Armed Forces Bill

AMENDMENT
TO BE MOVED
ON REPORT

After Clause 11

BARONESS FINLAY OF LLANDAFF

 

Insert the following new Clause—

“Procedure on arrest for substance abuse, violence against the person or damage to property

After section 74 of AFA 2006 insert—

“Procedure on arrest for substance abuse, violence against the person or damage to property

(1) If a person subject to service law and currently serving in Her Majesty’s armed forces

(a) has been arrested on suspicion of having committed an offence, and

(b) the damage is related to substance abuse, violence against the person or criminal damage to property,

prior to any decision being made as to charge consideration shall be given and the conclusions recorded as to the possible diversion of the person for specialist services to assist with substance misuse and mental health treatment either through Her Majesty’s armed forces or in the community.

(2) Prior to such a person’s case being determined before a military or civil Court the prosecuting authority and the Court shall review whether the case should be referred to specialist services such as are described in subsection (1).”.”

Prepared 27th September 2011