The Armed Forces (Review of Court Martial Sentence) (Amendment and Supplementary Provision) Regulations 2026
These Regulations expand the list of offences for which the Attorney General may refer a Court Martial sentence to the Court Martial Appeal Court on the grounds of undue leniency.
They add a wide range of sexual, terrorism-related, and modern slavery offences to the existing review framework, ensuring service justice alignment with civilian law.
Additionally, the instrument modifies procedural timelines, allowing the Attorney General an additional 14 days to apply for a review if a request is received within the final two weeks of the standard 28-day limit.
The Regulations apply to the entirety of the United Kingdom and govern the sentencing oversight of persons subject to service law.
Arguments For
The explanatory note states that the regulations are intended to bring the service justice system into closer alignment with the civilian justice system regarding offences eligible for sentence review.
The document asserts that the added offences correspond with those already set out in the civilian equivalent, the Criminal Justice Act 1988 (Review of Sentencing) Order 2006.
Proponents may argue that the supplementary provisions regarding time limits provide the Attorney General with necessary flexibility to process review requests received late in the standard 28-day window.
The Ministry of Defence indicates that the measure is expected to have no significant impact on the private, voluntary, or public sectors.
Arguments Against
Legal scholars might question the complexity of cross-referencing multiple historical Acts (e.g., 1977, 1978, 1988, 2000) to determine current Court Martial jurisdiction.
Defendants and their legal representatives may raise concerns regarding the extension of the review period for unduly lenient sentences, arguing it increases the duration of legal uncertainty for the sentenced individual.
Civil liberties groups could scrutinize the inclusion of broad terrorism-related offences, such as 'eliciting information about members of the armed forces,' under the summary review procedure.
Implementation difficulties may arise when determining the 'corresponding offence' under England and Wales law for actions committed by service personnel abroad, particularly regarding extra-territorial jurisdiction.
Citation, commencement and extent
- -(1) These Regulations may be cited as the Armed Forces (Review of Court Martial Sentence) (Amendment and Supplementary Provision) Regulations 2026.
- (2) These Regulations come into force on 23rd July 2026.
- (3) These Regulations extend to England and Wales, Scotland and Northern Ireland.
This section establishes the official title of the regulations and sets the date they become legally active as 23 July 2026.
It specifies that the legal authority of the document applies across all jurisdictions within the United Kingdom.
Amendment of the Armed Forces (Review of Court Martial Sentence) Order 2009
- -(1) The Schedule to the Armed Forces (Review of Court Martial Sentence) Order 2009( 2 ) (description of cases specified for the purposes of section 273(3) of the Armed Forces Act 2006) is amended as follows.
- (2) In paragraph 1-
- (a) after sub-paragraph (c) insert-
- '(ca) an offence under section 54 of the Criminal Law Act 1977( 3 ) (inciting a girl under 16 to have incestuous sexual intercourse);
- (cb) an offence under section 1 of the Protection of Children Act 1978( 4 ) (indecent photographs of children);';
- (b) after sub-paragraph (d) insert-
- '(da) an offence under section 160 of the Criminal Justice Act 1988( 5 ) (possession of indecent photograph of child);
- (db) an offence under section 4 (putting people in fear of violence) or section 4A (stalking involving fear of violence or serious harm or distress) of the Protection from Harassment Act 1997( 6 );';
- (c) in sub-paragraph (f) after paragraph (x) insert-
- '(xa) section 16 (abuse of position of trust: sexual activity with a child);
- (xb) section 17 (abuse of position of trust: causing or inciting a child to engage in sexual activity);
- (xc) section 18 (abuse of position of trust: sexual activity in the presence of a child);
- (xd) section 19 (abuse of position of trust: causing a child to watch a sexual act);';
- (d) in sub-paragraph (f) after paragraph (xi) insert-
- '(xia) section 26 (inciting a child family member to engage in sexual activity);
- (xib) section 30 (sexual activity with a person with a mental disorder impeding choice);
- (xic) section 31 (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity);
- (xid) section 32 (engaging in sexual activity in the presence of a person with a mental disorder impeding choice);
- (xie) section 33 (causing a person, with a mental disorder impeding choice, to watch a sexual act);';
- (e) after sub-paragraph (f) insert-
- '(fa) an offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004( 7 ) (trafficking people for exploitation);
- (fb) an offence under section 71 of the Coroners and Justice Act 2009( 8 ) (slavery, servitude and forced or compulsory labour);
- (fc) an offence under section 76 of the Serious Crime Act 2015( 9 ) (controlling or coercive behaviour in an intimate or family relationship);';
- (f) after paragraph 1 insert-
