Armed Forces Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Armed Forces Bill

Armed Forces Bill
Part 11 — The Service Civilian Court
141

285
Hearing of appeals from SCC
(1)
This section applies in relation to appeals under section 284.
(2)
An appeal against conviction is to be by way of a rehearing of the charge
(including, where the appellant is convicted, a rehearing as respects sentence).
(3)
An appeal against sentence is to be by way of a rehearing as respects sentence.
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(4)
Subject to subsections (5) and (6) and to such modifications as may be
contained in Court Martial rules, Parts 7 to 9 of this Act apply in relation to
appeals as they apply in relation to trials by the Court Martial.
(5)
The following may not be a member of the court hearing the appeal—
(a)
the judge advocate who tried or sentenced the appellant;
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(b)
any other judge advocate before whom there was (in the proceedings
under appeal) a hearing.
(6)
The Court Martial may only pass a sentence that the Service Civilian Court had
power to pass in respect of the offence.
(7)
In this section and section 286—
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(a)
“sentence” includes any order;
(b)
references to the passing of a sentence include references to the making
of an order.
286
Findings made and sentences passed by Court Martial on appeal from SCC
(1)
Any finding made, or sentence passed, by the Court Martial on an appeal
20
under section 284 replaces the finding or sentence of the Service Civilian Court.
(2)
Unless the Court Martial otherwise directs, any sentence passed on such an
appeal takes effect from the beginnning of the day on which the Service
Civilian Court passed sentence.
(3)
Subsection (4) applies where a sentence is passed on a person on an appeal
25
under section 284 against sentence.
(4)
The person is to be treated, for the purpose of enabling him to appeal under the
Court Martial Appeals Act 1968 (c. 20) against the sentence, as if he had been
convicted by the Court Martial of the offence in respect of which the sentence
was passed.
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SCC rules
287
SCC rules
(1)
The Secretary of State may by rules (referred to in this Act as “SCC rules”) make
provision with respect to the Service Civilian Court.
(2)
SCC rules may in particular make provision with respect to—
35
(a)
sittings of the court, including the place of sitting and changes to the
place of sitting;
(b)
trials and other proceedings of the court;
(c)
the practice and procedure of the court;
(d)
evidence, including the admissibility of evidence;
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Armed Forces Bill
Part 11 — The Service Civilian Court
142

(e)
the representation of the defendant.
(3)
Without prejudice to the generality of subsections (1) and (2), SCC rules may
make provision—
(a)
as to oaths and affirmations for judge advocates, witnesses and other
persons;
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(b)
as to objections to, and the replacement of, judge advocates;
(c)
for procuring the attendance of witnesses and other persons and the
production of documents and other things, including provision
about—
(i)
the payment of expenses to persons summoned to attend the
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court;
(ii)
the issue by the court of warrants for the arrest of persons;
(d)
as to the amendment of charges;
(e)
for the taking into consideration, when sentencing an offender, of any
other service offence committed by him;
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(f)
for the discharge of a court (including provision as to retrials and
rehearings following discharge);
(g)
for the making and retention of records of proceedings of the court;
(h)
for the supply of copies of such records, including provision about the
fees payable for the supply of such copies;
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(i)
conferring functions in relation to the court on the court administration
officer;
(j)
for the delegation by the court administration officer of any of his
functions in relation to the court.
(4)
Provision that may be made by the rules by virtue of subsection (2)(d) includes
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provision applying, with or without modifications, any enactment (whenever
passed) creating an offence in respect of statements admitted in evidence.
(5)
Provision that may be made by the rules by virtue of subsection (3)(c)(ii)
includes provision—
(a)
conferring powers of arrest;
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(b)
requiring any arrested person to be brought before the court;
(c)
authorising the keeping of persons in service custody, and the
imposition of requirements on release from service custody (including
provision applying section 107(5) and (6) with or without
modifications).
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(6)
SCC rules must secure that, after arraignment, charges may not be amended—
(a)
in circumstances substantially different from those in which charges
may be amended in magistrates’ courts in England and Wales; or
(b)
otherwise than subject to conditions which correspond, as nearly as
circumstances permit, to those subject to which charges may be so
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amended.
(7)
SCC rules may apply, with or without modifications, any enactment or
subordinate legislation (whenever passed or made), including any provision
made by or under this Act.

