Legislation – Armed Forces Act 2021

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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 17. Help about Changes to Legislation

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Changes to Legislation

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Sentencing and rehabilitation

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

(1)

AFA 2006 is amended as follows.

(2)

In section 238 (deciding the seriousness of an offence)—

(a)

in subsection (3)—

(i)

in paragraph (a) at the end insert “or”;

(ii)

omit paragraphs (c) and (d);

(b)

for subsection (4) substitute—

“(4)

Nothing in this section prevents the court or officer from treating a previous conviction by a court outside the British Islands as an aggravating factor in any case where the court or officer considers it appropriate to do so.”;

(c)

omit subsection (5).

(3)

In section 263 (restriction on imposing custodial sentence or service detention on unrepresented offender)—

(a)

in subsection (2)(b) omit the words from “, or sentenced to detention” to the end;

(b)

in subsection (6) omit paragraphs (c) and (d).

(4)

In section 270A (exception to restrictions on community punishments)—

(a)

in subsection (3)—

(i)

in paragraph (a) omit “, or member State service offence,” and at the end insert “or”;

(ii)

in paragraph (b) omit “or”;

(iii)

omit paragraph (c);

(b)

omit subsection (8).

(5)

In section 415 of the Sentencing Act 2020 (armed forces provisions: extent to Channel Islands, Isle of Man and British overseas territories), after subsection (6) insert—

“(7)

In subsection (6) references to this Act include this Act as amended by the Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520).”