Armed Forces Bill

House of Commons

Session 2005 - 06
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Armed Forces Bill

Armed Forces Bill
Schedule 11 — Detention etc of persons in overseas service hospitals
222

(b)
a civilian subject to service discipline,

outside the British Islands.
      (2)
Sub-paragraph (3) applies if it appears to the person’s commanding officer
that all the relevant conditions are met in the case of the person and—
(a)
two registered medical practitioners make recommendations that an
5
order under that sub-paragraph should be made in relation to the
person; or
(b)
the case is urgent and one registered medical practitioner makes a
recommendation that such an order should be made in relation to the
person.
10
      (3)
The commanding officer may make an order—
(a)
in a case where, at the time the order is made, the person has been
admitted to an overseas service hospital and has not been
discharged—
(i)
for the person’s detention in that service hospital for
15
assessment or treatment; or
(ii)
for the person’s admission to and detention in another
overseas service hospital specified in the order for
assessment or treatment;
(b)
otherwise, for the person’s admission to and detention in an overseas
20
service hospital specified in the order for assessment or treatment.
      (4)
Sub-paragraph (5) applies if—
(a)
the person’s commanding officer makes an order under sub-
paragraph (3) for the person’s detention in (or admission to and
detention in) a service hospital on the recommendation of one
25
registered medical practitioner; and
(b)
while the order is in force, there is produced to him a
recommendation of another registered medical practitioner that an
order under sub-paragraph (5) should be made in relation to the
person.
30
      (5)
The commanding officer may make an order—
(a)
for the person’s further detention in that service hospital for
assessment or treatment; or
(b)
for the person’s admission to and detention in another overseas
service hospital specified in the order for assessment or treatment.
35
      (6)
See paragraph 4 for requirements as to recommendations under this
paragraph.
Effect of order under paragraph 2
3     (1)
This paragraph makes provision as to the effect of an order of a person’s
commanding officer under paragraph 2.
40
      (2)
An order under paragraph 2(3) has effect—
(a)
if made by virtue of paragraph 2(2)(a), for 28 days;
(b)
if made by virtue of paragraph 2(2)(b), for 5 days.
      (3)
An order under paragraph 2(5) has effect for 28 days from the date of the
order under paragraph 2(3) referred to in paragraph 2(4).
45
      (4)
While in force, the order is sufficient authority—

Armed Forces Bill
Schedule 11 — Detention etc of persons in overseas service hospitals
223

(a)
in a case where the order is made under paragraph 2(3)(a)(ii) or (b)
or (5)(b), for the person to be taken and conveyed to the service
hospital specified in the order;
(b)
in any case, for the person to be detained in the service hospital
specified in the order; and
5
(c)
in a case where arrangements are made for the person to be removed
to the United Kingdom for further assessment or treatment, for him
to be—
(i)
taken from the service hospital specified in the order and
conveyed to the United Kingdom; and
10
(ii)
for that purpose, detained in any place or on board any ship
or aircraft.
      (5)
Where the person is removed to the United Kingdom on the authority of the
order, he must not after arriving in the United Kingdom be detained, on that
authority, for longer than 24 hours.
15
Requirements as to recommendations under paragraph 2
4     (1)
A recommendation under paragraph 2 must include a statement that the
person making it is satisfied that all the relevant conditions are met in the
case of the person to whom it relates.
      (2)
A recommendation under paragraph 2(2)(b) must also include a statement
20
that—
(a)
the person needs to be detained in (or admitted to and detained in) a
hospital urgently; and
(b)
the urgency makes it impracticable for another recommendation to
be sought before making an order under paragraph 2(3) in relation
25
to the person.
Exercise of powers under paragraph 2 where person’s commanding officer is absent etc
5     (1)
This paragraph has effect in relation to a person subject to service law
outside the British Islands.
      (2)
If the person’s commanding officer is absent or otherwise not available, any
30
authorised officer may exercise in relation to the person the powers
conferred by paragraph 2.
      (3)
For the purposes of this paragraph, an officer is “authorised” if he is—
(a)
subject to service law;
(b)
of or above the rank of naval lieutenant, military or marine captain
35
or flight lieutenant; and
(c)
under the command of the person’s commanding officer.
Power to review order under paragraph 2
6     (1)
The Secretary of State may make regulations for enabling a person to apply
for the revocation of an order under paragraph 2 as soon as the order is
40
made.
      (2)
The regulations may in particular make provision as to—
(a)
who may make an application;
(b)
the persons who are to hear the application;

Armed Forces Bill
Schedule 11 — Detention etc of persons in overseas service hospitals
224

