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AGAI 67 Chapter 2 Administrative Action to safeguard or restore the operational effectiveness and efficiency
Alcohol Legal Provisions Preliminary testing for alcohol and drugs on suspicion of an offence
Testing The Armed Forces (Interpretation, Translation and Alcohol and Drug Tests) Rules 2013
Appeals from C-M Bail Court Martial Appeal Court (Bail) Order 2009
Defence Appeals AFA 2006, Schedule 8 (amending 1968 Act)
Courts-Martial (Appeals) Act 1968
Evidence Court Martial Appeal Court (Evidence) Order 2009
Procedure Court Martial Appeal Court Rules 2009
Prosecution Appeals Court Martial (Prosecution Appeals) Order 2009
Reference by Attorney Review of unduly lenient sentence by Court Martial Appeal Court
Reference by CCRC (pursuant to s.321) Power to order investigation
Appeals to SAC Guidance The Court Martial and the Summary Appeal Court guidance to Procedure, vol 1  Return to Menu
Rules Armed Forces (Summary Appeal Court) Rules 2009
Statutory Provisions The Summary Appeal Court
Appeals from SAC Case Stated Armed Forces Act 2006, s.149(2)
Armed Forces Act 2006 Act Armed Forces Act 2006, in full
Commencement Orders No 1
No 2
No 3
No 4
No 5
Consequential Amendments Consequential and Transitional Provisions   Return to Menu
Armed Forces Act 2011 Act
Commencement Orders
8 areas of amendment to the 2006 Act. See the Explanatory Notes for more detail
Commencement Order No 1 (Transitional and Transitory Provisions), in force March and April 2012 (Reduction in rank, Maximum fine at summary hearing, Increase in maximum term of detention, DSP's powers to substitute or add charges after election, Court Martial sentencing powers on election for trial, Exception to restriction on community punishments)
Commencement Order No 2, in force 14th December 2012 (Power of judge advocate to authorise entry and search, Civilians subject to service discipline)
Commencement Order No 3, in force 6th April 2013 (Claims against visiting forces: transfer of liability)
Commencement Order No 4, in force 1st November 2013 (alcohol provisions, Enforcement of financial penalties, Consequential amendments and repeals)
Commencement Order No 5, in force 4th June 2014 (Inspection of service police investigations)
Commencement Order No 6, in force 23rd December 2016 (Persons eligible to be prosecuting officers)  Return to Menu
Summary of Provisions An overview of the 7 key provisions
Armed Forces Act 2016 Act
Explanatory Notes
Commencement Orders
Revisions to earlier Acts
Explanatory Notes prepared by the Ministry of Defence
Arrest Warrant Armed Forces (Warrants of Arrest for Service Offences) Rules 2009
Bail Court Martial Appeal Court See above for Court-Martial Appeal Court bail.
Pending Appeal from SAC to High Court and SCC to Court Martial, Armed Forces (Conditional Release from Custody) Order 2009  
Summary See below, Custody  
Boards of Inquiry and Coroners' Inquests Boards of Inquiry and Coroners' Inquests
Cases/Resources Aspals Aspals Case Updater
BAILII British and Irish Legal Information cases resource
Court of Appeal Court of Appeal and other judgments    (not very extensive, but useful)  Return to Menu
European Court of Human Rights (HUDOC) Search the ECtHR for caselaw.  Very powerful.
Supreme Court Supreme Court Home Page
Weekly WLR Daily Updates
Charging Powers of CO AFA 2006, ss119-122
Powers of CO or DSP after charge etc AFA 2006, ss123-126
Directions by DSP barring further proceedings
Rights of a Serviceman Rights of a Serviceman - Arrested For or Charged with an Offence Under the AFA 2006
If this link does not work, try [here]
Court-Martial Links Procedure Procedures Before Military Courts
QRs Army Queen's Regulations (Army) - this link is to Amendment 30, and is a draft. Use with care.   Return to Menu
QRs RAF Queen's Regulations (RAF) - this link is to latest disclosed amendment. Use with care.   Return to Menu
Results Court Martial Results from the Military Court Centres, from January 2010
Covenant - Armed Forces Report Armed forces covenant report, AFA 2011, s.2
Custody Act The statutory provisions
Custody Proceedings The Armed Forces (Custody Proceedings) Rules 2009
Without Charge Armed Forces (Custody Without Charge) Regulations 2009
Disclosure CPIA The Criminal Procedure and Investigations Act 1996 (Application to the Armed Forces) Order 2009
Drugs Alcohol and Drug Tests The Armed Forces (Interpretation, Translation and Alcohol and Drug Tests) Rules 2013
Legal Provisions Preliminary testing for alcohol and drugs, Chapter 3A
Entry, Search and Seizure SI
Statute
Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009
Statutory Provisions (AFA 2006, as amended by AFA 2011)  Return to Menu
See also Stop and Search
Harassment See below, Service Inquiries/Complaints
Investigation Duties of COs AFA 2006, ss113-115
Duty of service policeman AFA 2006, ss116-118
Regulations The Armed Forces (Part 5 of the Armed Forces Act 2006) Regulations 2009
Legal Aid Representation Armed Forces Criminal Legal Aid Authority,   address and contact details for legal aid applications, together with a link to JSP 838 - The Armed Forces Legal Aid Scheme - latest version is v.3.0, as at December 2014 PDF.
