Armed Forces Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Armed Forces Bill

Armed Forces Bill
Schedule 14 — Minor and consequential amendments
236

(h)
an order under section 210 of that Act,”.
International Criminal Court Act 2001 (c. 17)
17
In section 32(6) of the International Criminal Court Act 2001 (meaning of
“prisoner” in that section) for “detention” substitute “service detention
(within the meaning of the Armed Forces Act 2006)”.
5
18
In section 75 of that Act (meaning of “national court” and “service court” in
that Act) for the definition of “service court” substitute—
““service court” means—
(a)
the Court Martial;
(b)
the Service Civilian Court;
10
(c)
the Court Martial Appeal Court; or
(d)
the Supreme Court on an appeal brought from the
Court Martial Appeal Court.”
19
In Part 1 of Schedule 2 to that Act (delivery up of persons subject to criminal
proceedings etc), in paragraph 5(5)(b) (meaning of “prisoner” in paragraph
15
5) for “detention” substitute “service detention (within the meaning of the
Armed Forces Act 2006)”.
Criminal Justice Act 2003 (c. 44)
20
In section 143(4) of the Criminal Justice Act 2003 (meaning of “previous
conviction”), for paragraph (b) substitute—
20
“(b)
a previous conviction of a service offence within the meaning
of the Armed Forces Act 2006 (“conviction” here including
anything that under section 366(1) and (2) of that Act is to be
treated as a conviction).”
21    (1)
Section 151 of that Act (community order for persistent offender previously
25
fined) is amended as follows.
      (2)
In subsection (4) for the words from “the finding of guilt” to the end
substitute “conviction in service disciplinary proceedings”.
      (3)
In subsection (5) after “compensation order” insert “, or a service
compensation order awarded in service disciplinary proceedings,”.
30
      (4)
After subsection (7) add—
“(8)
In this section—
(a)
“service disciplinary proceedings” means proceedings
(whether or not before a court) in respect of a service offence
within the meaning of the Armed Forces Act 2006; and
35
(b)
any reference to conviction or sentence, in the context of
service disciplinary proceedings, includes anything that
under section 366(1) to (3) of that Act is to be treated as a
conviction or sentence.”
22
In section 237 of that Act (meaning of “fixed-term prisoner”), at the end of
40
the title insert “etc” and after subsection (1) insert—
“(1A)
In this Chapter—
(a)
references to a sentence of imprisonment include such a
sentence passed by a service court;

Armed Forces Bill
Schedule 14 — Minor and consequential amendments
237

(b)
references to a sentence of detention under section 91 of the
Sentencing Act include a sentence of detention under section
208 of the Armed Forces Act 2006;
(c)
references to a sentence under section 227 of this Act include
a sentence under that section passed as a result of section 219
5
of the Armed Forces Act 2006; and
(d)
references to a sentence under section 228 of this Act include
a sentence under that section passed as a result of section 221
of that Act.
(1B)
Nothing in subsection (1A) has the effect that section 240 or 265
10
(provision equivalent to which is made by the Armed Forces Act
2006) applies to a service court.”
23
In section 241 of that Act (effect of direction under section 240 on release on
licence), after subsection (1) insert—
“(1A)
In subsection (1) the reference to a direction under section 240
15
includes a direction under section 245 of the Armed Forces Act 2006.”
24
In section 246 of that Act (disapplication of power to release prisoners on
licence early), after subsection (4) insert—
“(4A)
In subsection (4)—
(a)
the reference in paragraph (d) to a community order includes
20
a service community order or overseas community order
under the Armed Forces Act 2006; and
(b)
the reference in paragraph (i) to a direction under section 240
includes a direction under section 245 of that Act.”
25
In section 250 of that Act (licence conditions) after subsection (2) insert—
25
“(2A)
If the sentence (or, if more than one, each sentence) that the prisoner
is serving is one in relation to which no custody plus or intermittent
custody order is in force, subsection (2) has effect as if there were
omitted—
(a)
paragraph (a)(i);
30
(b)
the words “so far as not inconsistent with them,” in
paragraph (a)(ii); and
(c)
the words from “and which” in paragraph (b)(i).”
26
In section 251(3) of that Act (licence conditions on re-release of prisoner
serving sentence of less than 12 months) after “relevant court order” add “(if
35
any)”.
27    (1)
Section 252 of that Act (duty to comply with licence conditions) is
renumbered as subsection (1) of that section.
      (2)
After that subsection insert—
“(2)
But where—
40
(a)
the licence relates to a sentence of imprisonment passed by a
service court,
(b)
no custody plus order was made in relation to the sentence,
or such an order was made but subsequently revoked, and
(c)
the person is residing outside the British Islands,
45

