Armed Forces (Posthumous Pardons) Bill [HL] (HL Bill 47)

A

BILL

TO

Make provision to provide posthumous pardons to armed forces personnel
convicted of, or cautioned for, certain abolished offences.

B e 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 Amendment of the Policing and Crime Act 2017

(1) Section 164 (posthumous pardons for convictions etc of certain abolished
offences: England and Wales) of the Policing and Crime Act 2017 is amended
as follows.

(2) 5In subsection (4), after paragraph (4)(d) insert—

(e) an offence under any provision in any of the following
enactments, or under any provision contained in the Articles of
War applied by any of the following enactments, which is such
an offence by virtue of any of the enactments mentioned in
10subsection (3)—

(i) 1 Will. & Mar. c. 5 (1688) (An Act for punishing Officers
and Soldiers who shall mutiny or desert their Majesty’s
Service to continue till November 1689, and no longer);

(ii) 1 Will. & Mar. Session 2 c. 4 (1688) (An Act for punishing
15Officers or Soldiers who shall mutiny or desert their
Majesty’s Service, and for punishing false Musters);

(iii) 2 Will. & Mar. Session 2 c. 6 (1690) (An Act for punishing
Officers and Soldiers who shall mutiny or desert their
Majesties Service, and for punishing false Musters);

(iv) 20 4 Will. & Mar. c. 13 (1692) (An Act for punishing Officers
and Soldiers, who shall mutiny or desert their Majesties
Service, and for punishing False Musters, and for the
Payment of Quarters);

(v) 13 & 14 Will. 3 c. 2 (1701) (An Act for punishing of
25Officers and Soldiers, that shall mutiny or desert in
England or Ireland);

Armed Forces (Posthumous Pardons) Bill [HL] Page 2

(vi) 1 Ann. St. 2 c. 20 (1702) (An Act for punishing Officers or
Soldiers who shall mutiny or desert her Majesty’s
Service in England or Ireland, and for punishing false
Musters, and for better Payment of Quarters in
5England);

(vii) 2 & 3 Ann. c. 17 (1703) (An Act for punishing Mutiny,
Desertion, and false Musters, and for better paying of
the Army and Quarters, and for satisfying divers
Arrears, and for a further Continuance of the Powers of
10the five Commissioners for the examining and
determining the Accounts of the Army);

(viii) 3 & 4 Ann. c. 5 (1704) (An Act for punishing Mutiny and
Desertion, and false Musters; and for the better Payment
of the Army, and their Quarters);

(ix) 15 7 Ann. c. 4 (1708) (An Act for punishing Mutiny and
Desertion, and false Musters and for the better Payment
of the Army and Quarters);

(x) 10 Ann. c. 13 (1711) (An Act for punishing Mutiny and
Desertion, and false Musters, and for the better Payment
20of the Army and Quarters);

(xi) 12 Ann. c. 13 (1712) (An Act for the better Regulating the
Forces to be continued in her Majesty’s Service; and for
the Payment of the said Forces, and of their Quarters);

(xii) 13 Ann. c. 4 (1713) (An Act for the better regulating the
25Forces to be continued in her Majesty’s Service, and for
the Payment of the said Forces, and of their Quarters);

(xiii) 1 Geo. 1 St. 2 c. 3 (1714) (An Act for the better regulating
the Forces to be continued in his Majesty’s Service, and
for the Payment of the said Forces, and of their
30Quarters);

(xiv) 1 Geo. 1 St. 2 c. 9 (1714) (An Act for the better preventing
Mutiny and Desertion, by enforcing and making more
effectual an Act of this present Parliament, intituled, An
Act for the better regulating the Forces to be continued
35in his Majesty’s Service, and for the Payment of the said
Forces and their Quarters);

(xv) 1 Geo. 1 St. 2 c. 34 (1715) (An Act for preventing Mutiny
and Desertion; and for the better Payment of the Army
and their Quarters);

(xvi) 40the Acts for punishing Mutiny and Desertion, and for
the better Payment of the Army and their Quarters 1716
to 1878;

(xvii) the Acts for the Regulation of His or Her Majesty’s
Marine Forces while on Shore 1755 to 1878.”

(3) 45In subsection (5), after subsection (5)(a) insert—

(aa) section 41 of the Army Discipline and Regulation Act 1879;”.

(4) In subsection (8), after subsection (8)(c) insert—

(d) the Army Discipline and Regulation Act 1879, or

(e) any enactment or provision mentioned in subsection 4(e).”

Armed Forces (Posthumous Pardons) Bill [HL] Page 3

2 Extent, commencement and short title

(1) This Act has the same extent as section 164 of the Policing and Crime Act 2017.

(2) This Act comes into force on the day on which it is passed.

(3) This Act may be cited as the Armed Forces (Posthumous Pardons) Act 2020.