The Armed Forces (Review of Court Martial Sentence) Order 2009

JurisdictionUK Non-devolved
CitationSI 2009/1168
Year2009

2009 No. 1168

Defence

The Armed Forces (Review of Court Martial Sentence) Order 2009

Made 5th May 2009

Laid before Parliament 7th May 2009

Coming into force 31th October 2009

The Secretary of State in exercise of the powers conferred on him by section 273(3) of the Armed Forces Act 20061makes the following Order:

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Armed Forces (Review of Court Martial Sentence) Order 2009 and shall come into force on 31st October 2009.

S-2 Interpretation

Interpretation

2. In this Order—

the Act” means the Armed Forces Act 2006;

“the corresponding civil offence”, in relation to an offence under section 70 of the Army Act 19552, section 70 of the Air Force Act 19553or section 42 of the Naval Discipline Act 19574, means—

(a) the act or omission punishable by the law of England; or

(b) where the act or omission is not punishable by the law of England, the equivalent act or omission which if committed in England would be punishable by that law.

S-3 Application

Application

3. Any case of a description specified in the Schedule shall be specified for the purposes of section 273(3) of the Act.

Kevan Jones

Parliamentary Under Secretary of State

Ministry of Defence

5th May 2009

SCHEDULE

Article 3

Description of cases specified for the purposes of section 273(3) of the Act

SCH-1.1

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

(a) an offence under section 16 of the Offences Against the Person Act 18615(threats to kill);

(b) an offence under section 1 of the Children and Young Persons Act 19336(cruelty to persons under 16);

(c) an offence under section 4(2) or (3) (production or supply of a controlled drug), section 5(3) (possession of a controlled drug with intent to supply) or section 6(2) (cultivation of a cannabis plant) of the Misuse of Drugs Act 19717;

(d) an offence under section 50(2) or (3) (improper importation of goods), section 68(2) (exportation of prohibited or restricted goods) or section 170(1) or (2) (fraudulent evasion of duty) of the Customs and Excise Management Act 19798, insofar as those offences are in connection with a prohibition or restriction on importation or exportation of either—

(i) a controlled drug within the meaning of section 2 of the Misuse of Drugs Act 1971, such prohibition or restriction having effect by virtue of section 3 of that Act; or

(ii) an article prohibited by virtue of section 42 of the Customs Consolidation Act 18769but only insofar as it relates to or depicts a person under the age of 16;

(e) an offence under any of sections 29 to 32 (racially or religiously aggravated assaults; racially or religiously aggravated criminal damage; racially or religiously aggravated public order offences; racially or religiously aggravated harassment etc) of the Crime and Disorder Act 199810;

(f) an offence under one of the following sections of the Sexual Offences Act 200311

(i) section 3 (sexual assault);

(ii) section 4 (causing a person to engage in sexual activity without consent);

(iii) section 7 (sexual assault of a child under 13);

(iv) section 8 (causing or inciting a child under 13 to engage in sexual activity);

(v) section 9 (sexual activity with a child);

(vi) section 10 (causing or inciting a child to engage in sexual activity);

(vii) section 11 (engaging in sexual activity in the presence of a child);

(viii) section 12 (causing a child to watch a sexual act);

(ix) section 14 (arranging or facilitating commission of a child sex offence);

(x) section 15 (meeting a child following sexual grooming etc);

(xi) section 25 (sexual activity with a child family member);

(xii) section 47 (paying for sexual services of a child);

(xiii) section 48 (causing or inciting child prostitution or...

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