[5th March 1987]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 The Ministry of Defence Police.
(1) There shall be a police force to be known as the Ministry of Defence Police and consisting—
(a) of persons nominated by the Secretary of State; and
(b) of persons who at the coming into force of this Act are special constables by virtue of appointment under section 3 of the Special Constables Act 1923 on the nomination of the Defence Council.
(2) A person nominated under subsection (1) above shall—
(a) in England and Wales be attested as a constable by making the declaration required of a member of a police force maintained under the Police Act 1996 before a justice of the peace;
(b) in Scotland make the declaration required of a constable of the Police Service of Scotland by section 10 of the Police and Fire Reform (Scotland) Act 2012 before a sheriff or justice of the peace; and
(c) in Northern Ireland be attested as a constable by making the declaration required of a member of the Royal Ulster Constabulary before a justice of the peace.
(3) The Secretary of State shall appoint a chief constable for the Ministry of Defence Police, and they shall operate under the chief constable’s direction and control.
(4) The Secretary of State shall have power—
(a) to suspend a member of the Ministry of Defence Police from duty; and
(b) to terminate a person’s membership.
(5) The Secretary of State shall appoint a committee, to be known as the Ministry of Defence Police Committee—
(a) to advise him with respect to such matters concerning the Ministry of Defence Police as he may from time to time require; and
(b) to exercise such other functions as may be conferred on it by or under this Act;
and the Secretary of State may make regulations concerning the membership and the procedure of the Committee.
(6) The power to make regulations conferred by subsection (5) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

2 Jurisdiction.
(1) In any place in the United Kingdom to which subsection (2) below for the time being applies, members of the Ministry of Defence Police shall have the powers and privileges of constables.
(2) The places to which this subsection applies are—
(a) land, vehicles, vessels, aircraft and hovercraft in the possession, under the control or used for the purposes of—
(i) the Secretary of State for Defence;
(ii) the Defence Council;
(iii) a headquarters or defence organisation; or
(iv) the service authorities of a visiting force;
(b) land, vehicles, vessels, aircraft and hovercraft which are—
(i) in the possession, under the control or used for the purposes of an ordnance company; and
(ii) used for the purpose of, or for purposes which include, the making or development of ordnance or otherwise for naval, military or air force purposes;
(c) land, vehicles, vessels, aircraft and hovercraft which are—
(i) in the possession, under the control or used for the purposes of a dockyard contractor; and
(ii) used for the purpose of, or for purposes which include, providing designated services or otherwise for naval, military or air force purposes;
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) land where the Secretary of State has agreed to provide the services of the Ministry of Defence Police under an agreement notice of which has been published in the appropriate Gazette.
(3) Members of the Ministry of Defence Police shall also have the powers and privileges of constables in any place in the United Kingdom to which subsection (2) above does not for the time being apply . . .—
(a) in relation to Crown property, international defence property, ordnance property and dockyard property;
(b) in relation to persons—
(i) subject to the control of the Defence Council;
(ii) employed under or for the purposes of the Ministry of Defence or the Defence Council; or
(iii) in respect of whom the service courts and service authorities of any country may exercise powers by virtue of section 2 of the Visiting Forces Act 1952;
( ba )in connection with offences against persons within paragraph (b) above, with the incitement of such persons to commit offences and with offences under the Bribery Act 2010 in relation to such persons;
(c) in relation to matters connected with anything done under a contract entered into by the Secretary of State for Defence for the purposes of his Department or the Defence Council; and
(d) for the purpose of securing the unimpeded passage of any such property as is mentioned in paragraph (a) above.
(3A) Where a member of the Ministry of Defence Police has been requested by a constable of—
(a) the police force for any police area;
(aa) the Police Service of Scotland;
(b) the Police Service of Northern Ireland;
(c) the British Transport Police Force; or
(d) the Civil Nuclear Constabulary,
to assist him in the execution of his duties in relation to a particular incident, investigation or operation, members of the Ministry of Defence Police shall have the powers and privileges of constables for the purposes of that incident, investigation or operation but subject to subsection (3B) below.
(3B) Members of the Ministry of Defence Police have the powers and privileges of constables for the purposes of an incident, investigation or operation by virtue of subsection (3A) above—
(a) if the request was made under paragraph (a) of that subsection by a constable of the police force for a police area, only in that police area;
(aa) if it was made under paragraph (aa) of that subsection, only in Scotland;
(b) if it was made under paragraph (b) of that subsection, only in Northern Ireland;
(c) if it was made under paragraph (c) of that subsection, only to the extent that those powers and privileges would in the circumstances be exercisable for those purposes by a constable of the British Transport Police Force by virtue of subsection (1A) or, in Scotland, subsection (4) of section 53 of the British Transport Commission Act 1949 (c. xxix); or
(d) if it was made under paragraph (d) of that subsection, only to the extent that those powers and privileges would in the circumstances be exercisable for those purposes by a constable of the Civil Nuclear Constabulary.
(3C) Members of the Ministry of Defence Police shall have in any police area the same powers and privileges as constables of the police force for that police area,in Scotland the same powers and privileges as constables of the Police Service of Scotland, and in Northern Ireland the same powers and privileges as constables of the Police Service of Northern Ireland,—
(a) in relation to persons whom they suspect on reasonable grounds of having committed, being in the course of committing or being about to commit an offence; or
(b) if they believe on reasonable grounds that they need those powers and privileges in order to save life or to prevent or minimise personal injury.
(3D) But members of the Ministry of Defence Police have powers and privileges by virtue of subsection (3C) above only if—
(a) they are in uniform or have with them documentary evidence that they are members of the Ministry of Defence Police; and
(b) they believe on reasonable grounds that a power of a constable which they would not have apart from that subsection ought to be exercised and that, if it cannot be exercised until they secure the attendance of or a request under subsection (3A) above by a constable who has it, the purpose for which they believe it ought to be exercised will be frustrated or seriously prejudiced.
(4) Subsections (1) to (3D) above shall have effect in the territorial waters adjacent to the United Kingdom . . ., but as if the references in those subsections to the powers and privileges of constables were references to the powers and privileges of constables in the nearest part of the United Kingdom.
(5) In this section—
  * “appropriate Gazette” means—
    (i) in relation to land in England or Wales, the London Gazette;
    (ii) in relation to land in Scotland, the Edinburgh Gazette, and
    (iii) in relation to land in Northern Ireland, the Belfast Gazette;
  * “ British Transport Police Force ” means the constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);
  * “Crown property” includes property in the possession or under the control of the Crown and property which has been unlawfully removed from its possession or control;
  * “designated services” means services designated under subsection (1) of section 1 of the Dockyard Services Act 1986;
  * “dockyard contractor” means a company which is a dockyard contractor as defined by subsection (13) of that section;
  * “dockyard property” means property which—
(a) belongs to a dockyard contractor, is in its possession or under its control or has been unlawfully removed from its possession or control; and
(b) is (or was immediately before its removal) used to any extent for the purpose of providing designated services or otherwise for naval, military or air force purposes;
  * “headquarters”, “defence organisation” and “visiting force” mean respectively a headquarters, defence organisation or visiting force to which the Visiting Forces and International Headquarters (Application of Law) Order 1965, or any order replacing that Order, applies;
  * “international defence property” means property which belongs to, is in the possession or under the control of or has been unlawfully removed from the possession or control of a headquarters, a defence organisation or the service authorities of a visiting force;
  * “ordnance company” means a company in which there is for the time being vested any property, right or liability which has at some time been the subject of a transfer by virtue of a provision made under section 1(1)(a) of the Ordnance Factories and Military Services Act 1984;
  * “ordnance property” means property which—
(a) belongs to an ordnance company, is in its possession or under its control or has been unlawfully removed from its possession or control; and
(b) is (or was immediately before its removal) used to any extent for the purpose of, or for purposes including, the making or development of ordnance or otherwise for naval, military or air force purposes;
  * “service authorities” means naval, military or air force authorities;
  * ...
  * “vessel” includes any ship or boat or any other description of vessel used in navigation.

