UK Act of Parliament
2006
United Kingdom
Armed Forces Act 2006
At a glance
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Browse 571 other Schedules — structural / supplementary
An offence under section 25 of that Act (tampering with...
An offence under section 28 of that Act (dangerous cycling)....
An offence under section 29 of that Act (careless cycling...
An offence under section 47 of the Offences against the...
An offence under section 1 of the Prevention of Crime...
An offence under section 1(1A) of the Restriction of Offensive...
An offence under section 13 of the Theft Act 1968...
An offence under section 139 of the Criminal Justice Act...
An offence under section 141(1A) of the Criminal Justice Act...
An offence under section 125 of the Communications Act 2003...
An offence under section 126 of that Act (possession or...
An offence under section 1 of the Fraud Act 2006...
An offence under section 12 of that Act (taking vehicle...
An offence under section 11 of that Act (dishonestly obtaining...
An offence under section 1(1) of the Offensive Weapons Act...
An offence under section 3(2) or (3) of the Offensive...
An offence under section 6(1) of the Offensive Weapons Act...
An offence under section 38(2) or (3) of the Offensive...
An offence under section 5(2) of the Misuse of Drugs...
An offence under section 1(1) of the Criminal Damage Act...
An offence under section 3 of the Theft Act 1978...
An offence under section 9 of the Criminal Attempts Act...
An offence under section 39 of the Criminal Justice Act...
An offence under section 3 of the Road Traffic Act...
An offence under section 5 of that Act (driving a...
An offence under section 5A of that Act (driving a...
An offence under section 1 (assisting an enemy).
An offence under section 39 of attempting to commit an...
An offence under section 40 of encouraging or assisting the...
An offence under section 42 (criminal conduct) as respects which...
An offence under section 42 as respects which the corresponding...
An offence under paragraph 4 of Schedule 2A (lay member...
An offence under paragraph 5 of Schedule 2A (disclosing information...
An offence under section 2(1) (misconduct on operations).
An offence under section 3 (obstructing operations) which relates to...
An offence under section 4(1) or (2) (looting).
An offence under section 6 (mutiny).
An offence under section 7 (failure to suppress mutiny).
An offence under section 8 (desertion) where the accused intended...
An offence under section 31(1) (hazarding of ship).
An offence under section 33(1) (dangerous flying etc).
(1) In this Schedule, “ lay member ” means a...
(1) It is an offence for a lay member of...
(1) It is an offence for a lay member of...
(1) It is an offence for a lay member of...
(1) It is an offence for a person intentionally—
(1) It is not an offence under paragraph 5 for...
(1) It is not an offence under paragraph 5 for...
(1) It is not an offence under paragraph 5 to...
Nothing in paragraph 2, 3 or 4 affects what constitutes...
(1) In relation to a civilian offender, section 164 (punishments...
For the purposes of determining the Court Martial's powers when...
(1) In relation to an offender to whom this Part...
For the purposes of determining the Court Martial's powers when...
For the purposes of this Schedule an offence is “relevant”...
Further provision about sentencing
Activation of suspended sentence of detention
Court orders other than sentences
Review of unduly lenient sentences
Appeals: application of Court Martial Appeals Act 1968 to multiple ...
“Commanding officer”
Substituted charges
An offence of which a person is convicted falls within...
An offence of which a person (“the accused”) is convicted...
Where— (a) a person (“the accused”) elects Court Martial trial...
Where— (a) a person (“the accused”) is charged with an...
Sentencing powers: single relevant offence
Multiple relevant offences
Sentencing powers: multiple relevant offences
For the purposes of section 169(2)(a) of this Act, section...
For the purposes of section 169(2)(a) of this Act, section...
In relation to a case where section 169 applies but...
In relation to a case where section 169 applies but...
(1) In relation to a case where section 169 applies...
(1) In Schedule 8 to the 2003 Act (breach, revocation...
(1) In Schedule 8 to the 2003 Act (breach, revocation...
(1) For the purposes of that Schedule as it applies...
Paragraphs 5(1)(b) and 6(1) of that Schedule (warning and laying...
Paragraph 5(1) of that Schedule (duty to give warning) has...
Paragraph 6(1) of that Schedule (breach of order after warning)...
Paragraph 8 of that Schedule (issue of summons or warrant...
Paragraph 10 of that Schedule (powers of Crown Court on...
(1) The following provisions apply where the Court Martial or...
Paragraph 14 of that Schedule (Crown Court's powers of revocation)...
In Part 4 of that Schedule (amendment of order) as...
Paragraph 17 of that Schedule has effect in relation to...
Paragraph 21 of that Schedule (powers of magistrates' court on...
Paragraph 23 of that Schedule (powers of Crown Court on...
Paragraphs 5(1)(b) and 6(1) of that Schedule (warning and laying...
In paragraph 26 of that Schedule as it applies to...
Paragraph 27 of that Schedule has effect in relation to...
If Court Martial rules provide that powers of the Court...
A person who— (a) is sentenced by the Court Martial...
Paragraph 6A(1) of that Schedule (role of enforcement officer) has...
Paragraph 8 of that Schedule (issue of summons or warrant...
Paragraph 14 of that Schedule (Crown Court's powers of revocation)...
In Part 4 of that Schedule (amendment of order) as...
In paragraph 19 of that Schedule (amendment in relation to...
Paragraph 22 of that Schedule (committal to Crown Court on...
(1) This paragraph applies for the purposes of construing the...
Where a sentence is passed by virtue of paragraph 8...
An unpaid work requirement, as defined by paragraph 1(1) of...
Where an exclusion requirement, as defined by paragraph 11(1) of...
(1) In relation to an overseas community order made in...
(1) In paragraph 17(1) of Schedule 9 to the Sentencing...
(1) In relation to an overseas community order made in...
An alcohol treatment requirement, as defined by paragraph 23(1) of...
(1) An overseas community order made in respect of an...
The powers of the Secretary of State under paragraph 13...
Schedule 10 to the Sentencing Code (breach, revocation or amendment...
Part 5 (conviction of further offence) has effect as if—...
Part 6 (supplementary) has effect as if—
Paragraph 27 (provision of copies of orders etc) has effect...
If Court Martial Rules provide that powers of the Court...
A person who— (a) is sentenced by the Court Martial...
Part 1 (preliminary) has effect as if—
Part 2 (breach of requirement of order) has effect as...
