UK Offence Report

Offences that may be dealt with at a summary hearing

article 15 of The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

15 The following SDA offences may be dealt with at a summary hearing (and accordingly fall within section 52(2) of AFA 2006)— a an SDA civil offence as respects which the corresponding civil offence is an offence within section 53(3)(a) or (b) of AFA 2006; b an offence under section 29, 29A or 30(c) of AA 1955 or AFA 1955; c an offence under any of sections 33 to 39 (except section 37) of AA 1955 or AFA 1955; d an offence under section 42(1)(a), 43, 43A, 44, 44A(1)(c), (d) or (e), 44B(2), 45 or 46 of AA 1955 or AFA 1955; e an offence under any of sections 50 to 56 (except section 54(1)) of AA 1955 or AFA 1955; f an offence under section 60, 61, 62, 65, 66 or 69 of AA 1955 or AFA 1955; g an offence under section 68 of AA 1955 or AFA 1955 of attempting to commit an offence within any of paragraphs (b) to (f) above; h an offence under section 75J of AA 1955 or AFA 1955; i an offence under section 5(c), 6 or 7 of NDA 1957; j an offence under any of sections 11 to 14A of that Act; k an offence under section 17, 18, 21, 22 or 25 of that Act; l an offence under section 27 of that Act of— i falsely pretending to be suffering from sickness or disability; or ii failing to do anything whereby any sickness or disability is prolonged or aggravated; m an offence under section 28, 29, 29A(1)(c), (d) or (e), 29B(2), 30, 31 or 33A(2) of that Act; n an offence under any of sections 33B to 35 of that Act; o an offence under section 36A, 37 or 39 of that Act; p an offence under section 40 of that Act of attempting to commit an offence within any of paragraphs (i) to (o) above; q an offence under section 47K of that Act; r an offence under section 96 or 97 of RFA 1996 of absence without leave.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
failing to do something the instrument requires
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach article 15?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Not doing what the provision requires under the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009, by the time it requires it to be done.
  2. Doing it, but not in the manner or to the standard the instrument specifies.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to section 27 of that Act.

penalty is that of the referenced enactment; not stated in this instrument.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
23 April 2009
In force from
24 April 2009
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Order) — the explanatory note published with the instrument, © Crown copyright.

This Order makes transitional provision in connection with the coming into force of the Armed Forces Act 2006 (c. 52), and the repeal of the Army Act 1955 (c. 18), the Air Force Act 1955 (c.19), the Naval Discipline Act 1957 (c. 53) and related legislation. Schedule 2 makes transitory provision for the operation of the 2006 Act, and certain related legislation, until certain provisions not yet commenced come into force.

Read the full note and every offence in this instrument

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.96.

Basis
the provision says a person “commits an offence”; the provision says an offence is committed “if” something happens
Confidence
0.96 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source