oflife or bodily injury to any person shall, on conviction by court-martial, be liable to imprisonment or anyless punishment provided by this Act:Provided that if the offender has not acted wilfully or with wilful neglect he shall not be liableto be imprisoned for more than two years.
[F70 50. shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.]
Inaccurate certification.
Any person subject to military law who makes or signs, without having ensured its accuracy,—(a)
a certificate relating to any matter affecting the seagoing or fighting efficiency of any of HerMajesty’s ships, or
(b)
any certificate relating to any of Her Majesty’s aircraft or aircraft material,
S. 50 substituted by Armed Forces Act 1971 (c. 33), ss. 20(1), 78(4) | |
Low flying.
Any person subject to military law who, being the pilot of one of Her Majesty’s aircraft, flies it ata height less than such height as may be provided by any regulations issued under the authority of [F71 the Defence Council], F72 , except—(a)
while taking off or alighting, or
(b)
in such other circumstances as may be so provided,
[F73 Provided that where a pilot flies an aircraft in contravention of this section on theorders of some other person who is in command of the aircraft, that other person shall be treated for thepurposes of this section as having been the pilot of, and flying, the aircraft at the material time.]
Annoyance by flying.
Any person subject to military law who, being the pilot of one of Her Majesty’s aircraft, flies it soas to cause, or to be likely to cause, unnecessary annoyance to any person shall, on conviction bycourt-martial, be liable to [F74 dismissal from Her Majesty’s service] or any less punishment provided by this Act: [F75 Provided that where a pilot flies an aircraft in contravention of this section on theorders of some other person who is in command of the aircraft, that other person shall be treated for thepurposes of this section as having been the pilot of, and flying, the aircraft at the material time.]
Ss. 40, 41, 53 and 58 repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt.I | |
Permitting escape, and unlawful release of prisoners.
— (1) Any person subject to military law who wilfully allows to escape any person who is committed to hischarge, or whom it is his duty to guard, shall, on conviction by court-martial, be liable to imprisonmentor any less punishment provided by this Act.(a)
without proper authority releases any person who is committed to his charge, or
(b)
without reasonable excuse allows to escape any person who is committed to his charge, or whom it is hisduty to guard,
Resistance to arrest.
— (1) Any person subject to military law who, being concerned in any quarrel or disorder, refuses to obey anyofficer who orders him into arrest, or F77 uses violence to, or offers violence to, any such officer, shall be guiltyof an offence against this section whether or not the officer is his superior officer.Words repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), ss. 4(1), 16(2), Sch. 2 | |
Escape from confinement.
Any person subject to military law who escapes from arrest, prison or other lawful custody (whethermilitary or not), shall, on conviction by court-martial, be liable to imprisonment for a term not exceedingtwo years or any less punishment provided by this Act. Offences in relation to courts-martial.
— (1) Any person subject to military law who—(a)
having been duly summoned or ordered to attend as a witness before a court-martial, fails to comply withthe summons or order, or
(b)
refuses to swear an oath when duly required by a court-martial to do so, or
(c)
refuses to produce any [F78 document or other thing which is in his custody or under his control and] which a court-martial has lawfully required him to produce, or
(d)
when a witness, refuses to answer any question which a court-martial has lawfully required him toanswer, or
(e)
wilfully insults any person, being a member of a court-martial or a witness or any other person whoseduty it is to attend on or before the court, while that person is acting as a member thereof or is soattending, or wilfully insults any such person as aforesaid while that person is going to or returning fromthe proceedings of the court, or
(f)
wilfully interrupts the proceedings of a court-martial or otherwise misbehaves before the court,
(a)
if he is an officer, to imprisonment for a term not exceeding twenty-one days, or to a fine notexceeding the amount of his pay for twenty-eight days F81 . . .,
(b)
in any other case, to imprisonment or detention for such a term as aforesaid, or to such a fine asaforesaid.]
(a)
subject to paragraph (b) below, the gross pay which is, or would apart from any forfeiture be, issuable to the offender in respect of the day on which the order is made;
(b)
if the offender is a special member of a reserve force, the gross pay which would have been issuable to him in respect of that day if he had been an ordinary member of that reserve force of the same rank.
(a)
the references to a court-martial held in pursuance of this Act were references to the judicial officer,
(b)
for “another court-martial" there were substituted “a court-martial", and
(c)
the words “under the hand of the president" were omitted.]
(a)
the reference to a court-martial held in pursuance of this Act were a reference to the summary appeal court,
(b)
for “another court-martial" there were substituted “a court-martial", and
(c)
for “the president" there were substituted “the judge advocate".]
Words in s. 57(1)(c) inserted (28.2.2002) by 2001 c. 19, s. 24(2)(a); S.I. 2002/345, art. 2 (subject to transitional provisions in art. 3) | |
Words repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I | |
Words substituted by Armed Forces Act 1971 (c. 33), ss. 23(2), 78(4) | |
Words in s. 57(2)(a) omitted (1.1.1999) by virtue of S.I. 1998/3086, reg. 4(1)(a) | |
S. 57(2A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1),s. 58, Sch. 8 para.1(1) | |
Words in s. 57(2A) substituted (prosp.) by 2000 c. 43, ss. 74, 80, Sch. 7 para. 13 | |
S. 57(2B)(2C) inserted (1.1.1999) by S.I. 1998/3086, reg. 4(2) | |
Words in s. 57(3) repealed (28.2.2002) by 2001 c. 19, s. 38, Sch. 7 Pt. 1; S.I. 2002/345, art. 2 (subject to transitional provisions in art. 3) | |
Words substituted by virtue of Naval Discipline Act 1957 (c. 53), s. 137(2) | |
Words inserted by Naval Discipline Act 1957 (c. 53), Sch. 5 | |
S. 57(4)(5) inserted (2.10.2000) by 2000 c. 4, s. 10, Sch. 1 para. 1(1); S.I. 2000/2366, art. 2 (with Sch. para. 13) | |
S. 57(6)(7) inserted (2.10.2000) by 2000 c. 4, s. 25, Sch. 3 para. 1; S.I. 2000/2366, art. 2 (with Sch. para. 13) | |
S. 57(1) extended by Armed Forces Act 1976 (c. 52), Sch. 3 para. 15(1) | |
1957 c. 53. | |
1955 c. 19. | |
Ss. 40, 41, 53 and 58 repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt.I | |
S. 59 repealed by Armed Forces Act 1966 (c. 45), s. 37(3), Sch. 5 | |
[F92 60. (2) It shall be a defence for a person charged with an offence under this section that he did not know andhad no reasonable cause to believe that the information disclosed related to a matter upon which informationwould or might be directly or indirectly useful to an enemy.]
Unauthorised disclosure of information.
— (1) Any person subject to military law who without lawful authority discloses or purports to disclose,whether orally, in writing, by signal or by any other means whatsoever, information relating to any matterupon which information would or might be useful to an enemy shall, on conviction by court-martial, be liableto imprisonment for a term not exceeding two years or any less punishment provided by this Act.S. 60 substituted by Armed Forces Act 1971 (c. 33), ss. 24(1), 78(4) | |
S. 61 extended (E.W.) (S.) by Rehabilitation of Offenders Act 1974 (c. 53), s. 2(3)(a) | |
[F93 62. is liable on conviction by court-martial to imprisonment for a term not exceeding two years or any less punishment provided by this Act. (2) For the purposes of this section— (3) In this section “document" means anything in which information of any description is recorded.]
Making of false documents.
