Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Duration of Armed Forces Act 2006
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Armed forces covenant report
After section 343 of AFA 2006 insert—
Service Police and Ministry of Defence Police
After section 115 of AFA 2006 insert—
After section 321 of AFA 2006 insert—
After section 365 of AFA 2006 insert—
In section 3A of the Ministry of Defence Police Act 1987 (regulations relating to disciplinary matters), in each of subsections (1)(a) and (1A) after “conduct” insert “ , efficiency and effectiveness ”.
Powers of entry, search and seizure
For section 83 of AFA 2006 (power of judge advocate to authorise entry and search) substitute—
Section 86 of AFA 2006 (power to make provision about access to excluded material etc) is amended as follows.
For subsections (1) and (2) substitute—
For subsection (4) substitute—
Alcohol and drugs
In section 20 of AFA 2006 (unfitness or misconduct through alcohol or drugs), after subsection (1) insert—
After section 20 of AFA 2006 insert—
After section 93 of AFA 2006 insert—
In consequence of the provision made by subsection (1), sections 306 and 307 of AFA 2006 (testing for alcohol and drugs after serious incident) are repealed.
Punishments and other court orders
In section 132 of AFA 2006 (punishments available to commanding officer)—
in row 1 of the Table, in paragraph (c) of the entry in the third column, after “air forces” insert “ (but see subsection (1A)) ”;
after subsection (1) insert—
In section 135 of AFA 2006 (reduction in rank: limits on powers), for subsection (3) substitute—
In section 138 of AFA 2006 (prohibited combinations of punishments), for subsections (2) and (3) substitute—
Omit section 293 of AFA 2006 (automatic reduction of rank or rate of warrant officer or non-commissioned officer given custodial sentence or sentence of service detention).
The repeal of section 293 of AFA 2006 by subsection (2) does not affect any reduction in rank or disrating that occurred by virtue of that section before the commencement of that repeal.
For section 165 of AFA 2006 substitute—
In section 305(5) of AFA 2006 (limit on term of imprisonment or detention for an offence under that section), omit the words “or service detention”.
in subsection (2)(a)(ii) omit the words “or service detention”;
after subsection (2A) insert—
After section 269 of AFA 2006 insert—
In section 322(3) of AFA 2006 (financial penalty enforcement orders), after paragraph (a) insert—.
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Miscellaneous amendments of Armed Forces Act 2006
In section 277 of AFA 2006 (Service Civilian Court), for subsection (2) substitute—
In section 332 of AFA 2006 (restriction on administrative reduction in rank or rate), for subsections (1) to (4) substitute—
For the heading to that section, substitute “ Administrative reduction in rank or rate ”.
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In section 365 of AFA 2006 (prosecuting officers)—
in subsection (1), for “officers” (where it first occurs) substitute “ persons ”;
in subsection (2) for “An officer” substitute “ A person ”.
Schedule 15 to AFA 2006 (civilians subject to service discipline) is amended as follows.
In paragraph 4(1), for paragraph (c) substitute—
In paragraph 5(1), for paragraph (c) substitute—
In paragraph 6(1), for paragraph (b) substitute—
In paragraph 10—
in sub-paragraph (1)—
in paragraph (a), for “a relevant person outside the British Islands” substitute “ a qualifying person in a relevant country ”;
in paragraph (b), for “outside the British Islands” substitute “ in that country ”;
in sub-paragraph (2)—
for “ “relevant person”” substitute “qualifying person”;
in paragraph (b), for “being in the British Islands” substitute “ not being in a relevant country ”;
after sub-paragraph (2) insert—
After paragraph 13 insert—
After section 371 of AFA 2006 insert—
In consequence of the provision made by subsection (1), section 56 of the Court Martial Appeals Act 1968 (modifications of that Act for protected prisoners of war) is repealed.
Other amendments and repeals
In section 2 of the Military Lands Act 1900 (sea byelaws)—
in subsection (2), omit paragraph (b) of the proviso;
after subsection (2) insert—;
omit subsection (3).
In section 17(1) of the Military Lands Act 1892 (notice of byelaws), for the words from “necessary” to the end substitute “ appropriate ”.
After section 9 of the Visiting Forces Act 1952 insert—
Schedule 2 (which makes provision enabling judge advocates to sit in the Crown Court and magistrates' courts) has effect.
