Section 2: Rehabilitation of persons dealt with in service disciplinary proceedings.

Rehabilitation of Offenders Act 1974 · 1974 c.53

2(1)

. . . For the purposes of this Act any finding that a person is guilty of an offence in respect of any act or omission which was the subject of service disciplinary proceedings shall be treated as a conviction and any punishment awarded or order made by virtue of Schedule 5A to the Army Act 1955 or to the Air Force Act 1955 or Schedule 4A to the Naval Discipline Act 1957 in respect of any such finding shall be treated as a sentence.

2(2)

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2(3)

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2(4)

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2(5)

In this Act, "service disciplinary proceedings" means any of the following—

(za) any proceedings (whether or not before a court) in respect of a service offence within the meaning of the Armed Forces Act 2006 (except proceedings before a civilian court within the meaning of that Act);

(a) any proceedings under the Army Act 1955, the Air Force Act 1955, or the Naval Discipline Act 1957 whether before a court-martial or before any other court or person authorised thereunder to award a punishment in respect of any offence);

(b) any proceedings under any Act previously in force corresponding to any of the Acts mentioned in paragraph (a) above;

(bb) any proceedings before a Standing Civilian Court established under the Armed Forces Act 1976;

(c) any proceedings under any corresponding enactment or law applying to a force, other than a home force, to which section 4 of the Visiting Forces (British Commonwealth) Act 1933 applies or applied at the time of the proceedings, being proceedings in respect of a member of a home force who is or was at that time attached to the first-mentioned force under that section;

whether in any event those proceedings take place in England and Wales Scotland or elsewhere.

2(6)

Section 376(1) to (3) of the Armed Forces Act 2006 ("conviction" and "sentence" in relation to summary hearings and the SAC) apply for the purposes of this Act as they apply for the purposes of that Act.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.