| A |
Administrative Action |
AGAI 64
Volume 2 |
Chapter 64 Substance Misuse |
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AGAI 67
Volume 2 |
Administrative Action to safeguard or restore the operational effectiveness and efficiency, as at April 2018 |
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AGAI 70
Volume 2 |
Management And Resolution Of Complaints - Superseded by JSP 831 (below) |
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Minor Admin Action |
JSP 833 Joint Services Publication |
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Alcohol |
Legal Provisions |
Preliminary testing for alcohol and drugs on suspicion of an offence |
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Testing |
The Armed Forces (Interpretation, Translation and Alcohol and Drug Tests) Rules 2013 |
| B
| Appeals from C-M |
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Court Martial Appeal Court (Bail) Order 2009 |
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Defence Appeals |
AFA 2006, Schedule 8
amending Courts-Martial (Appeals) Act 1968 |
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Evidence |
Court Martial Appeal Court (Evidence) Order 2009 |
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Procedure |
Court Martial Appeal Court Rules 2009 |
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Prosecution Appeals |
Court Martial (Prosecution Appeals) Order 2009 |
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Reference by Attorney |
Review of unduly lenient sentence by Court Martial Appeal Court |
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Reference by CCRC (pursuant to s.321) |
Power to order investigation |
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Appeals to SAC |
Guidance |
The Court Martial and the Summary Appeal Court guidance to Procedure, vol 1 |
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Rules |
Armed Forces (Summary Appeal Court) Rules 2009 |
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Statutory Provisions |
The Summary Appeal Court |
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Appeals from SAC |
Case Stated |
Armed Forces Act 2006, s.149(2)
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Armed Forces Act 2006 |
Act |
Armed Forces Act 2006, in full |
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Commencement Orders |
No 1 |
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No 2 |
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No 3 |
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No 4 |
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No 5 |
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Consequential Amendments |
Consequential and Transitional Provisions
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Armed Forces Act 2011 |
Act |
2011 Act in full. 8 areas of amendment to the 2006 Act.
See the Explanatory Notes for more detail
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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) |
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2 |
Commencement Order No 2, in force 14th December 2012 (Power of judge advocate to authorise entry and search, Civilians subject to service discipline) |
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3 |
Commencement Order No 3, in force 6th April 2013 (Claims against visiting forces: transfer of liability) |
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4 |
Commencement Order No 4, in force 1st November 2013 (alcohol provisions, Enforcement of financial penalties, Consequential amendments and repeals) |
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5 |
Commencement Order No 5, in force 4th June 2014 (Inspection of service police investigations) |
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6 |
Commencement Order No 6, in force 23rd December 2016 (Persons eligible to be prosecuting officers) |
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Summary of Provisions |
An overview of the 7 key provisions |
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Armed Forces Act 2016 |
Act |
2016 Act in full. Revisions to earlier Acts |
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Explanatory Notes |
Explanatory Notes prepared by the Ministry of Defence |
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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 |
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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 |
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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 2019 |
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Armed Forces Covenant |
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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. |
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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. |
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Pending Appeal |
from SAC to High Court and SCC to Court Martial, Armed Forces (Conditional Release from Custody) Order 2009 |
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Summary |
See below, Custody |
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Boards of Inquiry and Coroners' Inquests |
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Boards of Inquiry and Coroners' Inquests |
| C |
Cases/Resources |
Aspals |
Aspals Case Updater |
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BAILII |
British and Irish Legal Information cases resource |
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Court of Appeal |
Court of Appeal and other judgments (not very extensive, but useful) |
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European Court of Human Rights (HUDOC) |
Search the ECtHR for Human Rights caselaw. Very powerful. |
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Cyprus SBA |
Legislation applicable in the Sovereign Base Areas |
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European Court of Justice |
Search the ECJ caselaw database. |
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International Criminal Court |
Trying individuals for genocide, war crimes, crimes against humanity, and aggression |
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National Archives |
National Archives Find Caselaw |
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Supreme Court |
Supreme Court Home Page |
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Weekly WLR Daily Updates |
Short Case summaries from the Weekly Law Reports and free case search Useful but limited - summaries are free. |
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Charging |
Powers of CO |
AFA 2006, ss119-122 |
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Powers of CO or DSP after charge etc |
AFA 2006, ss123-126
Directions by DSP barring further proceedings |
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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 |
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Court-Martial Links |
Procedure |
Procedures Before Military Courts |
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QRs Army |
