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Mr Don Touhig
87
*Schedule 14, page 234, line 10, at end insert—
| 9A | | In the Criminal Justice Act 1988, omit section 50 (suspended sentences on certain civilians in service courts). |
| 9B | | In section 146 of that Act (evidence before service courts)— |
(a) in the sidenote, for "courts-martial etc" substitute "certain service courts"; and
(b) for "courts-martial, the Courts-Martial Appeal Court and Standing Civilian Courts" substitute "certain service courts".
| 9C | | In section 172 of that Act (extent), for subsections (7) to (9) substitute— |
"(7) Nothing in subsection (1) above affects the extent of section 146 or Schedule 13."
| 9D | (1) | Schedule 13 to that Act (evidence before service courts) is amended as follows. |
| (2) | In the title for "courts-martial etc" substitute "service courts". |
(a) in the definition of "procedural instruments", for paragraphs (a) to (d) substitute—
| "(a) | Court Martial rules within the meaning of the Armed Forces Act 2006; |
| (b) | SCC rules within the meaning of that Act; and |
| (c) | rules under section 49 of the Court Martial Appeals Act 1968;"; |
(b) in the definition of "Service courts", for paragraphs (a) to (d) substitute—
| (b) | the Service Civilian Court; and |
| (c) | the Court Martial Appeal Court." |
| (4) | Omit paragraphs 7, 9 and 10. |
| 9E | | In section 183 of the Road Traffic Act 1988 (application to the Crown), in subsection (6) for the words from "subject to" to "air force law" substitute "subject to service law (within the meaning of the Armed Forces Act 2006)". |
| 9F | (1) | Section 184 of that Act (application of sections 5 to 10 to persons subject to service discipline) is amended as follows. |
(a) in the words before paragraph (a) for "persons subject to service discipline" substitute "persons subject to service law and civilians subject to service discipline";
(b) in paragraph (a) for "the corresponding service offence" substitute "an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales is that offence";
(c) in paragraph (b) for "naval, military or air force authority" substitute "officer";
| (i) | for "persons subject to service discipline" substitute "persons subject to service law or civilians subject to service discipline"; |
| (ii) | omit "and" at the end of the paragraph; |
(e) in paragraph (f) for "the corresponding service offence" substitute "an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales is a traffic offence within the meaning of section 6";
(f) after that paragraph add—
| "(g) | in section 6E the reference to any place were a reference to— |
| (i) | service living accommodation (as defined by section 96 of the Armed Forces Act 2006); or |
| (ii) | premises occupied as a residence (alone or with other persons) by a person subject to service law, a civilian subject to service discipline, the person on whom the requirement is to be imposed or the person to be arrested." |
| (3) | In subsection (2), for the words from "a person" to "without warrant" substitute "without warrant a person who is subject to service law or is a civilian subject to service discipline". |
| (4) | For subsection (3) substitute— |
"(3) In this section—
"civilian subject to service discipline" has the same meaning as in the Armed Forces Act 2006;
"corresponding offence under the law of England and Wales", in relation to an offence under section 42 of that Act, has the meaning given by that section;
"member of the provost staff" means—
| (a) | anyone who is, or by reason of section 365(5) of that Act is to be treated as, a service policeman for the purposes of that Act; or |
| (b) | a person lawfully exercising authority on behalf of a provost officer (within the meaning of that Act); |
"subject to service law" has the same meaning as in that Act."
| 9G | | In Article 66 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (codes of practice - supplementary), for paragraph 11 substitute— |
| 9H | | In Article 70 of that Order (interpretation of Part IX (evidence in criminal proceedings - general))— |
(a) in paragraph (1), in the definition of "Service court" for "a court-martial or a Standing Civilian Court" substitute "the Court Martial or the Service Civilian Court";
| 9I | | In Article 73(3) of that Order (supplementary provision about conviction as evidence of commission of offence), before sub-paragraph (b) insert— |
| "(aa) | section 186 of the Armed Forces Act 2006 (which makes similar provision in respect of service convictions);". |
| 9J | | In section 119(1) of the Courts and Legal Services Act 1990 (interpretation), in the definition of "court"— |
(a) in paragraph (a), at the end insert "and";
| 9K | | In section 24 of the Armed Forces Act 1991 (extent etc) for subsections (4) and (5) substitute— |
"(4) Section 373 of the Armed Forces Act 2006 applies in relation to Part 3 of this Act as it applies in relation to that Act."
| 9L | (1) | Schedule 1 to the Local Government Finance Act 1992 (persons disregarded for purposes of discount) is amended as follows. |
(a) in sub-paragraph (1)(a) for "of a court" substitute "or award";
(b) for sub-paragraph (2) substitute—
"(2) This sub-paragraph applies to—
(a) an order of a court in the United Kingdom;
(b) an order or award (whether or not of a court) made (anywhere) in proceedings in respect of a service offence within the meaning of the Armed Forces Act 2006.";
(c) in sub-paragraph (3), omit "or" at the end of paragraph (a) and after that paragraph insert—
"(aa) is temporarily released under rules under section 298 of the Armed Forces Act 2006; or";
(d) in sub-paragraph (6)(a) for the words from "imprisoned" to the end substitute "in service custody; and".
| (3) | In paragraph 6(2)(b) for the words from "subject to" to the end substitute "subject to service law within the meaning of the Armed Forces Act 2006." |
| 9M | | In section 2 of the Sexual Offences (Amendment) Act 1992 (offences to which the Act applies), for subsection (4) substitute— |
"(4) This Act applies to an offence under section 42 of the Armed Forces Act 2006 if the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence within a paragraph of subsection (1) above."