(c)
the procedure for hearing the application (including evidence);
(d)
the grounds on which the order may be revoked;
(e)
the functions of the persons hearing the application.
      (3)
Regulations under sub-paragraph (2)(e) may in particular confer on the
persons hearing the application—
5
(a)
power to confirm an order under paragraph 2;
(b)
power to revoke such an order and order the immediate release of
the person subject to the order.
Detention of resident patients in overseas service hospitals pending order under paragraph 2(3)
7     (1)
This paragraph applies if—
10
(a)
a registered medical practitioner determines that all the relevant
conditions are met in the case of a patient in an overseas service
hospital who is a person subject to service law or a civilian subject to
service discipline; or
(b)
a prescribed person determines that all the relevant conditions
15
appear to be met in the case of such a patient.
      (2)
The person making the determination must, as soon as practicable—
(a)
make a record of the determination and the reasons for it; and
(b)
make a request for an order under paragraph 2(3) to be made in
relation to the patient.
20
      (3)
The commanding officer of the service hospital may detain the patient at the
service hospital for the purpose of enabling such an order to be sought in
relation to him.
      (4)
But the patient may not be detained under this paragraph beyond—
(a)
the end of the detention period (see sub-paragraphs (5) to (7)); or
25
(b)
if sooner, the making of a determination whether or not to make such
an order in relation to him.
      (5)
If the person making the determination under sub-paragraph (1) is a
registered medical practitioner, the detention period is 24 hours beginning
with the time when the record required by sub-paragraph (2) was made.
30
      (6)
If that person is not a registered medical practitioner, the detention period
is—
(a)
6 hours beginning with that time; or
(b)
if before the end of that 6 hour period a registered medical
practitioner determines that all the relevant conditions are met in the
35
case of the patient, 24 hours beginning with that time.
      (7)
But if during that 6 hour period a registered medical practitioner determines
that one or more of the relevant conditions are not met in the case of the
patient—
(a)
the patient must be released immediately; and
40
(b)
the detention period ends with his release.
      (8)
The person making a determination under sub-paragraph (6)(b) must, as
soon as practicable, make a record of the determination and the reasons for
it.

Armed Forces Bill
Schedule 11 — Detention etc of persons in overseas service hospitals
225

      (9)
In this paragraph “prescribed person” means a person of a description
prescribed by regulations made by the Secretary of State.
Urgent removal from service living accommodation to overseas service hospital
8     (1)
This paragraph applies if a service policeman has reasonable grounds for
believing that—
5
(a)
there is in any service living accommodation outside the British
Islands a person (“the patient”) who is a person subject to service law
or a civilian subject to service discipline;
(b)
the patient is suffering from mental disorder;
(c)
the patient is in urgent need of care or control to prevent him causing
10
serious harm to himself or others; and
(d)
the urgent need to remove the patient to and detain him in a service
hospital makes it impracticable for an order under paragraph 2(3) to
be sought before removing and detaining him.
      (2)
The service policeman may—
15
(a)
enter the service living accommodation; and
(b)
remove the patient to an overseas service hospital.
      (3)
The service policeman must if reasonably practicable be accompanied by—
(a)
a registered medical practitioner, or
(b)
a person of a description prescribed by regulations made by the
20
Secretary of State,

who may assist the service policeman to exercise the power conferred on
him by sub-paragraph (2).
      (4)
The commanding officer of the service hospital to which the patient is
removed may detain him at the service hospital for the purpose of enabling
25
an order under paragraph 2(3) to be sought in relation to him.
      (5)
But the patient may not be detained under this paragraph beyond—
(a)
the end of the detention period (see sub-paragraphs (6) and (7)); or
(b)
if sooner, the making of a determination whether or not to make such
an order in relation to him.
30
      (6)
The detention period is—
(a)
6 hours beginning with his arrival at the service hospital; or
(b)
if before the end of that 6 hour period a registered medical
practitioner determines that all the relevant conditions are met in the
case of the patient, 24 hours beginning with that time.
35
      (7)
But if during that 6 hour period a registered medical practitioner determines
that one or more of the relevant conditions are not met in the case of the
patient—
(a)
the patient must be released immediately; and
(b)
the detention period ends with his release.
40
      (8)
The person making a determination under sub-paragraph (6)(b) must, as
soon as practicable, make a record of the determination and the reasons for
it.

Armed Forces Bill
Schedule 11 — Detention etc of persons in overseas service hospitals
226

Urgent removal from other places to overseas service hospital
9     (1)
This paragraph applies if a service policeman finds a person (“the patient”)
in a relevant place outside the British Islands and it appears to the service
policeman that—
(a)
the patient is a person subject to service law or a civilian subject to
5
service discipline;
(b)
the patient is suffering from mental disorder; and
(c)
the urgent need to remove the patient to and detain him in a service
hospital makes it impracticable for an order under paragraph 2(3) to
be sought before removing and detaining him.
10
      (2)
The service policeman may remove the patient to an overseas service
hospital.
      (3)
The commanding officer of the service hospital to which the patient is
removed may detain him at the service hospital for the purpose of enabling
an order under paragraph 2(3) to be sought in relation to him.
15
      (4)
But the patient may not be detained under this paragraph beyond—
(a)
the end of the detention period (see sub-paragraphs (5) and (6)); or
(b)
if sooner, the making of a determination whether or not to make such
an order in relation to him.
      (5)
The detention period is—
20
(a)
6 hours beginning with his arrival at the service hospital; or
(b)
if before the end of that 6 hour period a registered medical
practitioner determines that all the relevant conditions are met in the
case of the patient, 24 hours beginning with that time.
      (6)
But if during that 6 hour period a registered medical practitioner determines
25
that one or more of the relevant conditions are not met in the case of the
patient—
(a)
the patient must be released immediately; and
(b)
the detention period ends with his release.
      (7)
The person making a determination under sub-paragraph (5)(b) must, as
30
soon as practicable, make a record of the determination and the reasons for
it.
      (8)
In this paragraph “relevant place” means—
(a)
a place to which the public have access; or
(b)
any premises (within the meaning of Part 3) which are permanently
35
or temporarily occupied or controlled for the purposes of any of Her
Majesty’s forces but are not service living accommodation.
Use of force
10
Where a power is conferred on any person by virtue of this Schedule, he may
use reasonable force, if necessary, in the exercise of the power.
40
Service custody
11
While a person is being conveyed, removed or detained by virtue of any
provision of this Schedule, the person is deemed to be in service custody.

