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

back to previous text
   

Mr Don Touhig

93

Schedule     14,     page     235,     line     12,     at end insert—

'13A  For section 114 of that Act substitute—

    "114   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, and

(b) the corresponding offence under the law of England and Wales (within the meaning given by that section) was a class A drug trafficking offence or a domestic burglary,

the relevant section of this Chapter shall have effect as if he had at that time been convicted in England and Wales of that corresponding offence.

    (2)   Subsection (3) of section 113 applies for the purposes of this section as it applies for the purposes of that section.

    (3)   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."

13B (1) Section 134 of that Act (effect of compensation order on subsequent award of damages in civil proceedings) is amended as follows.

(2) In subsections (1) and (2) omit "or award".

(3) For subsection (3) substitute—

    "(3)   In this section "service compensation order" means a service compensation order under the Armed Forces Act 2006."

13C  In section 163 of that Act (general definitions), in the definition of "court", for "a court-martial" substitute "the Court Martial".

Regulation of Investigatory Powers Act 2000 (c.23)

13D  In section 18(11) of the Regulation of Investigatory Powers Act 2000 (exceptions to section 17: meaning of "relevant judge"), for paragraph (c) substitute—

"(c) in relation to proceedings before the Court Martial, the judge advocate for those proceedings; or".

13E  In section 32(6)(g) of that Act (senior authorising officers for intrusive surveillance), for "Royal Navy Regulating Branch" substitute "Royal Navy Police".

13F (1) Section 33 of that Act (rules for grant of authorisations of surveillance etc) is amended as follows.

(2) In subsection (6)(d)—

(a)   for "Royal Navy Regulating Branch," substitute "Royal Navy Police";

(b)   for "person subject to service discipline" substitute "person subject to service law or a civilian subject to service discipline".

(3) For subsection (7) substitute—

    "(7)   In subsection (6) "subject to service law" and "civilian subject to service discipline" have the same meanings as in the Armed Forces Act 2006."

13G  In section 34(4)(g) of that Act (persons entitled to grant authorisation in the senior officer's absence)—

(a)   for "Royal Navy Regulating Branch" substitute "Royal Navy Police";

(b)   for "that Branch" substitute "that force".

13H  In section 41(7) of that Act (Secretary of State authorisations), for "Royal Navy Regulating Branch" substitute "Royal Navy Police".

13I  In section 56(1) of that Act (interpretation of Part 3 (investigation of certain electronic data)), in the definition of "chief officer of police", in paragraph (f) for "Royal Navy Regulating Branch" substitute "Royal Navy Police".

13J (1) Section 81 of that Act (general interpretation) is amended as follows.

(2) In subsection (1)—

(a)   in the definition of "Her Majesty's forces", for "Army Act 1955" substitute "Armed Forces Act 2006";

(b)   in the definition of "legal proceedings" after "tribunal" insert "or proceedings before an officer in respect of a service offence within the meaning of the Armed Forces Act 2006";

(c)   in the definition of "police force", in paragraph (g) for "Royal Navy Regulating Branch" substitute "Royal Navy Police".

(3) In subsection (4), for paragraphs (a) to (c) substitute "proceedings before a court in respect of a service offence within the meaning of the Armed Forces Act 2006,".

(4) In subsection (6)(b)—

(a)   for "Royal Navy Regulating Branch" substitute "Royal Navy Police";

(b)   for the words from "that Branch" to the end substitute "that force who is not for the time being attached to or serving either with that force or with another of those police forces".

Freedom of Information Act 2000 (c.36)

13K  In section 30 of the Freedom of Information Act 2000 (investigations and proceedings conducted by public authorities), for subsection (5) substitute—

    "(5)   In this section—

"criminal proceedings" includes service law proceedings (as defined by section 321(5) of the Armed Forces Act 2006);

"offence" includes a service offence (as defined by section 50 of that Act)."'.

   

Mr Don Touhig

94

Schedule     14,     page     235,     line     13,     at end insert—

'13L  In section 1 of the Criminal Justice and Court Services Act 2000 (purposes of Chapter 1 of Part 1 (national probation service)), in subsection (2)(a) after "2003)" insert "and service community orders and overseas community orders under the Armed Forces Act 2006".'.

   

Mr Don Touhig

95

Schedule     14,     page     235,     line     14,     leave out from 'of' to 'insert' and insert 'that Act'.

   

Mr Don Touhig

96

Schedule     14,     page     235,     line     31,     at end insert—

'14A (1) Section 27 of that Act (armed forces offences equivalent to "an offence against a child") is amended as follows.

(2) In subsection (2) for "an armed forces offence" substitute "an offence under section 42 of the Armed Forces Act 2006".

(3) For subsections (3) to (5) substitute—

    "(3)   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 (2) 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 subsection (2) of this section."

14B (1) Section 30 of that Act (disqualification from working with children: supplemental) is amended as follows.

