Commentary on Sections Part 10: Retrial for Serious Offences Section 94: Armed Forces: Part 10
347.Section 94 ensures that section 31 of the Armed Forces Act 2001 will apply to Part 10 of the Act as it applies to "criminal justice enactments". Under section 31(3) the Secretary of State may by order make provisions for the armed forces' system of justice equivalent (subject to any modification) to those of "criminal justice enactments". Under section 31(2)"criminal justice enactments" broadly covers Acts relating to conduct, procedure and powers in relation to criminal investigations and trials; for example arrest, custody, evidence and sentence. Part 10 might by contrast be considered to affect the substantive criminal law.
348.Under Section 94(2) the Secretary of State is empowered to use section 31 to apply provisions equivalent to Part 10 to such offences under service law as he thinks fit. Service offences likely to be specified include such serious offences as assisting the enemy and mutiny.
349.Section 31 applies to persons subject to service law wherever they are. This Section will have the same extent of application as that section.
350.An order under Section 31 is generally subject to negative resolution procedure in Parliament. If however it alters the text of an Act (under section 31(6)(c)), such an order is subject to affirmative resolution procedure.