|
| |
| |
361 | References to members of the regular forces |
| |
(1) | Subsections (2) and (3) apply for the purposes of this Act. |
| |
(2) | A person recalled to service under— |
| |
(a) | any provision of the Reserve Forces Act 1980 (c. 9) or the Reserve Forces |
| |
| 5 |
(b) | any other recall obligation of an officer, |
| |
is to be regarded as being a member of the regular forces from acceptance into |
| |
service to release or discharge. |
| |
(3) | Subject to subsection (2), an officer who is not on the active list is not to be |
| |
regarded as being a member of the regular forces. |
| 10 |
(4) | For the purposes of subsection (3), an officer is on the active list if (and only if) |
| |
any of the following provides that an officer of his description is on such a |
| |
| |
| |
| 15 |
(c) | an order under section 2 of the Air Force (Constitution) Act 1917 (c. 51). |
| |
362 | Members of British overseas territories’ forces serving with UK forces |
| |
(1) | While a member of a British overseas territory force is undertaking any duty |
| |
with or training with a regular or reserve force (“the relevant force”)— |
| |
(a) | subsection (2) applies to him; and |
| 20 |
(b) | nothing in section 353 (power of British overseas territory to apply this |
| |
Act, etc) applies in relation to him. |
| |
(2) | A person to whom this subsection applies— |
| |
(a) | is subject to service law; and |
| |
(b) | shall (subject to subsection (3)) be treated as if he were a member of the |
| 25 |
relevant force of relative rank or rate. |
| |
(3) | The Secretary of State may by order modify any provision of this Act in its |
| |
application to a member of a British overseas territory force who is or has been |
| |
| |
| 30 |
“British overseas territory force” means any of Her Majesty’s forces that is |
| |
raised under the law of a British overseas territory; |
| |
“relative rank or rate”, in relation to a person to whom subsection (2) |
| |
applies, means such rank or rate of the relevant force as may be |
| |
prescribed by Queen’s Regulations for a person of his description. |
| 35 |
Civilians subject to service discipline |
| |
363 | Civilians subject to service discipline |
| |
(1) | In this Act “civilian subject to service discipline” means a person who— |
| |
(a) | is not subject to service law; and |
| |
(b) | is within any paragraph of Part 1 of Schedule 15. |
| 40 |
(2) | Part 2 of Schedule 15 (exclusion and definitions relating to Part 1) has effect. |
| |
| |
| |
|
| |
| |
| |
| |
(1) | The Secretary of State may by regulations provide that such references in this |
| |
| |
| 5 |
(b) | to an officer of a particular description, |
| |
as may be prescribed by the regulations include references to a naval chaplain |
| |
or to a naval chaplain of a description prescribed by the regulations. |
| |
(2) | The regulations may make such modifications of this Act as appear |
| |
appropriate in consequence of the fact that naval chaplains do not have a rank. |
| 10 |
(3) | In this section “naval chaplain” means a chaplain in the Royal Navy, the Royal |
| |
Fleet Reserve or the Royal Naval Reserve. |
| |
| |
Other Supplementary Provisions |
| |
365 | Evidence in proceedings before civilian courts |
| 15 |
The Secretary of State may by regulations make provision with respect to |
| |
evidence, including the admissibility of evidence, in proceedings for an offence |
| |
created by or under this Act before a civilian court in— |
| |
(a) | any part of the United Kingdom; |
| |
| 20 |
(c) | a British overseas territory. |
| |
366 | Orders, regulations and rules |
| |
(1) | Any power to make orders, regulations or rules conferred by this Act on the |
| |
Secretary of State is exercisable by statutory instrument. |
| |
| 25 |
the Defence Council to make regulations are exercisable by statutory |
| |
instrument; and the Statutory Instruments Act 1946 (c. 36) applies in relation to |
| |
those powers as if the Defence Council were a Minister of the Crown. |
| |
(3) | A statutory instrument containing— |
| |
(a) | an order under section 53, 89, 322(2)(h) or 372, |
| 30 |
(b) | an order under section 113 except one that amends Schedule 2 only by |
| |
| |
(c) | an order under section 321 which by virtue of section 321(4)(c) makes |
| |
any provision adding to, replacing or omitting any part of the text of an |
