Armed Forces Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Armed Forces Bill

Armed Forces Bill
Part 19 — Supplementary
Chapter 4 — Final Provisions
191

376
Extent to Channel Islands, Isle of Man and British overseas territories
(1)
Her Majesty may by Order in Council provide for all or any of the provisions
of this Act to extend to any of the Channel Islands with such modifications as
may be specified in the Order.
(2)
This Act extends to—
5
(a)
the Isle of Man, and
(b)
the British overseas territories,

subject to such modifications as Her Majesty may by Order in Council specify.
377
Extent of applied enactments
(1)
Where a provision of or made under an Act is applied by or under this Act (by
10
whatever words), the extent of the provision as so applied is not affected by
anything that limits the extent of the provision as it applies apart from this Act.
(2)
The provision as so applied is to be treated for the purposes of section 376 as if
it were contained in this Act.
378
Short title
15
This Act may be cited as the Armed Forces Act 2006.

192
Armed Forces Bill
Schedule 1 — Criminal conduct offences that may be dealt with at a summary hearing
Part 2 — Offences that may be dealt with only with permission

Schedules
Schedule 1
Sections 53, 54

Criminal conduct offences that may be dealt with at a summary hearing
Part 1
Offences that may be dealt with without permission
5
1
An offence under section 1 of the Theft Act 1968 (c. 60) (theft).
2
An offence under section 12 of that Act (taking vehicle etc without consent).
3
An offence under section 5(2) of the Misuse of Drugs Act 1971 (c. 38)
(possession of controlled drug).
4
An offence under section 1(1) of the Criminal Damage Act 1971 (c. 48)
10
(criminal damage).
5
An offence under section 3 of the Theft Act 1978 (c. 31) (making off without
payment) where the payment required or expected did not exceed £100.
6
An offence under section 9 of the Criminal Attempts Act 1981 (c. 47)
(interference with vehicles).
15
7
An offence under section 39 of the Criminal Justice Act 1988 (c. 33) (assault
and battery).
8
An offence under section 3 of the Road Traffic Act 1988 (c. 52) (careless
driving etc).
9
An offence under section 5 of that Act (driving a vehicle where driver has
20
consumed excessive amount of alcohol etc).
10
An offence under section 25 of that Act (tampering with vehicles etc) where
the vehicle was on a road.
11
An offence under section 28 of that Act (dangerous cycling).
12
An offence under section 29 of that Act (careless cycling etc).
25
Part 2
Offences that may be dealt with only with permission
13
An offence under section 47 of the Offences against the Person Act 1861
(c. 100) (assault occasioning actual bodily harm).
14
An offence under section 1 of the Prevention of Crime Act 1953 (c. 14)
30
(possession in public place of offensive weapon).

Armed Forces Bill
Schedule 2 — “Schedule 2 offences”
193

15
An offence under section 13 of the Theft Act 1968 (c. 60) (abstracting of
electricity).
16
An offence under section 139 of the Criminal Justice Act 1988 (c. 33)
(possession in public place of point or blade).
17
An offence under section 125 of the Communications Act 2003 (c. 21)
5
(dishonestly obtaining electronic communications services).
18
An offence under section 126 of that Act (possession or supply of apparatus
etc for contravening s.125 of that Act).
19
An offence under section 1 of the Fraud Act 2006 (fraud).
20
An offence under section 11 of that Act (dishonestly obtaining services).
10
Schedule 2
Sections 113, 116

“Schedule 2 offences”
1
An offence under section 1 (assisting an enemy).
2
An offence under section 2(1) (misconduct on operations).
3
An offence under section 3 (obstructing operations) which relates to an
15
action or operation against an enemy.
4
An offence under section 4(1) or (2) (looting).
5
An offence under section 6 (mutiny).
6
An offence under section 7 (failure to suppress mutiny).
7
An offence under section 8 (desertion) where subsection (5) of that section
20
applies.
8
An offence under section 31(1) or (2) (hazarding of ship).
9
An offence under section 33 (dangerous flying etc) where the offender is
reckless.
10
An offence under section 39 of attempting to commit an offence within any
25
of paragraphs 1 to 9.
11
An offence under section 40 of inciting another person to commit an offence
within any of paragraphs 1 to 9.
12
An offence under section 42 (criminal conduct) as respects which the
corresponding offence under the law of England and Wales is—
30
(a)
murder;
(b)
manslaughter;
(c)
kidnapping;
(d)
high treason;
(e)
piracy;
35
(f)
cheating the public revenue;
(g)
an offence under section 2 of the Treason Act 1842 (c. 51) (attempt to
injure or alarm the Sovereign);

