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A Administrative Action AGAI 64
Volume 2
Chapter 64 Substance Misuse
AGAI 67
Volume 2
Administrative Action to safeguard or restore the operational effectiveness and efficiency, as at April 2018
AGAI 70
Volume 2
Management And Resolution Of Complaints - Superseded by JSP 831 (below)
Minor Admin Action JSP 833 Joint Services Publication
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 2013Return to Menu
B Appeals from C-M Court Martial Appeal Court (Bail) Order 2009
Defence Appeals AFA 2006, Schedule 8 
amending   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 2011 Act in full. 8 areas of amendment to the 2006 Act.
See the Explanatory Notes for more detail
Commencement Orders
1
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)
2
Commencement Order No 2, in force 14th December 2012 (Power of judge advocate to authorise entry and search, Civilians subject to service discipline)
3
Commencement Order No 3, in force 6th April 2013 (Claims against visiting forces: transfer of liability)
4
Commencement Order No 4, in force 1st November 2013 (alcohol provisions, Enforcement of financial penalties, Consequential amendments and repeals)
5
Commencement Order No 5, in force 4th June 2014 (Inspection of service police investigations)
6
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 2016 Act in full. Revisions to earlier Acts
Explanatory Notes Explanatory Notes prepared by the Ministry of Defence
Commencement Orders
1

The Armed Forces Act 2016 (Commencement No. 1) Regulations 2017  (war pensions committees and armed and reserve forces compensation schemes), in force from 21 November 2017
2
The Armed Forces Act 2016 (Commencement No. 2) Regulations 2018  enacts Section 2 of the 2016 Act amends Chapter 3A of the Armed Forces Act 2006. In force from 21 November 2018
3
The Armed Forces Act 2016 (Commencement No. 3) Regulations 2019  enacts Sections 3 to 5 (investigation and charging)and section 6 (changes to period of suspended sentence) of the Armed Forces Act 2016. In force 1st July 2019Return to Menu
Armed Forces Covenant The Armed Forces Covenant is a promise by the nation ensuring that those who serve or who have served in the armed forces, and their families, are treated fairly.
Arrest Warrant Armed Forces (Warrants of Arrest for Service Offences) Rules 2009
B 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     Return to Menu
Boards of Inquiry and Coroners' Inquests Boards of Inquiry and Coroners' Inquests
C 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) 
European Court of Human Rights (HUDOC) Search the ECtHR for Human Rights caselaw.  Very powerful.
Cyprus SBA Legislation applicable in the Sovereign Base Areas
European Court of Justice Search the ECJ caselaw database.
International Criminal Court Trying individuals for genocide, war crimes, crimes against humanity, and aggression
National Archives National Archives Find Caselaw
Supreme Court Supreme Court Home Page
Weekly WLR Daily Updates Short Case summaries from the Weekly Law Reports and free case search   Useful but limited - summaries are free.Return to Menu
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]
Support available to Service personnel arrested for or charged with offences under the SJA  Return to Menu
Court-Martial Links Procedure Procedures Before Military Courts
QRs Army Queen's Regulations (Army) - this link is to Amendment 37 (2019)   
QRs RAF Queen's Regulations (RAF) - this link is to latest disclosed amendment. Use with care.   Return to Menu
Results See below, Statistics
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
D 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
E 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
H Harassment See below, Service Inquiries/Complaints
I 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
These provisions have been amended by the AFA 2016, ss 3-5
J JSP MoD List A list of published Joint Service Publication (JSP) documents produced by the Ministry of Defence
3-46 Legal Support to Joint Operations    Return to Menu
315 MOD building performance standards, including Custody Facilities
383 United Kingdom Law of Armed Conflict (2004 Edition) PDF [3.4 MB]. This is a reference work for members of the UK's Armed Forces and officials within MOD and other departments of HM Government.
397 Service Police Codes of Practice, (6 March 2015) for regulating service police powers and investigatory procedures Revised 31 October 2009 - no longer valid
441 Managing Information in Defence
751 Volume 1 (Management Of The Casualty)
Volume 2 (Management Of The Deceased)
752 Tri-Service Regulations for Expenses and Allowances    Return to Menu
754 Tri-service Regulations For Pay And Charges (Edition 18 dated 1 Apr 13 )
760 Tri-Service Regulations for Leave and Other Types of Absence
761 Honours and Awards in the Armed Forces - Part 1 Directive
763 MOD bullying and harassment complaints procedures.
830 Manual of Service Law (MSL). This manual replaced The Manual of Naval Law, the Manual of Military Law and the Manual of Air Force Law.
