Armed Forces Bill

House of Commons

Session 2005 - 06
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Armed Forces Bill

Armed Forces Bill
Schedule 13 — Civilians subject to service discipline
Part 1 — Civilians subject to service discipline
229

Persons in service custody etc
3     (1)
A person is within this paragraph if—
(a)
he is in service custody; and
(b)
his being in service custody is lawful by virtue of any provision of or
made under this Act.
5
      (2)
A person is also within this paragraph if he is in the course of being arrested,
or of having an attempted arrest made of him, by a person who has a duty
under service law to apprehend him.
Crown servants in designated area working in support of Her Majesty’s forces
4     (1)
A person is within this paragraph (subject to paragraph 11) if—
10
(a)
he is a Crown servant;
(b)
his sole or main role is to work in support of any of Her Majesty’s
forces; and
(c)
he is in a designated area.
      (2)
In this paragraph “Crown servant” means a person employed by or in the
15
service of the Government of the United Kingdom.
Persons working for specified military organisations
5     (1)
A person is within this paragraph (subject to paragraph 11) if—
(a)
he is employed by or in the service of a specified naval, military or
air-force organisation of which the United Kingdom is a member;
20
(b)
he is so employed by reason of the United Kingdom’s membership
of that organisation; and
(c)
he is outside the British Islands.
      (2)
In this paragraph “specified” means specified by order of the Secretary of
State under this paragraph.
25
Persons in designated area who are members or employees of other specified organisations
6     (1)
A person is within this paragraph (subject to paragraph 11) if—
(a)
he belongs to or is employed by a specified organisation; and
(b)
he is in a designated area.
      (2)
In this paragraph “specified organisation” means an organisation which—
30
(a)
does not fall within paragraph 5; and
(b)
is specified by order of the Secretary of State under this paragraph.
Persons designated by or on behalf of Defence Council
7     (1)
A person is within this paragraph (subject to paragraph 11) if—
(a)
he is designated for the purposes of this paragraph by or on behalf of
35
the Defence Council or by an officer authorised by the Defence
Council; and
(b)
he is outside the British Islands.

Armed Forces Bill
Schedule 13 — Civilians subject to service discipline
Part 1 — Civilians subject to service discipline
230

      (2)
A person may be designated for the purposes of this paragraph only if it
appears to the Defence Council or the authorised officer that it is desirable
to do so—
(a)
in the interests of the person;
(b)
for the protection of other persons (whether or not members of any
5
of Her Majesty’s forces); or
(c)
for the purpose of maintaining good order and discipline.
      (3)
In deciding whether to designate a person for the purposes of this
paragraph, the Defence Council or the authorised officer must have regard
in particular to—
10
(a)
the characteristics of the justice system (if any) in any country or
territory where the person is or is likely to be;
(b)
the terms of any treaty, agreement or arrangement relating to the
legal status, or the treatment, of visiting forces to which the United
Kingdom and any such country or territory are parties;
15
(c)
the likelihood of the person’s being subject to the law applicable to
the armed forces of any country or territory outside the British
Islands.
      (4)
A designation under this paragraph—
(a)
may designate persons by name or by description;
20
(b)
may provide, in relation to any person designated by it, that it
applies to him only for a specified period or in specified
circumstances;
(c)
may be withdrawn by any person entitled to make designations
under this paragraph.
25
      (5)
In sub-paragraph (4) “specified” means specified by the designation.
Persons residing or staying with person subject to service law in designated area
8
A person is within this paragraph (subject to paragraph 11) if—
(a)
he resides or is staying with a person subject to service law in a
designated area; and
30
(b)
he is in that designated area.
Persons residing or staying with person falling within paragraph 4 or 6 in designated area
9     (1)
A person is within this paragraph (subject to paragraph 11) if—
(a)
he resides or is staying with a relevant person in a designated area;
and
35
(b)
he is in that designated area.
      (2)
In this paragraph a “relevant person” means a person who—
(a)
falls within paragraph 4 or 6; or
(b)
would fall within paragraph 4 or 6, but for paragraph 11 or his not
being in a designated area.
40
Persons residing or staying with person falling within paragraph 5
10    (1)
A person is within this paragraph (subject to paragraph 11) if—
(a)
he resides or is staying with a relevant person outside the British
Islands; and

Armed Forces Bill
Schedule 13 — Civilians subject to service discipline
Part 2 — Exclusion and definitions
231

