The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009

“Service offence”, “Schedule 2 offence”

42.—(1) In Part 5 of AFA 2006 (investigation, charging and mode of trial), any reference to a service offence includes an SDA offence.

(2) Paragraph (1) does not apply in relation to section 113(4) of that Act (definition of “Schedule 2 offence”); but in that Part “Schedule 2 offence” includes the following SDA offences—

(a)an offence under section 24 of AA 1955 or AFA 1955 or section 2 of NDA 1957 (misconduct in action);

(b)an offence under subsection (1)(a), (b), (c), (d) or (f) of section 25 of AA 1955 or AFA 1955 or of section 3 of NDA 1957 (assisting the enemy);

(c)an offence under section 26(1) of AA 1955 or AFA 1955 or section 4(1) of NDA 1957 (obstructing operations);

(d)an offence under section 30, 31 or 32 of AA 1955 or AFA 1955 or section 5, 9 or 10 of NDA 1957 (looting, munity, failure to suppress mutiny);

(e)an offence under section 37 of AA 1955 or AFA 1955 or section 16 of NDA 1957 (desertion) where the accused intends to avoid a period of active service within the meaning of section 8 of AFA 2006;

(f)an offence under section 44A(1)(f) of AA 1955 or AFA 1955 or section 29A(1)(f) of NDA 1957 (causing sequestration etc of aircraft) where the offender acts wilfully or with wilful neglect;

(g)an offence under section 48A of AA 1955 or AFA 1955 or section 19 of NDA 1957 (loss or hazarding of ship);

(h)an offence under section 49 of AA 1955 or AFA 1955 or section 20 of NDA 1957 (dangerous flying etc) where the offender acts wilfully or with wilful neglect;

(i)an offence under section 68 of AA 1955 or AFA 1955 or section 40 of NDA 1957 of attempting to commit an offence within any of sub-paragraphs (a) to (h) above;

(j)an SDA civil offence as respects which the corresponding civil offence is an offence mentioned in paragraph (3) below.

(3) The offences referred to in paragraph (2)(j) are—

(a)an offence within any sub-paragraph of paragraph 12 of Schedule 2 to AFA 2006;

(b)an offence under any of sections 1 to 7, 9 to 11, 16, 17, 19 to 24, 26 to 29 and 32 of the Sexual Offences Act 1956(1);

(c)an offence under section 128 of the Mental Health Act 1959(2);

(d)an offence under section 1 of the Indecency with Children Act 1960(3);

(e)an offence under section 4 or 5 of the Sexual Offences Act 1967(4);

(f)an offence under section 1 of the Criminal Attempts Act 1981(5), or at common law, of attempting to commit an offence within any of sub-paragraphs (a) to (e) above;

(g)an offence under section 1 of the Criminal Law Act 1977(6), or at common law, of conspiracy to commit an offence within any of sub-paragraphs (a) to (e) above;

(h)an offence at common law of incitement to commit an offence within any of sub-paragraphs (a) to (e) above;

(i)an offence under Part 2 of the Serious Crime Act 2007(7) where the offence (or one of the offences) which the offender intended or believed would be committed is an offence within sub-paragraph (a) above.