— (1) A person subject to military law who—(a)
makes an official document which is to his knowledge false in a material particular, or
(b)
makes in any official document an entry which is to his knowledge false in a material particular, or
(c)
tampers with the whole or any part of an official document (whether by altering it, destroying it, suppressing it, removing it or otherwise), or
(d)
with intent to deceive, fails to make an entry in an official document,
(a)
a document is official if it is or is likely to be made use of, in connection with the performance of his functions as such, by a person who holds office under, or is in the service of, the Crown; and
(b)
a person who has signed or otherwise adopted as his own a document made by another shall be treated, as well as that other, as the maker of the document.
S. 62 substituted (31.1.1997) by 1995 c. 38, s. 15(1), Sch. 1 para. 1 (with ss. 1(3), 6(4)(5), 14); S.I. 1996/3217, art. 2 | |
Offences against civilian population.
Any person subject to military law who, in any country or territory outside the United Kingdom, commitsany offence against the person or property of any member of the civil population shall, on conviction bycourt-martial, be liable to imprisonment for a term not exceeding two years or any less punishment providedby this Act. [F94 63A.
Offences against morale.
Any person subject to military law who spreads (whether orally, in writing, by signal, or otherwise)reports relating to operations of Her Majesty’s forces, of any forces co-operating therewith, or of any partof any of those forces, being reports likely to create despondency or unnecessary alarm, shall, onconviction by court-martial, be liable to imprisonment for a term not exceeding two years or any lesspunishment provided by this Act.]S. 63A inserted by Armed Forces Act 1971 (c. 33), ss. 28(1), 78(4) | |
[F95 64. Every officer subject to military law who behaves in a scandalous manner unbecoming the character ofan officer shall, on conviction by court-martial, be liable to dismissal from Her Majesty’s service withor without disgrace.]
Ill-treatment of officers or men of inferior rank.
If—(a)
any officer subject to military law F96 ill-treats any officer subject thereto of inferior rank or less seniority orany warrant officer, non-commissioned officer or soldier subject to military law, or
(b)
any warrant officer or non-commissioned officer subject to military law F96 ill-treats any person subject to military law, being a warrant officer ornon-commissioned officer of inferior rank or less seniority or a soldier,
Words repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), ss. 4(1), 16(2), Sch. 2 | |
S. 66 extended (E.W.) (S.) by Rehabilitation of Offenders Act 1974 (c. 53), s. 2(3)(a) | |
Ss. 67, 75(3) and 81(3) repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt.I | |
Attempts to commit military offences.
Any person subject to military law who attempts to commit an offence against any of the foregoingprovisions of this Part of this Act [F98 or against section 69 below] shall, on conviction by court-martial, be liable to the like punishment as for that offence: F99 . . ..
[F100 68A. (2) A person may be guilty by virtue of subsection (1) above of an offence against section 62 of this Actwhether or not he knows the nature of the document in question.]
Aiding and abetting etc., and inciting.
— (1) Any person subject to military law who aids, abets, counsels or procures the commission by anotherperson of an offence against any of the foregoing provisions of this Part of this Act, or against section69 below, or who incites another person to commit any such offence, shall himself be guilty of the offencein question, and shall be liable to be charged, tried and punished accordingly.S. 68A inserted by Armed Forces Act 1971 (c. 33), ss. 32(2), 78(4) | |
Conduct to prejudice of military discipline.
Any person subject to military law who is guilty [F101 , whether by any act or ommission or otherwise, of conduct] to the prejudice of good order and military discipline shall, on conviction by court-martial, beliable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.Words substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 4(2) | |
70. — (1) Any person subject to military law who commits a civil offence, whether in the United Kingdom orelsewhere, shall be guilty of an offence against this section. (2) In this Act the expression “civil offence" means any act or omission punishable by the law of England or which, ifcommitted in England, would be punishable by that law; and in this Act the expression “the corresponding civil offence" means the civil offence the commission of whichconstitutes the offence against this section. [F102 (2A) For the purpose of determining under this section whether an attempt to commit an offence is a civiloffence, subsection (4) of section 1 of the M16 Criminal Attempts Act 1981 (which relatesto the offence of attempt) shall have effect as if for the words “offence which, if it were completed,would be triable in England and Wales as an indictable offence" there were substituted the words “civiloffence consisting of an act punishable by the law of England and Wales as an indictable offence or an actwhich, if committed in England or Wales, would be so punishable by that law".] (3) [F103 Subject to section 71A below,] a person convicted by court-martial of an offence against this section shall— [F107 (3A) Where the corresponding civil offence is one to which [F108 section 109, 110 or 111 of the Powers of Criminal Courts (Sentencing) Act 2000] would apply, the court-martial shall impose the sentence required by subsection (2) of that section unless it is of the opinion that there are exceptional circumstances which justify its not doing so.] (4) A person shall not be charged with an offence against this section committed in the United Kingdom ifthe corresponding civil offence is treason, murder, manslaughter, treason-felony or rape [F109 or an offence under section 1 of the Geneva Conventions Act 1957] F110 . . . [F111 or an offence under section 1 of the M17 Biological Weapons Act 1974 [F112 or an offence under section 2 or 11 of the Chemical Weapons Act 1996].] [ F109 or an offence under section 51 or 52 of the International Criminal Court Act 2001] [F113 In this and the following subsection the references to murder shall apply also toaiding, abetting, counselling or procuring suicide.] (5) Where the corresponding civil offence is murder or manslaughter [F109 , or an offence under section 1 of the Geneva Conventions Act 1957 or section 51 of the International Criminal Court Act 2001 consisting of the killing of a person,] F114 . . . an offence against this section shall be deemed, for the purposes of the last foregoing subsection,to have been committed at the place of the commission of the act or occurrence of the neglect which causedthe death, irrespective of the place of the death. [F115 (6) A person subject to military law may be charged with an offence against this section notwithstandingthat he could on the same facts be charged with an offence against any other provision of this Part of thisAct.]
