Legislation – Armed Forces Act 2021

New Search

Introduction

1 Duration of Armed Forces Act 2006

2 Constitution of the Court Martial

3 Nomination of Circuit judge to sit as judge advocate

4 Summary hearings: power to rectify mistakes etc

5 The Summary Appeal Court: power to rectify mistakes

6 The Service Civilian Court: power to rectify mistakes

7 Concurrent jurisdiction

8 Armed forces covenant

9 Reserve forces: flexibility of commitments

10 Service complaints appeals

11 Service police: complaints, misconduct etc

12 Framework for establishment of tri-service serious crime unit

13 Power of commanding officer to award service detention: Royal Marines

14 Deprivation orders

15 Driving disqualification

16 Deprivation and driving disqualification orders: minor and consequential amendments

17 Removal of requirement to take into account offences in member States

18 Rehabilitation periods: England and Wales

19 Posthumous pardons in relation to certain abolished service offences

20 Power of British overseas territories to apply AFA 2006 etc

21 Time limit for appeals in respect of war pensions: Scotland and Northern Ireland

22 Minor amendments

23 Meaning of “AFA 2006”

24 Commencement and transitional provision

25 Extent in the United Kingdom

26 Extent in the Channel Islands, Isle of Man and British overseas territories

27 Short title

SCHEDULES

Schedule 1 Constitution of the Court Martial

Schedule 2 Reserve forces: flexibility of commitments

Schedule 3 Service complaints appeals

Schedule 4 Service police: complaints, misconduct etc

Schedule 5 Tri-service serious crime unit

Schedule 6 Deprivation and driving disqualification orders: minor and consequential amendments

Changes to legislation:

There are currently no known outstanding effects for the Armed Forces Act 2021, Section 6. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Service courts, summary hearings and jurisdiction

6The Service Civilian Court: power to rectify mistakes

In section 288 of AFA 2006 (SCC rules)—

(a)

in subsection (3), after paragraph (e) insert—

“(ea)

for the variation or rescission by the court of a sentence passed by it, or an order under section 193 made by it, in a case where it appears to the court that it had no power to award such a sentence or (as the case may be) to make such an order;”;

(b)

after subsection (6) insert—

“(6A)

Rules made by virtue of subsection (3)(ea) may make provision about the commencement of sentences or orders varied by the court (including provision conferring on the court a power to direct that a sentence is to take effect otherwise than as mentioned in section 289(1)).”