The Armed Forces (Review of Court Martial Sentence) (Amendment and Supplementary Provision) Regulations 2026

• Citation: S.I. 2026/693
• Sections: 3

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Armed Forces (Review of Court Martial Sentence) (Amendment and Supplementary Provision) Regulations 2026.

(2) These Regulations come into force on 23rd July 2026.

(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Section 2 Amendment of the Armed Forces (Review of Court Martial Sentence) Order 2009

(1) The Schedule to the Armed Forces (Review of Court Martial Sentence) Order 2009 (description of cases specified for the purposes of section 273(3) of the Armed Forces Act 2006) is amended as follows.

(2) In paragraph 1—

(a) after sub-paragraph (c) insert—

(ca) an offence under section 54 of the Criminal Law Act 1977 (inciting a girl under 16 to have incestuous sexual intercourse);

(cb) an offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children);

(b) after sub-paragraph (d) insert—

(da) an offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of child);

(db) an offence under section 4 (putting people in fear of violence) or section 4A (stalking involving fear of violence or serious harm or distress) of the Protection from Harassment Act 1997 ;

(c) in sub-paragraph (f) after paragraph (x) insert—

(xa) section 16 (abuse of position of trust: sexual activity with a child);

(xb) section 17 (abuse of position of trust: causing or inciting a child to engage in sexual activity);

(xc) section 18 (abuse of position of trust: sexual activity in the presence of a child);

(xd) section 19 (abuse of position of trust: causing a child to watch a sexual act);

(d) in sub-paragraph (f) after paragraph (xi) insert—

(xia) section 26 (inciting a child family member to engage in sexual activity);

(xib) section 30 (sexual activity with a person with a mental disorder impeding choice);

(xic) section 31 (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity);

(xid) section 32 (engaging in sexual activity in the presence of a person with a mental disorder impeding choice);

(xie) section 33 (causing a person, with a mental disorder impeding choice, to watch a sexual act);

(e) after sub-paragraph (f) insert—

(fa) an offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation);

(fb) an offence under section 71 of the Coroners and Justice Act 2009 (slavery, servitude and forced or compulsory labour);

(fc) an offence under section 76 of the Serious Crime Act 2015 (controlling or coercive behaviour in an intimate or family relationship);

(f) after paragraph 1 insert—

(1A)

(1) Any case where the corresponding offence under the law of England and Wales is—

(a) an offence under one of the following sections of the Terrorism Act 2000 —

(i) sections 11 or 12 (offences relating to proscribed organisations);

(ii) sections 15 to 18 (offences relating to terrorist property);

(iii) section 19 (disclosure of information: duty);

(iv) section 21A (failure to disclose: regulated sector);

(v) section 21D (tipping off: regulated sector);

(vi) section 38B (failure to disclose information about acts of terrorism);

(vii) section 39 (disclosure of information);

(viii) section 54 (weapons training);

(ix) sections 57 to 58A (possessing things, collecting information and eliciting, publishing or communicating information about members of the armed forces etc for the purposes of terrorism);

(b) an offence under section 113 of the Anti-Terrorism, Crime and Security Act 2001 (use of noxious substances or things to cause harm or intimidate);

(c) an offence under one of the following sections of the Terrorism Act 2006 —

(i) sections 1 or 2 (encouragement of terrorism);

(ii) sections 6 or 8 (training for terrorism);

(d) an offence under section 54 of the Counter-Terrorism Act 2008 (offences relating to notification);

(e) an offence under section 23 of the Terrorism Prevention and Investigation Measures Act 2011 (offence of contravening a TPIM notice);

(f) an offence under section 10 of the Counter-Terrorism and Security Act 2015 (offences of contravening a Temporary Exclusion Order or not complying with a restriction after a return).

(2) Any case where the corresponding offence under the law of England and Wales is—

(a) an offence under section 20 of the Offences Against the Person Act 1861 (inflicting bodily injury with or without weapon);

(b) an offence under the following provisions of the Criminal Damage Act 1971 —

(i) section 1(1) (destroying or damaging property);

(ii) section 1(1) and (3) (arson);

(iii) section 2 (threats to destroy or damage property);

(c) an offence under sections 1 to 5 of the Forgery and Counterfeiting Act 1981 ;

where there is jurisdiction in England and Wales by virtue of any of sections 63B to 63D of the Terrorism Act 2000 (extra-territorial jurisdiction in respect of certain offences committed outside the United Kingdom for the purposes of terrorism etc).

(3) Any case where the corresponding offence under the law in England and Wales is—

(a) an offence under section 4 of the Aviation Security Act 1982 (offences in relation to certain dangerous articles);

(b) an offence under section 114 of the Anti-Terrorism, Crime and Security Act 2001 (hoaxes involving noxious substances or things)

where the Court Martial has determined that the offence has a terrorist connection under section 69 of the Sentencing Code (sentences for offences with a terrorist connection: England and Wales).

(3) In paragraph 2, for “or paragraph 1(f)”, in both places it occurs, substitute “, paragraph 1(f) to (g), or paragraph 1A” .

(4) In paragraph 3, after “paragraphs 1” insert “, 1A” .

(5) In paragraph 4, for “or paragraph 1(f)”, in both places it occurs, substitute “, paragraph 1(f) to (g), or paragraph 1A” .

Section 3 Amendment of the Armed Forces (Review of Court Martial Sentence) (Supplementary Provision) Regulations 2009

(1) Regulation 3 of the Armed Forces (Review of Court Martial Sentence) (Supplementary Provision) Regulations 2009 is amended as follows—

(2) At the end of paragraph 1 insert “, subject to paragraph (1A)” .

(3) After paragraph 1 insert—

(1A) Where—

(a) the Attorney General receives a request to review the sentencing of a person, and

(b) the request is received in the last 14 days of the 28-day period mentioned in paragraph (1),

notice of an application for leave to refer the case in question to the Court Martial Appeal Court may be given within 14 days from the day on which the request is received.

(1B) For the purposes of this Part, a certificate of the Attorney General as to the date on which a request to review the sentencing of a person was received is conclusive evidence of that fact.

(1C) Where more than one request to review the sentencing of a person is received, reference in paragraphs (1A) and (1B) to a request are to the first request that is received.