The Naval Medical Compassionate Fund Act 1915 ceases to have effect.
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Schedule 3 (minor amendments of service legislation) has effect.
Schedule 4 (consequential amendments) has effect.
Schedule 5 (repeals and revocations) has effect.
Supplementary
In this Act “AFA 2006” means the Armed Forces Act 2006.
Section 28 comes into force at the end of the period of two months beginning with the day on which this Act is passed.
The other provisions of this Act come into force on such day as the Secretary of State may by order made by statutory instrument appoint (and different days may be appointed for different purposes).
An order under this section may contain transitional, transitory and saving provision.
In particular, an order under this section may make provision, in connection with the coming into force of any provision of this Act (“the provision in question”), about the operation of Schedule 3A to AFA 2006 where an election for Court Martial trial was made before the commencement of the provision in question.
Her Majesty may by Order in Council provide for any of the provisions of this Act, except section 25, to extend to a territory mentioned in subsection (2) with or without modifications.
Those territories are—
any of the Channel Islands;
the Isle of Man;
any of the British overseas territories.
The provisions that may be extended under subsection (1) of section 15 of the Visiting Forces Act 1952 to a territory specified in subsection (3) of that section include—
section 9A of that Act (inserted by section 25 of this Act); and
any Order in Council which—
is made under section 1(2) of that Act in relation to section 9A of that Act; and
is in force at the coming into operation of any Order in Council made under section 15(1) of that Act which extends section 9A.
This Act may be cited as the Armed Forces Act 2011.
Court Martial sentencing powers
Judge advocates sitting in civilian courts
Amendments conferring jurisdiction on judge advocates
Senior Courts Act 1981 (c. 54)
Section 8 of the Senior Courts Act 1981 (persons who may exercise the jurisdiction of the Crown Court) is amended as follows.
In subsection (1)(b), for “, Recorder or District Judge (Magistrates' Courts)” substitute “, Recorder, qualifying judge advocate or District Judge (Magistrates' Courts)”.
In subsection (1)(c), for “or Recorder” substitute “ , Recorder or qualifying judge advocate ”.
After subsection (1) insert—
In subsection (3), for “, Circuit judge, Recorder or District Judge (Magistrates' Courts)” substitute “, Circuit judge, Recorder, qualifying judge advocate or District Judge (Magistrates' Courts)”.
After subsection (3) insert—
In section 73(2) and (3) of that Act (general provisions relating to Crown Court proceedings), for “or Recorder” (wherever it occurs) substitute “ , Recorder or qualifying judge advocate ”.
In section 74 of that Act (Crown Court proceedings on appeals)—
in subsection (1), after “Recorder” insert “ or a qualifying judge advocate ”; and
in subsection (3), for “or Recorder,” substitute “ , Recorder or qualifying judge advocate, ”.
In section 75(1) of that Act (allocation of cases and distribution of cases in Crown Court), for “, Circuit judge, Recorder or District Judge (Magistrates' Courts)” substitute “, Circuit judge, Recorder, qualifying judge advocate or District Judge (Magistrates' Courts)”.
In section 151(1) of that Act (interpretation), at the appropriate place insert—.
Courts Act 2003 (c. 39)
In section 66 of the Courts Act 2003 (judges having powers of District Judges (Magistrates' Courts))—
after subsection (2) insert—; and
after subsection (4) insert—
Related amendments
Criminal Justice Act 1967 (c. 80)
In section 9(5) of the Criminal Justice Act 1967 (application for court attendance of person who has provided a written statement), after paragraph (d) insert—; but this paragraph is subject to paragraph 8.
This paragraph applies if the amendment made to section 9(5) of the Criminal Justice Act 1967 by paragraph 1 of Schedule 4 to the Courts Act 2003 has not come into force before the commencement of paragraph 1 of this Schedule.
Until the coming into force of that amendment—
paragraph 7 above does not apply; and
section 9(5) of the Criminal Justice Act 1967 is amended as follows.
The words from “by a puisne judge” to the end become paragraph (a).
After paragraph (a) insert
Juries Act 1974 (c. 23)
In section 9B(3) of the Juries Act 1974 (judges who may determine whether juror to be discharged on account of disability)—but this is subject to paragraph 10.
omit the “or” at the end of paragraph (c); and
after paragraph (d) insert;
This paragraph applies if the amendment made to section 9B(3) of the Juries Act 1974 by paragraph 3 of Schedule 4 to the Courts Act 2003 has not come into force before the commencement of paragraph 1 of this Schedule.