Paragraph 6 (duty to give warning or refer matter to...
The paragraph 8A (substituted for paragraphs 8 and 9) is...
Paragraph 11 (powers of Crown Court) has effect as if—...
The paragraph 11A to be inserted after paragraph 11 is...
Part 3 (revocation of order with or without re-sentencing) has...
Part 4 (amendment of order) has effect as if—
Schedule 16 to the Sentencing Code (breach or amendment of...
Paragraph 17 (treatment requirement: reasonable refusal to undergo certain treatment)...
Paragraph 18 (duty of court in Scotland or Northern Ireland...
Paragraph 19 (issue of summons or warrant where court convicting...
Part 3 (amendment of order) has effect as if in...
Part 4 (supplementary) has effect as if in paragraph 28...
Part 1 (preliminary) has effect as if—
Part 2 (breach of community requirement or conviction of further...
Paragraph 11 (offender before magistrates' court: further conviction) has effect...
Paragraph 12 (offender before Crown Court: breach of community requirement...
Paragraph 13 (powers of court to deal with offender on...
Paragraph 14 (exercise of power in paragraph 13: duty to...
Paragraph 15 (activation orders: further provision) has effect as if—...
The Courts-Martial (Appeals) Act 1968 (c. 20) is amended as...
In section 12 (power to quash conviction as unsafe)—
For section 13 (adjustment of sentence in case of conviction...
(1) Section 14 (substitution of conviction on different charge) is...
In section 14A (substitution of conviction on different charge after...
Omit section 15 (variation of conviction so as to attract...
In section 16 (substitution of finding of insanity etc)—
For section 16A (powers on appeals against sentence) substitute— Appeals...
In section 17 (sentences passed by the Appeal Court)—
Omit section 17A (application of certain provisions of SDAs in...
Omit section 18 (retrial generally excluded).
For the heading to Part 1 substitute “ THE COURT...
In section 19 (power to authorise retrial in certain cases)—...
In section 20 (implementation of authority for retrial etc)—
In section 21 (appeal against finding of not guilty by...
In section 22 (consequences where appeal under section 21 allowed)—...
Omit section 23 (substitution of finding of unfitness to stand...
In section 24 (appeal against finding of unfitness)—
(1) Section 25 (disposal of appeals under section 24) is...
For section 25A (right of appeal against hospital order etc)...
In section 25B (disposal of appeals under section 25A)—
Omit section 26 (presentation of appellant's case).
In section 1(1) (the court) for the words from the...
For section 27 (presence of appellant at hearing) substitute— Right...
In section 28 (evidence)— (a) in subsection (1)—
In section 29 (power to call for report by member...
In section 31 (costs of successful appeal) in subsection (2),...
In section 32 (costs against appellant) in subsection (2) for...
In section 33 (witnesses' expenses) after subsection (1) insert—
In section 34 (reference of cases by service authorities)—
In section 36 (powers exercisable by single judge) in subsection...
In section 36C (appeals against procedural directions) in subsection (5)(b)—...
For section 37 (provision of documents relating to trial) substitute—...
In section 4 (sittings) omit subsection (2).
In section 38 (defence of appeals) for “Defence Council” substitute...
For the heading to Part 3 substitute “ APPEAL FROM...
In section 39 (right of appeal to Supreme Court) in...
In section 43 (detention of accused)— (a) for subsection (1)...
Omit section 46 (restitution of property).
In section 47 (costs)— (a) in subsection (1) for “Secretary...
(1) Section 48A (appeals on behalf of deceased persons) is...
In section 50 (duties of registrar with respect to appeals...
In section 52 (removal of prisoners) for paragraphs (a) to...
In section 54 (saving for prerogative) in subsection (1) for...
In section 5 (constitution of court for particular sittings), in...
For section 56 substitute— Modifications for protected prisoners of war...
(1) Section 57 (interpretation) is amended as follows.
Omit section 58 (consequential amendments).
In section 61 (short title and commencement), in subsection (1)...
For Schedule 1 (provisions as to retrial) substitute— SCHEDULE 1...
Omit Schedule 3 (modifications in relation to prisoners of war)....
Omit Schedule 4 (consequential amendments).
For the heading to Part 2 substitute “ APPEALS FROM...
In section 8 (right of appeal against conviction or sentence)—...
Omit section 10 (alternative procedure for appeal from court-martial abroad)....
In section 11(1) (consideration of application by Appeal Court) omit...
(1) A person is qualified for appointment as an assessor...
A person shall hold and vacate office as an assessor...
A person shall vacate office as an assessor—
A person may at any time resign his office as...
Subject to paragraph 6, the Secretary of State may at...
(1) The exercise of the power conferred by paragraph 5...
An assessor shall be paid such remuneration and allowances as...
Subject to any provision made by SCC rules, the Service...
Where on a trial of a charge by the Service...
A witness before the Service Civilian Court or any other...
After section 29 of the Court Martial Appeals Act 1968...
(1) Section 30 of that Act is amended as follows....
(1) In section 33 of that Act (extent), after subsection...
After section 12 of the Criminal Appeal Act 1995 (c....
In section 13(1) of that Act (conditions for making of...
(1) Section 14 of that Act (further provisions about references)...
(1) Section 15 of that Act (investigations for Court of...
In section 16 of that Act (assistance in connection with...
(1) Section 18 of that Act (Government documents etc relating...
(1) Section 19 of that Act (power to require appointment...
(1) Section 22 of that Act (meaning of “public body”...
(1) In this Schedule references to the relevant conditions, in...
Where a power is conferred on any person by virtue...
While a person is being conveyed, removed or detained by...
(1) In this Schedule “overseas service hospital” means a service...
(1) This paragraph has effect in relation to—
(1) This paragraph makes provision as to the effect of...
(1) A recommendation under paragraph 2 must include a statement...
(1) This paragraph has effect in relation to a person...
(1) The Secretary of State may make regulations for enabling...
(1) This paragraph applies if— (a) a registered medical practitioner...
(1) This paragraph applies if a service policeman has reasonable...
(1) This paragraph applies if a service policeman finds a...
(1) Section 17 of the Armed Forces Act 1991 (power...
(1) Section 18 of that Act (content, effect, variation and...
(1) Section 19 of that Act (power to make orders...
(1) Section 20 of that Act (content and effect of...
After that section insert— Power to include exclusion requirement in...