F104 (a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F105 (aa)
if the corresponding civil offence is one for which the sentence is fixed by law as life imprisonment, be sentenced to imprisonment for life;]
(b)
in any other case, be liable to suffer any punishment or punishments which a civil court could awardfor the corresponding civil offence, if committed in England, being a punishment or punishments providedby this Act, or such punishment, less than the maximum punishment which a civil court could so award, asis so provided:
S. 70(2A) inserted by Criminal Attempts Act 1981 (c. 47), s. 7(1) | |
Words inserted by Armed Forces Act 1976 (c. 52), s. 10(3)(a) | |
S. 70(3)(a) repealed (11.5.2001) by 2001 c. 19, s. 38, Sch. 7 Pt. 4 | |
S. 70(3)(aa) substituted for s. 70(3)(aa)(ab) (1.10.2001) by 2001 c. 19, s. 34, Sch. 6 Pt. 6 para. 33(2); S.I. 2001/3234, art. 2 | |
Proviso repealed by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 4 Pt. I | |
S. 70(3A) inserted (1.10.1997 for certain purposes and otherwiseprosp.) by 1997 c. 43, ss. 55, 57(2), Sch. 4 para. 1(1); S.I. 1997/2200, art. 2(1)(l)(2)(a) (subject to art. 5) | |
Words in s. 70(3A) substituted (25.8.2000) by 2000 c. 6, s. 165, Sch. 9 para. 8 | |
Words in s. 70(4)(5) inserted (13.6.2001 for certain purposes and 1.9.2001 otherwise) by 2001 c. 17, ss. 74(2)(3); S.I. 2001/2161, arts. 2, 3 (as amended by S.I. 2001/2304, art. 2) | |
Words in s. 70(4) repealed (13.6.2001 for certain purposes and 1.9.2001 otherwise) by 2001 c. 17, s. 83, Sch. 10; S.I. 2001/2161, arts. 2, 3 (as amended by S.I. 2001/2304, art. 2) | |
Words inserted by Biological Weapons Act 1974 (c. 6), s. 5(1) | |
Words in s. 70(4) inserted (16.9.1996) by 1996 c. 6, s. 35(a) (with s. 37); S.I. 1996/2054, art. 2 | |
Words added by Suicide Act 1961 (c. 60), Sch. 1 Pt. II | |
Words in s. 70(5) repealed (13.6.2001 for certain purposes and 1.9.2001 otherwise) by 2001 c. 17, s. 83, Sch. 10; S.I. 2001/2161, arts. 2, 3 (as amended by S.I. 2001/2304, art. 2) | |
S. 70(6) added by Armed Forces Act 1971 (c. 33), ss. 34(1)(b), 78(4) | |
S. 70 amended by Armed Forces Act 1976 (c. 52), s. 7(4) | |
S. 70 modified (1.10.1997) by 1997 c. 43, s. 7(1); S.I. 1997/2200, art. 2(1)(l)(2)(a) (subject to art. 5) | |
1981 c. 47. | |
1974 c. 6. | |
[F116 70A from imposing any sentence which is not less than 80 per cent of that specified in that subsection. (2) Where, by virtue of subsection (1) above, a court-martial imposes a sentence which is less severe than that which it would otherwise have imposed, the court-martial shall state in open court that it has done so. (3) For the purposes of subsection (1) above, a sentence falls to be imposed under subsection (3E) or (3G) of section 70 of this Act if it is required by that subsection and the court-martial is not of the opinion referred to in that subsection.
Reduction in minimum sentences for guilty pleas
(1) Where sentence falls to be imposed under subsection (3E) or (3G) of section 70 of this Act in respect of an offence to which the offender has pleaded guilty, nothing in that subsection shall prevent a court-martial, after taking into account—(a)
the stage in the proceedings for the offence at which the offender indicated his intention to plead guilty, and
(b)
the circumstances in which the indication was given,
S. 70A inserted (prosp.) by 2001 c. 19, ss. 22, 39(2), Sch. 3 para. 3 | |
F117 Reasons to be given for not passing life or minimum sentence
(1) If—(a)
subsection (3B) of section 70 of this Act applies to a person, but
(b)
the court-martial is of the opinion that there are exceptional circumstances as mentioned in that subsection which justify its not imposing a sentence of imprisonment for life,
(a)
subsection (3E) or (3G) of section 70 of this Act applies to a person, but
(b)
the court-martial is of the opinion that there are particular circumstances as mentioned in that subsection which, in all the circumstances, would make a sentence of imprisonment for the minimum term mentioned in that subsection unjust,
S. 70B inserted (prosp.) by 2001 c. 19, ss. 22, 39(2), Sch. 3 para. 3 | |
[F118 71. and references in this Act to any punishment provided by this Act are, subject to the limitationimposed in any particular case by the addition of the word “less", references to any one or more ofthe said punishments.For the purposes of this Part of this Act a punishment specified in any of the above paragraphs shallbe treated as less than the punishments specified in the paragraphs preceding that paragraph and greaterthan those specified in the paragraphs following it: (2) Subsection (1) above shall have effect— (3) A person [F125 who, otherwise than under section 57(2) of this Act, is] sentenced by a court-martial to imprisonment shall also be sentenced either to dismissal with disgracefrom Her Majesty’s service or to dismissal from Her Majesty’s service: (4) A warrant officer or non-commissioned officer [F125 who, otherwise than under section 57(2) of this Act, is] sentenced by a court-martial to imprisonment, to dismissal from Her Majesty’s service (whether or notwith disgrace), or to detention, shall also be sentenced to be reduced to the ranks: (5) The amount of a fine that may be awarded by a court-martial— [F127 (5A) For the purposes of subsection (5) above, a day’s pay shall be taken to be– F127 (5B) In subsection (5A)(b) above “special member" and “ordinary member" have the same meaning as in the Reserve Forces Act 1996.] [ F128 (6) Unless the Secretary of State by order provides that this subsection shall no longer apply, the stoppages awarded by a court-martial in respect of any offence occasioning personal injury of which a person is convicted or any other such offence which is taken into consideration in determining sentence shall not exceed such sum as is for the time being specified by an order made by the Secretary of State. (7) The power to make an order under subsection (6) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.]
Scale of punishments, and supplementary provisions.
— (1) The punishments which may be awarded by sentence of a court-martial under this Act are, subject to thefollowing provisions of this section [F119 and section 71A below] and to the limitations hereinafter provided on the powers of certain courts-martial, as follows—(a)
F120 . . .
(b)
imprisonment,
[F121 (bb)
detention by virtue of a custodial order made under section 71AA of this Act;]
[F122 (bc)
order that the convicted person be disqualified from working with children]
(c)
dismissal with disgrace from Her Majesty’s service,
(d)
dismissal from Her Majesty’s service,
(e)
detention for a term not exceeding two years,
(f)
forfeiture of seniority for a specified term or otherwise,
(g)
reduction to the ranks or any less reduction in rank,
(h)
fine,
(i)
severe reprimand,
(j)
reprimand,
(k)
in the case of an offence which has occasioned any expense [F123 personal injury] , loss or damage, stoppages, and
(l)
such minor punishments as may from time to time be authorised by the Defence Council;
[F124 Provided that a punishment such as is mentioned in paragraph (e) of thissubsection shall not be treated as a less punishment than a punishment such as is mentioned in paragraph(b) or (bb) if the term of detention is longer than the term of imprisonment or, as the case may be, thanthe term of detention by virtue of the custodial order.]
(a)
in relation to a convicted person who is an officer, with the omission of paragraphs (e), (g) and (l),
(b)
in relation to a convicted person who is a warrant officer, with the omission of paragraphs (f) and (l),
(c)
in relation to a convicted person who is a non-commissioned officer, with the omission of paragraph (f),and
(d)
in relation to a convicted person who is a soldier, with the omission of paragraphs (f), (g), (i) and(j).
Provided that, if the court-martial fail to give effect to this subsection, their sentence shall notbe invalid, but shall be deemed to include a sentence of dismissal from Her Majesty’s service.
Provided that, if the court-martial fail to give effect to this subsection, their sentence shall notbe invalid, but shall be deemed to include a sentence of reduction to the ranks.
(a)
except in the case of an offence against section 70 of this Act, shall not exceed the amount of theoffender’s pay for twenty-eight days or, where the offence was committed on active service, fifty-six days,and
(b)
in the said excepted case— (i) where the civil offence constituting an offence against that section is punishable by a civil court inEngland only on summary conviction, and is so punishable by a fine, shall not exceed the maximum amount ofthat fine, and (ii) where the said civil offence is punishable by a civil court in England on indictment (whether or notit is also punishable on summary conviction) by a fine, shall not exceed the maximum amount of that fine; F126 . . ..
(a)
subject to paragraph (b) below, the gross pay which is, or would apart from any forfeiture be, issuable to the offender in respect of the day on which the punishment is awarded;
(b)
if the offender is a special member of a reserve force, the gross pay which would have been issuable to him in respect of that day if he had been an ordinary member of that reserve force of the same rank.
