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Mr Don Touhig
88
Schedule 14, page 234, line 17, leave out from beginning to end of line 18 and insert—
| '(1) | Section 34 of that Act (meaning of "life sentence" for purposes of Chapter 2 of Part 2) is amended as follows. |
Mr Don Touhig
89
Schedule 14, page 234, line 27, at end insert—
| '(3) | Omit subsection (3). |
| 11A | | In section 47(4) of that Act (application of section 47), at the end of paragraph (b) insert "or" and for paragraphs (c) and (d) substitute— |
| "(c) | Schedule 4 to the Armed Forces Act 2006 (including as applied by section 16(2) of the Court Martial Appeals Act 1968)." |
| 11B | | In section 57 of that Act (extent etc), for subsection (8) substitute— |
"(8) Nothing in subsection (4) above affects the extent of section 47 of this Act so far as it confers a power on the Court Martial or the Court Martial Appeal Court."'.
Mr Don Touhig
90
Schedule 14, page 234, line 35, at end insert—
| 12A | (1) | Section 93 of the Police Act 1997 (authorisations to interfere with property etc) is amended as follows. |
| (2) | In subsection (3)(aa) for "Royal Navy Regulating Branch" substitute "Royal Navy Police". |
| (3) | In subsection (5)(eb) for "Royal Navy Regulating Branch" substitute "Royal Navy Police". |
| (4) | In subsection (6A)(a) for "subject to service discipline" substitute "who is subject to service law or is a civilian subject to service discipline". |
| (5) | For subsection (6B) substitute— |
"(6B) In subsection (6A) "subject to service law" and "civilian subject to service discipline" have the same meanings as in the Armed Forces Act 2006."
| 12B | | In section 94(2)(db) of that Act (authorisations given in absence of authorising officer), for "Royal Navy Regulating Branch" substitute "Royal Navy Police". |
| 12C | | In section 108(1) of that Act (interpretation of Part 3), in the definition of "criminal proceedings", for paragraphs (a) to (c) substitute "proceedings (whether or not before a court) in respect of a service offence within the meaning of the Armed Forces Act 2006;". |
| 12D | | In section 113B(10) of that Act (enhanced criminal record certificates: meaning of "police force"), for paragraphs (a) and (b) substitute— |
| "(a) | the Royal Navy Police;". |
| 12E | (1) | Article 71 of the Race Relations (Northern Ireland) Order 1997 (application to Crown etc) is amended as follows. |
(a) in sub-paragraph (a) for the words from "a complaint" to "those procedures" substitute "a service complaint in respect of the act complained of";
(b) in sub-paragraph (b) for "complaint" substitute "service complaint".
| (3) | In paragraph (10) for "the service redress procedures" substitute "the service complaint procedures". |
| (4) | In paragraph (12), for the definition of "the service redress procedures" substitute— |
""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;".
| 12F | | In Part 1 of Schedule 1 to the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (compensation payments), in paragraph 2 after "1994" insert "or section 174 of the Armed Forces Act 2006". |
| 12G | | In section 5(7) of the Landmines Act 1998 (international military operations), in the definition of "Her Majesty's armed forces" for "Army Act 1955" substitute "Armed Forces Act 2006". |
| 12H | | In section 38(4)(h) of the Crime and Disorder Act 1998 (youth justice services), after "detention and training order" insert "(including an order under section 210 of the Armed Forces Act 2006)". |
| 12I | | In section 41(5) of that Act (functions of Youth Justice Board)— |
(a) in paragraph (i), for sub-paragraphs (i) and (ii) substitute—
| "(i) | secure accommodation, within the meaning given by section 107 of the Powers of Criminal Courts (Sentencing) Act 2000, for the purpose of detaining persons subject to orders under section 100, 104(3)(a) or 105(2) of that Act or section 210 or 213 of the Armed Forces Act 2006; |
| (ii) | accommodation which is or may be used for the purpose of detaining persons sentenced under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 208 or 217 of the Armed Forces Act 2006;"; |
(b) in paragraph (j), for sub-paragraphs (i) and (ii) substitute—