(1) Section 21 of that Act (duration of protection orders)...
(1) Section 22 of that Act (review and discharge of...
After that section insert— Removal and accommodation of children by...
(1) Section 23 of that Act (interpretation) is amended as...
In section 10 of the Reserve Forces Act 1980 (call...
In section 26(2) of that Act (call out notices), omit...
In section 30(2) of that Act (liability of naval and...
(1) Section 31 of that Act (liability of army and...
(1) Section 32 of that Act (occasion for and period...
In section 34(3) of that Act (liability of certain former...
In section 39(1)(a) of that Act (application of section 38)...
Omit section 44 of that Act (requirement as to training...
In section 48 of that Act (void enlistment in the...
Omit section 139 of that Act (enrolment etc of members...
In section 140 of that Act (orders and regulations as...
In section 11(2)(a) of that Act (call out for warlike...
Omit sections 141 to 144 of that Act (provisions relating...
In section 145 of that Act (reinstatement in civil employment)...
In section 146 of that Act (protection of other civil...
(1) Section 156 (interpretation) is amended as follows.
(1) Schedule 8 to that Act (saving and transitional provisions)...
In section 2(2)(a) of the Reserve Forces Act 1996 (membership...
In section 4(1)(b) of that Act (orders and regulations concerning...
Omit section 7 of that Act (provision with respect to...
In section 13(7) of that Act (transfer of non-officers between...
In section 15(1) of that Act (discharge by commanding officer)...
In section 18(2) of that Act (permanent service call out...
In section 24(2) of that Act (commitment to a period...
In section 25(2) of that Act (additional duties commitments)—
In section 27 of that Act (voluntary training and other...
In each of sections 53, 55 and 57 of that...
After section 53 of that Act insert— Agreement to alter...
After section 55 of that Act insert— Agreement to alter...
After section 57 of that Act insert— Agreement to alter...
In section 66(2)(b) of that Act (persons who may be...
In section 72 of that Act (release and discharge from...
(1) Section 95 of that Act (offences against orders and...
In section 19 of that Act (duration of Army Reserve...
(1) Section 96 of that Act (failure to attend for...
(1) Section 97 of that Act (failure to attend for...
(1) Section 98 of that Act (trial and punishment of...
Omit section 99 of that Act (false pretence of illegal...
For section 100 of that Act (arrest of deserters etc)...
Omit section 102 of that Act (record of illegal absence)....
In section 104 of that Act, omit subsection (3).
(1) Section 105 of that Act (trial of offences by...
Omit section 106 of that Act.
In section 107 of that Act (time for institution of...
In section 19A of that Act (postponement of discharge of...
In section 108 of that Act (evidence) for subsections (1)...
Omit section 124 of that Act (exemption from tolls etc)....
Omit section 126 of that Act (amendments relating to transfers...
(1) Section 127 of that Act (interpretation) is amended as...
(1) Schedule 1 to that Act (enlistment) is amended as...
Omit Schedule 2 to that Act (deserters and absentees without...
Omit Schedule 3 to that Act (evidence).
Omit Schedule 7 to that Act (postponement of transfer to...
In Part 2 of Schedule 9 to that Act (transitional...
In Schedule 10 to that Act (minor and consequential amendments)...
In section 21 of that Act (duration of Air Force...
In section 21A of that Act (postponement of discharge of...
Omit section 24 of that Act (permanent service call out...
Omit section 25 of that Act (emergency service call out...
Status
The Commissioner is not to be regarded—
Appointment
Disqualification
Vacancy or incapacity
Term of office
Delegation of functions
Liability
Status
Liability
Financial and other assistance from the Secretary of State
The Commissioner is not to be regarded—
Appointment
Disqualification
Term of office
Deputy Commissioners
Vacancy or incapacity
Staff
Delegation of functions
(1) A person is within this paragraph if he is...
(1) A person is within this paragraph (subject to paragraph...
(1) A person who is not a United Kingdom national...
(1) In this Schedule “designated area” means an area which—...
In this Schedule references to a person residing or staying...
For the purposes of paragraphs 5(1)(c), 10 and 11, a...
(1) A person is within this paragraph if he is...
(1) A person is within this paragraph if—
(1) A person is within this paragraph (subject to paragraph...
(1) A person is within this paragraph (subject to paragraph...
(1) A person is within this paragraph (subject to paragraph...
(1) A person is within this paragraph (subject to paragraph...
A person is within this paragraph (subject to paragraph 11)...
(1) A person is within this paragraph (subject to paragraph...
In section 2 of the Metropolitan Police Act 1860 (swearing...
In section 33 of that Act (short title) for “Regimental...
In section 63A(1B) of the Police and Criminal Evidence Act...
In section 67 of that Act (codes of practice: supplementary),...
(1) Section 72 of that Act (provision supplementary to Part...
In section 75(3) of that Act (supplementary provision about conviction...
(1) Section 82 of that Act (interpretation of Part 8...
(1) Section 113 of that Act (application of Act to...
(1) Section 120 of that Act (extent) is amended as...
In section 19 of the Prosecution of Offences Act 1985...
In section 622(1) of the Housing Act 1985 (minor definitions),...
In section 73(3)(b) of the Debtors (Scotland) Act 1987, for...
In section 4 of the Uniforms Act 1894 (interpretation)—
In section 8 of the Coroners Act 1988 (duty to...
In section 19 of that Act (post-mortem examination without inquest)...
In the Criminal Justice Act 1988, omit section 50 (suspended...
In section 146 of that Act (evidence before service courts)—...
In section 172 of that Act (extent), for subsections (7)...
(1) Schedule 13 to that Act (evidence before service courts)...
In section 183 of the Road Traffic Act 1988 (application...
(1) Section 184 of that Act (application of sections 5...
In Article 66 of the Police and Criminal Evidence (Northern...
In Article 70 of that Order (interpretation of Part IX...
(1) Section 6 of the Criminal Evidence Act 1898 (application...
In Article 73(3) of that Order (supplementary provision about conviction...
In section 119(1) of the Courts and Legal Services Act...
In section 24 of the Armed Forces Act 1991 (extent...
(1) Schedule 1 to the Local Government Finance Act 1992...
In section 2 of the Sexual Offences (Amendment) Act 1992...
In section 3 of that Act (power to displace restrictions...
In section 4 of that Act (special rules for cases...