Until the coming into force of that amendment—
paragraph 9 above does not apply; and
section 9B(3) of the Juries Act 1974 is amended as follows.
The words from “any judge” to the end become paragraph (a).
After paragraph (a) insert
Police and Criminal Evidence Act 1984 (c. 60)
Schedule 1 to the Police and Criminal Evidence Act 1984 (access to excluded or special procedure material) is amended as follows.
Minor amendments of service legislation
Definition of “service policeman” in Armed Forces Act 1991
In section 22A of the Armed Forces Act 1991 (removal and accommodation of children by service police in emergency), in subsection (8) for the definition of “service policeman” substitute—
Powers of arrest of an officer acting on behalf of provost officer
In section 67(2) of AFA 2006 (persons who may arrest an officer), for paragraph (c) substitute—
Entry for purposes of arrest by service policeman
In section 90(6) of AFA 2006 (powers of arrest to which section applies), for “or 111,” substitute “ , 111 or 303, ”.
Definition of “service living accommodation”
Section 96 of AFA 2006 (definition of “service living accommodation” etc for purposes of Part 3) is amended as follows.
In subsection (1), in each of paragraphs (a), (b) and (c) for “subject to service law” substitute “ within subsection (1A) ”.
After subsection (1) insert—
Consultation of DSP before decision by service police on referral of case
In section 116 of AFA 2006 (referral of case following investigation by service or civilian police), for subsection (4) substitute—
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Powers of DSP in respect of charge allocated for Court Martial trial
Section 125 of AFA 2006 (powers of Director of Service Prosecutions in respect of charge allocated for Court Martial trial) is amended as follows.
In subsection (3)—
insert “ or ” after paragraph (a); and
omit paragraph (c) and the “or” preceding it.
Omit subsection (4).
Right to elect Court Martial trial
In section 129 of AFA 2006 (right to elect Court Martial trial), for subsection (4) substitute—
In section 130(3) of AFA 2006 (consequences of election for Court Martial trial), for “if the charge is amended after referral.” substitute
After section 130 of AFA 2006 insert—
Summary hearing
In each of sections 133(3), 134(2) and 135(5) of AFA 2006 (obtaining extended powers of punishment), for “before the summary hearing of the charge or charges” substitute “ within the relevant time (defined by section 135A) ”.
After section 135 of AFA 2006 insert—
In section 136 of AFA 2006 (maximum amount of fine), for subsections (1) to (3) substitute—
In section 153(2) of AFA 2006 (powers to make rules relating to summary hearings etc), in each of paragraphs (d) and (e) after “applications for” insert “ , and grants of, ”.
Activation of suspended sentence of service detention
In each of sections 190(1)(a), 191(2)(b) and 193(2)(b) of AFA 2006 (circumstances where suspended sentence may be activated), for “an offence in the British Islands” substitute “ an offence under the law of any part of the British Islands ”.
Section 194 of AFA 2006 (limits on commanding officer's powers to activate suspended sentence) is amended as follows.
In subsection (4) for “before the relevant time” substitute “ within the relevant time (defined by section 194A) ”.
Omit subsection (6).
After section 194 of AFA 2006 insert—
Suspended sentences of imprisonment
In section 200(5) of AFA 2006 (suspended sentences of imprisonment), in paragraph (b) of the words treated as substituted, for “ in the British Islands ” substitute “under the law of any part of the British Islands”.
Detention and training orders
In section 213 of AFA 2006 (application to service detention and training orders of provisions relating to civilian orders)—
in the second paragraph of subsection (1), after “105,” insert “ 106(4) to (6), ”;
in subsection (2), after “(13)” insert “ , 106(6) ”.
In section 214(2)(b) of AFA 2006 (offences during currency of detention and training order), for “an offence in the British Islands” substitute “ an offence under the law of any part of the British Islands ”.
Restrictions on community punishments
In section 270 of AFA 2006 (general restrictions on community punishments), for subsections (7) and (8) substitute—
After that section insert—
In consequence of the amendments made by this paragraph, paragraphs 26(3) and (4) and 27 of Schedule 25 to the Criminal Justice and Immigration Act 2008 (which amend AFA 2006 but have not been commenced) are omitted.
