Armed Forces Act 2006, Part 1 — Civilian offenders (1–2) — Full Text

1

(1) In relation to a civilian offender, section 164 (punishments available to Court Martial) has effect as if subsections (4), (6) and (7) were omitted and as if for the Table there were substituted— TABLE (2) A person is a “ civilian offender ” for the purposes of this Part of this Schedule if he has committed a service offence and— (a) he was a civilian when he committed the offence; (b) he is a civilian when sentenced for the offence; and (c) he remained a civilian throughout the period between committing the offence and being sentenced. (3) In sub-paragraph (2) “ a civilian ” means a person who is— (a) not a member of the regular forces; (b) not a member of the reserve forces; and (c) not liable to recall. (4) For the purposes of this paragraph a person is “liable to recall” if— (a) under section 65(1) of the Reserve Forces Act 1996 (c. 14) he is liable to be recalled for service; or (b) he is liable to be recalled as mentioned in section 35(1) of the Reserve Forces Act 1980 (c. 9).

2

For the purposes of determining the Court Martial's powers when sentencing a civilian offender for an offence under section 42, section 42(3) (maximum penalties) has effect as if the reference to rows 5 to 14 were to rows 2 to 9 .