Armed Forces Bill
Part 12 — Service and Effect of Certain Sentences
143

Part 12
Service and Effect of Certain Sentences
Commencement of sentence
288
Commencement of sentences of the Court Martial and Service Civilian Court
(1)
A sentence passed by the Court Martial or the Service Civilian Court takes
5
effect from the beginning of the day on which it is passed.
(2)
Subsection (1) does not apply to—
(a)
a suspended sentence of imprisonment or service detention; or
(b)
a sentence passed by the Court Martial on appeal from the Service
Civilian Court.
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(3)
Subsection (1) is subject to any power conferred by or under any Act (including
this Act) to direct that a sentence shall take effect otherwise than as mentioned
in subsection (1).
289
Commencement of term of service detention awarded by CO
(1)
This section applies where an officer—
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(a)
awards a term of service detention (other than a suspended sentence of
service detention); and
(b)
does not make a direction under section 188(3) in respect of the award
(consecutive sentences of service detention).
(2)
If the offender so elects at the time of the award, the award takes effect from
20
the beginning of the day on which the award is made.
(3)
If no election is made under subsection (2), the award—
(a)
takes effect from the end of the appeal period (unless an appeal is
brought within that period);
(b)
if an appeal is brought within that period, takes effect from the
25
beginning of the day when the appeal is abandoned or determined.
(4)
An election under subsection (2) may be withdrawn at any time until the end
of the appeal period.
(5)
If an election is withdrawn, the remainder of the award ceases to have effect
from the beginning of the day of withdrawal and resumes effect—
30
(a)
from the end of the appeal period (unless an appeal is brought within
that period);
(b)
if an appeal is brought within that period, from the beginning of the
day when the appeal is abandoned or determined.
(6)
If an award takes or resumes effect under subsection (2), (3)(a) or (5)(a) and an
35
appeal is subsequently brought, the remainder of the award—
(a)
ceases to have effect from the beginning of the day when the appeal is
brought; and
(b)
resumes effect from the beginning of the day when the appeal is
abandoned or determined.
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Armed Forces Bill
Part 12 — Service and Effect of Certain Sentences
144

(7)
In this section “appeal period” means the period mentioned in section 140(2)
for the bringing of an appeal.
(8)
Nothing in subsection (3)(b), (5)(b) or (6)(b) applies where the appeal is
determined and, on that determination, the award is quashed or another
punishment is substituted for it.
5
290
Commencement of consecutive term of service detention awarded by CO
(1)
This section applies where an officer—
(a)
awards a term of service detention; and
(b)
directs under section 188(3) that the award shall take effect from the
end of another sentence of service detention (“the initial sentence”).
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(2)
The offender may at the time of the award make an election under this
subsection.
(3)
Such an election may be withdrawn at any time until the end of the appeal
period.
(4)
If the offender—
15
(a)
makes an election under subsection (2), and
(b)
does not withdraw the election, or bring an appeal, before the end of
the initial sentence,

the award takes effect from the end of the initial sentence.
(5)
If subsection (4) does not apply, the award—
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(a)
takes effect from the end of the initial sentence or (if later) the end of the
appeal period (unless an appeal is brought before that time);
(b)
if an appeal is brought before the end of the initial sentence or (if later)
the end of the appeal period, takes effect from the end of the initial
sentence or (if later) the beginning of the day when the appeal is
25
abandoned or determined.
(6)
If an election is withdrawn after the end of the initial sentence, the remainder
of the award ceases to have effect from the beginning of the day of withdrawal
and resumes effect—
(a)
from the end of the appeal period (unless an appeal is brought within
30
that period);
(b)
if an appeal is brought within that period, from the beginning of the
day when the appeal is abandoned or determined.
(7)
If an award takes or resumes effect under subsection (4), (5)(a) or (6)(a) and an
appeal is subsequently brought, the remainder of the award—
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(a)
ceases to have effect from the beginning of the day when the appeal is
brought; and
(b)
resumes effect from the beginning of the day when the appeal is
abandoned or determined.
(8)
In this section “appeal period” means the period mentioned in section 140(2)
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for the bringing of an appeal against the award mentioned in subsection (1)(a)
above.
(9)
Nothing in subsection (5)(b), (6)(b) or (7)(b) applies where the appeal is
determined and, on that determination, the award is quashed or another
punishment is substituted for it.
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