S.C.D.
Amendment Paper as at
Tuesday 7th March 2000
STANDING COMMITTEE D
ARMED FORCES DISCIPLINE BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [29th February], as follows:—
Clauses 1 to 10, Schedule 1, Clauses 11 to 13, Schedule 2, Clauses 14 to 25, Schedule 3, Clauses 26 and 27, Schedule 4, Clause 28, new Clauses, new Schedules.
Mr Crispin Blunt
108
Clause 6, page 26, line 23, after '131', insert 'or 205(1)(ea), (eb), (g) or (h)'.
Mr Robert Key
Mr Geoffrey Clifton-Brown
34
Clause 6, page 26, line 31, leave out 'judicial' and insert 'duty'.
Mr Crispin Blunt
109
Clause 6, page 27, line 33, after '131', insert 'or 205(i)(ff), (h) or (i)'.
Mr Robert Key
Mr Geoffrey Clifton-Brown
35
Clause 6, page 29, line 2, leave out 'judicial' and insert 'duty'.
Mr Robert Key
Mr Geoffrey Clifton-Brown
36
Clause 7, page 29, line 13, leave out second 'Judicial' and insert 'Duty'.
Mr Crispin Blunt
110
Clause 7, page 29, line 13, after 'appointed', insert ', and funds provided for their maintenance,'.
Mr Robert Key
Mr Geoffrey Clifton-Brown
37
Clause 7, page 29, line 14, leave out 'Judge Advocate General' and insert 'Commanding Officer'.
Mr Crispin Blunt
Mr Robert Key
112
Clause 7, page 29, line 14, leave out 'Judge Advocate General' and insert 'Lord Chancellor'.
Mr Robert Key
Mr Geoffrey Clifton-Brown
38
Clause 7, page 29, line 20, leave out from first 'has' to end of line 24 and insert 'served for at least five years as a Warrant Officer or above in any of the Forces and has undergone the training of dealing with accused in custody and court-martial'.
Mr Crispin Blunt
114
Clause 7, page 29, line 21, leave out 'or any colony' and insert ', colony or the United States of America'.
Mr Robert Key
Mr Geoffrey Clifton-Brown
39
Clause 7, page 29, line 26, leave out second 'Judicial' and insert 'Duty'.
Mr Crispin Blunt
111
Clause 7, page 29, line 26, after 'appointed', insert ', and funds provided for their maintenance,'.
Mr Robert Key
Mr Geoffrey Clifton-Brown
40
Clause 7, page 29, line 27, leave out 'Chief Naval Judge Advocate' and insert 'Commanding Officer'.
Mr Crispin Blunt
Mr Robert Key
113
Clause 7, page 29, line 27, leave out 'Chief Naval Judge Advocate' and insert 'Lord Chancellor'.
Mr Robert Key
Mr Geoffrey Clifton-Brown
41
Clause 7, page 29, line 33, leave out from first 'has' to end of line 37 and insert 'served for at least five years as a Warrant Officer or above in any of the Forces and has undergone the training of dealing with accused in custody and court-martial'.
Mr Crispin Blunt
115
Clause 7, page 29, line 34, leave out 'or any colony' and insert ', colony or the United States of America'.
Mr Robert Key
Mr Geoffrey Clifton-Brown
42
Clause 8, page 30, line 18, leave out 'judicial' and insert 'duty'.
Mr Crispin Blunt
118
Clause 8, page 30, line 21, after 'rules', insert 'who satisfy an appropriate test of independence under the terms of the European Convention on Human Rights'.
Mr Crispin Blunt
116
Clause 8, page 30, line 24, after 'Parliament', insert 'and this Act shall not come into effect until such a Statutory Instrument has been made'.
Mr Robert Key
Mr Geoffrey Clifton-Brown
43
Clause 8, page 31, line 2, leave out 'judicial' and insert 'duty'.
Mr Crispin Blunt
117
Clause 8, page 31, line 8, after 'Parliament', insert 'and this Act shall not come into effect until such a statutory instrument has been made'.
Mr Crispin Blunt
119
Schedule 1, page 48, line 38, at end insert—
'2A. In section 82(2) of each of the 1955 Acts after "charged with", insert ", or in custody in connection with.".'.
Mr Crispin Blunt
120
Schedule 1, page 49, leave out line 14.
Mr Crispin Blunt
121
Schedule 1, page 49, leave out line 23.
Mr Crispin Blunt
123
Clause 11, page 32, line 7, leave out 'Before dealing summarily with a charge' and insert 'After dealing summarily with a charge and having found the charge proved, but before imposing sentence,'.
Mr Crispin Blunt
122
Clause 11, page 32, line 35, at end insert 'if the accused was legally represented when he withdrew his election for court martial with leave'.
Mr Crispin Blunt
124
Clause 11, page 32, line 41, leave out 'Before dealing summarily with a charge' and insert 'After dealing summarily with a charge, and having found the charge proved, but before imposing sentence,'.
Mr Crispin Blunt
125
Clause 11, page 33, line 25, at end insert 'if the accused was legally represented when he withdrew his election for court-martial with leave.'.
Mr Crispin Blunt
126
Clause 11, page 33, leave out lines 30 to 36.
Mr Crispin Blunt
127
Clause 11, page 33, line 36, at end insert—
'(3A) In section 52D of the 1957 Act (summary trial) (a) subsection (2) is omitted, and (b) a new subsection is inserted, as follows—
(2) If he determines that the charge has been proved, the Commanding Officer or appropriate superior authority shall, before recording a finding that the charge has been proved, afford the accused an opportunity of electing court-martial trial.'.
Mr Robert Key
Mr Geoffrey Clifton-Brown
44
Page 32, line 6, leave out Clause 11.
Mr Crispin Blunt
128
Clause 12, page 34, line 4, leave out 'shall not award any' and insert 'may award a'.
Mr Crispin Blunt
129
Clause 12, page 34, line 22, leave out 'shall not award any' and insert 'may award a'.
Mr Crispin Blunt
130
Clause 12, page 34, leave out lines 28 to 33.
Mr Crispin Blunt
131
Schedule 2, page 50, leave out lines 38 to 40.
Mr Crispin Blunt
132
Schedule 2, page 51, line 12, after 'Act', insert 'except where the charges are incapable of being dealt with summarily'.
Mr Crispin Blunt
133
Schedule 2, page 51, leave out lines 13 to 19.
Mr Crispin Blunt
134
Schedule 2, page 51, line 31, after 'Act', insert 'except where the charges are incapable of being dealt with summarily'.
Mr Crispin Blunt
135
Schedule 2, page 51, leave out line 34.
Mr Robert Key
Mr Geoffrey Clifton-Brown
45
Clause 16, page 36, line 20, after first 'a', insert 'warrant officer or'.
Mr Peter Viggers
89
Clause 16, page 36, line 22, leave out 'two' and insert 'five'.
Mr Peter Viggers
90
Clause 16, page 36, line 23, leave out 'two' and insert 'five'.
Mr Peter Viggers
91
Clause 16, page 36, leave out lines 37 to 39.
Mr Peter Viggers
92
Clause 16, page 36, leave out line 40.
Mr Peter Viggers
93
Clause 16, page 36, line 45, leave out from 'rules' to end of line 2 on page 37.
Mr Robert Key
Mr Geoffrey Clifton-Brown
46
Clause 16, page 37, line 15, after 'is', insert 'a warrant officer or'.
Mr Peter Viggers
94
Clause 16, page 37, line 17, leave out 'two' and insert 'five'.