(1) Section 6 of that Act (interpretation etc) is amended...
Omit section 7 of that Act (courts-martial).
In section 8 of that Act (short title, commencement and...
In section 2(1) of the Air Force (Constitution) Act 1917...
In section 39 of the Criminal Justice and Public Order...
In Schedule 3 to the Goods Vehicles (Licensing of Operators)...
In section 166(5)(a) of the Pensions Act 1995 (pensions on...
In section 307 of the Criminal Procedure (Scotland) Act 1995...
In section 68 of the Disability Discrimination Act 1995 (interpretation)—...
In Article 162(5)(a) of the Pensions (Northern Ireland) Order 1995...
In section 192 of the Employment Rights Act 1996 (armed...
For section 78 of the Criminal Procedure and Investigations Act...
In section 6 of the Armed Forces Act 1996 (abrogation...
In section 199(4) of the Housing Act 1996 (local connection),...
(1) Section 4 of the Visiting Forces (British Commonwealth) Act...
In Part 1 of Schedule 1 to the Social Security...
In section 31A(5) of the Crime (Sentences) Act 1997 (termination...
(1) Section 34 of that Act (meaning of “life sentence”...
In section 47(4) of that Act (application of section 47),...
In section 57 of that Act (extent etc), for subsection...
In Schedule 1 to that Act (transfer of prisoners within...
(1) Section 93 of the Police Act 1997 (authorisations to...
In section 94(2)(db) of that Act (authorisations given in absence...
In section 108(1) of that Act (interpretation of Part 3),...
In section 113B(10) of that Act (enhanced criminal record certificates:...
In Regulation 6 of the Defence (Armed Forces) Regulations 1939—...
(1) Article 71 of the Race Relations (Northern Ireland) Order...
In Part 1 of Schedule 1 to the Social Security...
In section 5(7) of the Landmines Act 1998 (international military...
In section 38(4)(h) of the Crime and Disorder Act 1998...
In section 41(5) of that Act (functions of Youth Justice...
In Schedule 3 to that Act (procedure where persons sent...
In section 4(5)(c) of the Human Rights Act 1998 (declaration...
In section 5(5) of that Act (right of Crown to...
In section 44(13)(c) of the Youth Justice and Criminal Evidence...
In section 63(1) of that Act (interpretation of Part 2),...
In section 29 of the Courts-Martial (Appeal) Act 1951 (appointment...
In section 68 of that Act (extent etc), omit subsection...
In Schedule 7 to that Act (transitional provision), in paragraph...
In section 44(1)(a) of the Welfare Reform and Pensions Act...
(1) Section 82A of the Powers of Criminal Courts (Sentencing)...
In section 99 of that Act (conversion of sentence of...
(1) Section 106A of that Act (which relates to the...
For section 114 of that Act substitute— Offences under service...
(1) Section 134 of that Act (effect of compensation order...
In section 163 of that Act (general definitions), in the...
In section 18(11) of the Regulation of Investigatory Powers Act...
In section 43 of the Prison Act 1952 (young offender...
In section 32(6)(g) of that Act (senior authorising officers for...
(1) Section 33 of that Act (rules for grant of...
In section 34(4)(g) of that Act (persons entitled to grant...
In section 41(7) of that Act (Secretary of State authorisations),...
In section 56(1) of that Act (interpretation of Part 3...
(1) Section 81 of that Act (general interpretation) is amended...
In section 30 of the Freedom of Information Act 2000...
In section 1 of the Criminal Justice and Court Services...
After section 5 of that Act insert— Local probation boards...
(1) Section 27 of that Act (armed forces offences equivalent...
(1) Section 13 of the Visiting Forces Act 1952 (apprehension...
(1) Section 30 of that Act (disqualification from working with...
In section 31(2) of that Act (appeals) for “a court-martial”,...
In section 33 of that Act (provisions relating to application...
In section 42 of that Act (interpretation of Part 2...
In section 62(5) of that Act (meaning of “sentence of...
In section 64(5) of that Act (meaning of “sentence of...
In section 81(2) of that Act (extent)—
In section 88(8) of the Criminal Justice and Police Act...
In section 32(6) of the International Criminal Court Act 2001...
In section 67(3) of that Act (definition of person subject...
In section 14 of that Act (evidence for purposes of...
In section 75 of that Act (meaning of “national court”...
In Part 1 of Schedule 2 to that Act (delivery...
(1) Section 26 of the Armed Forces Act 2001 (power...
(1) Section 27 of that Act (costs against legal representatives)...
(1) Section 28 of that Act (provisions supplementary to sections...
(1) Section 30 of that Act (conditional release from custody)...
In Schedule 1 to the Anti-terrorism, Crime and Security Act...
In section 308(4)(a) of the Proceeds of Crime Act 2002...
In section 90(1) of the Railways and Transport Safety Act...
In section 101(1) of that Act (military application), for the...
In section 3 of the Naval and Marine Pay and...
After section 91 of the Army Act 1955 insert— Preliminary...
In section 3 of the Extradition Act 2003 (arrest under...
In section 5 of that Act (provisional arrest), for subsections...
In section 71 of that Act (arrest warrant following extradition...
In section 73 of that Act (provisional warrant)—
In section 155 of that Act (service personnel) for the...
In section 216 of that Act (interpretative provisions)—
In section 81(3)(b) of the Sexual Offences Act 2003 (persons...
In section 116 of that Act (qualifying offenders for purposes...
(1) Section 131 of that Act (young offenders: application) is...
(1) Section 133 (Part 2: general interpretation) is amended as...
(1) Section 103 of that Act (rules) is amended as...
In section 134(1) of that Act (conditional discharges and probation...
(1) Section 137 of that Act (service courts) is amended...
(1) Schedule 3 to that Act (sexual offences for purposes...
In Schedule 5 to that Act (other offences for purposes...
(1) Section 94 of the Criminal Justice Act 2003 (extension...
In section 112(1) of that Act (interpretation of Chapter 1...
In section 143(4) of that Act (meaning of “previous conviction”),...
(1) Section 151 of that Act (community order for persistent...
For section 233 of that Act substitute— Offences under service...
In section 237 of that Act (meaning of “ fixed-term...
In section 120 of that Act (suspension of sentences), after...
In section 241 of that Act (effect of direction under...
In section 246 of that Act (disapplication of power to...
In section 251(3) of that Act (licence conditions on re-release...
