|
| |
|
(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— |
| |
| |
| |
(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 |
| |
| |
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— |
| |
| |
(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 |
| |
| |
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— |
| |
| |
(a) | references to a sentence of imprisonment include such a |
| |
sentence passed by a service court; |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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— |
| |
| |
(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 |
| |
| |
| 30 |
(b) | the words “so far as not inconsistent with them,” in |
| |
| |
(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 |
| |
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— |
| |
| 40 |
(a) | the licence relates to a sentence of imprisonment passed by a |
| |
| |
(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 |
|
| |
|
| |
|
| 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 |
| |
| 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 |
| |
| |
(b) | for the definitions of “service court” and “service disciplinary |
| 15 |
| |
| |
| |
(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 |
| |
(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 |
| |
| 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 |
| |
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 |
| |
| |
(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 Act 1976 (c. 52) |
| | | | | | | | | | | | | | | | | | 5 | | | In Schedule 9, paragraphs 3 to 8, 10, 11, 13, 14, |
| | | | | | | | | Armed Forces Act 1981 (c. 55) |
| | | | | | | | | | | | | 10 | | | | | | | | | | | | | | | | | | | | | | | | | 15 | | | In Part 1 of Schedule 3, paragraph 2. |
| | | | | In Schedule 4, paragraph 1. |
| | | | Armed Forces Act 1986 (c. 21) |
| | | | | Criminal Justice (International |
| | | | | Co-operation) Act 1990 (c. 5) |
| | | 20 | | Armed Forces Act 1991 (c. 62) |
| | | | | | | | | | | | | | | | | | | | | | | 25 | | | In Schedule 2, paragraphs 1, 2, 4 to 7, 10 and 11. |
| | | | Reserve Forces Act 1996 (c. 14) |
| | | | | | | | | | | | | | | | In section 107(1), the words from “either—” to |
| | 30 | | | the end of paragraph (a). |
| | | | | | | | | | | | | | | (a) | in paragraph 5(1), the words “or |
| | | | | | | 35 | | | (b) | paragraph 7 and the heading before it. |
| | | | | | | | | 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) |
| | | 40 | | | | | | | | | | | | | Section 17(3), (5) and (6). |
| | | | | | | | | | | | 45 | | | | | | | | In Schedule 1, paragraphs 1 to 64, 66 to 99, 102 |
| | | | | | | | | | | | | | | | | 50 | | | In Schedule 6, paragraphs 2 to 13. |
| | | | Crime (Sentences) Act 1997 |
| In section 34(2), the word “and” at the end of |
| | | | | | | |
|
|
| |