Armed Forces Bill
Schedule 14 — Minor and consequential amendments
238


the conditions specified in the licence apply to him only so far as it is
practicable for him to comply with them where he is residing.”
28
In section 260 of that Act (disapplication of power to remove prisoner liable
to removal from UK), after subsection (3) insert—
“(3A)
In subsection (3)(e) the reference to a direction under section 240
5
includes a direction under section 245 of the Armed Forces Act 2006.”
29
In section 263(1)(a) of that Act (concurrent terms), omit “by any court”.
30
In section 268 of that Act (interpretation of Chapter 6 of Part 12), in the
definition of “fixed-term prisoner” after “237(1)” insert “(as extended by
section 237(1A))”.
10
31
In section 305(1) of that Act (interpretation of Part 12)—
(a)
at the end of the definition of “court” insert “, but this does not apply
where a contrary intention appears from any provision of the Armed
Forces Act 2006;”; and
(b)
for the definitions of “service court” and “service disciplinary
15
proceedings” substitute—
““service court” means—
(a)
the Court Martial;
(b)
the Summary Appeal Court;
(c)
the Service Civilian Court;
20
(d)
the Court Martial Appeal Court; or
(e)
the Supreme Court on an appeal brought from
the Court Martial Appeal Court;”.
32
In section 329 of that Act (civil proceedings for trespass to the person
brought by offender), for subsection (7) substitute—
25
“(7)
Where—
(a)
a person is convicted of an offence under section 42 of the
Armed Forces Act 2006 (criminal conduct), and
(b)
the corresponding offence under the law of England and
Wales (within the meaning given by that section) is an
30
imprisonable offence,

he is to be treated for the purposes of this section as having been
convicted in the United Kingdom of that corresponding offence; and
in paragraph (a) the reference to conviction includes anything that
under section 366(1) and (2) of that Act is to be treated as a
35
conviction.”
33
In Schedule 7 to that Act (modifications for armed forces of provisions about
hearsay evidence), for paragraph 2(2) substitute—
    “(2)
In section 116(2) for paragraph (c) substitute—
“(c)
that either of the following applies—
40
(i)
the court is sitting neither in the United Kingdom nor
in a British overseas territory and it is not reasonably
practicable to secure the attendance of the relevant
person; or
(ii)
the court is sitting in the United Kingdom or a British
45
overseas territory but the relevant person is outside
the United Kingdom or outside that territory (as the

Armed Forces Bill
Schedule 15 — Repeals
239

case may be) and it is not reasonably practicable to
secure his attendance.”
Crime (International Co-operation) Act 2003 (c. 47)
34
In section 47(9) of the Crime (International Co-operation) Act 2003 (transfer
of UK prisoner to assist investigation abroad) for “(3A)” substitute “(4)”.
5
Schedule 15
Section 368

Repeals

Short title and chapter
Extent of repeal

Coastguard Act 1925 (c. 88)
Section 2.

Colonial Naval Defence Act
The whole Act.

10

1931 (c. 9)

Naval Forces (Enforcement of
The whole Act.

Maintenance Liabilities) Act

1947 (c. 24)

Army and Air Force (Women’s
The whole Act.

15

Service) Act 1948 (c. 21)

Colonial Naval Defence Act
The whole Act.

1949 (c. 18)

Courts-Martial (Appeals) Act
Section 28.

1951 (c. 46)

20

Emergency Laws
Section 10.

(Miscellaneous Provisions)

Act 1953 (c. 47)

Army Act 1955 (3 & 4 Eliz. 2
The whole Act.

c. 18)

25

Air Force Act 1955 (3 & 4 Eliz. 2
The whole Act.

c. 19)

Revision of the Army and Air
Sections 1 and 2.

Force Acts (Transitional
Schedule 1.

Naval Discipline Act 1957
The whole Act.

30

(c. 53)

Army and Air Force Act 1961
The whole Act.

(c. 52)

Armed Forces Act 1966 (c. 45)
The whole Act.

Criminal Justice Act 1967 (c. 80)
Sections 11 and 12.

35

In section 89(1), the words from “or in

proceedings” to “Air Force Act 1955”.

Courts-Martial (Appeals) Act
Section 4(2).

1968 (c. 20)
Section 8(1A) to (4).

Section 10.

40

Armed Forces Bill
Schedule 15 — Repeals
240

Short title and chapter
Extent of repeal

Courts-Martial (Appeals) Act
In section 11(1), the words “the Judge Advocate

1968 (c. 20)—cont.
of Her Majesty’s Fleet or”.

Section 15.

Section 16(6).

5

Section 17(2).

Sections 17A and 18.