' 1A. -(1) Any case where the corresponding offence under the law of England and Wales is-
- (a) an offence under one of the following sections of the Terrorism Act 2000( 10 )-
- (i) sections 11 or 12 (offences relating to proscribed organisations);
- (ii) sections 15 to 18 (offences relating to terrorist property);
- (iii) section 19 (disclosure of information: duty);
- (iv) section 21A (failure to disclose: regulated sector);
- (v) section 21D (tipping off: regulated sector);
- (vi) section 38B (failure to disclose information about acts of terrorism);
- (vii) section 39 (disclosure of information);
- (viii) section 54 (weapons training);
- (ix) sections 57 to 58A (possessing things, collecting information and eliciting, publishing or communicating information about members of the armed forces etc for the purposes of terrorism);
- (b) an offence under section 113 of the Anti-Terrorism, Crime and Security Act 2001( 11 ) (use of noxious substances or things to cause harm or intimidate);
- (c) an offence under one of the following sections of the Terrorism Act 2006( 12 )-
- (i) sections 1 or 2 (encouragement of terrorism);
- (ii) sections 6 or 8 (training for terrorism);
- (d) an offence under section 54 of the Counter-Terrorism Act 2008( 13 ) (offences relating to notification);
- (e) an offence under section 23 of the Terrorism Prevention and Investigation Measures Act 2011( 14 ) (offence of contravening a TPIM notice);
- (f) an offence under section 10 of the Counter-Terrorism and Security Act 2015( 15 ) (offences of contravening a Temporary Exclusion Order or not complying with a restriction after a return).
- (2) Any case where the corresponding offence under the law of England and Wales is-
- (a) an offence under section 20 of the Offences Against the Person Act 1861 (inflicting bodily injury with or without weapon);
- (b) an offence under the following provisions of the Criminal Damage Act 1971( 16 )-
- (i) section 1(1) (destroying or damaging property);
- (ii) section 1(1) and (3) (arson);
- (iii) section 2 (threats to destroy or damage property);
- (c) an offence under sections 1 to 5 of the Forgery and Counterfeiting Act 1981( 17 );
where there is jurisdiction in England and Wales by virtue of any of sections 63B to 63D of the Terrorism Act 2000( 18 ) (extra-territorial jurisdiction in respect of certain offences committed outside the United Kingdom for the purposes of terrorism etc).
(3) Any case where the corresponding offence under the law in England and Wales is-
- (a) an offence under section 4 of the Aviation Security Act 1982( 19 ) (offences in relation to certain dangerous articles);
- (b) an offence under section 114 of the Anti-Terrorism, Crime and Security Act 2001 (hoaxes involving noxious substances or things)
where the Court Martial has determined that the offence has a terrorist connection under section 69 of the Sentencing Code (sentences for offences with a terrorist connection: England and Wales).'.
(3) In paragraph 2, for 'or paragraph 1(f)', in both places it occurs, substitute ', paragraph 1(f) to (g), or paragraph 1A'.
- (4) In paragraph 3, after 'paragraphs 1' insert ', 1A'.
(5) In paragraph 4, for 'or paragraph 1(f)', in both places it occurs, substitute ', paragraph 1(f) to (g), or paragraph 1A'.
This section updates the list of 'specified cases' that the Attorney General may refer for sentencing review.
It incorporates various crimes including the possession of indecent images, stalking, human trafficking, coercive control, and an extensive range of terrorism-related activities such as weapons training and membership in proscribed organizations.
These additions ensure that sentences for these specific offences, when handed down by a Court Martial, can be scrutinized for undue leniency if they meet the criteria used in civilian courts.
Amendment of the Armed Forces (Review of Court Martial Sentence) (Supplementary Provision) Regulations 2009
- -(1) Regulation 3 of the Armed Forces (Review of Court Martial Sentence) (Supplementary Provision) Regulations 2009( 20 ) is amended as follows-
- (2) At the end of paragraph 1 insert ', subject to paragraph (1A)'.
- (3) After paragraph 1 insert-
'(1A) Where-
- (a) the Attorney General receives a request to review the sentencing of a person, and
- (b) the request is received in the last 14 days of the 28-day period mentioned in paragraph (1),
notice of an application for leave to refer the case in question to the Court Martial Appeal Court may be given within 14 days from the day on which the request is received.
(1B) For the purposes of this Part, a certificate of the Attorney General as to the date on which a request to review the sentencing of a person was received is conclusive evidence of that fact.
(1C) Where more than one request to review the sentencing of a person is received, reference in paragraphs (1A) and (1B) to a request are to the first request that is received.'
This section modifies the procedural rules for applying for a sentence review.
It creates a 14-day extension for the Attorney General to file an application if they receive a review request during the second half of the standard 28-day window.
It also establishes that a formal certificate from the Attorney General serves as final proof of when a request was received.
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