| |
| 35 |
(d) | rules under section 245, |
| |
| may not be made unless a draft of the instrument has been laid before, and |
| |
approved by resolution of, each House of Parliament. |
| |
(4) | Any other statutory instrument, except one containing only an order under any |
| |
of sections 374 to 376, shall be subject to annulment in pursuance of a resolution |
| 40 |
of either House of Parliament. |
| |
| |
| |
|
| |
| |
(5) | Any order, regulations or rules made under this Act may— |
| |
(a) | contain incidental, supplemental, consequential, transitional, |
| |
transitory and saving provision; |
| |
(b) | make different provision for different cases. |
| |
(6) | Where a provision of this Act confers a power to make an order containing |
| 5 |
provision equivalent to a provision of PACE, the order may apply that |
| |
provision of PACE with modifications. |
| |
| |
| |
367 | Definitions applying for purposes of whole Act |
| 10 |
In this Act, unless the context otherwise requires— |
| |
“the 2003 Act” means the Criminal Justice Act 2003 (c. 44); |
| |
“absolute discharge” has the meaning given by section 184; |
| |
“additional duties commitment” means a commitment entered into under |
| |
section 25 of the Reserve Forces Act 1996 (c. 14), and references to a |
| 15 |
person being subject to such a commitment are to be read in accordance |
| |
with section 370(4) of this Act; |
| |
“aircraft” means any machine capable of flight (whether or not propelled |
| |
by mechanical means), including any description of balloon; |
| |
“airman” means a person whose rank is junior technician, senior |
| 20 |
aircraftman, leading aircraftman or aircraftman; |
| |
“associated”, in relation to offences, is to be read in accordance with |
| |
section 161(1) of the Sentencing Act; |
| |
“British overseas territory police force” has the meaning given by section |
| |
| 25 |
“capable of being heard summarily”, in relation to a charge, is to be read |
| |
in accordance with section 52; |
| |
“civilian court” means a court of ordinary criminal jurisdiction; |
| |
“civilian subject to service discipline” has the meaning given by section |
| |
| 30 |
“commanding officer” is to be read in accordance with section 355; |
| |
“Commonwealth country” means a country, other than the United |
| |
Kingdom, that is a member of the Commonwealth; |
| |
“Commonwealth force” means a force of a Commonwealth country; |
| |
“community punishment” means— |
| 35 |
(a) | a service community order; or |
| |
(b) | an overseas community order; |
| |
“conditional discharge” has the meaning given by section 184; |
| |
“the corresponding offence under the law of England and Wales”, in |
| |
relation to an offence under section 42, has the meaning given by that |
| 40 |
| |
“the court administration officer” means the court administration officer |
| |
for the Court Martial, the Service Civilian Court and the Summary |
| |
Appeal Court appointed under section 357; |
| |
“Court Martial rules” has the meaning given by section 162(1); |
| 45 |
“the Crown Court” means the Crown Court in England and Wales; |
| |
| |
| |
|
| |
| |
“custodial sentence” means— |
| |
(a) | a sentence of imprisonment (as to which, see section 207); |
| |
(b) | a sentence of detention under section 208 (certain young |
| |
| |
(c) | an order under section 210 (detention and training for young |
| 5 |
| |
(d) | a sentence of detention during Her Majesty’s pleasure under |
| |
| |
(e) | a sentence of detention for public protection under section 226 |
| |
of the 2003 Act passed as a result of section 220 of this Act; or |
| 10 |
(f) | a sentence of detention under section 228 of that Act passed as |
| |
a result of section 221 of this Act; |
| |
“deserting” has the meaning given by section 8, and references to |
| |
desertion are to be read accordingly; |
| |
“the Director of Service Prosecutions” means the person appointed under |
| 15 |
| |
| |
(a) | all persons engaged in armed operations against any of Her |
| |
Majesty’s forces or against any force co-operating with any of |
| |
| 20 |
| |
(c) | all armed mutineers, armed rebels and armed rioters; |
| |
“an ex-regular reserve force” means the Royal Fleet Reserve, the Army |
| |
Reserve or the Royal Air Force Reserve; |
| |
“fit to stand trial” is to be read in accordance with section 165(2); |
