Armed Forces Act 2006
The Armed Forces Act 2006 created a unified system of service law for the Royal Navy, the Army, and the Royal Air Force, replacing the three separate systems of naval, military, and air force law. The Act established the Court Martial as a single permanent military court with jurisdiction over all service personnel, replacing the separate naval courts martial, army courts martial, and air force courts martial. The Act also established the Service Civilian Court (replaced by the Service Civilian Court under the Armed Forces Act 2021) and the Summary Appeal Court. The Act governs the conduct of service personnel, the discipline system, the rights of appeal, and the role of the chain of command.
Legal area: Military law governs the conduct of armed forces personnel, including service discipline, courts martial, and the unique legal framework applying to service personnel.
Citation: Armed Forces Act 2006 (2006 c 52)
Full text: https://www.legislation.gov.uk/ukpga/2006/52
Key Provisions
- Part 1: Jurisdiction of the Court Martial and service civilian courts
- Section 42: Aiding the enemy (triable only by Court Martial)
- Part 5: Summary hearing and punishments (commanding officer’s powers)
- Part 8: Custody (arrest, custody, and bail provisions)
- Part 11: The Court Martial (judge advocate, constitution, procedures)
- Part 14: Sentencing (custodial sentences, dismissal, fines)
Significance
The Armed Forces Act 2006 modernised military justice in the UK. The creation of a single system of service law improved consistency and fairness. The Court Martial is headed by the Judge Advocate General and sits with a judge advocate and board members. Service law applies to all personnel wherever they are in the world and contains offences that have no civilian equivalent (desertion, absence without leave, conduct prejudicial to good order and discipline). The Act was amended by the Armed Forces Act 2021 to reform the Service Justice System and establish the Service Police Complaints Commissioner.