(2) In subsection (1)—

(a)   in the definition of "guardianship order", omit the words from "the Army" to "1957 or";

(b)   in the definition of "qualifying sentence"—

(i) in paragraph (d) after "2000" insert "or section 208 of the Armed Forces Act 2006";

(ii) in paragraph (e) after "or more" insert "under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 210 of the Armed Forces Act 2006";

(iii) omit paragraph (f);

(c)   in the definition of "relevant order", for "a court-martial or the Courts-Martial Appeal Court" substitute "the Court Martial or the Court Martial Appeal Court";

(d)   in the definition of "superior court", for "a court-martial or the Courts-Martial Appeal Court" substitute "the Court Martial or the Court Martial Appeal Court".

(3) Omit subsection (2).

(4) In subsection (3), omit ", or to a sentence of detention imposed by a court-martial or the Courts-Martial Appeal Court,".

14C  In section 31(2) of that Act (appeals) for "a court-martial", in both places, substitute "the Court Martial".

14D  In section 33 of that Act (provisions relating to application for review of disqualification)—

(a)   in subsection (7), in the definition of "order for admission to hospital", omit paragraph (a);

(b)   in subsection (8)(a), for "(f)" substitute "(e)".

14E  In section 42 of that Act (interpretation of Part 2 (protection of children)) omit—

(a)   in subsection (1), the definition of "armed forces offence";

(b)   subsection (2).'.

   

Mr Don Touhig

97

Schedule     14,     page     236,     line     1,     at end insert—

'16A  In section 81(2) of that Act (extent)—

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

(b)   omit paragraph (h).

Criminal Justice and Police Act 2001 (c.16)

16B  In section 88(8) of the Criminal Justice and Police Act 2001 (functions of Central Police Training and Development Authority)—

(a)   in paragraph (g) for "Royal Navy Regulating Branch" substitute "Royal Navy Police";

(b)   omit paragraph (j).'.

   

Mr Don Touhig

98

Schedule     14,     page     236,     line     5,     at end insert—

'17A  In section 67(3) of that Act (definition of person subject to UK service jurisdiction), in subsection (3) for paragraphs (a) to (c) substitute "a person subject to service law, or a civilian subject to service discipline, within the meaning of the Armed Forces Act 2006."'.

   

Mr Don Touhig

99

Schedule     14,     page     236,     line     17,     at end insert—

'Armed Forces Act 2001 (c.19)

19A (1) Section 26 of the Armed Forces Act 2001 (power to make provision for orders as to costs) is amended as follows.

(2) In subsection (1) for the words from "courts-martial" to "services Acts" substitute "any of the Court Martial, the Summary Appeal Court, the Service Civilian Court and the Court Martial Appeal Court, in any case where the court is satisfied that one party to proceedings before that court".

(3) In subsection (2)(d) for "a Standing Civilian Court" substitute "the Service Civilian Court".

(4) In subsection (3)—

(a)   in paragraph (a) for the words from "a court-martial" to the end substitute "the Court Martial under the regulations may appeal to the Court Martial Appeal Court;";

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

(5) Omit subsection (4).

19B (1) Section 27 of that Act (costs against legal representatives) is amended as follows.

(2) In subsection (1) for the words from the beginning to "may disallow" substitute "In any proceedings before—

(a) the Court Martial,

(b) the Summary Appeal Court,

(c) the Service Civilian Court, or

(d) the Court Martial Appeal Court,

the court may disallow".

(3) In subsection (2)—

(a)   in paragraph (a) for the words from "a court-martial" to the end substitute "the Court Martial under subsection (1) may appeal to the Court Martial Appeal Court;";

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

(4) In subsection (3), in the definition of "legal or other representative" for paragraph (b) substitute—

"(b) a person appointed under section 356 of the Armed Forces Act 2006 (prosecuting officers);".

19C (1) Section 28 of that Act (provisions supplementary to sections 26 and 27) is amended as follows.

(2) In subsection (1)—

(a)   for "prosecuting authority of its" substitute "Director of Service Prosecutions ("the Director") of his";

(b)   for "under the services Acts" substitute "before a court mentioned in section 27(1)";

(c)   for "prosecuting authority" in the second place where it occurs substitute "Director".

(3) In subsection (2) for "prosecuting authority" in both places substitute "Director".

(4) Omit subsections (3) to (5).

19D (1) Section 30 of that Act (conditional release from custody) is amended as follows.

(2) In subsection (1) for "a court-martial, a summary appeal court or a Standing Civilian Court" substitute "the Court Martial, the Summary Appeal Court or the Service Civilian Court".