S. 71 substituted for ss. 71-73 by Armed Forces Act 1971 (c. 33), ss. 36, 78(4) | |
Words inserted by Armed Forces Act 1976 (c. 52), s. 10(3)(b) | |
S. 71(1)(a) repealed (11.5.2001) by 2001 c. 19, s. 38, Sch. 7 Pt. 4 | |
S. 71(1)(bb) inserted by Armed Forces Act 1981 (c. 55), s. 2(3)(a) | |
S. 71(1)(bc) inserted (11.1.2001) by 2000 c. 43, s. 74, Sch. 7 para. 14; S.I. 2000/3302, art. 2(b) | |
Words in s. 71(1)(k) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 7(1)(a); S.I. 1991/2719, art. 2 (with art. 3(1)) | |
Proviso substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s.16(1), Sch. 1 para. 4 | |
Words inserted (retrospectively) by Armed Forces Act 1986 (c. 21, SIF 7:1),s. 16(1), Sch. 1 para. 1(1)(a) | |
Words in s. 71(5) omitted (1.1.1999) by virtue of S.I. 1998/3086, reg. 3(1) (with transitional provisions in Sch.) | |
S. 71(5A)(5B) inserted (1.1.1999) by S.I. 1998/3086, reg. 3(2) (with transitional provisions in Sch.) | |
S. 71 (6)(7) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 7(1)(b); S.I. 1991/2719, art. 2 (with art. 3(1)) | |
[F129 71A. [F131 (1A) Where— the court shall sentence him to custody for life unless he is liable to be detained under subsection (3) below.] [ F133 (1B) Where a person aged [F134 18 years] or over but under 21 years of age is convicted of any other offence for which a person aged 21 years or over would be liable to imprisonment for life [F135 then, subject to subsection (1E) below], the court shall sentence him to custody for life if— (1C) For the purpose of determining whether any method of dealing with a person to whom subsection (1B) of this section applies, other than sentencing him to custody for life, is appropriate, the court shall obtain and consider information about the circumstances, and shall take into account any information before the court which is relevant to his character and his physical and mental condition.] [ F137 (1D) Subject to subsections (3) and (4) below, the only custodial sentences that a court may award where a person under [F130 18] years of age is convicted or found guilty of an offence are— (1E) A court may not— unless it is satisfied— (i) that the circumstances, including the nature and the gravity of the offence, are such that if the offender were aged [F130 18] or over the court would pass a sentence of imprisonment; and (ii) that he qualifies for a custodial sentence. (1F) An offender qualifies for a custodial sentence if— (2) F138 (3) A person convicted of murder [F139 or any other offence the sentence for which is fixed by law as life imprisonment]who was under 18 years of age when the offence was committed shall not be sentenced to imprisonment for life F140 . . .; but in lieu thereof the court shall (notwithstanding anything in this or any other Act) sentence him to be detained during Her Majesty’s pleasure, and if so sentenced he shall be liable to be detained in such place and under such conditions as the Secretary of State may direct. (4) [F141 In any case where— (5) A sentence of [[ F143 custody for life or]]detention under subsection (3) or (4) above shall be treated for the purposes of this Part of this Act as a punishment provided by this Act involving the same degree of punishment as a sentence of imprisonment; and section 71(3) and (4) above shall apply to such a sentence of detention [F143 and to a sentence of custody for life] as they apply to a sentence of imprisonment. (6) A person detained pursuant to the directions of the Secretary of State under this section shall, while so detained, be deemed to be in legal custody.] [ F144 (7) A sentence of detention under section 71(1)(e) of this Act shall be treated for the purposes of this section as a non-custodial sentence and references in this section to a custodial sentence shall be construed accordingly.]
Juveniles.
— (1) A person under [F130 18] years of age shall not be sentenced to imprisonment.(a)
a person under 21 years of age is convicted of murder or any other civil offence the sentence for which is fixed by law as imprisonment for life; or
(b)
a person under that age is convicted of any civil offence to which [F132 section 109 of the Powers of Criminal Courts (Sentencing) Act 2000] would apply and the court is not of the opinion mentioned in subsection (2) of that section,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
it considers that a custodial sentence for life would be appropriate.
(a)
a custodial order under section 71AA of this Act or under paragraph 10 of Schedule 5A to this Act; and
(b)
a sentence of custody for life under subsection (1A) or (1B) above.
(a)
make a custodial order under section 71AA of this Act; or
(b)
pass a sentence of custody for life under subsection (1B) above;
(a)
he has a history of failure to respond to non-custodial sentences and is unable or unwilling to respond to them; or
(b)
only a custodial sentence would be adequate to protect the public from serious harm from him; or
(c)
the offence of which he has been convicted or found guilty was so serious that a non-custodial sentence for it cannot be justified.]
(a)
a person aged 14 or over but under [F134 18 years] of age is]found guilty of a civil offence (other than one the sentence for which is fixed) which is punishable by a civil court in England or Wales on indictment by, in the case of [a person who has attained 18 years of age], a term of imprisonment for 14 years or more, [F141 or
(b)
a person under 14 years of age is found guilty of manslaughter,and, in either case, the court] is of opinion that none of the other methods in which the case may be legally dealt with is suitable, [F142 the court may sentence that person] to be detained for suchperiod, not exceeding the maximum term of imprisonment with which the offence is punishable by such a civil court in the case of an adult, as may be specified in the sentence; and where such a sentence has been passed, the person on whom it is passed shall during that period be liable to be detained in such place and on such conditions as the Secretary of State may direct.