| 9N | | In section 3 of that Act (power to displace restrictions in section 1), after subsection (6A) insert— |
"(6B) Where a person is charged with an offence to which this Act applies by virtue of section 2(4), this section applies as if—
| (a) | in subsections (1) and (2) for any reference to the judge there were substituted a reference to the court; and |
| (b) | subsections (6) and (6A) were omitted." |
| 9O | | In section 4 of that Act (special rules for cases of incest or buggery), omit subsection (9). |
| 9P | (1) | Section 6 of that Act (interpretation etc) is amended as follows. |
| (2) | In subsection (1) omit the definitions of "corresponding civil offence" and "service offence". |
| (3) | After that subsection insert— |
"(1A) Section 48 of the Armed Forces Act 2006 (attempts, conspiracy, incitement and aiding and abetting outside England and Wales) applies for the purposes of this Act as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to any provision of this Act."
| (4) | In subsection (3) for "a service offence" substitute "an offence under section 42 of the Armed Forces Act 2006". |
| (5) | In subsection (3A) for the words from "a service offence" to "as charged with the offence" substitute "an offence under section 42 of the Armed Forces Act 2006 if he is charged (under Part 5 of that Act) with the offence". |
| 9Q | | Omit section 7 of that Act (courts-martial). |
| 9R | | In section 8 of that Act (short title, commencement and extent, etc) omit subsection (7). |
| 9S | | In section 39 of the Criminal Justice and Public Order Act 1994 (power to apply sections 34 to 38 to armed forces), for subsection (2) substitute— |
"(2) This section applies to any proceedings before an officer or court in respect of a service offence (other than proceedings before a civilian court); and "service offence" and "civilian court" here have the same meanings as in the Armed Forces Act 2006."
| 9T | | In Schedule 3 to the Goods Vehicles (Licensing of Operators) Act 1995, in paragraph 5 for sub-paragraph (1) substitute— |
"(1) In paragraph 1(3)(a) the reference to an offence mentioned in paragraph 5 of Schedule 2 includes an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence mentioned in that paragraph.
| (1A) | In paragraphs 3 and 4, references to an offence under the law of any part of the United Kingdom include an offence under section 42 of that Act. |
| (1B) | In paragraph 3(2)(c) the reference to a community order includes a service community order or overseas community order under that Act." |
| 9U | | In section 166(5)(a) of the Pensions Act 1995 (pensions on divorce etc), for the words from "section 203(1) and (2) of the Army Act 1955" to "1957" substitute "section 349 of the Armed Forces Act 2006". |
| 9V | | In section 307 of the Criminal Procedure (Scotland) Act 1995 (interpretation)— |
| (i) | for "court-martial", both times it occurs, substitute "service court"; |
| (ii) | for the words "under the" to the end substitute "for an offence under section 42 of the Armed Forces Act 2006."; |
(b) after that subsection insert—
"(2A) In subsection (2), "service court" means—
| (b) | the Summary Appeal Court; |
| (c) | the Court Martial Appeal Court; or |
| (d) | the Supreme Court on an appeal brought from the Court Martial Appeal Court." |
| 9W | | In section 68 of the Disability Discrimination Act 1995 (interpretation)— |
(a) in subsection (1) for the definition of "criminal proceedings" substitute—
""criminal proceedings" includes service law proceedings (as defined by section 321(5) of the Armed Forces Act 2006);";
(b) in subsection (1C), in the definition of "offence" for the words from "any offence" to "1957" substitute "any service offence within the meaning of the Armed Forces Act 2006".
| 9X | | In Article 162(5)(a) of the Pensions (Northern Ireland) Order 1995 (pensions on divorce etc), for the words from "section 203(1) and (2) of the Army Act 1955" to "1957" substitute "section 349 of the Armed Forces Act 2006". |
| 9Y | | In section 192 of the Employment Rights Act 1996 (armed forces)— |
| (i) | in paragraph (a) for the words from "a complaint" to "those procedures" substitute "a service complaint"; |
| (ii) | in paragraph (b) for "complaint" substitute "service complaint"; |
(b) in subsection (5)(b) for "the service procedures for the redress of complaints" substitute "the service complaint procedures";
(c) for subsection (6) substitute—
"(6A) In subsections (4) and (5)—
"service complaint" means a complaint under section 330 of the Armed Forces Act 2006;
"the service complaint procedures" means the procedures prescribed by regulations under that section."
| 9Z | | For section 78 of the Criminal Procedure and Investigations Act 1996 substitute— |
| 9AA | | In section 6 of the Armed Forces Act 1996 (abrogation of common law corroboration rules), in subsection (3) for the words from "for any offence" to the end substitute "before— |
| (b) | the Summary Appeal Court; |
| (c) | the Service Civilian Court; |
| (d) | the Court Martial Appeal Court; or |
| (e) | the Supreme Court on an appeal brought from the Court Martial Appeal Court." |
| 9AB | | In section 199(4) of the Housing Act 1996 (local connection), for the words from "the Royal Navy" to the end substitute "the regular forces as defined by section 364 of the Armed Forces Act 2006." |
| 9AC | | In Part 1 of Schedule 1 to the Social Security (Recovery of Benefits) Act 1997 (compensation payments), in paragraph 2 after "2000" insert "or section 174 of the Armed Forces Act 2006".'. |
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