Manual of Service Law Version 2
January 2011
Links to  Manual of Service Law (MSL) and amendments, as at 12 January 2017
Military Court Service Home Page
The Military Court Service provides a criminal court service for the Royal Navy, Army and RAF in the Court Martial, Summary Appeal Court and Service Civilian Court. Useful contact numbers and addresses provided and a link to court martial listings
Court Martial Results
Trial results from January 2010
Military Covenant ADP 5
Army Doctrine Publication Vol 5, Soldiering and the Military Covenant (Includes Values & Standards)
Other For links that are not listed here, check on the Links Page or use the search function
PACE 6 March 2015 PACE Service Police Codes of Practice, as in force from 19 March 2015  Return to Menu
Pay Forfeiture Armed Forces (Forfeitures and Deductions) Regulations 2009
Police JSP 397 Service Police Codes of Practice, replaced by PACE CODES
Service Police and Ministry of Defence Police Provost Marshal's duty in relation to independence of investigations; inspection of police; appointment of PM; MoD performance regulations (inserting a new s.115A into the 2006 Act)
Punishment Activation of Suspended Sentences Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009
Commanding Officer Punishments available to commanding officer
Court Martial Punishments Available to Court Martial
Punishments and other court orders Armed Forces Act 2011, ss 12-17:   Amendments to rank of lance corporal in RAF Regiment; Reduction in rank or rate; Court Martial sentencing powers; Increase in maximum term of detention for certain offences; Enforcement of financial penalties (amending s.132 of AFA 2006)
Supervision and Punishment Orders Armed Forces (Service Supervision and Punishment Orders) Regulations 2009
Queen's Regulations (Army) Amendment 30 Queen's Regulations (Army) - this link is to Amendment 30 only, and is a draft. On-line access to current version is denied by MoD.   Return to Menu
Queen's Regulations (RAF) Amendment 38 Queen's Regulations (RAF) - this link is to latest disclosed draft amendment. Use with care.
Redress See below, Service Inquiries
Sentences Review of Unduly Lenient Sentences Armed Forces (Review of Court Martial Sentence) Order 2009
Sentencing Election for Trial Armed Forces Act 2011, Sch 1, Court Martial Sentencing Powers where election for trial by that court instead of CO (inserting Sch 3A into AFA 2006)
Military A short Guide (JAG). Version 4 was released in October 2013
Service Civilian Court Rules Armed Forces (Service Civilian Court) Rules 2009
Youth Justice and Criminal Evidence Act 1999 Provisions relating to applications for reporting directions in respect of adult witnesses  Return to Menu
Court Martial and Service Civilian Court (Youth Justice and Criminal Evidence Act 1999) Rules 2009
Service Inquiries/Complaints Complaints Commissioner Armed Forces (Service Complaints Commissioner)Regulations 2007
JSP JSP 763 - The MOD Bullying And Harassment Complaints Procedures
JSP 831 - Redress of Individual Grievances: Service Complaints arising post 1 Jan 2008
Law Armed Forces (Redress of Individual Grievances) Regulations 2007
Armed Forces (Service Inquiries) Regulations 2008
Redress/Service Inquiries - 2006 Act
Service Prosecuting Authority Home Homepage of the independent tri-Service prosecuting authority responsible for all prosecutions within the military justice system  Return to Menu
Stop and Search Act Armed Forces Act 2006, ss 75-82
SI Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009
See above Entry, Search and Seizure
Summary Dealing Accused's Rights Rights of a Serviceman - Arrested For or Charged with an Offence Under the AFA 2006
If this link does not work, try [here - revised version as at Nov 2014]
CO's Sentencing guide Chapter 14 of the Manual of Service Law
Minor Punishments
Procedure before CO Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009
Review Statutory Provisions  Return to Menu
Time Limits Charging Former member of a regular or reserve force
Consent to Prosecution Sections 61: exceptions and interpretation, Attorney General's Consent
Trial Background What Happens at a Military Trial?
Civilian Courts Armed Forces (Civilian Courts Dealing with Service Offences) (Modification of the Criminal Justice Act 2003) Regulations 2009
Collective Memoranda Practice Memorandum in the Court Martial, for Judge Advocates
Court-Martial Rules Armed Forces (Court Martial) Rules 2009
The Armed Forces (Court Martial) (Amendment) Rules 2013
Costs Armed Forces (Part 5 of the Armed Forces Act 2006) Regulations 2009
Court Members Guide - CM and SAC Guide to Procedure (from the website of the Office of the Judge Advocate General)
Armed Forces (Proceedings) (Costs) Regulations 2009
CPIA Criminal Procedure and Investigations Act 1996 (Code of Practice) (Armed Forces) Order 2009
Trial Results Court Martial Results from the Military Court Centres, from January 2010
Unfitness to Stand Trial Armed Forces (Unfitness to Stand Trial and Insanity) Regulations 2009  Return to Menu
Values and Standards Army As at January 2008 - Ethics Codes Collection)
The Army Leadership Code - An Introductory Guide
Victims Code of Conduct JSP 839: Code of Practice on services to be provided by the armed forces to victims of crime
EU law 2001 Framework Decision)
See also 2011/0129 (COD), the proposed replacement, European Commission Proposed Directive Of The European Parliament And Of The Council, 2011/0129 (COD).
Vulnerable Witnesses Court Martial and Service Civilian Court (Youth Justice and Criminal Evidence Act 1999) Rules 2009
Courts-Martial (Royal Navy, Army and Royal Air Force) (Evidence) Rules 2006
Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) Order 2009
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