S. 71A inserted by Armed Forces Act 1976 (c. 52), s 10(1) | |
Words in s. 71A(1)(1D)(1E)(i) substituted (prosp.) by 2000 c. 43, ss. 74, 80, Sch. 7 para. 15(1)(a) | |
S. 71A(1A) substituted (1.10.1997) by 1997 c. 43, s. 55(2), Sch. 4 para. 1(2); S.I. 1997/2200, art. 2(1)(l)(2)(a) (subject to art. 5) | |
Words in s. 71A(1A)(b) substituted (25.8.2000) by 2000 c. 6, s. 165, Sch. 9 para. 9 | |
S. 71A(1B)–(1C) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1),s. 58, Sch.8 para. 2(b) | |
Words in s. 71A(1B)(4)(a) substituted (1.10.1992 (E.W.)) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 71, 102(2), Sch. 9, para. 1; S.I. 1992/333, art. 2(2), Sch. 2 | |
Words in s. 71A(1B) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 2(2)(a); S.I. 1991/2719, art. 2 (with art. 3(1)) | |
S. 71A(1B)(a) repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 2(2)(b), 26(2), Sch. 3; S.I. 1991/2719, art. 2 Sch. (with art. 3(1)) | |
S. 71A(1D)(1E)(1F) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 2(3); S.I. 1991/2719, art. 2 (with art. 3(1)) | |
S. 71A(2) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 78, Sch. 16 | |
Words in s. 71A(3) inserted (30.11.2000 with effect as mentioned in Sch. 7 para. 15(2)) by 2000 c. 43, s. 74, Sch. 7 para. 15(1)(e) | |
Words in s. 71A(3) repealed (11.5.2001) by 2001 c. 19, s. 38 Sch. 7 Pt. 4 | |
Words in s. 71A(4) substituted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 2(4)(a); S.I. 1991/2719, art. 2 (with art. 3(1)) Words in s. 71A(4) substituted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 2(4)(b); S.I. 1991/2719, art. 2 (with art. 3(1)) | |
Words in s. 71A(4) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 2(4)(c); S.I. 1991/2719, art. 2 (with art. 3(1)) | |
Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para.2(d) | |
S. 71A(7) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 2(5); S.I. 1991/2719, art. 2 (with art. 3(1)) | |
[F145 71AA. F150 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [ F151 (1AA) The court shall not make a custodial order committing an offender aged 17 to be detained for a period exceeding twelve months or for a period such that the continuous period for which he is committed to be detained under that order and any one or more other custodial orders exceeds twelve months.] [F152 (1B) For the purposes of determining whether [F153 it is satisfied as mentioned in sub-paragraphs (i) and (ii) of subsection (1E) of section 71A of this Act with respect to any person] the court shall obtain and consider information about the circumstances, and shall take into account any information before the court which is relevant to his character and his physical and mental condition.] (2) If a person is outside the United Kingdom at the time a custodial order is made in respect of him, he shall as soon as practicable F154 . . . be removed to the United Kingdom. (3) A person in respect of whom a custodial order has been made shall be detained in such appropriate institution as the Secretary of State may direct, and any enactment applying to persons detained in any such institution shall apply to a person so detained under this section. (4) A custodial order shall be sufficient authority for the detention of the person subject to it in service custody until he is received into the institution specified in the Secretary of State’s direction. [F155 (5) The following provisions of this Act shall apply in the case of a sentence under a custodial order as they apply in the case of a sentence of imprisonment, that is to say— and, accordingly, references in those provisions to a sentence of imprisonment shall include for the purposes of this subsection references to a sentence under a custodial order.] (6) In this section “appropriate institution" means— [F159 (6A) [F160 Sections 16 and 17 of the Crime (Sentences) Act 1997 (as modified by section 19 of that Act)](release of young offenders) shall apply to persons released from a term of detention under a custodial order as it applies to persons released from a term of detention under a detention centre order or a term of youth custody.] F161 (6B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) This section does not apply to offenders who are civilians (as regards whom similar provision is made by paragraph 10 of Schedule 5A to this Act)]
Young service offenders: custodial orders.
— (1) Where a person who has attained seventeen years of age but is under twenty-one years of age is found guilty by a court-martial of an offence punishable under this Act with imprisonment, the court shall have power, F146 . . ., to make an order (in this section referred to as a “custodial order") committing him to be detained in accordance with the provisions of this section for a [F147 period to be specified in the order F148 . . . [F149 which—(a)
shall be not less than the appropriate minimum period, that is to say— (i) in the case of an offender who has attained eighteen years of age, the period of 21 days; or (ii) in the case of an offender who is under that age, the period of two months; and
(b)
shall not exceed] the maximum period for which he could have been sentenced to imprisonment if he had attained the age of twenty-one years.]
(a)
sections 71(3) and (4), 118(1), 118A(1) and (3) 119A(3) and 145; and
(b)
for the period before a person sentenced under a custodial order is received into the institution where he is to be detained (or for the currency of the sentence if its term ends before he is so received), sections 119(2), (4) and (5), 122, 123, 129, 142 and 190B;
[F156 (a)
where the offender is in or removed to England or Wales, any institution in which a person sentenced to detention in a young offender institution could be detained, [F157 section 98 of the Powers of Criminal Courts (Sentencing) Act 2000] having effect in relation to the offender as it has effect in relation to an offender sentenced to detention in a young offender institution;]
[F158 (b)
where the offender is in or removed to Scotland, a young offenders institution;]
(c)
where the offender is in or removed to Northern Ireland, a young offenders centre.
S. 71AA inserted by Armed Forces Act 1981 (c. 55), s. 2(1) | |
Words in s. 71AA(1) (which were substituted by Criminal justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 3(a)) repealed (1.10.1992 (E.W.)) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 71, 101(2), 102(2), Sch. 9, para. 2(b), Sch. 13 ; S.I. 1992/333; art. 2(2), Sch. 2; and repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 3(1), 26(2), Sch. 3; S.I. 1991/2719, art. 2, Sch. (with art. 3(1)) | |
Words in s. 71AA(1) substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 3(a) | |
Words in s. 71AA(1) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 3(1); S.I. 1991/2719, art. 2 (with art. 3(1)) and repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 101(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2 | |
Words in s. 71AA(1) substituted (1.10.1992 (E.W.)) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 71, 102(2), Sch. 9 para. 2(a); S.I. 1992/333, art. 2(2), Sch. 2 | |
S. 71AA(1A) (which was inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 3(b)) repealed (1.10.1992 (E.W.)) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 71, 101(2), 102(2), Sch. 9, para. 2(b), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2; and repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 3(2), 26(2), Sch. 3; S.I. 1991/2719, art. 2, Sch. (with art. 3(1)) | |
S. 71AA(1AA) inserted (1.10.1992 (E.W.)) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 71, 102(2), Sch. 9, para. 2(c); S.I. 1992/333, art. 2(2), Sch. 2 | |
S. 71AA(1B) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8, para. 3(b) | |
Words in s. 71AA(1B) substituted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 3(3); S.I. 1991/2719, art. 2 (with art. 3(1)) | |
Words in s. 71AA(2) repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 26(1)(2), Sch. 2 para. 1, Sch. 3; S.I. 1991/2719, art. 2, Sch. (with art. 3(1)) | |
S. 71AA(5) substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para.5(2) | |
S. 71AA(6)(a) substituted (E.W.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s.123(6), Sch. 8 para. 4(a) | |
Words in s. 71AA(6)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 10 | |
S. 71AA(6)(b) substituted (S.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 124(4),Sch. 9 para. 2(a) | |
S. 71AA(6A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para.3(d) | |
Words in s. 71AA(6A) substituted (1.10.1997) by 1997 c. 43, s. 55(2), Sch. 4 para. 1(3); S.I. 1997/2200, art. 2(1)(l)(2)(a) (subject to art. 5) | |
S. 71AA(6B) repealed (1.10.1993) by 1993 c. 9, s. 47(3), Sch. 7 Pt. I; S.I. 1993/2050, art. 3(4) | |
[71AB. — (1) This section applies where a court— (2) It shall be the duty of the court— (3) Where a court makes a custodial order and, in accordance with its duty under subsection (2) above, makes the statement required by paragraph (a) of that subsection, the matters stated shall be specified in the order (made under Imprisonment and Detention Rules) pursuant to which the offender is committed into custody.]
(a)
makes a custodial order under section 71AA of this Act, or
(b)
passes a sentence of custody for life under section 71A(1B) of this Act.
(a)
to state in open court and to record in the proceedings that it is satisfied that the offender qualifies for a custodial sentence under one or more of the paragraphs of subsection (1F) of section 71A of this Act, the paragraph or paragraphs in question, and why it is so satisfied; and
(b)
to explain to the offender in open court and in ordinary language why it is passing a custodial sentence on him.
