Armed Forces Bill

House of Commons portcullis

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Armed Forces Bill

Armed Forces Bill
vi

Part 5
Investigation, Charging and Mode of Trial
Chapter 1
Investigation
Duties of commanding officers
113
CO to ensure service police aware of possibility serious offence committed
114
CO to ensure service police aware of certain circumstances
115
Duty of CO with respect to investigation of service offences
Duty of service policeman following investigation
116
Referral of case following investigation by service or civilian police
117
Section 116 : position where investigation is of multiple offences or offenders
Chapter 2
Charging and Mode of Trial
Powers of charging etc
118
Circumstances in which CO has power to charge etc
119
Power of CO to charge etc
120
Power of DSP to direct bringing of charge etc
121
Charges brought at direction of DSP
Powers of commanding officer or DSP after charge etc
122
Powers of CO after charge
123
CO to hear charge allocated for summary hearing
124
Powers of DSP in respect of charge allocated for Court Martial trial
125
Powers of DSP in respect of charge allocated for SCC trial
Chapter 3
Supplementary
126
Directions by DSP barring further proceedings
127
Regulations for purposes of Part 5

Armed Forces Bill
vii

Part 6
Summary Hearing and Appeals and Review
Chapter 1
Summary Hearing
Right to elect Court Martial trial
128
Right to elect Court Martial trial
129
Further consequences of election for Court Martial trial
Summary hearing
130
Summary hearing
Punishments available to commanding officer
131
Punishments available to commanding officer
132
Detention: limits on powers
133
Forfeiture of seniority: requirement for approval
134
Reduction in rank: limits on powers
135
Fine: maximum amount
136
Service compensation orders: maximum amount
137
Prohibited combinations of punishments
138
Savings for maximum penalties for offences
Chapter 2
The Summary Appeal Court
139
The Summary Appeal Court
140
Right of appeal
141
Constitution of the SAC for appeals
142
Officers and warrant officers qualified for membership of the SAC
143
Officers and warrant officers ineligible for membership in particular
circumstances
144
Open court
145
Hearing of appeals
146
Powers of the SAC
147
Effect of substituted punishment
148
Making of, and appeals from, decisions of the SAC
149
Privileges of witnesses and others
150
SAC rules
Chapter 3
Review of Summary Findings and Punishments
151
Review of summary findings and punishments

Armed Forces Bill
viii

Chapter 4
Summary Hearings etc Rules
152
Summary hearings etc rules
Part 7
Trial by Court Martial
Chapter 1
The Court Martial
153
The Court Martial
154
Constitution of the Court Martial
155
Officers and warrant officers qualified for membership of the Court Martial
156
Officers and warrant officers ineligible for membership in particular
circumstances
Chapter 2
Court Martial Proceedings
157
Open court
158
Rulings and directions
159
Decisions of Court Martial: finding and sentence
160
Power of Court Martial to convict of offence other than that charged
161
Privileges of witnesses and others
162
Court Martial rules
Chapter 3
Punishments Available to Court Martial
163
Punishments available to Court Martial
164
Sentencing powers of Court Martial where election for trial by that court
instead of CO
Chapter 4
Findings of Unfitness to Stand Trial and Insanity
165
Fitness to stand trial
166
Finding that defendant did the act or made the omission charged
167
Findings of insanity
168
Powers where person unfit to stand trial or not guilty by reason of insanity
169
Service supervision orders
170
Remission for trial
171
Provision supplementary to sections 165 and 167

Armed Forces Bill
ix

Part 8
Sentencing Powers and Mandatory etc Sentences
Chapter 1
Definition etc of Certain Sentences
Service supervision and punishment orders
172
Service supervision and punishment orders
173
Review of service supervision and punishment orders
Service compensation orders
174
Service compensation orders
175
Service compensation orders: appeals etc
176
Review of service compensation orders
Service community orders (civilians and dismissed servicemen only)
177
Service community orders
178
Periodic review etc of service community orders
179
Transfer of service community order to Scotland or Northern Ireland
180
Breach, revocation or amendment of service community order
Overseas community orders (civilians only)
181
Overseas community orders
182
Overseas community orders: modifications of 2003 Act
183
Breach, revocation or amendment of overseas community order
Conditional or absolute discharge (civilians only)
184
Conditional or absolute discharge
185
Commission of further offence by person conditionally discharged
186
Effect of discharge
Chapter 2
Consecutive Sentences
187
Consecutive custodial sentences
188
Consecutive sentences of service detention
Chapter 3
Suspended Sentence of Service Detention
189
Suspension of sentence of service detention
190
Activation by Court Martial of suspended sentence of service detention
191
Activation by Court Martial: appeals
192
Activation by CO of suspended sentence of service detention
193
Activation by CO: maximum term