(b)
he is outside the British Islands.
      (2)
In this paragraph a “relevant person” means a person who—
(a)
falls within paragraph 5; or
(b)
would fall within paragraph 5, but for paragraph 11 or his being in
the British Islands.
5
Part 2
Exclusion and definitions
Exclusion
11    (1)
A person who is not a United Kingdom national is not within any of
paragraphs 4 to 10 at any time when he is in a country—
10
(a)
of which he is a national; or
(b)
in which he is ordinarily resident.
      (2)
In this paragraph a “United Kingdom national” means an individual who
is—
(a)
a British citizen, a British overseas territories citizen, a British
15
National (Overseas) or a British Overseas citizen;
(b)
a person who under the British Nationality Act 1981 (c. 61) is a
British subject; or
(c)
a British protected person within the meaning of that Act.
      (3)
In determining for the purposes of this paragraph whether a person is
20
ordinarily resident in a country, no account shall be taken of any period
during which he has been or intends to be present there while falling (apart
from this paragraph) within any of paragraphs 4 to 10.
Definitions
12    (1)
In this Schedule “designated area” means an area which—
25
(a)
is outside the British Islands; and
(b)
is designated for the purposes of this Schedule by an order made by
the Secretary of State.
      (2)
An area designated for the purposes of this Schedule may consist of two or
more areas (whether or not contiguous).
30
13
In this Schedule references to a person residing or staying with another
person include references to the person—
(a)
being about to reside or stay with the other person; and
(b)
departing after residing or staying with him.

Armed Forces Bill
Schedule 14 — Minor and consequential amendments
232

Schedule 14
Section 368

Minor and consequential amendments
Visiting Forces (British Commonwealth) Act 1933 (c. 6)
1     (1)
Section 4(3) of the Visiting Forces (British Commonwealth) Act 1933
(attached personnel) is amended as follows.
5
      (2)
For the words before the proviso substitute—
“(3)
While a member of another force is by virtue of this section attached
temporarily to a home force—
(a)
he is subject to service law for the purposes of the Armed
Forces Act 2006 at all times at which he would be so subject if
10
he were a member of that force; and
(b)
he shall be treated as if he were a member of the home force
of relative rank:”.
      (3)
In the proviso, for the words from “the Naval Discipline Act” to “as the case
may be,” substitute “the Armed Forces Act 2006”.
15
Courts-Martial (Appeals) Act 1951 (c. 46)
2
In section 29 of the Courts-Martial (Appeal) Act 1951 (appointment of Judge
Advocate General) for “His Majesty’s regular, auxiliary and reserve land
and air forces” substitute “Her Majesty’s regular and reserve naval, land and
air forces”.
20
Prison Act 1952 (c. 52)
3
In section 43 of the Prison Act 1952 (young offender institutions etc), after
subsection (7) add—
“(8)
The application of this Act to a person on whom a custodial sentence
(within the meaning of the Armed Forces Act 2006) has been passed
25
in respect of a service offence (within the meaning of that Act) is not
affected by the omission from subsection (1) of a reference to that
sentence.”
Administration of Justice Act 1960 (c. 65)
4     (1)
Section 13 of the Administration of Justice Act 1960 (appeal in cases of
30
contempt of court) is amended as follows.
      (2)
In subsection (2)(c) for “and from an order or decision of the Court of
Criminal Appeal or the Courts-Martial Appeal Court” substitute “and from
an order or decision (whether or not made in England and Wales) of the
Court Martial Appeal Court”.
35
      (3)
In subsection (5), after paragraph (c) insert—
“(d)
to an order or decision (whether or not made in England and
Wales) of the Court Martial, the Summary Appeal Court or
the Service Civilian Court under section 307 of the Armed
Forces Act 2006,”.
40

Armed Forces Bill
Schedule 14 — Minor and consequential amendments
233

Criminal Justice Act 1982 (c. 48)
5     (1)
Section 32 of the Criminal Justice Act 1982 (early release of prisoners) is
amended as follows.
      (2)
In subsection (1) at the end of paragraph (b) add “or
(c)
imprisonment to which they were sentenced for an offence
5
under section 42 of the Armed Forces Act 2006 (criminal
conduct) as respects which the corresponding offence under
the law of England and Wales (within the meaning of that
section) is—
(i)
an excluded offence;
10
(ii)
an attempt to commit an excluded offence;
(iii)
conspiracy to commit an excluded offence; or
(iv)
aiding or abetting, counselling, procuring or inciting
the commission of an excluded offence,”.
      (3)
After that subsection insert—
15
“(1A)
The reference in subsection (1)(a) to sentences of imprisonment for
public protection under section 225 of the Criminal Justice Act 2003
and to extended sentences under 227 of that Act includes such
sentences passed as a result of section 218 or 219 of the Armed Forces
Act 2006.”
20
      (4)
After subsection (2) insert—
“(2A)
For the purposes of subsection (1)(c)(ii) to (iv), section 48 of the
Armed Forces Act 2006 has effect as if the reference in subsection
(3)(b) of that section to that Act were a reference to this section.”
      (5)
In subsection (3)(b) after “(iv)” insert “or (1)(c)”.
25
Mental Health Act 1983 (c. 20)
6     (1)
Section 47 of the Mental Health Act 1983 (removal to hospital of prisoners
etc) is amended as follows.
      (2)
In subsection (5)(a)—
(a)
after “proceedings” insert “or service disciplinary proceedings”;
30
(b)
after “trial” insert “or a sentence of service detention within the
meaning of the Armed Forces Act 2006”.
      (3)
After subsection (5) add—
“(6)
In subsection (5)(a) “service disciplinary proceedings” means
proceedings in respect of a service offence within the meaning of the
35
Armed Forces Act 2006.”
Debtors (Scotland) Act 1987 (c. 18)
7
In section 73(3)(b) of the Debtors (Scotland) Act 1987, for the words from
“section 203” to “Council” substitute “section 349 of the Armed Forces Act
2006”.
40