(1) Section 252 of that Act (duty to comply with...
In section 260 of that Act (disapplication of power to...
In section 263(1)(a) of that Act (concurrent terms), omit “by...
In section 268 of that Act (interpretation of Chapter 6...
In section 269(3)(b) of that Act (determination of minimum term...
In section 272 of that Act (review of minimum term...
After section 91 of the Air Force Act 1955 insert—...
In section 277 of that Act (interpretation of Chapter 7...
In section 305(1) of that Act (interpretation of Part 12)—...
In section 329 of that Act (civil proceedings for trespass...
(1) Section 337 of that Act (extent) is amended as...
(1) Schedule 6 to that Act (modifications for armed forces...
(1) Schedule 7 to that Act (modifications for armed forces...
In Schedule 21 to that Act (determination of minimum term...
In section 47(9) of the Crime (International Co-operation) Act 2003...
(1) Section 8 of the Domestic Violence, Crime and Victims...
In section 45(1) of that Act (interpretation of sections 35...
(1) Section 103 of that Act (rules) is amended as...
For section 62(4) of that Act (extent) substitute—
In section 39(6)(c) of the Human Tissue Act 2004 (criminal...
In Part 2 of Schedule 4 to that Act (use...
In section 245(2) of the Civil Partnership Act 2004 (interpretation),...
In Part 2 of Schedule 14 to the Constitutional Reform...
In section 354(2) of the Gambling Act 2005 (Crown application),...
In Part 1 of Schedule 7 to that Act (relevant...
In section 120 of that Act (suspension of sentences), after...
In section 47M of the Naval Discipline Act 1957 (judicial...
In section 52C(4) of that Act (powers of higher authority),...
(1) Section 52D of that Act (summary trial) is amended...
In section 52FG(1) of that Act (judge advocates of the...
In section 9 of that Act (Order in Council not...
In section 52FJ(3) of that Act (constitution of summary appeal...
In section 53B(1) of that Act (judge advocate of a...
In section 53C(2) of that Act (ordering of courts martial),...
(1) Section 58 of that Act (rules) is amended as...
After section 58 of that Act insert— Preliminary hearings as...
In section 59(4A) of that Act (challenge by accused), for...
In section 63A(5)(b) of that Act (powers to deal with...
In section 64 of that Act (summoning of witnesses)—
In section 73 of that Act (saving for functions of...
(1) Section 1 of the Registration of Births, Deaths and...
In section 2 of the Naval Pensions Act 1884 (application...
In section 2(1) of that Act (records of births and...
In section 4 of that Act (validation of certain entries)—...
In section 5(1)(b) of that Act (registration of births of...
In Schedule 1 to the Public Records Act 1958 (definition...
In section 18 of the Coroners Act (Northern Ireland) 1959...
(1) Section 13 of the Administration of Justice Act 1960...
In section 22 of the Criminal Justice Act 1961 (assisting...
In section 39 of that Act (interpretation) for subsection (2)...
In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters...
In section 72 of the Criminal Justice Act 1967 (power...
In section 22 of the Foreign Marriage Act 1892 (marriages...
In section 104(1) of that Act (interpretation), in the definition...
(1) Section 11 of the Civil Evidence Act 1968 (convictions...
In section 13 of that Act (conclusiveness of convictions for...
In section 18 of that Act (general interpretation etc)—
(1) Section 7A of the Equal Pay Act 1970 (service...
In section 7AB of that Act (“arrears date” for purposes...
In section 7AC of that Act (determination of “period” for...
(1) Section 6A of the Equal Pay Act (Northern Ireland)...
In section 6AB of that Act (“arrears date” in proceedings...
(1) Section 7 of the Civil Evidence Act (Northern Ireland)...
In the Regimental Debts Act 1893, for the words “military...
In section 9 of that Act (conclusiveness of convictions for...
In section 14 of that Act (general interpretation etc)—
In Schedule 1 to the Juries Act 1974 (persons disqualified...
In section 1 of the Rehabilitation of Offenders Act 1974...
In section 2 of that Act (rehabilitation of persons dealt...
(1) Section 5 of that Act (rehabilitation periods for particular...
In the Schedule to that Act (service disciplinary convictions referred...
In section 1 of the House of Commons Disqualification Act...
In Part 1 of Schedule 1 to that Act (judicial...
In section 1 of the Northern Ireland Assembly Disqualification Act...
In section 23 of that Act (application of Act to...
In Part 1 of Schedule 1 to that Act (judicial...
(1) Section 85 of the Sex Discrimination Act 1975 (application...
In section 2(2) of the Bail Act 1976 (definitions), for...
In section 5(10) of that Act (meaning of “prescribed” for...
In section 6(9)(c)(v) of that Act (meaning of the “appropriate...
In section 8(4) of that Act (persons before whom recognizance...
In section 13(3) of that Act (application of Act), for...
In Schedule 1 to that Act (persons entitled to bail:...
In section 57(4B) of the Race Relations Act 1976 (claims...
In section 29 of that Act (definitions)—
(1) Section 75 of that Act (application to Crown etc)...
In section 78(1) of that Act (general interpretation provisions), for...
(1) Article 82 of the Sex Discrimination (Northern Ireland) Order...
In section 44 of the Judicature (Northern Ireland) Act 1978...
In Article 2 of the Rehabilitation of Offenders (Northern Ireland)...
In Article 4 of that Order (rehabilitation of persons dealt...
(1) Article 6 of that Order (rehabilitation periods for particular...
In the Schedule to that Order (service disciplinary convictions referred...
In section 19(5) of the Magistrates' Courts Act 1980 (decision...
In section 125D(3) of that Act (execution by person not...
After that section insert— Application of Act to members of...
In Schedule 3 to the Public Passenger Vehicles Act 1981...
In section 19 of the Contempt of Court Act 1981...
In Schedule 1 to that Act (times when proceedings are...
In section 29 of the Senior Courts Act 1981 (mandatory,...
(1) Section 32 of the Criminal Justice Act 1982 (early...
In section 3(2)(a) of the Representation of the People Act...
In section 3A of that Act (disenfranchisement of offenders detained...
(1) Section 47 of the Mental Health Act 1983 (removal...
In section 1 of the Repatriation of Prisoners Act 1984...
In section 154(2) of the Inheritance Tax Act 1984 (death...
