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

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Act or omission in execution of law

Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns

NC15

To move the following Clause:—

'Before Clause 1 insert—

A person is not liable for or to be convicted of a service offence by reason of an act or omission that—

(a)	was in execution of the law; or

(b)	was in obedience to—

(i)	a lawful order; or

(ii)	an unlawful order that the person did not know, and could not reasonably be expected to have known, was unlawful.".'.

Investigation of charges by commanding officer (No. 1)

Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns

NC16

To move the following Clause:—

'(1) An allegation that a person subject to military law ("the accused") has committed an offence against any provision of this Part of this Act shall be reported, in the form of a charge, to his commanding officer.

(2) A commanding officer shall investigate a charge reported to him under subsection (1) above.

(3) If, in the course of investigating a charge, the commanding officer considers it appropriate to do so, he may amend the charge or substitute another charge for it and treat the amended or substituted charge as if that charge had been reported to him under subsection (1) above.

(4) If, in the course of investigating a charge, it appears to the commanding officer that proceedings in respect of the matters to which the charge relates could be, and in the interests of the better administration of justice should be, taken against the accused otherwise than under this Act he may stay further proceedings with respect to the charge.

(5) After investigating a charge the commanding officer may, subject to subsection (6) below—

(a)	dismiss the charge;

(b)	refer the charge to higher authority; or

(c)	deal summarily with the charge,

(6) The commanding officer may not deal summarily with a charge if—

(a)	the accused is an officer or warrant officer; or

(b)	the charge is not capable of being dealt with summarily.

(7) Where a commanding officer considers that he may wish to dismiss a charge under this provision he should first consult with his higher authority who in turn may seek the views of service prosecuting authority.'.

Investigation of charges by commanding officer (No. 2)

Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns

NC17

To move the following Clause:—

(2) A commanding officer shall investigate a charge reported to him under subsection (1) above.

(5) After investigating a charge the commanding officer may, subject to subsection (6) below—

(a)	dismiss the charge;

(b)	refer the charge to higher authority; or

(c)	deal summarily with the charge,

(6) The commanding officer may not deal summarily with a charge if—

(a)	the accused is an officer or warrant officer; or

(b)	the charge is not capable of being dealt with summarily.'.

Investigation of charges by commanding officer (No. 3)

Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns

NC18

To move the following Clause:—

(2) A commanding officer shall investigate a charge reported to him under subsection (1) above.

(5) After investigating a charge the commanding officer may, after consulting with the service prosecuting authority, subject to subsection (6) below—

(a)	dismiss the charge;

(b)	refer the charge to higher authority; or

(c)	deal summarily with the charge,

(6) The commanding officer may not deal summarily with a charge if—

(a)	the accused is an officer or warrant officer; or

(b)	the charge is not capable of being dealt with summarily.'.

Powers of higher authority

Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns

NC19

To move the following Clause:—

'(1) Where a charge is referred to higher authority, the higher authority shall refer the case to the prosecuting authority unless he takes one of the steps mentioned in this section in relation to the charge.

(2) The higher authority may refer the charge back to the commanding officer of the accused with a direction to dismiss it or to stay all further proceedings in relation to it, and the commanding officer shall deal with the charge accordingly.

(3) If the charge is against a non-commissioned officer or lower rank and is capable of being dealt with summarily, the higher authority may refer it back to the commanding officer of the accused to be so dealt with.

(4) If the charge is against an officer below the rank of [colonel] or a warrant officer and is capable of being dealt with summarily, the higher authority may refer it to the appropriate superior authority to be so dealt with.

(5) If the charge has been referred to the higher authority as a result of an election for court-martial trial, and that election has not been withdrawn with leave, he may not refer the charge back to the commanding officer of the accused, or (as the case may be) to the appropriate superior authority, to be dealt with summarily.'.

Review of sentence by Court Martial Appeal Court

Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns

NC20

To move the following Clause:—

'(1) Where a court martial has found the accused guilty of any offence, the accused may, on any grounds, within 30 days of sentencing, present a petition to the Court Martial Appeal Court against finding or sentence or both.

(2) On a reference under subsection (1), the Court Martial Appeal Court may—

(a)	quash the sentence passed by the Court Martial; or

(b)	pass in substitution for it any sentence which the Court Martial Appeal Court thinks is appropriate and which is a sentence that the Court Martial had the power to pass in respect of the offence; or

(c)	order a new trial.'.

Review of sentence

Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns

NC21

To move the following Clause:—

'(1) Where a court martial has found the accused guilty of any offence, the accused may, within 30 days of sentencing, present a petition to the Defence Council against finding or sentence or both.

(2) The reviewing authority shall, in accordance with subsections (3) and (4) below, review any finding of guilt made, and sentence passed, by a court martial.

(3) The review under this section shall (if it does not begin sooner) begin as soon as is practicable after—

(a)	in a case where a petition has been presented under this section, the presentation of the petition;

(b)	in any other case, the end of the period within which a petition under this section may be presented.

(4) Where an application for leave to appeal to the Courts Martial Appeal Court agains a finding or sentence has been made before the review under this section of the finding or sentence has been completed—

(a)	the reviewing authority shall complete the review as soon as is practicable; but

(b)	if leave to appeal is granted before the review has been completed, the authority shall cease considering the review.

(5) For the purposes of this Act the reviewing authority is—

(a)	the Defence Coucil; or

(b)	any officer to whom all or any of the powers of the Defence Council as reviewing authority may be delegated by the Defence Council.'.

Powers of reviewing authority on review under section [Review of sentence]

Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns

NC22

To move the following Clause:—

'(1) On a review under section [Review of sentence] of this Act of a finding or sentence of a court martial the reviewing authority has the following powers.

(2) Insofar as the review is of a finding of guilt, the authority may—

(a)	quash that finding and, if the sentence relates only to that finding, quash the sentence passed in consequence of that finding;

(b)	substitute a finding mentioned in subsection (3) below if that finding could have been validly made by the court martial and the authority is of the opinion that the court martial must have been satisfied of facts which would justify the making of that finding;

and, where another finding is so substituted, the authority may pass any such sentence (not being, in the opinion of the authority, more severe than the sentence originally passed) open to a court martial on making such a finding as appears proper.

(3) The findings referred to in subsection (2) above are—

(a)	any finding of guilt which could have been validly made by the court martial on the charge before it;

(b)	if the court martial recorded no finding on a charge alternative to a charge on which the court made the finding being reviewed, a finding of guilt on that alternative charge.

(4) Insofar as the review is of a sentence, the authority may quash the sentence or substitute a sentence (not being, in the opinion of the authority, more severe than the sentence originally passed) which was open to the court martial.

(5) In reviewing a sentence, the authority may—

(a)	remit in whole or part any punishment awarded by the court;

(b)	commute any such punishment for one or more punishments provided by this Act,

being less than the punishment commuted.

(6) Where it appears to the reviewing authority that the court martial, in sentencing the accused, exceeded or erroneously exercised its powers to take other offences into consideration, the authority shall (whether or not substituting a different sentence or remitting or commuting punishment) annul the taking into consideration of the other offence or offences in question and any orders dependent thereon; and where the authority does so the offence or offences shall be treated for all purposes as not having been taken into consideration.

(7) Any substituted finding or sentence, or sentence having effect after the remission or commutation of punishment—

(a)	shall be treated for all purposes as having been made or passed by the court;

(b)	shall be promulgated and shall have effect as from the date of promulgation.'.