Armed Forces Bill
[AS AMENDED IN THE ARMED FORCES BILL SELECT COMMITTEE]
The Bill is divided into two volumes. Volume I contains the Clauses. Volume II
contains the Schedules to the Bill.
Contents
First Group of Parts
Discipline
Part 1
Offences
Assisting an enemy, misconduct on operations etc
1
Assisting an enemy
2
Misconduct on operations
3
Obstructing operations
4
Looting
5
Failure to escape etc
Mutiny
6
7
Failure to suppress mutiny
Desertion and absence without leave
8
Desertion
9
Absence without leave
10
Failure to cause apprehension of deserters or absentees
Insubordination etc
11
Misconduct towards a superior officer
12
Disobedience to lawful commands
13
Contravention of standing orders
14
Using force against a sentry etc
Neglect of duty and misconduct
15
Failure to attend for or perform duty etc
Bill 172
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16
Malingering
17
Disclosure of information useful to an enemy
18
Making false records etc
19
Conduct prejudicial to good order and discipline
20
Unfitness or misconduct through alcohol or drugs
21
Fighting or threatening behaviour etc
22
Ill-treatment of subordinates
23
Disgraceful conduct of a cruel or indecent kind
Property offences
24
Damage to or loss of public or service property
25
Misapplying or wasting public or service property
26
Sections 24 and 25: “public property” and “service property”
Offences against service justice
27
Obstructing or failing to assist a service policeman
28
Resistance to arrest etc
29
Offences in relation to service custody
30
Allowing escape, or unlawful release, of prisoners etc
Ships and aircraft
31
Hazarding of ship
32
Giving false air signals etc
33
Dangerous flying etc
34
Low flying
35
Annoyance by flying
36
Inaccurate certification
37
Prize offences by officer in command of ship or aircraft
38
Other prize offences
Attempts, incitement, and aiding and abetting
39
Attempts
40
Incitement
41
Aiding, abetting, counselling or procuring
Criminal conduct
42
43
Attempting criminal conduct
44
Trial of section 42 offence of attempt
45
Conspiring to commit criminal conduct
46
Inciting criminal conduct
47
Aiding, abetting, counselling or procuring criminal conduct
48
Provision supplementary to sections 43 to 47
49
Air Navigation Order offences
iii
Part 2
Jurisdiction and Time Limits
Chapter 1
Jurisdiction
Court Martial
50
Jurisdiction of the Court Martial
Service Civilian Court
51
Jurisdiction of the Service Civilian Court
Commanding officers
52
Charges capable of being heard summarily
53
Offences that may be dealt with at a summary hearing
54
Charges which may be heard summarily only with permission or by senior
officer
Chapter 2
Time Limits for Commencing Proceedings
Time limits for offences other than Reserve Forces Act offences
55
Time limit for charging former member of a regular or reserve force
56
Time limit for charging certain members or former members of ex-regular
reserve forces
57
Time limit for charging person formerly subject to service law
58
Time limit for charging civilian formerly subject to service discipline
59
Time limit for charging offence under section 107
60
Time limit for charging offence under section 265
61
Sections 55 to 60: exceptions and interpretation
Time limit for Reserve Forces Act offences
62
Time limit for charging Reserve Force Act offences
Chapter 3
Double Jeopardy
63
Service proceedings barring subsequent service proceedings
64
Service proceedings barring subsequent civilian proceedings
65
Sections 63 and 64: supplementary
66
Civilian proceedings barring subsequent service proceedings
iv
Part 3
Powers of Arrest, Search and Entry
Arrest etc
Powers of arrest
67
Power of arrest for service offence
68
Section 67: supplementary
69
Power of arrest in anticipation of commission of service offence
Search on arrest
70
Search by service policeman upon arrest
71
Search by other persons upon arrest
72
Sections 70 and 71: supplementary
73
Seizure and retention after search upon arrest
74
Power to make provision conferring power to search premises at which
person arrested
Stop and Search
75
Power of service policeman to stop and search persons, vehicles etc
76
Stop and search by persons other than service policemen
77
Sections 75 and 76: definitions
78
