Last amended by Armed Forces Act 2021 in 2021. Made the Court Martial permanent, strengthened service justice governance, introduced Service Police Complaints Commissioner, and enhanced service family support.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Armed Forces Act 2006 created a single system of service law covering the Royal Navy, Army, and Royal Air Force. It established the Court Martial as a permanent standing court, codified service offences from mutiny to absence without leave, and set out the service discipline system including summary hearings and appeals to the Service Civilian Court.
Key Points
- Creates a unified system of service law applying to all three services (Part 1)
- Defines service offences including mutiny, desertion, AWOL, and misconduct (Part 1)
- Establishes Court Martial as permanent court with judge advocate and lay members (Part 4)
- Provides for Service Civilian Court for civilians subject to service discipline (Part 5)
- Sets out powers of arrest, search, and detention by service police (Part 3)
- Creates Service Complaints system for grievances (Part 14)
- Single system of service law for Army, Navy, and RAF
- Service offences include both criminal and purely disciplinary offences
- Court Martial: the standing court for serious service offences
- Summary hearing by commanding officers for minor offences
- Service complaints system and Service Complaints Ombudsman
- Must be renewed by Parliament every 5 years (Armed Forces Act continuation)
- Court Martial jurisdiction for serious offences
- Service complaints system with Ombudsman oversight
- Both criminal offences and purely disciplinary offences
Parts & Sections
Amendments History
2021 — Armed Forces Act 2021
Made the Court Martial permanent, strengthened service justice governance, introduced Service Police Complaints Commissioner, and enhanced service family support.
2021 — Armed Forces Act 2021
Established the Service Police Complaints Commissioner, reformed serious crime jurisdiction, and introduced a duty of the covenant.
2021 — Armed Forces Act 2021
Extended court martial jurisdiction and created the Service Police Complaints Commissioner.
Frequently asked questions
- Which military branches does the Armed Forces Act 2006 apply to?
- The Armed Forces Act 2006 created a single, unified system of service law that applies to all three branches of the military: the Royal Navy, the Army, and the Royal Air Force. This legislation consolidated previous separate laws into one framework, ensuring consistent legal standards across the services for both criminal and disciplinary matters.
- What counts as a service offence under the Act?
- A service offence is committed if a person subject to service law performs an act that is an offence under the Act or would be a criminal offence under the law of England and Wales. The Act defines specific offences such as mutiny, desertion, and absence without leave, alongside general criminal conduct that breaches service discipline.
- What is the role of the Court Martial?
- The Court Martial is the permanent standing court established to handle serious service offences. It is composed of a judge advocate and lay members. For minor offences, commanding officers may conduct summary hearings. Additionally, the Act provides for a Service Civilian Court to handle cases involving civilians who are subject to service discipline.
- How can service personnel raise grievances or complaints?
- The Act establishes a Service Complaints system for service personnel to raise grievances. This system includes oversight by a Service Complaints Ombudsman. The legislation also sets out powers for service police regarding arrest, search, and detention, and defines the scope of jurisdiction for both criminal and purely disciplinary matters.
- How long does the Armed Forces Act 2006 remain in force?
- The Armed Forces Act 2006 must be renewed by Parliament every five years to remain in force. This requirement ensures that the legal framework governing the military is regularly reviewed and updated by the legislature, maintaining its relevance and authority within the UK legal system.