2A Provision of assistance to other forces
(1) The Chief Constable of the Ministry of Defence Police may, on the application of the chief officer of any relevant force, provide constables or other assistance for the purpose of enabling that force to meet any special demand on its resources.
(2) Where a member of the Ministry of Defence Police is provided for the assistance of a relevant force under this section—
(a) he shall be under the direction and control of the chief officer of that force; and
(b) he shall have the same powers and privileges as a member of that force.
(3) Constables are not to be regarded as provided for the assistance of a relevant force under this section in a case where assistance is provided under section 2 above.
(4) In this section—
  * “ British Transport Police Force ” has the same meaning as in section 2 above;
  * “ chief officer ” means—
    (a) the chief officer of the police force for any police area;
    (aa) the chief constable of the Police Service of Scotland;
    (b) the Chief Constable of the Police Service of Northern Ireland;
    (c) the Chief Constable of the British Transport Police Force; or
    (d) the Chief Constable of the Civil Nuclear Constabulary;
  * “ relevant force ” means—
    (a) the police force for any police area;
    (aa) the Police Service of Scotland;
    (b) the Police Service of Northern Ireland;
    (c) the British Transport Police Force; or
    (d) the Civil Nuclear Constabulary. ...
  * ...

2B Constables serving with other forces
(1) This section applies where a member of the Ministry of Defence Police serves with a relevant force under arrangements made between the chief officer of that force and the chief constable of the Ministry of Defence Police.
(2) The member of the Ministry of Defence Police—
(a) shall be under the direction and control of the chief officer of the relevant force; and
(b) shall have the same powers and privileges as a member of that force.
(3) In this section—
  * “ British Transport Police Force ” has the same meaning as in section 2 above;
  * “ chief officer ” means—
    (a) any chief officer of police of a police force for a police area in England and Wales;
    (aa) the chief constable of the Police Service of Scotland;
    (b) the chief constable of the Police Service of Northern Ireland;
    (c) the Director General of the National Criminal Intelligence Service;
    (d) the Director General of the National Crime Squad;
    (e) the chief constable of the British Transport Police Force; or
    (f) the chief constable of the Civil Nuclear Constabulary;
  * “ relevant force ” means—
    (a) any police force for a police area in England and Wales;
    (aa) the Police Service of Scotland;
    (b) the Police Service of Northern Ireland;
    (c) the National Criminal Intelligence Service;
    (d) the National Crime Squad;
    (e) the British Transport Police Force; or
    (f) the Civil Nuclear Constabulary.
  * ... ... ...

2C Constables serving with National Crime Agency
(1) A member of the Ministry of Defence Police serving with the National Crime Agency under arrangements to which subsection (2) applies shall—
(a) be under the direction and control of the Director General of the National Crime Agency, and
(b) continue to be a constable.
(2) This subsection applies to arrangements made between—
(a) the Director General of the National Crime Agency, and
(b) the chief constable of the Ministry of Defence Police.

2DExercise of powers and privileges in Scotland
(1) Where a member of the Ministry of Defence Police exercises in Scotland any power or privilege of a constable, Parts 1 and 2 of the Criminal Justice (Scotland) Act 2016 (in this section “the 2016 Act”) apply in relation to the exercise as though the power or privilege were exercised by a constable of the Police Service of Scotland.
(2) For the purposes of subsection (1)—
(a) in section 64 of the 2016 Act (police custody), references to a person arrested by a constable are to be read as including a person arrested by a member of the Ministry of Defence Police,
(b) section 69 of the 2016 Act (publication of information by police) does not apply.

2E.Exercise of functions in relation to children under the Scottish age of criminal responsibility
(1) The following apply, in Scotland, in relation to a member of the Ministry of Defence Police as they apply in relation to a constable of the Police Service of Scotland—
(a) Part 4 of the Age of Criminal Responsibility (Scotland) Act 2019 (in this section, “the 2019 Act”),
(b) any regulations made or guidance issued under that Part.
(2) Subsections (3) to (6) make further provision in relation to the application of Part 4 of the 2019 Act to members of the Ministry of Defence Police.
(3) References in Part 4 of the 2019 Act (however expressed) to constables of a particular rank are to be read, in relation to action taken or proposed to be taken by a member of the Ministry of Defence Police, as references to a member of the Ministry of Defence Police of the rank referred to.
(4) References in the following sections of the 2019 Act to the chief constable are to be read as including reference to the chief constable of the Ministry of Defence Police—
(a) section 29(2)(a),
(b) section 31(3)(a) and (5)(a),
(c) section 57(4)(a).
(5) The reference in section 33(1) of the 2019 Act to an enactment includes reference to an enactment which confers a power of the type described in that section on members of the Ministry of Defence Police (whether or not the enactment also confers that power on constables of the Police Service of Scotland).
(6) The reference in section 75(2) of the 2019 Act to a constable is to be read as including reference to a member of the Ministry of Defence Police.