S. 71AB inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 4(1); S.I. 1991/2719, art. 2 | |
[F163 71B. it may make an order fixing a further consecutive term of imprisonment [F165 or detention] F166 which the said person is to undergo if any part of the fine is not dulypaid or recovered on or before the date on which he could otherwise be released. [F167 (2) Subject to subsections (4) and (5) below, the Table in [F168 section 139(4) of the Powers of Criminal Courts (Sentencing) Act 2000] (maximum periods of imprisonment for default inpayment of fines etc.), as [F169 for the time being in force] , shall have effect for the purpose of determining the maximum periods of further imprisonment or detention that may be specified under subsection (1) abovefor fines of the amounts set out in that Table.] (3) Where the whole amount of the said fine is paid or recovered in the prescribed manner the order undersubsection (1) above shall cease to have effect, and the person subject to it shall be released unless heis in custody for some other cause. (4) Where part of the said amount is paid or recovered in the prescribed manner, the period of the furtherterm of imprisonment [F170 or detention] specified under subsection (1) above shall be reduced by such number of days as bears to the totalnumber of days in that period less one day the same proportion as the amount so paid or recovered bears tothe amount of the said fine. (5) In calculating the reduction required under the last preceding subsection any fraction of a day shallbe left out of account. [F171 (5A) An order imposing a term of detention under this section shall be given effect as if it were a custodialorder under section 71AA above.] (6) In this section, references to the due recovery of any amount include references to deductions from payunder Part III of this Act, but do not include references to amounts forfeited under the said Part III.]
Power to impose imprisonment for default in payment of fines.
— (1) Subject to the provisions of this section, if a court-martial imposes a fine on a person found guiltyof any offence—(a)
who is sentenced to imprisonment on the same occasion for the same or another offence or,
(b)
who is already serving or otherwise liable to serve a term of imprisonment, [F164 or
(c)
in respect of whom the court makes an order under section 71AA above on the same occasion for the sameor another offence, or
(d)
who is already serving or otherwise liable to serve a period of detention under such an order,]
S. 71B inserted by Armed Forces Act 1976 (c. 52), Sch. 6 para. 1 | |
S. 71B(1)(c)(d) and word “or" immediately preceding it inserted by Criminal JusticeAct 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 4(1)(a) | |
Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para.4(1)(b) | |
Words repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(2), Sch. 2 | |
S. 71B(2) substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 5 | |
Words in s. 71B(2) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 11 | |
Words in s. 71B(2) substituted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1), Sch. 2 para. 2; S.I. 1991/2719, art. 2 | |
Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para.4(1)(b) | |
S. 71B(5A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para.4(1)(c) | |
Power to arrest offenders.
— (1) Any person subject to military law found committing an offence against any provision of this Act, oralleged to have committed or reasonably suspected of having committed any such offence, may be arrested inaccordance with the following provisions of this section.Provided that a person shall not be arrested by virtue of this subsection except by a person ofsuperior rank.
Provided that an officer shall not be arrested by virtue of this subsection except on the order ofanother officer.
[F174 Custody
S. 75-75E and the preceding cross heading substituted (2.10.2000) for s. 75 by 2000 c. 4, s. 1(1); S.I. 2000/2366, art. 2 | |
F175 75. (2) If at any time the commanding officer of a person who is kept in military custody without being charged— it shall be the duty of the commanding officer, subject to subsection (3) below, to order his immediate release from military custody. (3) A person who appears to his commanding officer to have been unlawfully at large when he was arrested is not to be released under subsection (2) above. (4) For the purposes of this section and sections 75A to 75K of this Act a person is to be treated as charged with an offence when he is informed in accordance with regulations of the Defence Council that a charge is to be reported to his commanding officer under section 76(1) of this Act.]
Limitations on custody without charge.
— (1) A person arrested under section 74 of this Act shall not be kept in military custody without being charged except in accordance with sections 75A to 75C of this Act.(a)
becomes aware that the grounds for keeping that person in military custody have ceased to apply; and
(b)
is not aware of any other grounds on which continuing to keep that person in military custody could be justified under the provisions of this Act,
Ss. 75-75E and the preceding cross-heading substituted (2.10.2000) for s. 75 by 2000 c. 4, s. 1(1); S.I. 2000/2366, art. 2 | |
F176 75A. shall be reported as soon as practicable to his commanding officer. (2) Until such a report is made, the person may be kept in military custody without being charged, but only if the person who made the arrest has reasonable grounds for believing that keeping him in military custody without charge is necessary— (3) After receiving a report under subsection (1) above the commanding officer shall as soon as practicable determine— and the person to whom the report relates may be kept in military custody for such period as is necessary to enable the commanding officer to make that determination. (4) If in relation to the person to whom the report relates the commanding officer has reasonable grounds for believing— he may authorise the keeping of that person in military custody. (5) An authorisation under subsection (4) above— (6) A person shall not be kept in military custody later than 48 hours after the relevant time without being charged except in accordance with section 75C of this Act. (7) In this Act “the relevant time" in relation to a person arrested under section 74 of this Act means the time of the arrest.
Authorisation of custody without charge.
— (1) Where a person is arrested under section 74 of this Act—(a)
the arrest, and
(b)
any grounds on which he is being kept in military custody without being charged,
(a)
to secure or preserve evidence relating to an offence for which he is under arrest, or
(b)
to obtain such evidence by questioning him.
(a)
whether the requirements of subsection (4) below are satisfied, and
(b)
if so, whether to exercise his powers under that subsection;
(a)
that keeping him in military custody without being charged is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him, and
(b)
that the investigation is being conducted diligently and expeditiously,
(a)
if given less than 12 hours after the relevant time, shall end not more than 12 hours after the relevant time;
(b)
if given not less than 12 but less than 36 hours after the relevant time, shall end not more than 36 hours after the relevant time;
(c)
if given not less than 36 but less than 48 hours after the relevant time, shall end not more than 48 hours after the relevant time.
F177 75B. (2) Subsections (4) and (5) of section 75A of this Act shall apply on each review under this section as they apply where a report is received under subsection (1) of that section. (3) A review may be postponed— (4) If a review is postponed under subsection (3) above—
Review of custody by commanding officer.
— (1) The commanding officer of a person kept in military custody in accordance with section 75A of this Act shall, subject to subsection (3) below, review the keeping of that person in military custody not later than the end of the period for which it is authorised.(a)
if, having regard to all the circumstances prevailing at the expiry of the last authorisation under subsection (4) of that section, it is not practicable to carry out the review at that time;
(b)
without prejudice to the generality of paragraph (a) above— (i) if at that time the person in military custody is being questioned and the commanding officer is satisfied that an interruption of the questioning for the purpose of carrying out the review would prejudice the investigation in connection with which he is being questioned; or (ii) if at that time the commanding officer is not readily available.
(a)
it shall be carried out as soon as practicable after the expiry of the last authorisation under section 75A(4) of this Act, and
(b)
the keeping in military custody of the person to whom the review relates shall by virtue of this paragraph be authorised until that time.
S. 75-75E and the preceding cross-heading substituted (2.10.2000) for s. 75 by 2000 c. 4, s. 1(1); S.I. 2000/2366, art. 2 | |
F178 75C. (2) A judicial officer may not hear an application under this section unless the person to whom it relates— (3) The person to whom the application relates shall be entitled to be legally represented at the hearing and, if he is not so represented but wishes to be so represented— (4) For the purposes of this section, the continued keeping of a person in military custody is justified only if— (5) Subject to subsection (7) below, an application under this section may be made— (6) Where subsection (5)(b) above applies, an authorisation on a review under section 75B of this Act may be for a period ending more than 48 hours after the relevant time, but may not be— (7) If— the judicial officer shall refuse the application. (8) Where on an application under this section relating to any person the judicial officer is not satisfied that there are reasonable grounds for believing that continuing to keep that person in military custody is justified, he shall— (9) The person to whom the application relates may be kept in military custody during the adjournment. (10) The period for which a judicial officer, on an application under this section, may authorise the keeping of a person in military custody shall be such period, ending not more than 96 hours after the relevant time, as he thinks fit having regard to the evidence before him. (11) Where a judicial officer refuses an application under this section at any time less than 48 hours after the relevant time, he may direct that the person to whom it relates forthwith be charged or released from military custody. (12) Where a judicial officer refuses an application under this section at any later time, he shall direct that the person to whom it relates forthwith be charged or released from military custody.