| 25 |
“guardian” has the same meaning as in the Children and Young Persons |
| |
| |
“Her Majesty’s air forces”, “Her Majesty’s forces” and “Her Majesty’s |
| |
military forces” do not include any Commonwealth force; |
| |
“higher authority” has the meaning given by section 356; |
| 30 |
“judge advocate” means the Judge Advocate General or a person |
| |
appointed under section 30(1)(a) or (b) or (2) of the Courts-Martial |
| |
(Appeals) Act 1951 (c. 46) (assistants to the Judge Advocate General); |
| |
“mental disorder” has the same meaning as in the Mental Health Act 1983 |
| |
(c. 20) and “mentally disordered” is to be read accordingly; |
| 35 |
“minor punishment” means a punishment under row 7 of the Table in |
| |
section 131 or row 11 of the Table in section 163; |
| |
“non-commissioned officer” includes a person whose rate is chief petty |
| |
officer, petty officer or leading rate; |
| |
“officer” includes a midshipman; |
| 40 |
“overseas community order” has the meaning given by section 181; |
| |
“overseas police force” has the meaning given by section 368; |
| |
“PACE” means the Police and Criminal Evidence Act 1984 (c. 60); |
| |
“the prescribed sum” has the meaning given by section 32(9) of the |
| |
Magistrates’ Courts Act 1980 (c. 43); |
| 45 |
| |
(a) | real property in England, Wales or Northern Ireland; |
| |
(b) | heritable property in Scotland; |
| |
(c) | property outside the United Kingdom in the nature of real |
| |
| 50 |
| |
| |
|
| |
| |
“provost officer” means an officer who is a service policeman; |
| |
“the regular army” means any of Her Majesty’s military forces other |
| |
| |
| |
(b) | the Territorial Army; and |
| 5 |
(c) | forces raised under the law of a British overseas territory; |
| |
“the regular forces” means the Royal Navy, the Royal Marines, the regular |
| |
army or the Royal Air Force, and references to “a regular force” are to |
| |
| |
“the reserve forces” means the Royal Fleet Reserve, the Royal Naval |
| 10 |
Reserve, the Royal Marines Reserve, the Army Reserve, the Territorial |
| |
Army, the Royal Air Force Reserve or the Royal Auxiliary Air Force, |
| |
and references to “a reserve force” are to be read accordingly; |
| |
“SAC rules” has the meaning given by section 150(1); |
| |
“SCC rules” has the meaning given by section 287(1); |
| 15 |
“the Sentencing Act” means the Powers of Criminal Courts (Sentencing) |
| |
| |
“service community order” has the meaning given by section 177; |
| |
“service compensation order” has the meaning given by section 174; |
| |
“service detention” means detention under row 1 of the Table in section |
| 20 |
131 or row 4 of the Table in section 163; |
| |
“service offence” has the meaning given by section 50; |
| |
“service police force” and “service policeman” have the meanings given |
| |
| |
“the Service Prosecuting Authority” means the Director of Service |
| 25 |
Prosecutions and the persons appointed under section 359 (prosecuting |
| |
| |
“service supervision and punishment order” has the meaning given by |
| |
| |
“ship” includes a hovercraft and any description of vessel; |
| 30 |
“standard scale” is to be read in accordance with section 370(5) and (7); |
| |
“statutory maximum” is to be read in accordance with section 370(6) and |
| |
| |
“subject to service law” is to be read in accordance with sections 360 to 362 |
| |
of this Act and section 4(3)(a) (attached Commonwealth personnel) of |
| 35 |
the Visiting Forces (British Commonwealth) Act 1933 (c. 6); |
| |
“superior officer”, in relation to a person (“A”), means an officer, warrant |
| |
officer or non-commissioned officer who is subject to service law and— |
| |
(a) | is of superior rank or rate to A; or |
| |
(b) | is of equal rank or rate to A and is exercising authority as A’s |
| 40 |
| |
“suspended sentence of imprisonment” means a sentence to which an |
| |
order under section 189(1) of the 2003 Act relates; |
| |
“suspended sentence of service detention” has the meaning given by |
| |
| 45 |
“UK police force” has the meaning given by section 368; |
| |
“unfit to stand trial” is to be read in accordance with section 165(2); |
| |
“a volunteer reserve force” means the Royal Naval Reserve, the Royal |
| |
Marines Reserve, the Territorial Army or the Royal Auxiliary Air Force. |
| |
| |
| |
|