3 Defence Police Federation.
(1) There shall continue to be a Defence Police Federation.
(2) The Federation shall represent members of the Ministry of Defence Police in all matters affecting their welfare and efficiency, other than questions of discipline affecting individuals, except as provided by subsection (3) below, and questions of promotion affecting individuals.
(3) The Federation may represent a member of the Ministry of Defence Police at any disciplinary proceedings or on an appeal from any such proceedings.
(4) Except as provided in regulations made under section 4 below, a member of the Ministry of Defence Police may only be represented under subsection (3) above by another member of that force.
(5) The Federation shall act through branches and regional and national committees; and the Federation and every branch and committee thereof shall be entirely independent of and unassociated with, any body or person outside the police service, but may employ persons outside the police service in an administrative or advisory capacity.
(6) The Secretary of State may, after consultation with the management committee of the Federation, by regulations prescribe the constitution and proceedings of the Federation or authorise the Federation to make rules concerning such matters relating to their constitution and proceedings as may be specified in the regulations and, without prejudice to the generality of that power, regulations under this subsection may make provision—
(a) with respect to the membership of the Federation;
(b) with respect to the raising of funds by the Federation by subscription and the use and management of funds derived from subscription; and
(c) with respect to the manner in which representations may be made by the Federation to the Ministry of Defence Police Committee and the Secretary of State.
(7) The power to make regulations conferred by this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

3A Regulations relating to disciplinary matters
(1) The Secretary of State may make regulations with respect to—
(a) the conduct, efficiency and effectiveness of members of the Ministry of Defence Police and the maintenance of discipline;
(b) the suspension from duty of members of the Ministry of Defence Police.
(1A) Without prejudice to the powers conferred by subsection (1), regulations under this section shall—
(a) establish, or
(b) make provision for the establishment of,
procedures for the taking of disciplinary proceedings in respect of the conduct, efficiency and effectiveness of members of the Ministry of Defence Police, including procedures for cases in which such persons may be dealt with by dismissal.
(1B) Regulations under this section may provide for the procedures that are established by or under regulations made by virtue of subsection (1A) to apply (with or without modifications) in respect of the conduct, efficiency or effectiveness of any person where—
(a) an allegation relating to the conduct, efficiency or effectiveness of the person comes to the attention of the chief constable of the Ministry of Defence Police, the Ministry of Defence Police Committee, the Director General of the Independent Office for Police Conduct, the Police Investigations and Review Commissioner or the Police Ombudsman for Northern Ireland,
(b) at the time of the alleged misconduct, inefficiency or ineffectiveness the person was a member of the Ministry of Defence Police, and
(c) condition A, B or C is satisfied in relation to the person.
(1C) Condition A is that the person ceases to be a member of the Ministry of Defence Police after the allegation first comes to the attention of a person mentioned in subsection (1B)(a).
(1D) Condition B is that the person had ceased to be a member of the Ministry of Defence Police before the allegation first came to the attention of a person mentioned in subsection (1B)(a) but the period between the person having ceased to be a member of the Ministry of Defence Police and the allegation first coming to the attention of a person mentioned in subsection (1B)(a) does not exceed the period specified in regulations under this section.
(1E) Condition C is that—
(a) the person had ceased to be a member of the Ministry of Defence Police before the allegation first came to the attention of a person mentioned in subsection (1B)(a),
(b) the period between the person having ceased to be a member of the Ministry of Defence Police and the allegation first coming to the attention of a person mentioned in subsection (1B)(a) exceeds the period specified for the purposes of condition B, and
(c) the alleged misconduct, inefficiency or ineffectiveness is such that, if proved, the person could have been dealt with by dismissal if the person had still been a member of the Ministry of Defence Police.
(1F) Regulations made by virtue of subsection (1B) as they apply in a case where condition C is satisfied in relation to a person must provide that disciplinary proceedings may be taken against the person in respect of the alleged misconduct, inefficiency or ineffectiveness only if the Director General of the Independent Office for Police Conduct determines that taking such proceedings would be reasonable and proportionate having regard to—
(a) the seriousness of the alleged misconduct, inefficiency or ineffectiveness,
(b) the impact of the allegation on public confidence in the police, and
(c) the public interest.
(1G) Regulations made by virtue of subsection (1B) may make provision about matters to be taken into account by the Director General of the Independent Office for Police Conduct for the purposes of subsection (1F)(a) to (c).
(1H) Regulations made by virtue of subsection (1B) must provide that disciplinary proceedings which are not the first disciplinary proceedings to be taken against the person in respect of the alleged misconduct, inefficiency or ineffectiveness may be taken only if they result from a re-investigation of the allegation (whether carried out under regulations under this section or by virtue of section 26 of the Police Reform Act 2002) that begins within the period specified in the regulations.
The period specified must begin with the date when the person ceased to be a member of the Ministry of Defence Police.
(2) Regulations under this section may provide for decisions which would otherwise fall to be taken by the Secretary of State or the chief constable of the Ministry of Defence Police to be taken instead by—
(a) a person appointed in accordance with the regulations; or
(b) the Ministry of Defence Police Committee.
(3) In relation to any matter as to which provision may be made by regulations under this section, the regulations may—
(a) authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, the Ministry of Defence Police Committee, the chief constable of the Ministry of Defence Police or other persons; or
(b) authorise or require the delegation by any person of functions conferred on that person by or under the regulations.
(4) Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