Browse 496 other sections — procedural / definitional / commencement
Assisting an enemy
Misconduct on operations
Obstructing operations
Looting
Failure to escape etc
Mutiny
Failure to suppress mutiny
Desertion
Absence without leave
Failure to cause apprehension of deserters or absentees
Misconduct towards a superior officer
Disobedience to lawful commands
Contravention of standing orders
Using force against a sentry etc
Failure to attend for or perform duty etc
Malingering
Disclosure of information useful to an enemy
Making false records etc
Conduct prejudicial to good order and discipline
Unfitness or misconduct through alcohol or drugs
Exceeding alcohol limit for prescribed safety-critical duties
Fighting or threatening behaviour etc
Ill-treatment of subordinates
Disgraceful conduct of a cruel or indecent kind
Damage to or loss of public or service property
Misapplying or wasting public or service property
Sections 24 and 25: “public property” and “service property”
Obstructing or failing to assist a service policeman
Resistance to arrest etc
Offences in relation to service custody
Allowing escape, or unlawful release, of prisoners etc
Hazarding of ship
Giving false air signals etc
Dangerous flying etc
Low flying
Annoyance by flying
Inaccurate certification
Prize offences by officer in command of ship or aircraft
Other prize offences
Attempts
Encouraging and assisting
Aiding, abetting, counselling or procuring
Criminal conduct
Attempting criminal conduct
Trial of section 42 offence of attempt
Conspiring to commit criminal conduct
Encouraging or assisting criminal conduct
Aiding, abetting, counselling or procuring criminal conduct
Provision supplementary to sections 43 to 47
Air Navigation Order offences
Jurisdiction of the Court Martial
Jurisdiction of the Service Civilian Court
Charges capable of being heard summarily
Offences that may be dealt with at a summary hearing
Charges which may be heard summarily only with permission or by senior officer
Time limit for charging former member of a regular or reserve force
Time limit for charging certain members or former members of ex-regular reserve forces
Time limit for charging person formerly subject to service law
Time limit for charging civilian formerly subject to service discipline
Time limit for charging offence under section 107
Time limit for charging offence under section 266
Sections 55 to 60: exceptions and interpretation
Time limit for charging Reserve Forces Act offences
Service proceedings barring subsequent service proceedings
Service proceedings barring subsequent civilian proceedings
Sections 63 and 64: supplementary
Civilian proceedings barring subsequent service proceedings
Power of arrest for service offence
Section 67: supplementary
Power of arrest in anticipation of commission of service offence
Search by service policeman upon arrest
Search by other persons upon arrest
Sections 70 and 71: supplementary
Seizure and retention after search upon arrest
Power to make provision conferring power to search premises at which person arrested
Power of service policeman to stop and search persons, vehicles etc
Stop and search by persons other than service policemen
Sections 75 and 76: definitions
Places in which powers under sections 75 and 76 may be exercised
Sections 75 and 76: limitation on searching persons or vehicles in certain gardens etc
Searches under sections 75 and 76: supplementary
Power to make further provision about searches under sections 75 and 76
Application of Chapter to ships and aircraft
Power of judge advocate to authorise entry and search
Section 83: definitions
Section 83: power to make supplementary provision
Power to make provision as to access to excluded material etc
Power of CO to authorise entry and search by service policeman
Power of CO to authorise entry and search by other persons
Review by judge advocate of certain searches under section 87 or 88
Entry for purpose of arrest etc by a service policeman
Entry for purpose of arrest etc by other persons
Power to make provision conferring powers of entry and search after arrest
Power to make provision conferring power of seizure etc
Commanding officer's power to require preliminary tests
Section 93A: interpretation
Preliminary breath test
Preliminary impairment test
Preliminary drug test
Provision of specimens for analysis
Further provision about specimens under section 93E
Specimens of blood from persons incapable of consenting
Patients in medical establishments
Definitions for purposes of Chapter 3A
Powers of seizure equivalent to powers under section 13 of the Terrorism Act 2000
Property in possession of service police or CO
Property subject to deprivation order: modification of section 94
Saving provision
“Service living accommodation”, “premises” and other definitions
Power to use reasonable force
Limitations on custody without charge
Authorisation by commanding officer of custody without charge
Review of custody by commanding officer
Extension by judge advocate of custody without charge
Further provision about applications under section 101
Custody without charge: other cases
Custody without charge: supplementary
Custody after charge
Conditions A to D
Release from custody after charge
Review of custody after charge
Custody during proceedings of Court Martial or Service Civilian Court
Arrest after charge or during proceedings by order of commanding officer
Arrest during proceedings at direction of court
Custody proceedings rules
CO to ensure service police aware of possibility serious offence committed
CO to ensure service police aware of certain circumstances
Duty of CO with respect to investigation of service offences
Provost Marshal's duty in relation to independence of investigations
Referral of case following investigation by service or civilian police
Section 116: position where investigation is of multiple offences or offenders
Duty of service policeman to notify CO of referral to DSP
Circumstances in which CO has power to charge etc
Power of CO to charge etc
Power of DSP to charge or direct bringing of charge etc
Charges brought by or at direction of DSP
Powers of CO after charge
CO to hear charge allocated for summary hearing
Powers of DSP in respect of charge allocated for Court Martial trial
Powers of DSP in respect of charge allocated for SCC trial
Directions by DSP barring further proceedings
Regulations for purposes of Part 5
Right to elect Court Martial trial
Further consequences of election for Court Martial trial
Restrictions on DSP's powers to substitute or add charges after election
Summary hearing
Punishments available to commanding officer
Detention: limits on powers
Forfeiture of seniority: requirement for approval
Reduction in rank: limits on powers
Extended powers: time for obtaining
Fine: maximum amount
Service compensation orders: maximum amount
Prohibited combinations of punishments
Savings for maximum penalties for offences
The Summary Appeal Court
Right of appeal
Constitution of the SAC for appeals
Officers and warrant officers qualified for membership of the SAC
Officers and warrant officers ineligible for membership in particular circumstances
Open court
Hearing of appeals
Powers of the SAC
Effect of substituted punishment
Making of, and appeals from, decisions of the SAC
Privileges of witnesses and others
SAC rules
Review of summary findings and punishments
Summary hearings etc rules
The Court Martial
Constitution of the Court Martial
Officers etc qualified for membership of the Court Martial
Officers etc ineligible for membership in particular circumstances
Open court
Rulings and directions
Decisions of Court Martial: finding and sentence
Power of Court Martial to convict of offence other than that charged
Privileges of witnesses and others