Armed Forces Bill
Schedule 12 — Amendments relating to reserve forces
227

Definitions
12    (1)
In this Schedule “overseas service hospital” means a service hospital outside
the British Islands.
      (2)
In this Schedule “service hospital” means—
(a)
a military, air-force or naval unit or establishment, or
5
(b)
a ship,

at or in which medical or surgical treatment is provided for persons subject
to service law.
      (3)
In this Schedule “service living accommodation” has the same meaning as in
Part 3 (see section 96).
10
Schedule 12
Section 351

Amendments relating to reserve forces
1
In section 15(1) of the Reserve Forces Act 1996 (c. 14) (discharge by
commanding officer) for the words “A commanding officer” to “his
command,” substitute “A man of a reserve force may be discharged by his
15
commanding officer”.
2
In section 98 of that Act (punishment etc of offences of desertion or absence
without leave) after subsection (6) insert—
“(7)
Orders or regulations under section 4 may include provision for
enabling a determination to be made in prescribed circumstances
20
that subsection (6) is to cease to have effect in relation to a period of
time or a part of a period of time.”
3
Omit section 99 of that Act (false pretence of illegal absence).
4
In section 107 of that Act (time for institution of proceedings)—
(a)
in subsection (1) omit the words from “either—” to the end of
25
paragraph (a);
(b)
after subsection (2) add—
“(3)
Subsection (2) applies to proceedings for an offence under
section 96(1) committed by a person liable to recall as it
applies to proceedings mentioned in subsection (1) of this
30
section.”
5
In section 127 of that Act (interpretation), after subsection (2) add—
“(3)
The officer who is the “commanding officer” of a person for the
purposes of any provision of this Act shall be determined by or
under regulations made by the Defence Council under this
35
subsection.”
6     (1)
Schedule 1 to that Act (enlistment) is amended as follows.
      (2)
For paragraph 2(1) substitute—
    “(1)
An enlisting officer shall not enlist a person under the age of 18
unless consent to the enlistment has been given in writing by—
40

Armed Forces Bill
Schedule 13 — Civilians subject to service discipline
Part 1 — Civilians subject to service discipline
228

(a)
an appropriate person; or
(b)
if the person offering to enlist is living with more than one
appropriate person, each of those appropriate persons.
     (1A)
In this paragraph “appropriate person” means, in relation to a
person offering to enlist, a person with—
5
(a)
parental responsibility (within the meaning of the
Children Act 1989 or the Children (Northern Ireland)
Order 1995) for him; or
(b)
parental responsibilities (within the meaning of section
1(3) of the Children (Scotland) Act 1995) in relation to
10
him.”
      (3)
In paragraph 2(2) for “appropriate minimum age” substitute “age of 18”.
      (4)
In paragraph 4(4) for “appropriate minimum age” substitute “age of 18”.
      (5)
In paragraph 5(1) omit the words “or recklessly”.
      (6)
Omit paragraph 7 and the heading before it.
15
Schedule 13
Section 360

Civilians subject to service discipline
Part 1
Civilians subject to service discipline
Persons in one of Her Majesty’s aircraft in flight
20
1     (1)
A person is within this paragraph if he is in one of Her Majesty’s aircraft in
flight.
      (2)
For the purposes of sub-paragraph (1) the period during which an aircraft is
in flight includes—
(a)
any period from the moment when power is applied for the purpose
25
of the aircraft taking off on a flight until the moment when the
landing run (if any) at the termination of that flight ends;
(b)
any period when the aircraft is on the surface of the sea or navigable
waters.
      (3)
In sub-paragraph (2)(a) a “flight” means a journey by air beginning when the
30
aircraft takes off and ending when it next lands.
      (4)
In this paragraph “Her Majesty’s aircraft” means all aircraft belonging to or
used for the purposes of any of Her Majesty’s forces.
Persons in one of Her Majesty’s ships afloat
2     (1)
A person is within this paragraph if he is in one of Her Majesty’s ships afloat.
35
      (2)
In this paragraph “Her Majesty’s ships” means all ships belonging to or used
for the purposes of any of Her Majesty’s forces.
      (3)
For the purposes of this paragraph “afloat” means not on shore.