4 Representation etc. at disciplinary proceedings
(1) The Secretary of State shall by regulations make provision for or in connection with—
(a) enabling the officer concerned or the relevant authority to be represented in proceedings conducted under regulations made in pursuance of section 3A;
(b) enabling the panel conducting such proceedings to receive advice from a relevant lawyer or another person falling within any prescribed description of persons.
(2) Regulations under this section may in particular make provision—
(a) specifying the circumstances in which the officer concerned or the relevant authority is entitled to be represented by a relevant lawyer;
(b) specifying the circumstances in which the officer concerned or the relevant authority is entitled to be represented by a person (other than a relevant lawyer) who falls within any prescribed description of persons;
(c) for securing that—
(i) the relevant authority may be legally represented, and
(ii) the panel conducting the proceedings may receive advice from a relevant lawyer,
whether or not the officer concerned is legally represented.
(3) Without prejudice to the powers conferred by this section, regulations under this section shall, in relation to cases where the officer concerned is entitled to legal or other representation, make provision—
(a) for securing that the officer is notified of his right to such representation;
(b) specifying when the officer is to be so notified;
(c) for securing that proceedings at which the officer may be dismissed are not to take place unless the officer has been notified of his right to such representation.
(4) In this section—
  * “the officer concerned”, in relation to proceedings within subsection (1)(a), means the member or, as the case may be, the former member of the Ministry of Defence Police to whom the proceedings relate;
  * “the panel”, in relation to proceedings within subsection (1)(a), means the panel of persons, or the person, prescribed for the purpose of conducting the proceedings;
  * “prescribed” means prescribed by regulations under this section;
  * “relevant authority” means—
    (a) where the officer concerned is a member of the Ministry of Defence Police (other than a senior officer), the chief constable for the Ministry of Defence Police;
    (aa) where the officer concerned is a former member of the Ministry of Defence Police who immediately before ceasing to be such a member was not a senior officer, the chief constable for the Ministry of Defence Police;
    (b) where the officer concerned is a senior officer, the Ministry of Defence Police Committee;
    (c) where the officer concerned is a former member of the Ministry of Defence Police who immediately before ceasing to be such a member was a senior officer, the Ministry of Defence Police Committee;
  * “relevant lawyer” means—
    (a) in relation to England and Wales, a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act), and
    (b) in relation to Scotland or Northern Ireland, counsel or a solicitor;
  * “senior officer” means a member of the Ministry of Defence Police holding a rank above that of chief superintendent.
(5) But in prescribed circumstances “relevant authority” also includes—
(a) in relation to England and Wales, the Independent Office for Police Conduct ;
(b) in relation to Scotland, the Police Complaints Commissioner for Scotland;
(c) in relation to Northern Ireland, the Police Ombudsman for Northern Ireland.
(6) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(7) Subsection (6) does not apply to a statutory instrument containing (whether alone or with other provision) any regulations under this section coming into force at a time that is the earliest time at which any regulations under this section are to come into force since the commencement of paragraph 15 of Schedule 22 to the Criminal Justice and Immigration Act 2008.
(8) A statutory instrument within subsection (7) may not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

4AAppeals against dismissal etc.
(1) The Secretary of State shall by regulations—
(a) make provision specifying the cases in which a member, or former member, of the Ministry of Defence Police may appeal to a police appeals tribunal;
(b) make provision equivalent, subject to such modifications as the Secretary of State thinks fit, to that made (or authorised to be made) in relation to police appeals tribunals by any provision of Schedule 6 to the Police Act 1996 (c. 16) or Schedule 3 to the Police and Fire Reform (Scotland) Act 2012.
(2) A police appeals tribunal may, on the determination of an appeal under this section, make an order dealing with the appellant in any way in which he could have been dealt with by the person who made the decision appealed against.
(3) The Secretary of State may make regulations as to the procedure on appeals to police appeals tribunals under this section.
(4) Regulations under this section may, in particular, make provision—
(a) for enabling a police appeals tribunal, in such circumstances as are specified in the regulations, to determine a case without a hearing;
(b) for the appellant or the respondent to be entitled, in a case where there is a hearing, to be represented—
(i) by a relevant lawyer, or
(ii) by a person who falls within any description of persons prescribed by the regulations;
(c) for enabling a police appeals tribunal to require any person to attend a hearing to give evidence or to produce documents,
and regulations made in pursuance of paragraph (c) may apply subsections (2) and (3) of section 250 of the Local Government Act 1972 with such modifications as may be set out in the regulations.
(5) Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) Subsection (5) does not apply to a statutory instrument containing (whether alone or with other provision) the first regulations made under this section after the commencement of paragraph 16 of Schedule 22 to the Criminal Justice and Immigration Act 2008: such an instrument may not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
(7) In this section—
  * “police appeals tribunal” means a tribunal constituted in accordance with regulations under this section;
  * “relevant lawyer” has the same meaning as in section 4.

4B Functions of inspectors of constabulary
(1) The inspectors of constabulary shall inspect, and report to the Secretary of State on, the efficiency and effectiveness of the Ministry of Defence Police.
(2) The Secretary of State may at any time require the inspectors of constabulary to carry out an inspection under this section of the Ministry of Defence Police and to report to him on that inspection.
(3) A requirement under subsection (2) may include a requirement for the inspection to be confined to a particular part of the Ministry of Defence Police, to particular matters or to particular activities of the Ministry of Defence Police.
(4) The inspectors of constabulary shall carry out such other duties for the purposes of furthering the efficiency and effectiveness of the Ministry of Defence Police as the Secretary of State may from time to time direct.
(5) Before carrying out any inspection by virtue of subsection (1) in Scotland, the inspectors of constabulary shall consult the Scottish inspectors with respect to the scope and conduct of the proposed inspection.
(6) In this section—
  * “ the inspectors of constabulary ” means Her Majesty’s Inspectors of Constabulary appointed under section 54 of the Police Act 1996 (c. 16);
  * “ the Scottish inspectors ” means the inspectors of constabulary appointed under section 71 of the Police and Fire Reform (Scotland) Act 2012.

4C Publication of reports
(1) Subject to subsection (2) below, the Secretary of State shall arrange for any report received by him under section 4B above to be published in such manner as appears to him to be appropriate.
(2) The Secretary of State may exclude from publication under subsection (1) above any part of a report if, in his opinion, the publication of that part—
(a) would be against the interests of national security; or
(b) might jeopardise the safety of any person.
(3) The Secretary of State shall—
(a) send a copy of the published report to the chief constable of the Ministry of Defence Police; and
(b) invite the chief constable to submit comments on the published report to the Secretary of State before such date as the Secretary of State may specify.
(4) The Secretary of State shall arrange for—
(a) any comments submitted by the chief constable in accordance with subsection (3) above, and
(b) any response that the Secretary of State may prepare to the published report or to any comments submitted by the chief constable,
to be published in such manner as he considers appropriate.