In section 20, subsection (5) and in subsection

(6) the words from “of this Act” to the end.

In section 21(1), the words from “; and in

10

relation to” to the end.

Section 23.

Section 24(2).

In section 25B(2), the words “under the Mental

Health Act 1983”.

15

Section 26.

Section 29(2).

In section 34, in subsection (1)(a) the words “the

Judge Advocate of Her Majesty’s Fleet or”,

and subsection (3).

20

In section 36(1), the words “under this Part of

this Act”, paragraph (a) and in paragraph (g)

the words from “and the power” to the end.

Section 46.

In section 57, in subsection (1) the definitions

25

of—

(a)
“the Air Force Act”;

(b)
“air force court-martial”;

(c)
“the Army Act”;

(d)
“army court-martial”;

30

(e)
“court-martial”;

(f)
“duly approved”;

(g)
“judicial officer”;

(h)
“the Naval Discipline Act”;

(i)
“naval court-martial”;

35

(j)
“restriction order”;

(k)
“supervision order”;

and in the definition of “appellant” the words

“has been tried by court-martial and”, and

subsections (2) to (2B).

40

Section 58.

Schedules 3 and 4.

Armed Forces Act 1971 (c. 33)
Sections 2 to 25.

Sections 27 to 48.

Section 49(1) and (2).

45

Sections 50 to 68.

Sections 70 to 72.

Section 73(3).

Section 74.

Section 76.

50

Section 77(2).

Schedule 1.

In Schedule 2, paragraphs 1(2) to (5), 2 and 3.

In Schedule 3, paragraphs 4, 5 and 7.

Armed Forces Bill
Schedule 15 — Repeals
241

Short title and chapter
Extent of repeal

Armed Forces Act 1976 (c. 52)
Sections 2 to 4.

Sections 6 to 16.

Sections 18 and 19.

Schedules 1 to 8.

5

In Schedule 9, paragraphs 3 to 8, 10, 11, 13, 14,

16 and 17.

Armed Forces Act 1981 (c. 55)
Sections 2 to 8.

Sections 10 and 11.

Section 13.

10

Sections 15 to 19.

Section 21.

Section 23.

Section 27.

Schedules 1 and 2.

15

In Part 1 of Schedule 3, paragraph 2.

In Schedule 4, paragraph 1.

Armed Forces Act 1986 (c. 21)
The whole Act.

Criminal Justice (International
Section 5(3A).

Co-operation) Act 1990 (c. 5)

20

Armed Forces Act 1991 (c. 62)
Sections 2 to 15.

Section 16(1) and (2).

Section 24(1) to (3).

Section 25.

Schedule 1.

25

In Schedule 2, paragraphs 1, 2, 4 to 7, 10 and 11.

Reserve Forces Act 1996 (c. 14)
Section 9(5).

Section 99.

Section 103.

In section 107(1), the words from “either—” to

30

the end of paragraph (a).

Section 123.

In Schedule 1—

(a)
in paragraph 5(1), the words “or

recklessly”;

35

(b)
paragraph 7 and the heading before it.

Criminal Procedure and
Section 74(2) and (3).

Investigations Act 1996 (c. 25)
In section 78, in subsection (1) the words “and to

section 74(2) and (3)”, and subsection (6).

Armed Forces Act 1996 (c. 46)
Sections 2 to 4.

40

Sections 9 to 12.

Sections 15 and 16.

Section 17(3), (5) and (6).

Section 20.

Section 32.

45

Section 34.

In Schedule 1, paragraphs 1 to 64, 66 to 99, 102

and 103.

Schedule 3.

Schedule 5.

50

In Schedule 6, paragraphs 2 to 13.

Crime (Sentences) Act 1997
In section 34(2), the word “and” at the end of

(c. 43)
paragraph (d).

Armed Forces Bill
Schedule 15 — Repeals
242

Short title and chapter
Extent of repeal

Armed Forces Discipline Act
Sections 1 to 8.

2000 (c. 4)
Section 9(1) to (3).

Sections 10 to 26.

Schedules 1 to 3.

5

Criminal Justice and Court
In section 62(5), the word “and” at the end of

Services Act 2000 (c. 43)
paragraph (e).

In section 64(5), the word “and” immediately

before paragraph (f).

Armed Forces Act 2001 (c. 19)
Sections 1 to 12.

10

Sections 14 to 22.

Sections 24 and 25.

Section 29.

Sections 31 to 33.

Section 37.

15

Schedules 1 to 5.

In Schedule 6, paragraphs 14 to 25 and 33 to 56.

Criminal Justice Act 2003 (c. 44)
In section 263(1)(a), the words “by any court”.