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

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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—

      'Representation of the People Act 1983 (c.2)

    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—

      'Repatriation of Prisoners Act 1984 (c.47)

    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—

          (a) the Court Martial;

          (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."

      Inheritance Tax Act 1984 (c.51)

    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".

      Police and Criminal Evidence Act 1984 (c.60)

    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";

            (b)   omit paragraph (k).

    6D  In section 67 of that Act (codes of practice: supplementary), for subsection (12) substitute—

          "(12)   In subsection (11) "criminal proceedings" includes service proceedings.

          (13)   In this section "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."

    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.

    (2) In subsection (1)—

            (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."

    (4) Omit subsection (2).

    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."

    (3) In subsection (8)—

            (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—

          "(8A)   In this section "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."

          (8B)   Section 373 of the Armed Forces Act 2006 (Channel Islands, Isle of Man and British overseas territories) applies in relation to the provisions mentioned in subsection (6)(a) and (b) above as it applies in relation to that Act."

      Prosecution of Offences Act 1985 (c.23)

    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)."

      Housing Act 1985 (c.68)

    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;".'.

   

Mr Don Touhig

87

Schedule     14,     page     234,     line     10,     at end insert—

      'Criminal Justice Act 1988 (c.33)

    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".

    (3) In paragraph 1—

            (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—

          "(a) the Court Martial;

          (b) the Service Civilian Court; and

          (c) the Court Martial Appeal Court."

    (4) Omit paragraphs 7, 9 and 10.

      Road Traffic Act 1988 (c.52)

    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.

    (2) In subsection (1)—

            (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";

            (d)   in paragraph (e)—

            (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."

      Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

    9G  In Article 66 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (codes of practice - supplementary), for paragraph 11 substitute—

          "(11)   In paragraph (10) "criminal proceedings" includes service proceedings.

          (11A)   In this Article "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."

    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";

            (b)   omit paragraph (2).

    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);".

      Courts and Legal Services Act 1990 (c.41)

    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";

            (b)   omit paragraph (b).

      Armed Forces Act 1991 (c.62)

    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."

      Local Government Finance Act 1992 (c.14)

    9L (1) Schedule 1 to the Local Government Finance Act 1992 (persons disregarded for purposes of discount) is amended as follows.

    (2) In paragraph 1—

            (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."

      Sexual Offences (Amendment) Act 1992 (c.34)

    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).

      Criminal Justice and Public Order Act 1994 (c.33)

    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."

      Goods Vehicles (Licensing of Operators) Act 1995 (c.23)

    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."

      Pensions Act 1995 (c.26)

    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".

      Criminal Procedure (Scotland) Act 1995 (c.46)

    9V  In section 307 of the Criminal Procedure (Scotland) Act 1995 (interpretation)—

            (a)   in subsection (2)—

            (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—

          (a) the Court Martial;

          (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."

      Disability Discrimination Act 1995 (c.50)

    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".

      Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22))

    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".

      Employment Rights Act 1996 (c.18)

    9Y  In section 192 of the Employment Rights Act 1996 (armed forces)—

            (a)   in subsection (4)—

            (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."

      Criminal Procedure and Investigations Act 1996 (c.25)

    9Z  For section 78 of the Criminal Procedure and Investigations Act 1996 substitute—

          "78   Application to armed forces

          (1)   Subject to subsection (2), nothing in this Act applies in relation to—

          (a) proceedings before a court (other than a civilian court) in respect of a service offence; or

          (b) any investigation conducted with a view to its being ascertained whether a person should be charged with a service offence or whether a person charged with such an offence is guilty of it.

          (2)   The Secretary of State may by order—

          (a) make as regards any proceedings mentioned in subsection (1)(a) provision equivalent to the provisions contained in or made under Part 1, subject to such modifications as he considers appropriate;

          (b) make as regards any investigation mentioned in subsection (1)(b) provision equivalent to the provisions contained in or made under Part 2, subject to such modifications as he considers appropriate.

          (3)   An order under this section may make provision in such way as the Secretary of State considers appropriate, and may in particular apply any of the provisions concerned, with or without modifications.

          (4)   In this section—

          (a) "civilian court" and "service offence" have the same meanings as in the Armed Forces Act 2006;

          (b) references to charges are to charges brought under Part 5 of that Act."

      Armed Forces Act 1996 (c.46)

    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—

          (a) the Court Martial;

          (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."

      Housing Act 1996 (c.52)

    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."

      Social Security (Recovery of Benefits) Act 1997 (c.27)

    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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