Armed Forces Bill
x

194
Suspended sentences: powers of SAC
Chapter 4
Imprisonment for Term of Under 12 Months
Application of provisions in the 2003 Act
195
Term of sentence etc
Imprisonment with or without "custody plus" order
196
Imprisonment with or without a custody plus order
197
Transfer to Scotland or Northern Ireland of custody plus order
198
Revocation and amendment of custody plus orders
Suspended sentences of imprisonment
199
Suspended sentence orders with or without community requirements
200
Order without community requirements: provisions not applying
201
Order with community requirements: disapplication of certain provisions
202
Review of order with community requirements
203
Transfer to Scotland or Northern Ireland of order with community
requirements
204
Amendment of order with community requirements
205
Suspended sentence: further conviction or breach of community requirement
Supplementary
206
Definitions for purposes of Chapter
Chapter 5
Young Offenders: Custodial Sentences Available to Service Courts
Prohibition on imposing imprisonment on persons under 18
207
Prohibition on imposing imprisonment on persons under 18
Detention for certain serious offences
208
Offenders under 18 convicted of certain serious offences: power to detain for
specified period
209
Detention under section 208 : place of detention etc
Detention and training orders
210
Offenders under 18: detention and training orders
211
Term of detention and training order: general
212
Application of provisions relating to civilian detention and training orders
213
Offences during currency of detention and training order
214
Section 213 : definitions etc
215
Appeals against orders under section 213

Armed Forces Bill
xi

Chapter 6
Mandatory etc Custodial Sentences for Certain Offences
Mandatory sentences
216
Mandatory life imprisonment
217
Offenders who commit murder etc when under 18: mandatory detention at
Her Majesty’s pleasure
Required sentences
218
Dangerous offenders aged 18 or over
219
Certain violent or sexual offences: offenders aged 18 or over
220
Dangerous offenders aged under 18
221
Offenders aged under 18: certain violent or sexual offences
222
“The required opinion” for purposes of sections 218 to 221
223
Place of detention under certain sentences
224
Third drug trafficking offence
225
Third domestic burglary
226
Firearms offences
227
Appeals where previous convictions set aside
Chapter 7
Court Orders Other Than Sentences
Service restraining orders
228
Service restraining orders
229
Service restraining orders: supplementary
230
Service restraining orders: appeals
231
Service restraining orders: variation and revocation
Order for parent or guardian to enter into recognizance
232
Order for service parent or service guardian to enter into recognizance
233
Recognizances and fines under section 232 : further provision
234
Recognizances: appeals, variation and revocation
235
Forfeiture of recognizance
Part 9
Sentencing: Principles and Procedures
Chapter 1
Principles and Procedures applying to Service Courts and Summary Hearings
General sentencing principles
236
Duty to have regard to purposes of sentencing etc
237
Deciding the seriousness of an offence
238
Reduction in sentences for guilty pleas

Armed Forces Bill
xii

239
Increase in sentence for racial or religious aggravation
240
Increase in sentence for aggravation related to disability or sexual orientation
Service detention and custodial sentences
241
Service detention: general restriction
242
Length of term of service detention: general provision
243
Limit on combined term of sentences of service detention
244
Section 243 : supplementary
245
Crediting of time in service custody: terms of imprisonment and detention
246
Crediting of time in service custody: supplementary
Forfeiture of seniority and reduction in rank
247
Forfeiture of seniority and reduction in rank or disrating: general restriction
Financial punishments
248
Fixing of fines
249
Determination of service compensation order
250
Power to allow payment of fine or service compensation order by instalments
Reasons
251
Duty to give reasons and explain sentence
252
Duties in complying with section 251
Savings
253
Savings for powers to mitigate sentence etc
Chapter 2
Principles and Procedures applying to Service Courts Only
General
254
Individual sentence for each offence
255
Pre-sentence reports
256
Pre-sentence reports: supplementary
257
Mentally disordered offenders: requirement for medical report
258
Sentencing guidelines
Custodial sentences and service detention
259
Discretionary custodial sentences: general restrictions
260
Length of discretionary custodial sentences: general provision
261
Power to recommend licence conditions
262
Restriction on imposing custodial sentence or service detention on
unrepresented offender
263
Effect of duties to pass custodial sentences on other powers of punishment

© Parliamentary copyright 2005
Revised 1 December 2005