Definition of “period when unlawfully at large”
In section 301(5) of AFA 2006 (duration of sentences: persons unlawfully at large), for the definition of “period when the person is unlawfully at large” substitute—.
Persons treated as members of service police force
Omit section 375(5) of AFA 2006 (Provost Marshal and other officers to be taken to be members of appropriate service police force).
Power to make transitional provision under AFA 2006
In section 380 of AFA 2006 (power to make transitional provision in connection with the coming into force of that Act), after subsection (8) insert—
Activation of suspended sentence of imprisonment
Schedule 7 to AFA 2006 (suspended prison sentence: further conviction etc) is amended as follows.
Paragraph 6 becomes sub-paragraph (1) of that paragraph.
In paragraph (a) of that sub-paragraph, for “an offence in the British Islands” substitute “ an offence under the law of any part of the British Islands ”.
After that sub-paragraph insert—
Consequential amendments
Road Traffic Act 1988 (c. 52)
In section 184(3) of the Road Traffic Act 1988 (definitions relating to persons subject to service discipline), for paragraph (a) of the definition of “member of the provost staff” substitute—.
Extradition Act 2003 (c. 41)
Armed Forces Act 2006 (c. 52)
Section 50(2) of AFA 2006 (definition of “service offence”) is amended as follows.
After paragraph (a) insert—.
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For paragraph (e) substitute—.
Section 53(1) of AFA 2006 (offences that may be dealt with at a summary hearing) is amended as follows.
After paragraph (g) insert—.
For paragraph (i) substitute—.
In section 58 of AFA 2006 (time limit for charging civilian formerly subject to service discipline)—
in subsection (5)(a), after sub-paragraph (i) insert—;
in subsection (7), after paragraph (a) insert—;
after subsection (7) insert—
In section 87(1) of AFA 2006 (power of CO to authorise entry and search by service policeman), for paragraphs (a) and (b) substitute—
In section 88(1) of AFA 2006 (power of CO to authorise entry and search by person other than service policeman), for paragraphs (a) and (b) substitute—
Section 97 of AFA 2006 (power to use reasonable force) becomes subsection (1) of that section.
After that subsection insert—
In section 164(3) of AFA 2006 (provisions to which section 164 is subject)—
omit the entry relating to section 165 of the Act;
omit the “and” after the entry relating to Chapters 4 to 6 of Part 8; and
after the entry relating to Part 9 insert
In Part 13 of AFA 2006, for the heading to Chapter 1 substitute— “ RANDOM DRUG TESTING ”.
In section 305 of AFA 2006 (testing for drugs)—
for the heading substitute “ Random drug testing ”;
in subsection (2)(b) omit the words from “or an investigation” to the end.
Section 308 of AFA 2006 (provisions supplementary to sections 305 and 306) is amended as follows.
In the heading, for “Sections 305 and 306” substitute “ Section 305 ”.
In subsection (1)—
for “sections 305(1) and 306(2)” substitute “ section 305(1) ”;
omit paragraph (b);
in paragraph (c), omit “or 306(2)”;
in paragraph (d), omit “or 306(2)”.
Omit subsection (2).
In subsection (3), omit “or section 306(2)”.
In subsection (4), before paragraph (a) insert—.
In section 325(1) of AFA 2006 (evidential burden as respects excuses)—
after “41,” insert “ 93A, 93E, 93G, ”;
for “266 and 306” substitute “ 232G and 266 ”.
Section 373 of AFA 2006 (orders, regulations and rules) is amended as follows.
In subsection (2)—
after “sections” insert “ 20A, ”;
after “36,” insert “ 93F, ”.
In subsection (3)(d)—
after “section” insert “ 20A, ”;
after “336(5)(a)” insert “ , 336A ”.
In subsection (3)(g), after “section” insert “ 232F or ”.
Omit section 380(9) of AFA 2006.
Repeals and revocations
In section 2—in subsection (2), paragraph (b) of the proviso; subsection (3).
In section 125—in subsection (3), paragraph (c) and the “or” preceding it; subsection (4).
In section 305—in subsection (2)(b), the words from “or an investigation” to the end; in subsection (5), the words “or service detention”.
In section 308—in subsection (1), paragraph (b), and in paragraphs (c) and (d) the words “or 306(2)”; subsection (2); in subsection (3), the words “or section 306(2)”.