Court Martial rules
Offences
Punishments available to Court Martial
Sentencing powers of Court Martial where election for trial by that court instead of CO
Fitness to stand trial
Finding that defendant did the act or made the omission charged
Findings of insanity
Powers where person unfit to stand trial or not guilty by reason of insanity
Service supervision orders
Remission for trial
Provision supplementary to sections 166 and 168
Service supervision and punishment orders
Review of service supervision and punishment orders
Service compensation orders
Service compensation orders: appeals etc
Review of service compensation orders
Effect of service compensation order on subsequent award of damages in civil proceedings
Deprivation orders: interpretation
Deprivation order: availability
Vehicle to be treated as used for purposes of certain offences
Purported intimate images to be treated as used for purpose of certain offences
Exercise of power to make deprivation order
Application of proceeds of property subject to deprivation order
Driving disqualification orders
Driving disqualification: availability
Disqualification period
Extension of disqualification where custodial sentence or service detention also imposed
Effect of custodial sentence or service detention in other cases
Requirement to produce licences where driving disqualification order made
Driving disqualification: power to make equivalent provision to Road Traffic Offenders Act 1988
Service community orders
Review of service community order imposing drug rehabilitation requirement
Transfer of service community order to Scotland or Northern Ireland
Breach, revocation or amendment of service community order
Overseas community orders
Overseas community orders: modifications of the Sentencing Code
Breach, revocation or amendment of overseas community order
Conditional or absolute discharge
Commission of further offence by person conditionally discharged
Effect of discharge
Consecutive custodial sentences
Consecutive sentences of service detention
Suspension of sentence of service detention
Activation by Court Martial of suspended sentence of service detention
Activation by Court Martial: appeals
Activation by CO of suspended sentence of service detention
Activation by CO: maximum term
Extended powers of activation: time for obtaining
Suspended sentences: powers of SAC
Term of sentence etc
Imprisonment with or without a custody plus order
Transfer to Scotland or Northern Ireland of custody plus order
Revocation and amendment of custody plus orders
Suspended sentence orders
Modifications of section 286 of the Sentencing Code
Modifications of sections 264 and 277 of the Sentencing Code
Modifications of sections 264A and 277A of the Sentencing Code
Order without community requirements: provisions not applying
Order with community requirements: disapplication of certain provisions
Review of order with community requirements
Transfer to Scotland or Northern Ireland of order with community requirements
Amendment of order with community requirements
Suspended sentence: further conviction or breach of community requirement
Definitions for purposes of Chapter
Prohibition on imposing imprisonment on persons under 21
Offenders under 18 convicted of certain serious offences: detention for specified period
Detention under section 209: place of detention etc
Offenders under 21: offences other than murder; discretionary custody for life
Offenders under 21: power to impose detention in a young offender institution
Offenders under 18: detention and training orders
Term of detention and training order: general
Application of provisions relating to civilian detention and training orders
Period in service custody: effect on term of detention and training order
Period of custody awaiting extradition: effect on term of detention and training order
Offences during currency of detention and training order
Section 214: definitions etc
Appeals against orders under section 214
Mandatory life imprisonment
Offenders who commit murder etc when under 18: mandatory detention at Her Majesty's pleasure
Life sentence for second listed offence
Life sentence for certain dangerous offenders aged 18 or over
Extended sentence for certain violent , sexual or terrorism offenders aged 18 or over
Certain violent or sexual offences: offenders aged 18 or over
Life sentence for certain dangerous offenders aged under 18
Extended sentence for certain violent , sexual or terrorism offenders aged under 18
Offenders aged under 18: certain violent or sexual offences
“The required opinion” for purposes of sections 219 to 221A
Place of detention for extended sentences for offenders aged under 18
Special custodial sentence for certain offenders of particular concern
Third drug trafficking offence
Third domestic burglary
Firearms offences
Offences of threatening with a weapon in public or on school premises
Appeals where previous convictions set aside
Service restraining orders
Service restraining orders: supplementary
Service restraining orders: appeals
Service restraining orders: variation and revocation
Service sexual offences prevention orders
Service SOPOs: appeals
Service SOPOs etc: variation and revocation
Variation or revocation: appeals
Extended prohibitions orders
Extended prohibitions orders: appeals
Offence: breach of order under section 232A or 232E
Order for service parent or service guardian to enter into recognizance
Recognizances and fines under section 233: further provision
Recognizances: appeals, variation and revocation
Forfeiture of recognizance
Disqualification orders
Effect of disqualification order
Duty to have regard to purposes of sentencing etc
Deciding the seriousness of an offence
Reduction in sentences for guilty pleas
Increase in sentence for racial or religious aggravation
Increase in sentence for aggravation related to disability , sexual orientation or transgender identity
Service detention: general restriction
Length of term of service detention: general provision
Limit on combined term of sentences of service detention
Section 244: supplementary
Crediting of time in service custody: terms of imprisonment and detention
Crediting of time in service custody: supplementary
Forfeiture of seniority and reduction in rank or disrating: general restriction
Fixing of fines
Determination of service compensation order
Power to allow payment of fine or service compensation order by instalments
Duty to give reasons and explain sentence
Duties in complying with section 252
Savings for powers to mitigate sentence etc
Individual sentence for each offence
Pre-sentence reports
Pre-sentence reports: supplementary
Mentally disordered offenders: requirement for medical report
Sentencing guidelines
Discretionary custodial sentences: general restrictions
Length of discretionary custodial sentences: general provision
Life sentences: further provision
Power to recommend licence conditions
Conversion of sentence of detention to sentence of imprisonment
Restriction on imposing custodial sentence or service detention on unrepresented offender
Effect of duties to pass custodial sentences on other powers of punishment
Dismissal: general restrictions
Financial statement orders
Power of court to remit fine
Order for service parent or service guardian to pay fine or compensation
Fixing of fine or compensation to be paid by parent or guardian
Fines: fixing of term of imprisonment for default
Service compensation orders: power to set maximum term of imprisonment for default
Orders under section 269A or 269B against service parents or service guardians: appeals
Community punishments: general restrictions etc
Exception to restrictions on community punishments
Civilian courts dealing with service offences