5 Impersonation etc.
(1) Any person who with intent to deceive impersonates a member of the Ministry of Defence Police, or makes any statement or does any act calculated falsely to suggest that he is such a member, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.
(2) Any person who, not being a member of the Ministry of Defence Police, wears any article of the uniform of the Ministry of Defence Police in circumstances where it gives him an appearance so nearly resembling that of a member as to be calculated to deceive shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) Any person who, not being a member of the Ministry of Defence Police, has in his possession any article of uniform of the Ministry of Defence Police shall, unless he proves that he obtained possession of that article lawfully and has possession of it for a lawful purpose, be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.
(4) In this section “article of uniform” means any article of uniform or any distinctive badge or mark or document of identification usually issued to members of the Ministry of Defence Police, or any thing having the appearance of such an article, badge, mark or document.

6 Causing disaffection.
Any person who causes, or attempts to cause, or does any act calculated to cause, disaffection amongst the members of the Ministry of Defence Police, or induces or attempts to induce, or does any act calculated to induce, any member of the Ministry of Defence Police to withhold his services or to commit breaches of discipline, shall be guilty of an offence and liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

6A Powers to make regulations
Any power of the Secretary of State under this Act to make regulations shall include power to make different provision for different purposes.

7 Consequential amendments and repeals.
(1) In section 3 of the Special Constables Act 1923—
(a) in subsection (1)—
(i) for the words “the Defence Council”, there shall be substituted the words “an authority who by virtue of any enactment are authorised to make nominations under this section”; and
(ii) the words from “both” to “Force” shall cease to have effect; and
(b) in subsection (2), for the word “department”, in both places where it occurs, there shall be substituted the word “authority”.
(2) In paragraph 1 of Schedule 2 to the Emergency Laws (Miscellaneous Provisions) Act 1947—
(a) in sub-paragraph (1) there shall cease to have effect—
(i) the words “nominated by the Defence Council”;
(ii) the words “so nominated”;
(iii) the word “other”;
(iv) the words “the Defence Council, the Secretary of State for Defence or”; and
(v) the words “or are for the time being used for or in connection with naval, military or air force purposes”; and
(b) in sub-paragraph (2)—
(i) for the words “the Defence Council” there shall be substituted the words “an authority who by virtue of any enactment are authorised to make nominations under section 3 of the Special Constables Act 1923”; and
(ii) there shall cease to have effect the words “the Defence Council, the Secretary of State for Defence or” and the words “or are specified by the Defence Council to be, for the time being, used for or in connection with naval, military or air force purposes”.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In paragraph 4 of Schedule 1 to the Nuclear Installations Act 1965—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) sub-paragraph (2) shall cease to have effect.
(5) Section 11 of the Ordnance Factories and Military Services Act 1984 and Schedule 3 to that Act (both of which relate to special constables) shall cease to have effect.
(6) In subsection 3(1) of the Dockyard Services Act 1986, paragraph (a) (application of section 3 of the Special Constables Act 1923 to land in a designated dockyard) shall cease to have effect.

8 Short title, commencement and extent.
(1) This Act may be cited as the Ministry of Defence Police Act 1987.
(2) This Act shall come into force at the end of the period of two months beginning with the date on which it is passed.
(3) The provisions of this Act, except section 7(1)(2)(a) and (6), extend to Northern Ireland, and section 7(2)(b) only so extends.


[12th December 1968]

PART IPROVISIONS WITH RESPECT TO SENTENCES ON AND DETENTION OF YOUNG OFFENDERS

Restrictions on imprisonment

1 Restrictions on imprisonment.
(1) Subject to subsections (2) and (3), and without prejudice to any other enactment prohibiting or restricting the imprisonment of persons of or below a specified age, a court shall not pass a sentence of imprisonment on, or commit to prison for any default, a person who has not attained twenty-one years of age.
(2) Nothing in subsection (1) shall affect the power of a court to pass a sentence of imprisonment (where the court has power to pass such a sentence) for a term of more than four years.
(3) Subsection (1) shall not apply in the case of a person who is serving a sentence of imprisonment at the time when the court passes sentence ….
(4) Nothing in subsection (1) shall affect the power of the Minister of Home Affairs (in this Act referred to as “the Minister” ) to commute to a term of imprisonment—
Para. (a) rep. by 1980 NI 10
(b) a term of detention in a young offenders centre under section 7(1)( b) of this Act.

Institutions for offenders

2 Young offenders centres and remand centres.
The powers exercisable by the Ministry of Home Affairs (in this Act referred to as “the Ministry” ) under the Prison Act shall include the provision, maintenance, administration, regulation and management of—
(a) young offenders centres, that is to say, places—
(i) in which offenders, who have been ordered to be detained therein under any enactment, may be kept for suitable training and instruction; and
(ii) in which persons not less than fifteen but under 21 years of age who are either remanded in custody or committed in custody for trial may be detained in accordance with any enactment.
(b) remand centres, that is to say, places—
(i) for the detention of persons not less than fifteen but under twenty-one years of age who are either remanded or committed in custody for trial; and
(ii) for the detention for any temporary purpose, or for the purpose of providing maintenance, domestic and other services for that centre, of any persons required to be detained in an institution to which the Prison Act applies; and
(c) facilities in remand centres for the observation of any person detained therein on whose physical or mental condition a medical report may be desirable for the assistance of the court in determining the most suitable method of dealing with his case;
and accordingly, that Act shall have effect in relation to young offenders centres and remand centres and to persons detained therein as it has effect in relation to prisons and prisoners,. . .
S. 3 rep. by 2005 NI 15

4 Exercise of powers of release.
Any power conferred by or under any enactment to release a person from a prison or other institution to which the Prison Act applies may be exercised notwithstanding that he is not for the time being detained in that prison or institution and a person released by virtue of this section shall, after his release, be treated in all respects as if he had been released from that prison or institution.

