The previous statutory bases for administering discipline in the Armed Forces (the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957 - collectively known as the "Service Discipline Acts") have been repealed and replaced by the Armed Forces Act 2006 (see notes at Acts of Parliament etc/Armed Forces Act 2006 ). The single most important purpose of the Armed Forces Act 2006 is to establish a single permanent Court Martial, covering all three Services.
With minor exceptions, the 2006 Act was wholly in force by 31st October 2009. New Court Martial rules also came into effect on that date.
The Armed Forces Act 2006 (as the Service Discipline Acts before it) has to be renewed by primary legislation every five years and annually in each of the intervening years by an Order in Council approved in draft by both Houses of Parliament. The requirement for annual Parliamentary agreement for their continuation has its origins in the 1688 Bill of Rights which provides that the raising of a standing army is against the law unless Parliament consents to it. An order has been made to continue the 2006 Act in force until the 8th November 2011.
A Bill is currently before Parliament to extend the 2006 for a further five years (see Bills before Parliament/Armed Forces Bill 2010-11 ).
Members of the armed forces are entitled to the protections of the European Convention on Human Rights under the Human Rights Act 1998 and as a result the old Courts Martial system has been attacked, sometimes successfully and sometimes not (see notes at Human Rights/fair trial ). Partly for this reason a new Courts Martial system has been set up under the Armed Forces Act 2006, fully operational from 31st October 2009 (see notes at Acts of Parliament etc/Armed Forces Act 2006 ).
The Legal Services Commission (tel 08457-500640) has been charged with responsibility for locating an appropriate duty solicitor to represent members of the armed forces who wish to be represented at a new style military custody hearing and who have not nominated a solicitor or who do not wish to use the services's in-house legal department.
See also generally notes at Specific employments/army, navy and air force .