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Armed Forces Act 2006

Armed Forces Act 2006 s 164

s 164 Punishments available to Court Martial

(1) The second column of the following Table lists the punishments that may be awarded by sentence of the Court Martial, subject in the case of each punishment to any limitation shown in the third column opposite it. TABLE (2) Where this Act provides that a person guilty of a particular offence is liable to any punishment mentioned in the Table or in specified rows of the Table, it means he is liable to any one or more of the punishments so mentioned (subject in the case of each one to any limitation shown in the third column opposite it). (3) The previous provisions of this section are subject to (in particular)— ... Chapters 4 to 6 of Part 8 (imprisonment for two years or less , young offenders' custodial sentences, and mandatory etc sentences for serious offences); ... Part 9 (general provisions about sentencing) ; and Schedule 3A (offender elected Court Martial trial). (4) The Defence Council may by regulations restrict the extent to which persons of a description specified in the regulations may be reduced in rank or disrated under this section. (5) The court may not make a service community order unless— (a) the offender is aged 18 or over when convicted; and (b) it appears to the court that he will reside in the United Kingdom when the order is in force. (5A) The court may not make a driving disqualification order unless— (a) the offence was committed on or after the commencement of section 15 of the Armed Forces Act 2021, and (b) the court has been notified by the Secretary of State that the power to make such orders is exercisable by the court (and the notice has not been withdrawn). (6) Where regulations under row 11 of the Table authorise a minor punishment, they may— (a) confer on the Court Martial a power, when awarding the punishment, to direct that the punishment shall take effect from a date after the date of the award; (b) confer on the offender's commanding officer the function of deciding the details of the punishment; (c) provide for the delegation by the commanding officer of any of his functions under the regulations. (7) This section is modified in relation to certain offenders by Schedule 3 (civilians etc).

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