Queen's Regulations (Army) - this link is to Amendment 37 (2019) |
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QRs RAF |
Queen's Regulations (RAF) - this link is to latest disclosed amendment. Use with care. |
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Results |
See below, Statistics |
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Covenant - Armed Forces |
Report |
Armed forces covenant report, AFA 2011, s.2 |
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Custody |
Act |
The statutory provisions |
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Custody Proceedings |
The Armed Forces (Custody Proceedings) Rules 2009 |
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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 |
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Drugs |
Alcohol and Drug Tests |
The Armed Forces (Interpretation, Translation and Alcohol and Drug Tests) Rules 2013 |
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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) |
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See also |
Stop and Search |
| H |
Harassment |
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See below, Service Inquiries/Complaints |
| I |
Investigation |
Duties of COs |
AFA 2006, ss113-115 |
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Duty of service policeman |
AFA 2006, ss116-118 |
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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 |
| |
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3-46 |
Legal Support to Joint Operations |
| |
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315 |
MOD building performance standards, including Custody Facilities |
| |
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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. |
| |
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397 |
Service Police Codes of Practice, (6 March 2015) for regulating service police powers and investigatory procedures
Revised 31 October 2009 - no longer valid |
| |
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441 |
Managing Information in Defence |
| |
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751 |
Volume 1 (Management Of The Casualty)
Volume 2 (Management Of The Deceased) |
| |
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752 |
Tri-Service Regulations for Expenses and
Allowances |
| |
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754 |
Tri-service Regulations For Pay And Charges (Edition 18 dated 1 Apr 13 ) |
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760 |
Tri-Service Regulations for Leave and Other Types of Absence |
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761 |
Honours and Awards in the Armed Forces - Part 1 Directive |
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763 |
MOD bullying and harassment complaints procedures. |
| |
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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. |
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831 |
Redress of Individual Grievances: Service Complaints. |
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832 |
Service Inquiries. |
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833 |
Minor Administrative Action |
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835 |
Alcohol and Substance Misuse and Testing,
Version 2.0 – 1 November 2013 |
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837 |
Service Code of Practice for Persons in Service Custody |
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838 |
The Armed Forces Legal Aid Scheme (JSP 838) |
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839 |
Services to be provided by the armed forces to victims of crime |
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913 |
Tri-Service Policy on Domestic Abuse and Sexual Violence, Part 1 Directive |
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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 |
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Practice Memoranda |
Practice Memoranda past and present, on Court News |
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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]. |
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Sentencing Guide |
Sentencing Guide Version 6, June 2023 |
| L |
Legal Aid |
Case Management |
Court case management and trial readiness forms (downloadable) |
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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 |
|
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 |
|
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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 |
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Pay |
Forfeiture |
Armed Forces (Forfeitures and Deductions) Regulations 2009
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Police |
JSP 397 |
Service Police Codes of Practice
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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)
|
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Punishment |
Activation of Suspended Sentences |
Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009 |
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Commanding Officer |
Punishments available to commanding officer |
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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). |
|
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) |
|
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Civilian |
Sentencing Guidelines for use in the Crown Court. |
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Sentencing Guidelines for use in Magistrates’ Courts. |
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Military |
Guidance On Sentencing In the Service Courts. Version 6 released June 2023 |
|
Service Civilian Court |
Rules |
Armed Forces (Service Civilian Court) Rules 2009 |
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Youth Justice and Criminal Evidence Act 1999 Provisions relating to applications for reporting directions in respect of adult witnesses |
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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 |
|
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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 |
|
|
Prosecutors Protocol |
Text of the agreement on prosecutorial jurisdiction (2023) |
|
Statistics |
Court Martial |
Court Martial Statistics, from 2010 |
|
|
Summary Appeals |
Summary Appeal Database |
|
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Summary Dealings |
Summary Dealings Database |
|
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UK Armed Forces |
Detailed statistics for the Armed Forces of the United Kingdom |
|
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 |
| 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) |
|
|
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 |
| 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) |
| 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 2009 |