831 Redress of Individual Grievances: Service Complaints.Return to Menu
832 Service Inquiries.
833 Minor Administrative Action
835 Alcohol and Substance Misuse and Testing, Version 2.0 – 1 November 2013   
837 Service Code of Practice for Persons in Service Custody   
838 The Armed Forces Legal Aid Scheme (JSP 838)   
839 Services to be provided by the armed forces to victims of crime
913 Tri-Service Policy on Domestic Abuse and Sexual Violence, Part 1 Directive    Return to Menu
Judge Advocate General CMAC and SAC Guide Guides\Court Martial & SAC Guide volume 1 v7 , June 2015
Guides\Court Martial & SAC Guide volume 2 v7 , June 2015
Practice Memoranda Practice Memoranda past and present, on Court News
Protocol For Digital Case Files Interim protocol on procedures for working with digital case files within the Service Justice System, as at 8 Jul 2020 [Aspals resource here].
Sentencing Guide Sentencing Guide Version 6, June 2023
L Legal Aid Case Management Court case management and trial readiness forms (downloadable)
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.
Legislation UK Statute Law The official revised edition of the primary legislation of the United Kingdom made available online
M Manual of Service Law Version 2
June 2017
Links to  Manual of Service Law (MSL) and amendments, as at 12 June 2017    Return to Menu   
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
Military Corrective Training Centre, Colchester MCTC
Official Site
An Unofficial, but excellent site
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)
O Other For links that are not listed here, check on the Links Page or use the search function
Overseas Operations Overseas Operations (Service Personnel and Veterans) Act 2021, for legal proceedings in connection with operations of the armed forces outside the British Islands.
P PACE 6 March 2015 PACE Service Police Codes of Practice, as in force from 10 July 2017  Return to Menu
Pay Forfeiture Armed Forces (Forfeitures and Deductions) Regulations 2009
Police JSP 397 Service Police Codes of Practice
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    Return to Menu
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
Q Queen's Regulations (Army) Amendment 37 Queen's Regulations (Army) - this link is to Amendment 37 (2019).   Return to Menu
Queen's Regulations (RAF) Amendment 38 Queen's Regulations (RAF) - this link is to latest disclosed draft amendment. Use with care.
Queen's Regulations (Navy) April 2017 BRd2 - Queen's Regulations (Navy) .
R Redress See below, Service Inquiries
S 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)
Civilian Sentencing Guidelines for use in the Crown Court.
Sentencing Guidelines for use in Magistrates’ Courts.
Military Guidance On Sentencing In the Service Courts. Version 6 released June 2023
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 Ombudsman Armed Forces (Service Complaints and Financial Assistance) Act 2015
Investigation of Complaints Armed Forces (Service Complaints Ombudsman Investigations) Regulations 2015
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 (Service Inquiries) Regulations 2008
Redress Legal Provisions - Part 14 A of 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
Prosecutors Protocol Text of the agreement on prosecutorial jurisdiction (2023)
Statistics Court Martial Court Martial Statistics, from 2010
Summary Appeals Summary Appeal Database
Summary Dealings Summary Dealings Database
UK Armed Forces Detailed statistics for the Armed Forces of the United Kingdom  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]   Return to Menu
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
T 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?
Better Case Management Memorandum 3, dated 17th June 202
Civilian Courts Armed Forces (Civilian Courts Dealing with Service Offences) (Modification of the Criminal Justice Act 2003) Regulations 2009
Collective Memoranda See Court News
Crown Court Compendium Guidance for Judges and Recorders when summing up cases (replaces the Specimen Directions and Crown Court Bench Book)    Return to Menu
Court-Martial Rules Armed Forces (Court Martial) Rules 2009
The Armed Forces (Court Martial) (Amendment) Rules 2013
The Armed Forces (Court Martial) (Amendment) Rules 2022
Costs Armed Forces (Proceedings) (Costs) Regulations 2009
Court Members Guide - CM and SAC Guide to Procedure (from the website of the Office of the Judge Advocate General)
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
U Uniform AGAI 59
Dress
Army General And Administrative Instructions,volume 2 Chapter 59 dress And Personal Appearance
Army Dress Regs Army Dress Regulations (All Ranks)  Return to Menu
V Values and Standards Army British Army
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 2009Return to Menu
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