Appeals to the Court Martial Appeal Court
Review of unduly lenient sentence by Court Martial Appeal Court
Reference of point of law to Supreme Court
Power to make supplementary provision about review of sentence
Compensation for miscarriages of justice
Miscarriages of justice: amount of compensation
Cases where person has been detained for at least 10 years
The Service Civilian Court
Constitution and proceedings of the Service Civilian Court
Court must consider whether trial by Court Martial more appropriate
Right to elect trial by Court Martial instead of by SCC
Power of SCC to convict of offence other than that charged
Punishments available to Service Civilian Court
Imprisonment: maximum term
Fines and compensation orders: maximum amounts
Right of appeal from SCC
Hearing of appeals from SCC
Findings made and sentences passed by Court Martial on appeal from SCC
SCC rules
Commencement of sentences of the Court Martial and Service Civilian Court
Commencement of term of service detention awarded by CO
Commencement of consecutive term of service detention awarded by CO
Commencement of suspended sentence activated by CO
Effect on rank or rate of WOs and NCOs of custodial sentence or sentence of service detention
Rank or rate of WOs and NCOs while in custody pursuant to custodial sentence etc
Effect of sentence of dismissal
Service detention
Detention in service custody following passing of custodial sentence etc
Removal to England and Wales following passing of custodial sentence etc
Duty to receive prisoners
Service custody etc rules
Duration of sentences: persons unlawfully at large or on temporary release
Remission of certain sentences on passing of custodial sentence etc
Power of service policeman to arrest person unlawfully at large
Sentences passed by civilian courts
Immunity from prosecution
Undertakings as to use of evidence
Reduction in sentence
Review of sentence following offer of assistance
Review of sentence following failure to assist
Sections 304C to 304E: statements in open court
Sections 304D and 304E: exclusion of public from review proceedings
Meaning of “sentence”
Random drug testing
Testing for alcohol and drugs after serious incident
Definitions etc for purposes of section 306
Section 305: supplementary
Offences of misbehaviour in court etc
Power to detain before dealing with section 309 offence
Certification to civil courts
Decisions of court under section 309: making and effect
Arrest by civilian police under warrant of judge advocate
Arrest by civilian police of deserters and absentees without leave
Deserters and absentees without leave surrendering to civilian police
Proceedings before civilian court where person suspected of illegal absence
Warrant for the arrest of persons released under section 315(4)(c) or 316(3)(a)(ii)
Arrest by civilian police of persons unlawfully at large
Certificates in connection with transfer to service custody etc
Power to use reasonable force
Guidance on exercise of criminal jurisdiction: England or Wales
Guidance on exercise of criminal jurisdiction: Scotland
Guidance on exercise of criminal jurisdiction: Northern Ireland
Powers of the Criminal Cases Review Commission
Inspection of service police investigations
Inspectors' reports to be laid before Parliament
Financial penalty enforcement orders
Power to make provision in consequence of criminal justice enactments
Section 323: definitions
Evidential burden as respects excuses
Exclusion of enactments requiring consent of Attorney General or DPP
Local probation boards
Enlistment
Terms and conditions of enlistment and service
Desertion and absence without leave: forfeiture of service etc
Discharge etc from the regular forces and transfer to the reserve forces
Administrative reduction in rank or rate
Pay, bounty and allowances
Redress of individual grievances: service complaints
Service complaints: role of Defence Council and service complaint panels
Composition and procedure of service complaint panels
Requirement to delegate to service complaint panel
Reference of individual grievance to Her Majesty
Referral by Service Complaints Commissioner of certain allegations
Reports by Commissioner on system for dealing with service complaints etc
Restriction on aliens in regular forces etc
Who can make a service complaint?
Procedure for making a complaint and determining admissibility
Decisions on service complaints
Appeals
Further provision about persons and panels deciding service complaints etc
Investigation of complaints and delegation of Defence Council functions
Service complaints: other time limits
Commissioner investigations of service complaints
Procedure on Commissioner investigations of service complaints
Commissioner investigations of general service welfare matters
Power of entry to service premises
Power to require information, documents and evidence
Obstruction and contempt
Report and recommendations : service complaints investigations
Report and recommendations: general service welfare investigations
Action following receipt of report under section 340L
Referral of certain allegations
Annual report of Armed Forces Commissioner
Complaints, misconduct etc
Investigation of concerns raised by whistle-blowers
Power to make super-complaints
Forfeitures and deductions: general provisions
Permitted forfeitures and deductions
Service inquiries
Armed forces covenant report
Due regard to principles: England
Due regard to principles: Wales
Due regard to principles: Scotland
Due regard to principles: Northern Ireland
Sections 343AA to 343AD: guidance
Sections 343AA to 343AD: power to add bodies and functions
Interpretation of Part
Aiding or abetting etc desertion or absence without leave
Aiding or abetting etc malingering
Obstructing persons subject to service law in course of duty
Sections 344 to 346: supplementary provisions
British overseas territories: references to maximum penalties
Exemption from tolls and charges
Exemption of property used for service purposes from execution
Detention etc of persons in overseas service hospitals
Power to take affidavits and declarations
Protection of children of service families
Extension of powers of command dependent on rank or rate
Service of process
Avoidance of assignment of or charge on pay and pensions etc
Power of British overseas territory to apply Act, etc
Amendments relating to reserve forces
Pardons for servicemen executed for disciplinary offences: recognition as victims of First World War
Meaning of “commanding officer”
Meaning of “higher authority”
Judge advocates
Court administration officer
Director of Service Prosecutions
Prosecuting officers
Provost Marshals: appointment
Armed Forces Commissioner
Service Complaints Ombudsman
Service Police Complaints Commissioner
Investigating officers
Service Complaints Commissioner
Persons subject to service law: regular and reserve forces
References to members of the regular forces
Members of British overseas territories' forces serving with UK forces
Civilians subject to service discipline
Naval chaplains
Power to make provision in relation to protected prisoners of war
Evidence in proceedings before civilian courts
Orders, regulations and rules
Definitions applying for purposes of whole Act
Definitions relating to the service police and other police forces
“Conviction”, “sentence” etc in relation to summary hearings and the SAC
Further interpretive provisions
Minor and consequential amendments and repeals
Power to make further amendments and repeals
Power to make transitional and transitory provision
Alignment of SDAs etc with this Act
Duration of this Act
Commencement
Extent to Channel Islands, Isle of Man and British overseas territories
Extent of applied enactments
Short title
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