Amendments proposed to the Armed Forces Bill - continued House of Commons

back to previous text
   

Mr Don Touhig

100

*Schedule     14,     page     236,     line     18,     at end insert—

'19W (1) Section 94 of the Criminal Justice Act 2003 (extension of section 31 of the Armed Forces Act 2001) is amended as follows.

(2) For subsection (1) substitute—

    "(1)   Section 320 of the Armed Forces Act 2006 (provision in consequence of criminal justice enactments) applies in relation to an enactment contained in this Part so far as relating to matters not specified in subsection (2) of section 321 of that Act as it applies in relation to a criminal justice enactment (within the meaning given by that section)."

(3) In subsection (2) for "that section" substitute "section 320 of that Act".

(4) For subsection (3) substitute—

    "(3)   In subsection (2) "service offence" has the same meaning as in the Armed Forces Act 2006."

19X  In section 112(1) of that Act (interpretation of Chapter 1 of Part 11 (evidence of bad character)), for the definition of "service offence" substitute—

""service offence" has the same meaning as in the Armed Forces Act 2006;".'.

   

Mr Don Touhig

101

*Schedule     14,     page     236,     line     19,     leave out 'the Criminal Justice Act 2003' and insert 'that Act'.

   

Mr Don Touhig

102

*Schedule     14,     page     236,     line     39,     at end insert—

'21A  For section 233 of that Act substitute—

    "233   Offences under service law

    (1)   Where—

(a) a person has at any time been 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, was a relevant offence,

section 229 has effect as if he had at that time been convicted in England and Wales of that corresponding offence.

    (2)   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 section as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to this section."'.

   

Mr Don Touhig

103

*Schedule     14,     page     238,     line     10,     at end insert—

'30A  In section 269(3)(b) of that Act (determination of minimum term in relation to mandatory life sentence), after "custody)" insert "or under section 245 of the Armed Forces Act 2006 (equivalent provision for service courts)".

30B  In section 272 of that Act (review of minimum term on a reference by the Attorney General), omit subsections (2) and (3).

30C  In section 277 of that Act (interpretation of Chapter 7 of Part 12 (effect of life sentence)), in the definition of "court", for "a court-martial" substitute "the Court Martial".'.

   

Mr Don Touhig

104

*Schedule     14,     page     238,     line     36,     at end insert—

'32A (1) Section 337 of that Act (extent) is amended as follows.

(2) In subsection (12)—

(a)   in paragraph (a) for "by a court-martial" substitute "in respect of service offences within the meaning of the Armed Forces Act 2006";

(b)   in paragraph (b) for "courts-martial or the Courts-Martial Appeal Court" substitute "the Court Martial or the Court Martial Appeal Court".

(3) After that subsection insert—

    "(12A)   Nothing in subsection (1) affects the extent of section 94; and section 373 of the Armed Forces Act 2006 applies in relation to section 94 of this Act as it applies in relation to that Act."

(4) In subsection (13)—

(a)   in paragraph (a)—

(i) omit sub-paragraphs (i) to (iii), (v), (vii) and (viii);

(ii) in sub-paragraph (iv) for "Courts-Martial (Appeals) Act 1968" substitute "Court Martial Appeals Act 1968", and at the end of that sub-paragraph insert "or";

(b)   omit paragraph (b).

32B (1) Schedule 6 to that Act (modifications for armed forces of provisions about evidence of bad character) is amended as follows.

(2) In paragraph 3—

(a)   in sub-paragraph (1) for "courts-martial" substitute "the Court Martial";

(b)   in sub-paragraph (2)—

(i) in paragraph (a) for "judge and jury" substitute "a judge and jury";

(ii) also in paragraph (a) for "court-martial" substitute "the Court Martial";

(iii) in paragraph (c) for "dissolve" substitute "discharge";

(c)   in sub-paragraph (4)—

(i) in the paragraph substituted by paragraph (a), for the words from "section 115B(2) of the Army" to "1957" substitute "section 166 of the Armed Forces Act 2006";

(ii) in paragraph (c) for "dissolve" substitute "discharge";

(d)   in the subsection substituted by sub-paragraph (5), for "dissolve" substitute "discharge".

(3) In the subsection substituted by paragraph 4 of that Schedule—

(a)   in paragraph (a) for "a court-martial" substitute "the Court Martial";

(b)   in paragraph (b) for "a Standing Civilian Court" substitute "the Summary Appeal Court or the Service Civilian Court".

(4) For paragraph 6 substitute—

"6  In this Schedule "service court" means—

(a)   the Court Martial;

(b)   the Summary Appeal Court;

(c)   the Service Civilian Court; or

(d)   the Court Martial Appeal Court."'.

   

Mr Don Touhig

105

*Schedule     14,     page     238,     line     37,     leave out from beginning to 'substitute' in line 38 and insert—

'(1) Schedule 7 to that Act (modifications for armed forces of provisions about hearsay evidence) is amended as follows.

(2) In paragraph 2—

(a)   for sub-paragraph (2)'.

