|
Mr Don Touhig
84
Schedule 14, page 233, leave out lines 22 to 24 and insert—
'"(2A) Section 48 of the Armed Forces Act 2006 (attempts, conspiracy, incitement and aiding and abetting outside England and Wales) applies for the purposes of subsection (1)(c)(ii) to (iv) above as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to subsection (1)(c)(ii) to (iv)."'.
Mr Don Touhig
85
Schedule 14, page 233, line 25, at end insert—
| 5A | | In section 3(2)(a) of the Representation of the People Act 1983 (disenfranchisement of offenders in prison etc), for the words from "court-martial" to "1976" substitute "court of a service offence within the meaning of the Armed Forces Act 2006". |
| 5B | | In section 3A of that Act (disenfranchisement of offenders detained in mental hospitals), for subsection (5) substitute— |
"(5) The reference in subsection (2)(a)(i) to an order under section 37 or 38 of the Mental Health Act 1983 includes such an order made by virtue of Schedule 4 to the Armed Forces Act 2006 (including as applied by section 16(2) of the Court Martial Appeals Act 1968)."'.
Mr Don Touhig
86
Schedule 14, page 233, line 36, at end insert—
| 6A | | In section 1 of the Repatriation of Prisoners Act 1984 (warrants for transfer of prisoners etc into or out of UK) after subsection (7) insert— |
"(7A) In subsection (7)(a) the reference to an order made by a court or tribunal in the United Kingdom in the course of the exercise of its criminal jurisdiction includes an order made (anywhere) by—
| (b) | the Service Civilian Court; |
| (c) | the Court Martial Appeal Court; or |
| (d) | the Supreme Court on an appeal brought from the Court Martial Appeal Court." |
| 6B | | In section 154(2) of the Inheritance Tax Act 1984 (death on active service etc), for the words from "(not being a member" to "any body of those forces" substitute "a civilian subject to service discipline within the meaning of the Armed Forces Act 2006". |
| 6C | | In section 63A(1B) of the Police and Criminal Evidence Act 1984 (fingerprints and samples: supplementary provisions)— |
(a) in paragraph (h) for "Royal Navy Regulating Branch" substitute "Royal Navy Police";
| 6D | | In section 67 of that Act (codes of practice: supplementary), for subsection (12) substitute— |
| 6E | (1) | Section 72 of that Act (provision supplementary to Part 7 (documentary evidence in criminal proceedings)) is amended as follows. |
| (2) | In subsection (1), in the definition of "proceedings", for paragraphs (a) to (c) substitute "service proceedings." |
| (3) | After that subsection insert— |
"(1A) In subsection (1) "service proceedings" means proceedings before a court (other than a civilian court) in respect of a service offence; and "service offence" and "civilian court" here have the same meanings as in the Armed Forces Act 2006."
| 6F | | In section 75(3) of that Act (supplementary provision about conviction as evidence of commission of offence), after paragraph (a) insert— |
| "(aa) | section 186 of the Armed Forces Act 2006 (which makes similar provision in respect of service convictions);". |
| 6G | (1) | Section 82 of that Act (interpretation of Part 8 (evidence in criminal proceedings: general)) is amended as follows. |
(a) omit the definition of "court-martial";
(b) in the definition of "proceedings", for paragraphs (a) to (c) substitute "service proceedings;";
(c) in the definition of "Service court" for "a court-martial or a Standing Civilian Court" substitute "the Court Martial or the Service Civilian Court".
| (3) | After that subsection insert— |
"(1A) In subsection (1) "service proceedings" means proceedings before a court (other than a civilian court) in respect of a service offence; and "service offence" and "civilian court" here have the same meanings as in the Armed Forces Act 2006."
| 6H | (1) | Section 113 of that Act (application of Act to armed forces) is amended as follows. |
| (2) | For subsection (1) substitute— |
"(1) The Secretary of State may by order make provision in relation to—
| (a) | investigations of service offences, |
| (b) | persons arrested under a power conferred by or under the Armed Forces Act 2006, |
| (c) | persons charged under that Act with service offences, |
| (d) | persons in service custody, or |
| (e) | persons convicted of service offences, |
which is equivalent to that made by any provision of Part 5 of this Act (or this Part of this Act so far as relating to that Part), subject to such modifications as the Secretary of State considers appropriate."
| (3) | In subsection (2) for the words from "offences" to the end substitute "service offences". |
| (4) | In subsection (3) for the words from "concerned with" to the end substitute "concerned with— |
| (a) | the exercise of powers conferred by or under Part 3 of the Armed Forces Act 2006; or |
| (b) | investigations of service offences." |
| (5) | In subsection (4) for "enquiries" substitute "investigations". |
| (6) | For subsection (9) substitute— |
"(9) Subsection (8) above applies to proceedings in respect of an offence under a provision of Part 1 of the Armed Forces Act 2006 other than section 42 (criminal conduct)."
| (7) | Omit subsection (11). |
| (8) | In subsection (12) for the words from "proceedings" to the end of paragraph (c) substitute "service proceedings". |
| (9) | After that subsection insert— |
"(12A) In this section—
"service offence" has the meaning given by section 50 of the Armed Forces Act 2006;
"criminal proceedings" includes service proceedings;
"service proceedings" means proceedings before a court (other than a civilian court) in respect of a service offence; and
"civilian court" has the meaning given by section 364 of the Armed Forces Act 2006;
and section 366(1) and (2) of that Act (meaning of "convicted" in relation to summary hearings and the SAC) apply for the purposes of subsection (1)(e) above as they apply for the purposes of that Act."
| (10) | After subsection (13) add— |
"(14) Section 363(5) and (6) of the Armed Forces Act 2006 (supplementary provisions) apply in relation to an order under this section as they apply in relation to an order under that Act."
| 6I | (1) | Section 120 of that Act (extent) is amended as follows. |
| (2) | For subsections (6) and (7) substitute— |
"(6) Nothing in subsection (1) affects—
| (a) | the extent of section 113(1) to (7) and (12) to (14); |
| (b) | the extent of the relevant provisions so far as they relate to service proceedings." |
(a) for paragraphs (a) and (b) substitute—
| "(a) | section 67(11) to (13);"; |
(b) for paragraphs (d) and (e) substitute—
| "(d) | section 113(8) to (10)." |
| (4) | For subsection (9) substitute— |
| 6J | | In section 19 of the Prosecution of Offences Act 1985 (provision for orders as to costs in other circumstances)— |
(a) in subsection (3)(c)(ii) for the words from "to which" to the end substitute "within subsection (3B) below;";
(b) after subsection (3A) insert—
"(3B) A request is within this subsection if—
| (a) | it is a request to a registered medical practitioner to make a written or oral report on the medical condition of an offender or defendant; and |
| (b) | it is made by a court— |
| (i) | for the purpose of determining whether or not to include in a community order (within the meaning of Part 12 of the Criminal Justice Act 2003) a mental health treatment requirement under section 207 of that Act or make an order under section 37 of the Mental Health Act 1983 (hospital orders and guardianship orders) or otherwise for the purpose of determining the most suitable method of dealing with an offender; or |
| (ii) | in exercise of the powers conferred by section 11 of the Powers of Criminal Courts (Sentencing) Act 2000 (remand of a defendant for medical examination)." |
| 6K | | In section 622(1) of the Housing Act 1985 (minor definitions), for the definition of "regular armed forces of the Crown" substitute— |
""regular armed forces of the Crown" means the regular forces as defined by section 364 of the Armed Forces Act 2006;".'.
|