Armed Forces Bill
Schedule 14 — Minor and consequential amendments
234

Coroners Act 1988 (c. 13)
8
In section 8 of the Coroners Act 1988 (duty to hold inquest) after subsection
(6) add—
“(7)
This section applies in relation to service custody premises (within
the meaning of section 298 of the Armed Forces Act 2006) and
5
persons detained in such premises as it applies in relation to prisons
and prisoners.”
9
In section 19 of that Act (post-mortem examination without inquest) in
subsection (4)(b) after “prison” insert “or in service custody premises (within
the meaning of section 298 of the Armed Forces Act 2006),”.
10
Crime (Sentences) Act 1997 (c. 43)
10
In section 31A(5) of the Crime (Sentences) Act 1997 (termination of licences
of persons serving preventive sentences), in the definition of “preventive
sentence”, at the end insert “(including such a sentence of imprisonment or
detention passed as a result of section 218 or 220 of the Armed Forces Act
15
2006)”.
11
In section 34(2) of that Act (meaning of “life sentence” for purposes of
Chapter 2 of Part 2 of that Act)—
(a)
in paragraph (d) at the end insert “(including one passed as a result
of section 218 of the Armed Forces Act 2006)”;
20
(b)
in paragraph (e) at the end insert “(including one passed as a result
of section 220 of the Armed Forces Act 2006)”;
(c)
after that paragraph add—
“(f)
a sentence of detention for life under section 208 of the
Armed Forces Act 2006;
25
(g)
a sentence under section 217 of that Act (detention at
Her Majesty’s pleasure).”
12
In Schedule 1 to that Act (transfer of prisoners within the British Islands), in
paragraph 20(1) (interpretation)—
(a)
before the definition of “prison” insert—
30
“detention and training order” includes an order under
section 210 of the Armed Forces Act 2006;”;
(b)
in the definition of “sentence of imprisonment”, after “detention”
insert “(except a sentence of service detention within the meaning of
the Armed Forces Act 2006)”.
35
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
13    (1)
Section 106A of the Powers of Criminal Courts (Sentencing) Act 2000 (which
relates to the interaction of detention and training orders with sentences of
detention, and is modified by section 212 of this Act) is amended as follows.
      (2)
In subsection (1) (definitions)—
40
(a)
in paragraph (a) of the definition of “sentence of detention”, after
“above” insert “or section 208 of the Armed Forces Act 2006”; and
(b)
after that definition insert “and references in this section to a
sentence of detention under section 228 of the 2003 Act include such

Armed Forces Bill
Schedule 14 — Minor and consequential amendments
235

a sentence passed as a result of section 221 of the Armed Forces Act
2006.”
      (3)
In subsection (8) (provisions for the purposes of which a person subject to a
sentence of detention and a detention and training order is to be treated as
subject only to the sentence of detention)—
5
(a)
in paragraph (b), for “and section 235” to the end substitute “, section
235 of the 2003 Act and section 209 of the Armed Forces Act 2006
(place of detention etc),”;
(b)
at the end of paragraph (c) add “, and
(d)
section 213 of the Armed Forces Act 2006 (offences
10
committed during a detention and training order
under that Act).”
Criminal Justice and Court Services Act 2000 (c. 43)
14
After section 5 of the Criminal Justice and Court Services Act 2000 insert—
“5A
Local probation boards and service justice
15
(1)
A local probation board may, in pursuance of arrangements made
with the Secretary of State, carry out activities anywhere in the world
in relation to persons who are or have been subject to proceedings
before service courts.
(2)
Any activities carried out in relation to such persons must
20
correspond to activities which the board is required or authorised to
carry out in relation to persons who have been charged with or
convicted of criminal offences.
(3)
In this section “service court” means—
(a)
a court-martial constituted under the Army Act 1955
25
(3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)
or the Naval Discipline Act 1957 (c. 53);
(b)
a summary appeal court constituted under section 83ZA of
the Army Act 1955, section 83ZA of the Air Force Act 1955 or
section 52FF of the Naval Discipline Act 1957; or
30
(c)
a Standing Civilian Court.”
15
In section 62(5) of that Act (meaning of “sentence of imprisonment” for
purposes of section 62)—
(a)
in paragraph (f) at the end insert “(including one passed as a result
of section 220 or 221 of the Armed Forces Act 2006)”;
35
(b)
after that paragraph insert—
“(g)
a sentence of detention under section 208 or 217 of the
Armed Forces Act 2006, and
(h)
an order under section 210 of that Act,”.
16
In section 64(5) of that Act (meaning of “sentence of imprisonment” for
40
purposes of section 64)—
(a)
in paragraph (f) at the end insert “(including one passed as a result
of section 220 or 221 of the Armed Forces Act 2006)”;
(b)
after that paragraph insert—
“(g)
a sentence of detention under section 208 or 217 of the
45
Armed Forces Act 2006, and