Young offenders centres

5 Detention in a young offenders centre.
(1) Where—
(a) a person of not less than sixteen but under twenty-one years of age has been convicted (whether summarily or on indictment) of an offence which is punishable with imprisonment in the case of a person aged twenty-one years or over; and
(b) the court considers that he should serve a term of detention,
the court may, subject to Article 47 of the Criminal Justice (Children) (Northern Ireland) Order 1998, order him to be detained in a young offenders centre for a term which shall not exceed—
(i) the maximum term of imprisonment which the court could impose for the offence in the case of a person aged twenty-one years or over; or
(ii) four years,
whichever is the lesser.
(2) Where the court orders a person to be detained in a young offenders centre under subsection (1) for a term which exceeds—
(a) eighteen months, in the case of a person who has previously served a sentence of imprisonment or a term of detention in a young offenders centre;
(b) six months, in any other case,
it shall state the reason and cause it to be entered in the record of the proceedings along with the sentence.
(3) Where—
(a) a person of not less than sixteen but under twenty-one years of age has been guilty of any default for which the court could, if he were aged twenty-one years or over, commit him to prison; and
(b) the court considers that he should serve a term of detention,
the court may, subject to Article 46C of the Criminal Justice (Children) (Northern Ireland) Order 1998, order him to be detained in a young offenders centre for a term not exceeding that for which, if he were aged twenty-one years or over, he could be committed to prison.
(4) Where a court orders a person to be detained in a young offenders centre, it may order that the term of that detention shall commence on the expiration of any other term of detention ordered by that or any other court.
(5) Where the Crown Court orders a person to be detained in a young offenders centre for two or more terms of detention to run consecutively, the aggregate of those terms shall not exceed four years.
(6) Where a magistrates' court orders a person to be detained in a young offenders centre for two or more terms of detention to run consecutively, the aggregate of those terms shall not exceed—
(a) except as provided by paragraph (b) or any other enactment, twelve months;
(b) in the case of terms of detention in respect of indictable offences tried summarily, eighteen months.
S. 6 rep. by 1976 NI 4

7 Transfer of young offenders between institutions.
(1) The Minister may direct that a person under twenty-one years of age detained in a young offenders centre—
Para. (a) rep. by 1980 NI 10
(b) be transferred to a prison, where it appears to the Secretary of State that that person is incorrigible or is exercising a bad influence on the other inmates of the centre; and the Minister may commute the unexpired part of the term for which that person is then liable to be so detained to a term of imprisonment equivalent to the said unexpired part, and for the purposes of the Prison Act and this Act that person shall be treated as if he had been sentenced to imprisonment or committed to prison and detained in prison from the date on which his sentence began to run or, as the case may be, of his committal.
Subs. (2) rep. by 1980 NI 10
(3) The Minister may, in the case of any person who is under twenty-one years of age and who is serving a sentence of imprisonment under which he would not normally be released within the three months then next following or who has been committed to prison, transfer that person to a young offenders centre and upon such transfer such person may be detained for a term equal to the unexpired part of his sentence or, as the case may be, of his committal; and for the purposes of the Prison Act and this Act, he shall be treated as if he had been ordered to be detained in a young offenders centre and detained in such centre from the date on which his period of detention began to run.
Subs. (4) rep. by 1980 NI 10

8 Transfer to prison of persons over twenty-one and maximum age for detention in a young offenders centre.
(1) Subject to the provisions of this section, where a person ordered to be detained in a young offenders centre has attained the age of twenty-one years, the Minister may transfer him to prison.
(2) No person shall be detained in a young offenders centre after he has attained the age of twenty-four, and accordingly any person so detained shall, not later than the day immediately preceding his twenty-fourth birthday, be transferred to prison; but this subsection shall not apply to any person who is detained in a young offenders centre—
Para. (a) rep. by 1976 NI 4; 1980 NI 10
(b) in pursuance of an order made by a court under … [ … Article 3 of the Treatment of Offenders (Northern Ireland) Order 1976 [1976 NI 4] ].
(3) Where a person has been transferred to prison under this section, he shall be treated for the purposes of the Prison Act and this Act as if the order for detention made in relation to him were a sentence of imprisonment or an order of committal, and as if he had been detained in prison from the date on which his sentence began to run or, as the case may be, of his committal.

Remand centres

9 Remand and committal of persons under twenty-one.
(1) Where a court either remands or commits for trial a person not being less than seventeen but under twenty-one years of age who is charged with or convicted of an offence and is not released on bail,. . . he shall be committed to a remand centre instead of being committed to prison;
Para. (b) rep. by 1998 NI 9
  * Subs. (2) rep. by 1980 NI 10
  * Subs. (3) rep. by 1998 NI 9
Ss. 10‐13 rep. by SLR 1980; 1980 NI 10
S. 14(1)(2) rep. by SLR 1980; subs. (3) rep. by 1980 NI 10; subs. (4) spent; subs. (5) rep. by 1980 NI 10

PART IIFURTHER PROVISIONS WITH RESPECT TO TREATMENT OF OFFENDERS
Ss. 15‐17 rep. by 1976 NI 14

Suspended Sentences

18 Suspended sentence of imprisonment or order for detention in a young offenders centre.
(1 )A court which—
(a) passes a sentence of imprisonment for a term of not more than two years for an offence which is not a serious offence within the meaning of subsection (1B); or
(b) makes an order for detention in a young offenders centre for a term of not more than two years for such an offence,
may order that the sentence or order for detention shall not take effect unless, during the period specified in the order, being not less than one year or more than three years from the date of the order, the offender commits in Northern Ireland another offence punishable with imprisonment in the case of a person aged twenty-one years or over, and thereafter a court having power to do so orders under section 19 that the original sentence or order for detention shall take effect.
(1A )A court which—
(a) passes a sentence of imprisonment for a term of not more than seven years for a serious offence within the meaning of subsection (1B); or
(b) makes an order for detention in a young offenders centre for such an offence,
may order that the sentence or order for detention shall not take effect unless, during the period specified in the order, being not less than one year or more than five years from the date of the order, the offender commits in Northern Ireland another offence punishable with imprisonment in the case of a person aged twenty-one years or over, and thereafter a court having power to do so orders under section 19 that the original sentence shall take effect.
(1B) In—
(a) subsections (1) and (1A) “serious offence” means an offence for which a person aged twenty-one years or over may, on conviction on indictment, be sentenced to imprisonment for a term of five years or more; and
(b) this section and sections 19 to 21 “operational period” in relation to a suspended sentence or order for detention means the period specified in the order under subsection (1) or, as the case may be, (1A).
(2) A court which passes or makes a suspended sentence or order for detention on or in relation to any person for an offence shall not make a probation order in his case in respect of another offence—
(a) of which he is convicted by or before that court; or
(b) for which he is dealt with by that court;
at the same time.
(3) On passing or making a suspended sentence or order for detention the court shall explain to the offender in ordinary language his liability under section 19 if during the operational period he commits an offence punishable with imprisonment in the case of a person aged twenty-one years or over.
Subs. (4) rep. by 1980 NI 10
(5) Subject to any provision to the contrary contained in this Act or any enactment passed or instrument made under any enactment after the commencement of this Act—
(a) a suspended sentence or order for detention which has not taken effect under section 19 shall be treated as a sentence of imprisonment, or as the case may be, an order for detention in a young offenders centre for the purposes of all enactments and instruments made under enactments except any enactment or instrument which provides for disqualification for or loss of office of persons sentenced to imprisonment; and
(b) where a suspended sentence or order for detention has taken effect under that section the offender shall be treated for the purposes of the said excepted enactments and instruments as having been convicted on the date on which the period allowed for making an appeal against an order under that section would normally expire, or if such an appeal is made, the date on which it is finally disposed of or abandoned or fails for non-prosecution.

