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Armed Forces Bill


 

Armed Forces Bill

 

[AS AMENDED IN 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   

Mutiny

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

 

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Armed Forces Bill

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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   

Criminal conduct

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

 
 

Armed Forces Bill

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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 266

61   

Sections 55 to 60: exceptions and interpretation

Time limit for Reserve Forces Act offences

62   

Time limit for charging Reserve Forces 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

 
 

Armed Forces Bill

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Part 3

Powers of Arrest, Search and Entry

Chapter 1

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

Chapter 2

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

Chapter 3

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

 
 

Armed Forces Bill

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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

Chapter 1

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

Chapter 2

Custody etc after Charge

Custody after charge

105   

Custody after charge

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

Chapter 3

Custody Proceedings Rules

112   

Custody proceedings rules

 
 

Armed Forces Bill

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Part 5

Investigation, Charging and Mode of Trial

Chapter 1

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

118   

Duty of service policeman to notify CO of referral to DSP

Chapter 2

Charging and Mode of Trial

Powers of charging etc

119   

Circumstances in which CO has power to charge etc

120   

Power of CO to charge etc

121   

Power of DSP to direct bringing of charge etc

122   

Charges brought at direction of DSP

Powers of commanding officer or DSP after charge etc

123   

Powers of CO after charge

124   

CO to hear charge allocated for summary hearing

125   

Powers of DSP in respect of charge allocated for Court Martial trial

126   

Powers of DSP in respect of charge allocated for SCC trial

Chapter 3

Supplementary

127   

Directions by DSP barring further proceedings

128   

Regulations for purposes of Part 5

 
 

Armed Forces Bill

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Part 6

Summary Hearing and Appeals and Review

Chapter 1

Summary Hearing

Right to elect Court Martial trial

129   

Right to elect Court Martial trial

130   

Further consequences of election for Court Martial trial

Summary hearing

131   

Summary hearing

Punishments available to commanding officer

132   

Punishments available to commanding officer

133   

Detention: limits on powers

134   

Forfeiture of seniority: requirement for approval

135   

Reduction in rank: limits on powers

136   

Fine: maximum amount

137   

Service compensation orders: maximum amount

138   

Prohibited combinations of punishments

139   

Savings for maximum penalties for offences

Chapter 2

The Summary Appeal Court

140   

The Summary Appeal Court

141   

Right of appeal

142   

Constitution of the SAC for appeals

143   

Officers and warrant officers qualified for membership of the SAC

144   

Officers and warrant officers ineligible for membership in particular

circumstances

145   

Open court

146   

Hearing of appeals

147   

Powers of the SAC

148   

Effect of substituted punishment

149   

Making of, and appeals from, decisions of the SAC

150   

Privileges of witnesses and others

151   

SAC rules

Chapter 3

Review of Summary Findings and Punishments

152   

Review of summary findings and punishments

 
 

 
contents continue
 
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Revised 13 October 2006