Extension of custody without charge.
— (1) If, on an application by the commanding officer of a person arrested under section 74 of this Act, a judicial officer is satisfied that there are reasonable grounds for believing that the continued keeping of that person in military custody is justified, the judicial officer may by order authorise the keeping of that person in military custody.(a)
has been informed in writing of the grounds for the application, and
(b)
has been brought before him for the hearing.
(a)
the judicial officer shall adjourn the hearing to enable him to obtain representation, and
(b)
he may be kept in military custody during the adjournment.
(a)
keeping him in custody without charge is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him, and
(b)
the investigation is being conducted diligently and expeditiously.
(a)
at any time before the end of 48 hours after the relevant time; or
(b)
if it is not practicable for the application to be heard at the expiry of that period, as soon as practicable thereafter but not more than 96 hours after the relevant time.
(a)
for a period of more than six hours, or
(b)
for a period ending more than 96 hours after the relevant time.
(a)
an application under this section is made more than 48 hours after the relevant time, and
(b)
it appears to the judicial officer that it would have been reasonable for the commanding officer to make the application before the end of that period,
(a)
refuse the application, or
(b)
adjourn the hearing of it until a time not later than 48 hours after the relevant time.
S. 75-75E and the preceding cross-heading substituted (2.10.2000) for s. 75 by 2000 c. 4, s. 1(1); S.I. 2000/2366, art. 2 | |
F179 75D. as they apply where a person is arrested under section 74 of this Act, subject to such modifications as the Secretary of State may by regulations made by statutory instrument prescribe. (2) In those cases references to the relevant time are— (3) Regulations under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Custody without charge: other cases.
— (1) Sections 75 to 75C of this Act apply—(a)
where a person is delivered into military custody under section 187(2) or (3), 188(2) or 190A(3) of this Act or under Schedule 2 to the M18 Reserve Forces Act 1996, and
(b)
in any other case where a person arrested by a constable is delivered into military custody,
(a)
in relation to a person delivered into military custody following arrest under section 186 or 190A of this Act or paragraph 2 of Schedule 2 to the 1996 Act or otherwise following arrest by a constable, references to the time of the arrest;
(b)
in relation to a person delivered into military custody following surrender under section 188 of this Act or paragraph 6 of that Schedule, references to the time of the surrender.
F180 75E. (2) Any reference in sections 75A to 75C of this Act to a period of time is to be treated as approximate only.]
Custody without charge: supplementary.
— (1) The Defence Council may by regulations make provision with respect to—(a)
the delegation by the commanding officer of a person in military custody of any of the commanding officer’s functions under sections 75 to 75C of this Act;
(b)
circumstances in which a person kept in military custody without being charged is to be informed of, or given an opportunity to make representations about, any matter;
(c)
the keeping of written records relating to compliance with any requirement of sections 75 to 75C of this Act or of regulations under paragraph (b) above.
S. 75-75E and the preceding cross-heading substituted (2.10.2000) for s. 75 by 2000 c. 4, s. 1(1); S.I. 2000/2366, art. 2 | |
[F181 75F. (2) Where the accused is brought before a judicial officer in accordance with subsection (1) above, the judicial officer may by order authorise the keeping of the accused in military custody, but only if— (3) In taking the decision required by subsection (2)(a) above, the judicial officer shall have regard to such of the following considerations as appear to him to be relevant— as well as to any others which appear to be relevant. (4) If— the judicial officer shall state the reasons for his decision and shall cause those reasons to be included in the record of the proceedings. (5) Subsection (4) above applies to any offence under section 70 of this Act where the corresponding civil offence is— (6) The period for which a judicial officer may, by an order under subsection (2) above, authorise the keeping of the accused in military custody shall be such period, ending (subject to section 75G(7) of this Act) not later than 8 days after the day on which the order is made, as he thinks fit having regard to the evidence before him. (7) An order under subsection (2) above does not authorise the keeping of the accused in military custody— (8) Subsection (1) above does not apply where the accused is charged at a time when he is kept in military custody by reason of an award or sentence under this Act or of an order under subsection (2) above, unless that reason ceases to apply.]
Custody after charge.
— (1) Where a person subject to military law ( “the accused") is kept in military custody after being charged with an offence against any provision of this Part of this Act, he shall be brought before a judicial officer as soon as practicable.(a)
the judicial officer is satisfied that there are substantial grounds for believing that the accused, if released from military 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)
the judicial officer is satisfied that the accused should be kept in military custody for his own protection or, if he is under 17 years of age, for his own welfare;
(c)
the judicial officer is satisfied that it has not been practicable to obtain sufficient information for the purpose of taking the decisions required by this subsection for want of time since the accused was charged with the offence; or
(d)
the accused, having been released from military custody after being charged with the offence, has deserted or absented himself without leave.
(a)
the nature and seriousness of the alleged offence (and the probable method of dealing with the accused for it),
(b)
the character, antecedents, associations and social ties of the accused,
(c)
the accused’s behaviour on previous occasions while charged with an offence and released from military custody or while on bail in criminal proceedings,
(d)
the strength of the evidence that the accused committed the offence,
(a)
the accused is charged with an offence to which this subsection applies;
(b)
representations are made as to any of the matters mentioned in subsection (2)(a) above; and
(c)
the judicial officer decides not to authorise the keeping of the accused in military custody,
(a)
murder;
(b)
manslaughter;
(c)
rape;
(d)
attempted murder; or
(e)
attempted rape.
(a)
if the accused is subsequently released from military custody, at any time after his release; or
(b)
at any time after the award of punishment on summary dealing with the charge or any amended or substituted charge.
S. 75F inserted (2.10.2000) by 2000 c. 4, s. 2(1); S.I. 2000/2366, art. 2 | |
[F182 75G. (2) If at any time it appears to the accused’s commanding officer that the grounds on which such an order was made have ceased to exist, he shall— (3) Where a request is made under subsection (2) above, a review shall be carried out as soon as practicable. (4) Subsections (2) to (6) of section 75F of this Act apply on a review as they apply where the accused is brought before a judicial officer under subsection (1) of that section. (5) At the first review the accused may support an application for release from military custody with any argument as to fact or law that he desires (whether or not he has advanced that argument previously). (6) At subsequent reviews the judicial officer need not hear arguments as to fact or law which have been heard previously. (7) On a review at a hearing at which the accused is legally represented, the judicial officer may, if the accused consents, authorise the keeping of the accused in military custody for a period of not more than 28 clear days. (8) In this section “review" means a review under subsection (1) above.]
Review of custody after charge.
— (1) Where the keeping of the accused in military custody is authorised by an order under section 75F(2) of this Act, it shall be reviewed by a judicial officer not later than the end of the period for which it is authorised.(a)
release the accused from military custody, or
(b)
request a review.