19 Power of court on conviction of further offence to deal with suspended sentence.
(1) Where an offender is convicted of a subsequent offence punishable with imprisonment in the case of a person aged twenty-one years or over, and the offence was committed during the operational period of a suspended sentence or order for detention and either he is so convicted by or before a court having power under section 20 to deal with him in respect of the suspended sentence or order for detention or he subsequently appears or is brought before such a court, then, unless the sentence or order has already taken effect, the court shall consider his case and deal with him by one of the following methods—
(a) the court may order that the suspended sentence or order for detention shall take effect with the original term unaltered;
(b) it may order that the suspended sentence or order for detention shall take effect with the substitution of a lesser term for the original term;
(c) it may by order vary the original order under section 18—
(i) where it was made under subsection (1) of that section, by substituting for the period specified therein a period expiring not later than three years from the date of the variation;
(ii) where it was made under subsection (1A) of that section, by substituting for the period specified therein a period expiring not later that five years from the date of the variation;
(d) it may make no order with respect to the suspended sentence or order for detention;
and a court shall make an order under paragraph ( a) unless the court is of opinion that it would be unjust to do so in view of all the circumstances. . . , including the facts of the subsequent offence and where it is of that opinion the court shall state its reasons.
(2) Where a court orders that a suspended sentence or order for detention shall take effect, with or without any variation of the original term, the court may notwithstanding section 5(5) and (6) and Article 56 of the Magistrates' Courts (Northern Ireland) Order 1981 order that that sentence or order shall take effect immediately or that the term thereof shall commence on the expiration of another term of imprisonment or as the case may be, detention in a young offenders centre, passed or ordered on the offender by that or another court.
(3) Where a court orders that an order for detention in a young offenders centre, which has been suspended by an order made under section 18(1) or (1A) shall take effect, with or without variation of the original term, the court shall, if the offender has attained the age of twenty-one years or may, if he will have attained that age at the time when the said order for detention takes effect, order that the order for detention shall be treated as a sentence of imprisonment.
(4) In proceedings for dealing with an offender in respect of a suspended sentence or order for detention which take place before [ the Crown Court] any question whether the offender has been convicted of an offence punishable with imprisonment in the case of a person aged twenty-one years or over, committed during the operational period of the suspended sentence or order for detention shall be determined by [ the judge of the Crown Court].
(5) Where a court other than the court which passed the suspended sentence or order for detention deals with an offender under this section the appropriate officer of the first-mentioned court shall notify the appropriate officer of the second-mentioned court of the method adopted.
(6) Where on consideration of the case of an offender a court makes no order with respect to a suspended sentence or order for detention, the appropriate officer of the court shall record that fact.
(7) An order made by a magistrates' court under subsection (1) shall, for the purposes of Article 140 of the Magistrates' Courts (Northern Ireland) Order 1981 (right of appeal), be deemed to be a sentence passed on conviction upon a plea of guilty and the period of fourteen days specified in Article 144(1) of that Order shall be deemed to commence on the date when the order under subsection (1) was made.

20 Court which shall deal with a suspended sentence or order for detention.
(1) An offender may be dealt with in respect of a suspended sentence or order for detention by [ the Crown Court or], where the sentence or order for detention was passed or made by a magistrates' court, by any magistrates' court before which he appears or is brought.
Subs. (2) rep. by 1978 c. 23
(3) Where an offender is convicted by a magistrates' court of an offence punishable with imprisonment in the case of a person aged twenty-one years or over and the court is satisfied that the offence was committed during the operational period of a suspended sentence or order for detention passed or made by [ the Crown Court]—
(a) the court may commit him in custody or on bail to [ the Crown Court] … to be dealt with … in respect of that sentence or order; and
(b) if it does not, shall furnish written notice of the conviction to the appropriate officer of the court by which the suspended sentence or order for detention was passed or made.
Subs.(4) rep. by 1978 c.23
(5) For the purposes of this section and section 21 a suspended sentence or order for detention passed or made on or in relation to an offender on appeal shall be treated as having been passed or made by the court by which he was originally [ tried].

21 Discovery of further offences.
(1) If an offender is convicted in Northern Ireland of an offence punishable with imprisonment in the case of a person aged twenty-one years or over, committed during the operational period of a suspended sentence or order for detention and it appears to a justice of the peace ... that he has not been dealt with in respect of the suspended sentence or order for detention, the justice may issue a summons requiring the offender to appear at the place and time specified therein, or may, subject to the following provisions of this section, issue a warrant for his arrest.
(2) A summons under this section shall not be issued except on complaint; and a warrant under this section shall not be issued except on complaint in writing and on oath.
(2A) Subsection (2) does not apply to a summons or warrant issued (by virtue of section 9(12) of the Justice (Northern Ireland) Act 2002) by a judge of the Crown Court acting in consequence of a notice under section 20(3) of this Act.
(3) A summons or warrant issued under this section shall direct the offender to appear or to be brought before the court by which the suspended sentence or order for detention was passed or made; but if a warrant is so issued requiring him to be brought before [ the Crown Court] and he cannot forthwith be brought before that court because the court is not being held, the warrant shall have effect as if it directed him to be brought before a magistrates' court ... and the latter court shall commit him in custody or on bail to [ the Crown Court] ….

