Armed Forces Bill

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House of Commons

Session 2000-2001
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Armed Forces Bill

This is the text of the Armed Forces Bill, as presented to the House of Commons on 11th December 2000.

EXPLANATORY NOTES
Explanatory Notes to the Bill, prepared by the Ministry of Defence, are published separately as Bill 4- EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Mr Secretary Hoon has made the following statement under section 19(1)(a) of the Human Rights Act 1998:

In my view the provisions of the Armed Forces Bill are compatible with the Convention rights.

Armed Forces Bill

ARRANGEMENT OF CLAUSES

PART I

CONTINUANCE OF SERVICES ACTS

Clause

1. Continuance of services Acts.

PART II

POWERS OF ENTRY, SEARCH AND SEIZURE

Powers to stop and search

2. Powers to stop and search persons, vehicles etc.

3. Provisions relating to search under s. 2.

4. Power of commanding officer in relation to stopping and searching of persons, vehicles etc.

Entry and search of premises

5. Power of judicial officer to authorise entry and search of certain premises.

6. Special provisions as to access.

7. Power of commanding officer to authorise entry and search of certain premises.

8. Review by judicial officer.

9. Entry for purpose of arrest etc.

Powers exercisable on arrest

10. Search upon arrest.

Seizure etc.

11. Power to make provision equivalent to that made by ss. 18 to 22 of Police and Criminal Evidence Act 1984.

12. Property in possession of service police or commanding officer.

Supplementary

13. Orders and codes of practice under s. 113 of Police and Criminal Evidence Act 1984.

14. Power to use reasonable force.

15. Meaning of "service living accommodation".

16. Part II: supplementary provisions.

PART III

TRIAL AND PUNISHMENT OF OFFENCES

17. Summary dealing or trial and functions of prosecuting authority.

18. Abolition of naval disciplinary courts.

19. Membership of courts-martial.

20. Eligibility of warrant officers for membership of summary appeal courts.

21. Review of sentences by Courts-Martial Appeal Court

22. Required custodial sentences.

23. Restriction of judicial review of courts-martial.

24. Offences in relation to courts-martial etc.

25. Powers to compel attendance of witnesses.

26. Provision for orders as to costs.

27. Costs against legal representatives etc.

28. Provisions supplementary to ss. 26 and 27.

29. Custody.

30. Conditional release from custody.

PART IV

THE MINISTRY OF DEFENCE POLICE

31. Extension of jurisdiction.

32. Further amendments relating to Ministry of Defence Police.

PART V

MISCELLANEOUS AND GENERAL

Provision equivalent to criminal justice enactments

33. Power to make provision in consequence of enactments relating to criminal justice.

Testing for alcohol or drugs

34. Powers to test for alcohol or drugs after serious incident.

35. Interpretation of s. 34.

Miscellaneous amendments

36. Miscellaneous amendments.

General

37. Orders and regulations.

38. Application to Channel Islands and Isle of Man.

39. Interpretation.

40. Repeals.

41. Short title and commencement.

SCHEDULES:

    Schedule 1 - Summary dealing or trial and functions of prosecuting authority.

    Schedule 2 - Membership of courts-martial.

    Schedule 3 - Required custodial sentences.

    Schedule 4 - Amendments relating to custody.

    Schedule 5 - Amendments relating to Ministry of Defence Police.

    Schedule 6 - Testing for alcohol or drugs.

    Schedule 7 - Miscellaneous amendments.

    Part I - Amendments of Sexual Offences (Amendment) Act 1992.

    Part II - Abolition of office of Deputy Judge Advocate.

    Part III - Amendments of Reserve Forces Act 1996.

    Part IV - Amendments consequential on section 21(5) of Human Rights Act 1998.

    Part V - Queen Alexandra's Royal Naval Nursing Service and former Women's Royal Naval Service.

    Part VI - Other amendments.

    Schedule 8 - Repeals.

    Part I - Repeals relating to abolition of naval disciplinary courts.

    Part II - Repeals relating to required custodial sentences.

    Part III - Repeals relating to abolition of office of Deputy Judge Advocate.

    Part IV - Repeals consequential on Human Rights Act 1998.

    Part V - Repeals consequential on Youth Justice and Criminal Evidence Act 1999.

    Part VI - Repeals relating to Queen Alexandra's Royal Naval Nursing Service.

    Part VII - Other repeals.

© Parliamentary copyright 2000
Prepared 12 December 2000