Explained: The Armed Forces Act
The Armed Forces Act provides the legal basis for the system of military law in the UK.
A bill to renew the act is needed every five years, and so the 2006 Armed Forces Act has been renewed on three previous occasions in 2011, 2016 and 2021.
The latest Armed Forces Bill came into law on 15 December 2021 and was created to continue the Armed Forces Act 2006.
Why is an Armed Forces Act Needed?
Parliamentary consent for the raising and keeping of a standing Army during peacetime dates back to the 1688 Bill of Rights.
In modern times, that consent, which covers the whole of the UK Armed Forces, is given through an Armed Forces Bill.
The Armed Forces Act 2006 allows the Armed Forces to exist as a disciplined force by setting out the system of military law in the Service Justice System so that it continues to meet the needs of the Armed Forces.
This applies to all UK service personnel, wherever in the world they operate.
The Service Justice System was welcomed by the Ministry of Defence for its support and regulation of disciplinary behaviour through the service offences set out in the Armed Forces Act 2006 and for ensuring wider criminal activity could be dealt with.
The act is reviewed every five years with its next review planned for 2026, and any amendments are required to go through Parliament.
Defence Secretary Ben Wallace has suggested he may look into amending the act in light of allegations of a "toxic" culture of sexual assault at the Royal Military Academy Sandhurst.
In 2021, the Service Police and Service Prosecuting Authority introduced a new process of early investigative advice for all sexual offences to ensure the strongest cases are built from the outset.
This change has resulted in a decrease in the number of referrals that were made during 2021.
The Armed Forces Bill also further enshrines the Armed Forces Covenant into law to help prevent service personnel and veterans from being disadvantaged when accessing public services.
What is the Armed Forces Covenant?
The Armed Forces Covenant is a promise from the nation for those who serve or have served in the Armed Forces that they will be treated fairly.
The covenant focuses on helping members of the Armed Forces community have the same access to Government and commercial services and products as any other citizen and are not disadvantaged by their military service.
Some of these areas include health, housing, education, financial assistance and family wellbeing.
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