   

Mr Don Touhig

106

*Schedule     14,     page     239,     line     2,     at end insert—

'(b)   in the subsection inserted by sub-paragraph (3), for the words from ""criminal proceedings"" to the end substitute "the reference to criminal proceedings includes proceedings before an officer in respect of a service offence within the meaning of the Armed Forces Act 2006.";

(c)   in the paragraph substituted by sub-paragraph (4), for "a court-martial" substitute "the Court Martial";

(d)   for sub-paragraph (5) substitute—

    "(5)   In section 127—

(a)   in subsection (1)(c)—

(i) for "the appropriate rules" substitute "rules made under the Armed Forces Act 2006 or the Court Martial Appeals Act 1968";

(ii) for "section 9 of the Criminal Justice Act 1967 (c. 80)" substitute "such rules";

(b)   omit subsection (7).";

(e)   in the subsection inserted by sub-paragraph (7), for paragraphs (a) and (b) substitute "to proceedings before an officer, the Court Martial or the Service Civilian Court in respect of a service offence within the meaning of the Armed Forces Act 2006."

(3) In paragraph 3—

(a)   in sub-paragraph (1) for "courts-martial" substitute "the Court Martial";

(b)   in sub-paragraph (2)—

(i) for "judge and jury" substitute "a judge and jury";

(ii) for "court-martial" substitute "the Court Martial".

(4) In paragraph 4—

(a)   in sub-paragraph (1) for "courts-martial" substitute "the Court Martial";

(b)   in sub-paragraph (2)—

(i) in paragraph (a) for "judge and jury" substitute "a judge and jury";

(ii) also in paragraph (a) for "court-martial" substitute "the Court Martial";

(iii) in paragraph (c) for "dissolve" substitute "discharge";

(c)   in sub-paragraph (4)—

(i) in the paragraph substituted by paragraph (a), for the words from "section 115B(2) of the Army" to "1957" substitute "section 166 of the Armed Forces Act 2006";

(ii) in paragraph (c) for "dissolve" substitute "discharge";

(d)   in the subsection substituted by sub-paragraph (5), for "dissolve" substitute "discharge".

(5) Omit paragraphs 5 to 7.

(6) For paragraph 8 substitute—

"8  In this Schedule, and in any provision of this Part as applied by this Schedule, "service court" means—

(a)   the Court Martial;

(b)   the Summary Appeal Court;

(c)   the Service Civilian Court; or

(d)   the Court Martial Appeal Court."

33A  In Schedule 21 to that Act (determination of minimum term in relation to mandatory life sentence), at the end of paragraph 12 (but not as part of sub-paragraph (c)) insert "or of section 237(1)(b) or (c) or 238 of the Armed Forces Act 2006."'.

   

Mr Don Touhig

107

*Schedule     14,     page     239,     line     5,     at end insert—

'Domestic Violence, Crime and Victims Act 2004 (c. 28)

35 (1) Section 8 of the Domestic Violence, Crime and Victims Act 2004 (evidence and procedure: courts-martial) is amended as follows.

(2) In the sidenote for "courts-martial" substitute "the Court Martial".

(3) In subsection (1) for "courts-martial" substitute "the Court Martial".

(4) For subsection (2) substitute—

    "(2)   A reference to an offence—

(a) of murder,

(b) of manslaughter, or

(c) under section 5,

is to be read as a reference to 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 that offence."

36  In section 45(1) of that Act (interpretation of sections 35 to 44), in the definition of "court", for "a court-martial or the Courts-Martial Appeal Court" substitute "the Court Martial or the Court Martial Appeal Court".

37  For section 62(4) of that Act (extent) substitute—

    "(4)   Nothing in subsection (1) affects the extent of section 8 or of any provision of section 6 as applied by section 8."

Human Tissue Act 2004 (c. 30)

38  In section 39(6)(c) of the Human Tissue Act 2004 (criminal justice purposes), for the words from "offences" to the end substitute "service offences within the meaning of the Armed Forces Act 2006."

39  In Part 2 of Schedule 4 to that Act (use for an excepted purpose), in paragraph 5(4)(c) for the words from "offences" to the end substitute "service offences within the meaning of the Armed Forces Act 2006."

Civil Partnership Act 2004 (c. 33)

40  In section 245(2) of the Civil Partnership Act 2004 (interpretation), for "Army Act 1955 (3 & 4 Eliz 2 c. 18)" substitute "Armed Forces Act 2006".

Constitutional Reform Act 2005 (c. 4)

41  In Part 2 of Schedule 14 to the Constitutional Reform Act 2005 (the Judicial Appointments Commission: relevant offices and enactments), in the table, in the entry relating to a judge of the Courts-Martial Appeal Court—

(a)   in the first column for "Courts-Martial Appeal Court" substitute "Court Martial Appeal Court";

(b)   in the second column for "Courts-Martial (Appeals) Act 1968 (c. 20)" substitute "Court Martial Appeals Act 1968 (c. 20)".

Gambling Act 2005 (c. 19)

42  In section 354(2) of the Gambling Act 2005 (Crown application), for the words from "Her Majesty's" to the end substitute "any of Her Majesty's forces (within the meaning of the Armed Forces Act 2006)."

43  In Part 1 of Schedule 7 to that Act (relevant offences)—

(a)   for paragraphs 14 to 16 substitute—

"14A  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 listed elsewhere in this Schedule.";

(b)   after paragraph 22 insert—

"22A  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) to any of the following provisions of that Act were a reference to any provision of this Act."'.



 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page Search page Enquiries index

©Parliamentary copyright 2006
Prepared 16 Mar 2006