Places in which powers under sections 75 and 76 may be exercised
79
Sections 75 and 76: limitation on searching persons or vehicles in certain
gardens etc
80
Searches under sections 75 and 76: supplementary
81
Power to make further provision about searches under sections 75 and 76
82
Application of Chapter to ships and aircraft
Powers of Entry, Search and Seizure
Entry for purposes of obtaining evidence etc
83
Power of judge advocate to authorise entry and search
84
Section 83: definitions
85
Section 83: power to make supplementary provision
86
Power to make provision as to access to excluded material etc
87
Power of CO to authorise entry and search by service policeman
88
Power of CO to authorise entry and search by other persons
89
Review by judge advocate of certain searches under section 87 or 88
Entry for purposes of arrest etc
90
Entry for purpose of arrest etc by a service policeman
v
91
Entry for purpose of arrest etc by other persons
Additional powers of entry, search and seizure
92
Power to make provision conferring powers of entry and search after arrest
93
Power to make provision conferring power of seizure etc
Chapter 4
Supplementary
94
Property in possession of service police or CO
95
Saving provision
96
“Service living accommodation”, “premises” and other definitions
97
Power to use reasonable force
Part 4
Custody
Custody without Charge
98
Limitations on custody without charge
99
Authorisation by commanding officer of custody without charge
100
Review of custody by commanding officer
101
Extension by judge advocate of custody without charge
102
Further provision about applications under section 101
103
Custody without charge: other cases
104
Custody without charge: supplementary
Custody etc after Charge
Custody after charge
105
106
Conditions A to D
107
Release from custody after charge
108
Review of custody after charge
109
Custody during proceedings of Court Martial or Service Civilian Court
Arrest after charge
110
Arrest after charge or during proceedings by order of commanding officer
111
Arrest during proceedings at direction of court
Custody Proceedings Rules
112
Custody proceedings rules
vi
Part 5
Investigation, Charging and Mode of Trial
Investigation
Duties of commanding officers
113
CO to ensure service police aware of possibility serious offence committed
114
CO to ensure service police aware of certain circumstances
115
Duty of CO with respect to investigation of service offences
Duty of service policeman following investigation
116
Referral of case following investigation by service or civilian police
117
Section 116: position where investigation is of multiple offences or offenders
Charging and Mode of Trial
Powers of charging etc
118
Circumstances in which CO has power to charge etc
119
Power of CO to charge etc
120
Power of DSP to direct bringing of charge etc
121
Charges brought at direction of DSP
Powers of commanding officer or DSP after charge etc
122
Powers of CO after charge
123
CO to hear charge allocated for summary hearing
124
Powers of DSP in respect of charge allocated for Court Martial trial
125
Powers of DSP in respect of charge allocated for SCC trial
126
Directions by DSP barring further proceedings
127
Regulations for purposes of Part 5
vii
Part 6
Summary Hearing and Appeals and Review
Summary Hearing
Right to elect Court Martial trial
128
129
Further consequences of election for Court Martial trial
Summary hearing
130
Punishments available to commanding officer
131
132
Detention: limits on powers
133
Forfeiture of seniority: requirement for approval
134
Reduction in rank: limits on powers
135
Fine: maximum amount
136
Service compensation orders: maximum amount
137
Prohibited combinations of punishments
138
Savings for maximum penalties for offences
The Summary Appeal Court
139
140
Right of appeal
141
Constitution of the SAC for appeals
142
Officers and warrant officers qualified for membership of the SAC
143
Officers and warrant officers ineligible for membership in particular
circumstances
144
Open court
145
Hearing of appeals
146
Powers of the SAC
147
Effect of substituted punishment
148
Making of, and appeals from, decisions of the SAC
149
Privileges of witnesses and others
150
SAC rules
Review of Summary Findings and Punishments
151
Review of summary findings and punishments