S. 75G inserted (2.10.2000) by 2000 c. 4, s. 3(1); S.I. 2000/2366, art. 2 | |
[F183 75H. (2) In relation to a review before the announcement of the court-martial’s finding on the charge or every charge against the accused, references to a judicial officer shall have effect as references to the judge advocate. (3) In section 75F(2), after paragraph (d) there shall be inserted—“;or (4) Section 75F(3)(d) does not apply in the case of an accused who is awaiting sentence. (5) An order under section 75F(2) does not authorise the keeping of the accused in military custody after he is sentenced by the court-martial. (6) Subsection (1) above shall cease to apply (but without prejudice to any order already made by virtue of that subsection) if the court-martial is dissolved.]
Custody during court-martial proceedings.
— (1) Where the accused is kept in military custody under an order under section 75F(2) of this Act at any time after the commencement of his trial by court-martial, section 75G of this Act (and section 75F as applied by that section) shall apply with the following modifications.(e)
the accused’s case has been adjourned for inquiries or a report and it appears to the judicial officer that it would be impracticable to complete the inquiries or make the report without keeping the accused in military custody. "
S. 75H inserted (2.10.2000) by 2000 c. 4, s. 4(1); S.I. 2000/2366, art. 2 | |
[F184 75J. (2) Where this section applies, the accused— (3) A person on whom a requirement has been imposed under subsection (2)(b) above is guilty of an offence if he fails without reasonable cause to attend any hearing to which the requirement relates. (4) A person guilty of an offence under this section shall be liable on conviction by court-martial to imprisonment for a term not exceeding two years or any less punishment provided by this Act.]
Release from custody after charge or during proceedings.
— (1) This section applies where, at a hearing under section 75F(1) of this Act or on a review under section 75G(1) of this Act, the judicial officer or judge advocate (as the case may be) does not authorise keeping the accused in military custody.(a)
subject to paragraph (b) below, shall be released from military custody forthwith, but
(b)
if he is subject to military law only by virtue of section 131 or 205(1)(ea), (eb), (g) or (h) of this Act, may be required to comply, before release or later, with such requirements as appear to the judicial officer or judge advocate (as the case may be) to be necessary for the purpose of securing his attendance at any hearing in connection with the offence to which the charge relates.
S. 75J inserted (2.10.2000) by 2000 c. 4, s. 5(1); S.I. 2000/2366, art. 2 | |
[F185 75K. may, if satisfied that taking the accused into military custody is justified, give orders for his arrest. (2) Subject to subsection (4) below, subsection (3) below applies between the commencement of the trial of the accused by court-martial and the announcement of the court-martial’s finding on the charge or every charge against the accused. (3) Where this subsection applies, the judge advocate, if satisfied that taking the accused into military custody is justified, may direct the arrest of the accused; and any person with power to arrest the accused for an offence against a provision of this Act shall have the same power, exercisable in the same way, to arrest him pursuant to a direction under this subsection. (4) Subsection (3) above shall cease to apply (but without prejudice to any direction already given by virtue of that subsection) if the court-martial is dissolved. (5) For the purposes of this section, taking the accused into military custody is justified if there are substantial grounds for believing that, if not taken into military custody, he would— (6) Taking the accused into military custody is also justified for the purposes of this section if— (7) A person arrested under subsection (1) above, if kept in military custody— (8) A person arrested under subsection (3) above—
Arrest during proceedings.
— (1) Except where subsection (3) below applies, the commanding officer of a person subject to military law ( “the accused") who—(a)
has been charged with, or is awaiting sentence for, an offence against any provision of this Part of this Act, and
(b)
is not in military custody,
(a)
fail to attend any hearing in the proceedings against him,
(b)
commit an offence,
(c)
injure himself, or
(d)
interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person.
(a)
the accused is subject to military law only by virtue of section 131 of this Act, and
(b)
he has failed to attend any hearing in the proceedings against him.
(a)
shall be treated as being in military custody under an order under section 75F(2) of this Act, and
(b)
shall be brought as soon as practicable before a judicial officer to be dealt with as on a review under section 75G(1) of this Act.
(a)
shall be treated as being in military custody under an order under section 75F(2) of this Act, and
(b)
shall be brought as soon as practicable before the judge advocate on whose direction the arrest was made (unless already before him), and shall be dealt with by him as on a review under section 75G(1) of this Act.]
[F186 75L. (2) No person shall be appointed under this section unless— [F189 (3) In subsection (2)(c), “relevant judicial appointment", in relation to a Commonwealth country or colony, means an appointment by virtue of which he is capable of exercising, in criminal proceedings in that country or colony, functions similar to the functions exercisable, in criminal proceedings in England and Wales, by a judge of the Supreme Court, a Circuit judge or a District Judge (Magistrates’ Courts).]]
Judicial officers.
— (1) Judicial officers shall be appointed for the purposes of this Act by the Judge Advocate General.(a)
he is qualified under section 84B(2) of this Act for appointment as the judge advocate in relation to a court-martial, F187 . . .
(b)
he has, and has had for at least five years, in any Commonwealth country or any colony rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules [F188 or
(c)
immediately before his appointment, he holds a relevant judicial appointment in any Commonwealth country or colony and has professional or educational qualifications in law which appear to the Judge Advocate General to be appropriate.]
S. 75L inserted (2.10.2000) by 2000 c. 4, s. 7(1); S.I. 2000/2366, art. 2 | |
Word in s. 75L(2)(a) repealed (1.10.2001) by 2001 c. 19, ss. 34, 38, Sch. 6 Pt. 6 para. 35(2), Sch. 7 Pt. 7; S.I. 2001/3234, art. 2 | |
S. 75L(2)(c) and word preceding it inserted (1.10.2001) by 2001 c. 19, s. 34, Sch. 6 Pt. 6 para. 35(2); S.I. 2001/3234, art. 2 | |
S. 75L(3) inserted (1.10.2001) by 2001 c. 19, s. 34, Sch. 6 Pt. 6 para. 35(3); S.I. 2001/3234, art. | |
Act amended (N.I.)(25.8.1996temp. until 15.6.1997) by 1996 c. 22, ss. 54(7)(a), 62
Act amended (9.11.1998) by 1998 c. 42, s. 21(5) (with ss. 7(8), 22(5))
Power to continue Act conferred by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 1(2)-(4)
Power to continue Act conferred (24.7.1996) by 1996 c. 46, s. 1(2) (subject to art. 1(3))
Act applied (with modifications) (prosp.) by 1968 c. 20, s. 16 (as substituted (prosp.) by 1996 c. 46, ss. 8, 36, Sch. 2 para. 6)
Act applied (with modifications) (prosp.) by 1968 c. 20, s. 23 (as substituted (prosp.) by 1996 c. 46, ss. 8, 36, Sch. 2 para. 9)
Act continued in force until 31.8.1996 by S.I. 1995/1964, art. 1
Act continued in force for twelve months beyond 31st August 1993 by 1993/1804, art.1
Act continued in force for twelve months beyond 31st August 1994 by virtue of S.I. 1994/1903, art. 1
Act continued in force for twelve months beginning on the date immediately following 31st August 1995 by virtue of S.I. 1995/1964, art. 1
Act shall expire (instead of expiring 31st August 1996) 31st August 1997 unless continued in force in accordance with s. 1(1) of thew amending Act by virtue of 1996 c. 46, s. 1(1)
Act continued in force for twelve months immediately following 31st August 1997 by virtue of S.I. 1997/1745, art. 2
Act continued in force for twelve months beyond 31st August 1998 by S.I. 1998/1499, art. 2
Act continued in force for a period of twelve months beginning on the day immediately following 31st August 1999 by S.I. 1999/1734, art. 2
Act continued in force for a period of twelve months beginning on the day immediately following 31st August 2000 by S.I. 2000/1814, art. 2