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365 | Definitions relating to police forces |
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(1) | In this Act “service police force” means— |
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(a) | the Royal Navy Police; |
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(b) | the Royal Marines Police; |
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(c) | the Royal Military Police; or |
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(d) | the Royal Air Force Police; |
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| and “service policeman” means a member of a service police force. |
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(2) | In this Act “UK police force” means— |
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(a) | the Ministry of Defence Police; |
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(b) | any police force maintained under section 2 of the Police Act 1996 (c. 16) |
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(police forces in England and Wales outside London); |
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(c) | the metropolitan police force; |
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(d) | the City of London police force; |
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(e) | any police force maintained under or by virtue of section 1 of the Police |
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(Scotland) Act 1967 (c. 77); |
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(f) | the Police Service of Northern Ireland; or |
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(g) | the Isle of Man Constabulary. |
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(3) | In this Act “British overseas territory police force” means any force or body |
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(a) | is constituted in a British overseas territory; and |
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(b) | is engaged in the carrying on of activities similar to any carried on by a |
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service police force or UK police force. |
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(4) | In this Act “overseas police force” means any force or body which— |
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(a) | is constituted outside the United Kingdom and the Isle of Man; and |
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(b) | is engaged in the carrying on of activities similar to any carried on by a |
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service police force or UK police force. |
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(5) | For the purposes of this Act— |
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(a) | a Provost Marshal is to be taken to be a member of the appropriate |
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service police force (if he is not a member of that force); |
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(b) | an officer in the Royal Air Force or the Royal Auxiliary Air Force who |
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is appointed to exercise functions conferred by or under this Act on |
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service policemen is to be taken to be a member of the Royal Air Force |
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366 | “Conviction”, “sentence” etc in relation to summary hearings and the SAC |
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(1) | Where a charge against a person in respect of an offence is heard summarily by |
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an officer, subsections (2) to (4) apply for the purposes of references in this Act |
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to conviction, acquittal, sentence or passing sentence, or to any related |
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(2) | If the officer records a finding that the charge has been proved, or the Summary |
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Appeal Court substitutes a finding that a charge in respect of another offence |
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has been proved, that shall be treated as a conviction. |
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(3) | Any punishment awarded by the officer, or by the Summary Appeal Court, |
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shall be treated as a sentence. |
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(4) | If the officer dismisses the charge under section 130, or the Summary Appeal |
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Court quashes a finding that the charge has been proved, that shall be treated |
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(5) | In this Act “in open court”, in relation to a summary hearing by an officer, |
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means in the presence of the offender. |
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367 | Further interpretive provisions |
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(1) | For the purposes of any provision of this Act which requires the determination |
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of the age of a person by the court, an officer or a judge advocate, his age is to |
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be taken to be that which it appears to the court, officer or judge advocate to be |
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after considering any available evidence. |
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(2) | Any reference in this Act to an offence punishable with imprisonment shall be |
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construed without regard to any prohibition or restriction imposed on the |
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imprisonment of young offenders. |
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(3) | The question whether a member of a regular or reserve force (“force A”) is for |
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the purposes of any provision of this Act of inferior, equal or superior rank or |
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rate to a member of any other such force (“force B”) is to be decided by |
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reference to any provision made by Queen’s Regulations which lays down |
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how the ranks or rates in force A relate to the ranks or rates in force B. |
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(4) | For the purposes of this Act, a person is subject to an additional duties |
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(a) | he has entered into such a commitment; and |
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(b) | the commitment is still in force. |
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(5) | Any reference in this Act to a specified level on the standard scale is to the |
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amount specified, in relation to that level, in the standard scale for the time |
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being set out in section 37 of the Criminal Justice Act 1982 (c. 48). |
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(6) | Any reference in this Act to the statutory maximum is to the prescribed sum |
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within the meaning of section 32 of the Magistrates’ Courts Act 1980 (c. 43). |
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(7) | But subsections (5) and (6) do not apply in relation to any offence in Scotland |
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or Northern Ireland under— |
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(b) | regulations made by virtue of section 325(4)(b) or 337(5)(b). |
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368 | Minor and consequential amendments and repeals |
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(1) | Schedule 14 (minor and consequential amendments) has effect. |
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(2) | The enactments specified in Schedule 15 are hereby repealed to the extent |
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369 | Power to make further amendments and repeals |
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(1) | The Secretary of State may by order— |