Miscellaneous

22 Abolition of sentence of corporal punishment.
No person shall be sentenced by a court to corporal punishment, by whatever name called; and so far as any enactment confers power on a court to pass such a sentence, it shall cease to have effect.
Ss. 23‐25 rep. by 1996 NI 24

26 Duration of sentence.
Subs. (1) rep. by 1978 c. 23
(2) The length of any sentence of imprisonment or term of detention in a young offenders centre or sentence of detention under Article 13A(6), 14(5) or 15A(5) of the Criminal Justice (Northern Ireland) Order 2008 imposed on or ordered in relation to an offender by a court shall be treated as reduced by any relevant period, but where he was previously subject to a probation order , a community service order, an order for conditional discharge or a suspended sentence or order for detention in respect of that offence, any such period falling before the order was made or the suspended sentence or order for detention was passed or made shall be disregarded for the purposes of this section.
(2A) In subsection (2) “relevant period” means—
(a) any period during which the offender was in police detention in connection with the offence for which the sentence was passed; or
(b) any period during which he was in custody—
(i) by reason only of having been committed to custody by an order of a court made in connection with any proceedings relating to that sentence or the offence for which it was passed or any proceedings from which those proceedings arose; or
(ii) by reason of his having been so committed and having been concurrently detained otherwise than by order of a court; or
(c) any period during which he was in custody in a category 1 territory with a view to his being extradited to the United Kingdom to be tried or sentenced for that offence (and not for any other reason).
In paragraph (c) “category 1 territory” means a territory designated under the Extradition Act 2003 for the purposes of Part 1 of that Act.
(3) For the purpose of this section a suspended sentence or order for detention shall be treated as a sentence of imprisonment or, as the case may be, an order for detention in a young offenders centre when it takes effect under section 19 and as being imposed or made by the order under which it takes effect.
(4) No period of custody shall be taken into account for the purpose of reducing a term of imprisonment under this section unless the whole of that period begins after the commencement of this Act.
(5) Any reference in this Act or any other enactment (whether passed before or after the commencement of this Act) to the length of any sentence of imprisonment or order for detention in a young offenders centre shall, unless the context otherwise requires, be construed as a reference to the sentence or order pronounced by the court and not the sentence or order as reduced by this section.
(6) A person is in police detention for the purposes of this section—
(a) at any time when he is in police detention for the purposes of the Police and Criminal Evidence (Northern Ireland) Order 1989; and
(b) at any time when he is detained under section 41 of the Terrorism Act 2000.
(7) No period of police detention shall be taken into account under this section unless it falls after the coming into operation of Article 49 of the Police and Criminal Evidence (Northern Ireland) Order 1989.
S. 27 rep. by 1982 NI 10

28 Computation of term of imprisonment
Subs. (1) rep. by 1980 NI 10
(2) In any enactment which provides for a period during which a person is or is not detained in custody to be counted or not to be counted as part of any term of imprisonment under his sentence any reference to imprisonment shall be construed as including a reference to detention in a young offenders centre.
S. 29 rep. by 1976 NI 4; 1978 c. 23; 1980 c. 47
S. 30 rep. by 1989 NI 15
S. 31 repeals s. 13(5) of 1953 c. 18 (NI)

PART IIIGENERAL

32 Financial provisions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32ARules.
(1) The Secretary of State may make rules for prescribing the procedure to be followed and the forms to be used for the purposes of proceedings under or in consequence of this Act.
(2) Rules made under paragraph (1) shall be subject to negative resolution.

33 Interpretation.
(1) In this Act—
  * “default” means failure to pay, or want of sufficient distress to satisfy any fine or other sum of money, or failure to do or abstain from doing anything required to be done or left undone;
  * “enactment” in sections 18(5), 26(5), 28(2) and 34 means any statutory provision within the meaning of paragraph ( f) of section 1 of the Interpretation Act (Northern Ireland) 1954 [1954 c.33] ;
  * “the Minister” has the meaning assigned to it by section 1(4);
  * “the Ministry” has the meaning assigned to it by section 2;
  * “order for detention” means an order for detention in a young offenders centre made under section 5(1);
  * [ “the Prison Act” means the Prison Act (Northern Ireland) 1953 [1953 c.18] ;]
  * “remand centre” has the meaning assigned to it by section 2( b);
  * “remand home” has the same meaning as in the Children and Young Persons Act (Northern Ireland) 1950 [1950 c.5] ;
  * “sentence” does not include a committal for default or the fixing of a term to be served in the event of default, or a committal or attachment for contempt of court;
  * “suspended sentence or order for detention” means a sentence or order for detention to which an order under section 18(1) or (1A) relates;
  * “young offenders centre” has the meaning assigned to it by section 2( a).
(2) For the purposes of any reference in [ the Prison Act and] this Act to a term of imprisonment or to a term of detention in a young offenders centre, consecutive terms or terms which are wholly or partly concurrent shall be treated as a single term if—
(a) the sentences were passed on the same occasion; or
(b) where they were passed on different occasions, the person has not been released under Chapter 4 of Part 2 of the Criminal Justice (Northern Ireland) Order 2008 at any time during the period beginning with the first and ending with the last of those occasions.
(3) Where the age of any person at any time is material for the purposes of any provision of this Act, his age at the material time shall be deemed to be or to have been that which appears to the court after considering any available evidence to be or to have been his age at that time.
(4) For the purposes of any provisions of this Act referring to a person who is serving or has served a sentence of any description, the expression “sentence” includes—
(a) in any case, a sentence of that description passed by a court in the British Islands; and
(b) in the case of imprisonment, a sentence passed by a court-martial [ or a Standing Civilian Court established under the Armed Forces Act 1976 [1976 c.52] ] on a person found guilty of a civil offence (within the meaning of the Army Act 1955 [1955 c.18] , the Air Force Act 1955 [1955 c.19] or the Naval Dicipline Act 1957 [1957 c.53] ).

34 Meaning of “imprisonment” in certain other Acts.
For the purpose of all enactments and instruments made under enactments relating to disqualification for loss of office of persons sentenced to imprisonment an order for detention in a young offenders centre shall be deemed to be a sentence of imprisonment.
S. 35(1), with Schedule 3, effects amendments; subs. (2) rep. by 1980 NI 10; subs. (3), with Schedule 5, effects repeals; subs. (4) rep. by 1980 NI 10

36 Short title and commencement.
(1) This Act may be cited as the Treatment of Offenders Act (Northern Ireland)1968.
(2) This section shall come into operation on the passing of this Act.
(3) The provisions of this Act, other than this section, shall come into operation on such day or days as may be appointed by order made by the Minister.
(4) Where an order is made under subsection (3) with respect to any provision of this Act, any reference in that provision to the commencement of this Act shall be construed as a reference to the time at which that provision comes into operation.

Schedules 1, 2 rep. by 1976 NI 4

Schedule 3‐Amendments.

Schedule 4 rep. by 1976 NI 4; 1980 NI 10

Schedule 5‐Repeals