Armed Forces Bill
Schedule 2 — “Schedule 2 offences”
194

(h)
an offence under section 3 of the Treason Felony Act 1848 (c. 12)
(compassing the deposition of the Sovereign etc);
(i)
an offence under section 4, 18, 22, 23, 28 or 29 of the Offences against
the Person Act 1861 (c. 100) (soliciting murder, wounding with
intent, using chloroform etc to commit indictable offence,
5
administering poison, causing injury by explosives, using explosives
etc with intent);
(j)
an offence under section 20 of that Act of inflicting grievous bodily
harm;
(k)
an offence under section 2 or 3 of the Explosive Substances Act 1883
10
(c. 3) (causing explosion likely to endanger life or property etc);
(l)
an offence under section 1 of the Public Bodies Corrupt Practices Act
1889 (c. 69) (corruption in office);
(m)
an offence under section 1 of the Prevention of Corruption Act 1906
(c. 34) (corrupt transactions with agents), other than an offence
15
falling within that section by virtue only of the third paragraph of
subsection (1) of that section;
(n)
an offence under section 1 or 2 of the Perjury Act 1911 (c. 6) (perjury
or false statements on oath);
(o)
an offence under section 1 or 7 of the Official Secrets Act 1911 (c. 28)
20
(spying or harbouring spies);
(p)
an offence under section 1 of the Infant Life (Preservation) Act 1929
(c. 34) (child destruction);
(q)
an offence under section 1 of the Children and Young Persons Act
1933 (c. 12) (cruelty to children);
25
(r)
an offence under section 1 of the Infanticide Act 1938 (c. 36)
(infanticide);
(s)
an offence under section 33 or 33A of the Sexual Offences Act 1956
(c. 69) (keeping a brothel etc);
(t)
an offence under section 1 of the Geneva Conventions Act 1957 (c. 52)
30
(grave breaches of conventions);
(u)
an offence under section 2 of the Suicide Act 1961 (c. 60) (assisting
suicide etc);
(v)
an offence under section 5, 16, 16A, 17, 18 or 20 of the Firearms Act
1968 (c. 27) (unlawful possession or use of firearm etc);
35
(w)
an offence under section 8, 10 or 21 of the Theft Act 1968 (c. 60)
(robbery, aggravated burglary, blackmail);
(x)
an offence under section 12A of that Act (aggravated vehicle taking)
involving an accident which caused the death of any person;
(y)
an offence under section 4, 5(3) or 8 of the Misuse of Drugs Act 1971
40
(c. 38) (production and supply of controlled drugs, possession of
such drugs with intent to supply, permitting production of such
drugs);
(z)
an offence under section 1(2) of the Criminal Damage Act 1971 (c. 48)
(destroying or damaging property with intent to endanger life);
45
(aa)
an offence under section 1 of the Biological Weapons Act 1974 (c. 6)
(developing biological agents etc);
(ab)
an offence under section 51 of the Criminal Law Act 1977 (c. 45)
(bomb hoaxes);
(ac)
an offence under section 1 of the Protection of Children Act 1978
50
(c. 37) (indecent photographs of children);

Armed Forces Bill
Schedule 2 — “Schedule 2 offences”
195

(ad)
an offence under section 170 of the Customs and Excise Management
Act 1979 (c. 2) (fraudulent evasion of duty etc);
(ae)
an offence under section 1 of the Taking of Hostages Act 1982 (c. 28)
(hostage-taking);
(af)
an offence under any of sections 1 to 4 of the Aviation Security Act
5
1982 (c. 36) (hijacking, destroying, damaging or endangering safety
of aircraft etc);
(ag)
an offence under section 1 or 2 of the Child Abduction Act 1984
(c. 37) (abduction of child);
(ah)
an offence under any of sections 1 and 18 to 23 of the Public Order
10
Act 1986 (c. 64) (riot, stirring up racial or religious hatred, possession
of inflammatory material);
(ai)
an offence under section 134 or 160 of the Criminal Justice Act 1988
(c. 33) (torture, possession of indecent photograph of child);
(aj)
an offence under section 1, 3A or 22A of the Road Traffic Act 1988
15
(c. 52) (causing death by dangerous driving, causing death by
careless driving when under the influence of drink or drugs, causing
danger to road-users);
(ak)
an offence under any of sections 1 to 6 or 8(6) of the Official Secrets
Act 1989 (c. 6) (disclosure of information relating to security,
20
intelligence, defence, international relations etc);
(al)
an offence under any of sections 1 or 9 to 13 of the Aviation and
Maritime Security Act 1990 (c. 31) (endangering safety at
aerodromes, offences against the safety of ships and fixed platforms);
(am)
an offence under section 72 of the Value Added Tax Act 1994 (c. 23)
25
(evasion of VAT);
(an)
an offence under Part II of the Channel Tunnel (Security) Order 1994
(S.I. 1994/570) (offences relating to Channel Tunnel trains and the
tunnel system);
(ao)
an offence under section 2 of the Chemical Weapons Act 1996 (c. 6)
30
(use etc of chemical weapons);
(ap)
an offence under section 11, 12, 15, 16, 17, 18, 38B, 39, 54, 56, 57 or 58
of the Terrorism Act 2000 (c.11);
(aq)
an offence under section 51 or 52 of the International Criminal Court
Act 2001 (c. 17) (genocide, crimes against humanity, war crimes etc);
35
(ar)
an offence under section 47, 79, 80, 113 or 114 of the Anti-terrorism,
Crime and Security Act 2001 (c. 24);
(as)
an offence under section 1 of the Dealing in Cultural Objects
(Offences) Act 2003 (c. 27) (dealing in tainted cultural objects);
(at)
any offence under Part 1 of the Sexual Offences Act 2003 (c. 42)
40
except one under section 3, 66, 67 or 71;
(au)
an offence under any of sections 1, 2, 5, 6 or 8 to 11 of the Terrorism
Act 2006.
13
An offence under section 42 as respects which the corresponding offence
under the law of England and Wales is—
45
(a)
an offence under section 1 of the Criminal Attempts Act 1981 (c. 47)
of attempting to commit an offence within a sub-paragraph of
paragraph 12;
(b)
an offence under section 1 of the Criminal Law Act 1977 (c. 45) of
conspiracy to commit such an offence;
50
(c)
an offence of incitement to commit such an offence.