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(a) | amend or repeal any enactment passed before or in the same session as |
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(b) | amend or revoke subordinate legislation made before the passing of |
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(a) | “enactment” includes an Act of the Scottish Parliament and Northern |
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(b) | the reference to subordinate legislation includes an instrument made |
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under such an Act or under Northern Ireland legislation. |
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(3) | An order under subsection (1) may be made only for the purposes of— |
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(a) | supplementing or giving full effect to this Act; or |
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(b) | making provision consequential on the passing of this Act. |
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370 | Power to make transitional and transitory provision |
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(1) | The Secretary of State may by order make transitional provision in connection |
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with the coming into force of any provision made by or under this Act, |
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including savings from the effect of any repeal or revocation so made. |
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(2) | An order under subsection (1) may in particular make provision— |
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(a) | about the effect of liabilities incurred and other things done before |
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commencement, including provision for and about the investigation, |
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trial and punishment of offences committed before commencement; |
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(b) | for and about the continuation of any proceedings begun before |
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(c) | about the punishments and orders available to courts or other persons |
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before whom proceedings take place in respect of offences committed |
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(d) | about the effect of punishments awarded and orders made in respect of |
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offences committed before commencement. |
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(3) | An order under subsection (1) may— |
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(a) | confer jurisdiction on any court; |
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(b) | confer functions on a person’s commanding officer, the Director of |
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Service Prosecutions, the prosecuting authority within the meaning of |
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any of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 |
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(3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53), or on service |
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(c) | confer powers of arrest, search and entry; |
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(d) | authorise the keeping of persons in service custody, and the imposition |
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of requirements on release from service custody (including provision |
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applying section 107(5) and (6) with or without modifications). |
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(4) | The Secretary of State may by order provide that— |
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(a) | until the coming into force of any enactment specified in the order, or |
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(b) | in relation to any offence committed or other thing done before the |
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coming into force of such an enactment, |
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| any provision of this Act or amended by or under this Act has effect with such |
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modifications as may be specified by the order. |
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(5) | If any provision made by or under this Act is to come into force before the day |
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on which section 61 of the Criminal Justice and Court Services Act 2000 (c. 43) |
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(abolition of certain custodial sentences for young offenders) comes into force |
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(or fully into force), an order under subsection (4) may provide for custodial |
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punishments specified in the order to be available in respect of offenders who |
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are convicted aged 18 or over but under 21. |
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(6) | The powers conferred by this section may not be exercised so as to allow the |
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imposition in respect of an offence of a punishment more severe than that |
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which was applicable when the offence was committed. |
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(7) | An order under this section may modify, exclude or apply (with or without |
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modifications) any enactment or subordinate legislation, including— |
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(a) | any provision of or made under this Act; |
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(b) | any provision repealed by this Act. |
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(8) | A saving under this section of any provision of the Army Act 1955 (3 & 4 Eliz. 2 |
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c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act |
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1957 (c. 53) is unaffected by section 371(1). |
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(9) | In this section “commencement” means the commencement of such provisions |
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of this Act as may be specified by the order. |
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371 | Duration of SDAs and this Act |
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(1) | An Act listed in subsection (2) expires at the end of five years beginning with |
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the day on which this Act is passed, unless the repeal of that Act by this Act is |
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brought into force before that time. |
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the Naval Discipline Act 1957. |
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(3) | This Act expires at the end of five years beginning with the day on which it is |
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(1) | This section and sections 363, 371, 373 and 375 come into force on the day on |
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which this Act is passed. |
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(2) | The other provisions of this Act come into force on such day as the Secretary of |
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State may by order appoint (and different days may be appointed for different |
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373 | Extent to Channel Islands, Isle of Man and British overseas territories |
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(1) | Her Majesty may by Order in Council provide for all or any of the provisions |
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of this Act to extend to any of the Channel Islands with such modifications as |
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may be specified in the Order. |
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(b) | the British overseas territories, |
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| subject to such modifications as Her Majesty may by Order in Council specify. |
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