| "(i) | secure accommodation, within the meaning given by section 107 of the Powers of Criminal Courts (Sentencing) Act 2000, to be used for detaining a person in accordance with a determination under section 102(1), 104(3)(a) or 105(2) of that Act or section 213(3) of the Armed Forces Act 2006; or |
| (ii) | accommodation to be used for detaining a person in accordance with a direction by the Secretary of State under section 92 of the Powers of Criminal Courts (Sentencing) Act 2000 or a determination by the Secretary of State under section 209 or 217(3) of the Armed Forces Act 2006;". |
| 12J | | In Schedule 3 to that Act (procedure where persons sent for trial under section 51), in paragraph 9(5) (definition of "previous conviction") for paragraph (b) substitute— |
| "(b) | a previous conviction of a service offence within the meaning of the Armed Forces Act 2006 ("conviction" here including anything that under section 366(1) and (2) of that Act is to be treated as a conviction)." |
| 12K | | In section 4(5)(c) of the Human Rights Act 1998 (declaration of incompatibility), for "Courts-Martial Appeal Court" substitute "Court Martial Appeal Court". |
| 12L | | In section 5(5) of that Act (right of Crown to intervene), for "Courts-Martial Appeal Court" substitute "Court Martial Appeal Court". |
| 12M | | In section 44(13)(c) of the Youth Justice and Criminal Evidence Act 1999 (reporting restrictions on alleged offences involving persons under 18: meaning of "person subject to service law"), for sub-paragraphs (i) and (ii) substitute— |
| "(i) | a person subject to service law within the meaning of the Armed Forces Act 2006; or |
| (ii) | a civilian subject to service discipline within the meaning of that Act." |
| 12N | | In section 63(1) of that Act (interpretation of Part 2), in the definition of "service court", for paragraphs (a) to (c) substitute— |
| (b) | the Service Civilian Court; or |
| (c) | the Court Martial Appeal Court." |
| 12O | | In section 68 of that Act (extent etc), omit subsection (10). |
| 12P | | In Schedule 7 to that Act (transitional provision), in paragraph 6(6)— |
(a) in paragraph (a) for the words from "the prosecuting authority" to the end substitute "the charge is brought under section 121 of the Armed Forces Act 2006;".
(b) for paragraph (b) substitute—
| "(b) | proceedings on appeal are to be taken to be instituted— |
| (i) | in the case of an appeal under the Court Martial Appeals Act 1968, when the application for leave to appeal is lodged in accordance with section 9 of that Act; |
| (ii) | in the case of an appeal under section 284 of the Armed Forces Act 2006 (except one for which leave is required), when the notice of appeal is given; |
| (iii) | in the case of an appeal under that section for which leave is required, when the application for leave to appeal is lodged; |
| (iv) | in the case of a reference under section 34 of the Court Martial Appeals Act 1968 or section 12A or 12B of the Criminal Appeal Act 1995, when the reference is made." |
| 12Q | | In section 44(1)(a) of the Welfare Reform and Pensions Act 1999 (disapplication of restrictions on alienation), 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".'. |
Mr Don Touhig
91
Schedule 14, page 234, line 36, at end insert—
| '12R | (1) | Section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 (determination of tariffs for discretionary life sentences) is amended as follows. |
| (2) | In subsection (3)(b) for the words from "below" to "custody)" substitute "(crediting periods of remand in custody) or under section 245 of the Armed Forces Act 2006 (equivalent provision for service courts)". |
| (3) | In each of subsections (7) and (8) for "a court-martial" substitute "the Court Martial". |
| 12S | | In section 99 of that Act (conversion of sentence of detention to sentence of imprisonment)— |
(a) in subsection (5) after paragraph (a) insert—
| "(aa) | a sentence of detention under section 208 or 217 of the Armed Forces Act 2006,"; |
(b) after that subsection add—
"(6) References in this section to a sentence under section 226 or 228 of the Criminal Justice Act 2003 include such a sentence passed as a result of section 220 or 221 of the Armed Forces Act 2006."'.
Mr Don Touhig
92
Schedule 14, page 234, line 37, leave out from first 'of' to '(which' and insert 'that Act'.
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