(3) In subsection (2)—

(a)   in paragraph (a) for the words from "a court-martial" to the end substitute "the Court Martial, the determination of an appeal to the Court Martial Appeal Court,";

(b)   in paragraph (b) for the words from "a summary appeal court" to "1957 Act" substitute "the Summary Appeal Court, the determination of an appeal to the High Court under section 148(2) of the Armed Forces Act 2006";

(c)   in paragraph (c) for the words from "a Standing Civilian Court" to the end substitute "the Service Civilian Court, the determination of an appeal to the Court Martial or of an appeal from the Court Martial to the Court Martial Appeal Court."

(4) In subsection (4)—

(a)   for paragraph (d) substitute—

"(d) create service offences punishable by any of the punishments mentioned in the Table in section 163 of the Armed Forces Act 2006,";

(b)   in paragraph (e) for the words from "1955 Acts" to "Armed Forces Act 1976 (c. 52)" substitute "Court Martial Appeals Act 1968 or the Armed Forces Act 2006".

(5) For subsections (5) and (6) substitute—

    "(5A)   Where an order under this section creates an offence punishable with imprisonment, the maximum term it may authorise is two years."

Anti-terrorism, Crime and Security Act 2001 (c.24)

19E  In Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (forfeiture of terrorist cash), in paragraph 16(3)(a) (case where compensation order made), after "2000 (c. 6)," insert "or in pursuance of a service compensation order under the Armed Forces Act 2006,".

Proceeds of Crime Act 2002 (c.29)

19F  In section 308(4)(a) of the Proceeds of Crime Act 2002 (general exceptions), after "2000 (c. 6)" insert "or in pursuance of a service compensation order under the Armed Forces Act 2006".

Railways and Transport Safety Act 2003 (c.20)

19G  In section 90(1) of the Railways and Transport Safety Act 2003 (Crown application etc), for the words from "Her Majesty's" to "Army Act 1955 (c. 18)," substitute "any of Her Majesty's forces (within the meaning of the Armed Forces Act 2006)".

19H  In section 101(1) of that Act (military application), for the words from "Her Majesty's" to "Army Act 1955 (c. 18)" substitute "any of Her Majesty's forces (within the meaning of the Armed Forces Act 2006)".

Extradition Act 2003 (c.41)

19I  In section 3 of the Extradition Act 2003 (arrest under certified Part 1 warrant)—

(a)   for subsections (3) and (4) substitute—

    "(3)   The warrant may be executed by a service policeman anywhere, but only if the person is subject to service law or is a civilian subject to service discipline.";

(b)   omit subsection (6).

19J  In section 5 of that Act (provisional arrest), for subsections (3) to (5) substitute—

    "(3)   A service policeman may arrest a person under subsection (1) only if the person is subject to service law or is a civilian subject to service discipline.

    (4)   If a service policeman has power to arrest a person under subsection (1) he may exercise the power anywhere."

19K  In section 71 of that Act (arrest warrant following extradition request)—

(a)   for subsection (6) substitute—

    "(6)   If a warrant issued under this section—

(a) is directed to a service policeman, and

(b) is in respect of a person subject to service law or a civilian subject to service discipline,

it may be executed anywhere.";

(b)   omit subsection (8).

19L  In section 73 of that Act (provisional warrant)—

(a)   for subsection (7) substitute—

    "(7)   If a warrant issued under this section—

(a) is directed to a service policeman, and

(b) is in respect of a person subject to service law or a civilian subject to service discipline,

it may be executed anywhere.";

(b)   omit subsection (9).

19M  In section 155 of that Act (service personnel) for the words from "military law" to the end substitute "service law."

19N  In section 216 of that Act (interpretative provisions)—

(a)   after subsection (7) insert—

    "(7A)   "Civilian subject to service discipline" has the same meaning as in the Armed Forces Act 2006."

(b)   for subsections (13) and (14) substitute—

    "(13)   "Service policeman" means anyone who is, or by reason of section 365(5) of the Armed Forces Act 2006 is to be treated as, a service policeman for the purposes of that Act.

    (13A)   "Subject to service law" has the same meaning as in that Act."

Sexual Offences Act 2003 (c.42)

19O  In section 81(3)(b) of the Sexual Offences Act 2003 (persons formerly subject to Part 1 of Sex Offenders Act 1997), omit "or a term of service detention".

19P  In section 116 of that Act (qualifying offenders for purposes of section 114)—

(a)   in subsection (2)(c), after "93" insert "or 93A";

(b)   after subsection (2) insert—

    "(2A)   In subsection (2)(c) references to the corresponding civil offence are to be read, in relation to an offence within paragraph 93A of Schedule 3, as references to the corresponding offence under the law of England and Wales."

19Q (1) Section 131 of that Act (young offenders: application) is amended as follows.

(2) In paragraph (a) after "detention and training order" insert "(including an order under section 210 of the Armed Forces Act 2006)".

(3) In paragraph (h) after "2000 (c. 6)," insert "section 208 or 217 of the Armed Forces Act 2006,".

(4) In paragraph (k) after "2003" insert "(including one passed as a result of section 220 of the Armed Forces Act 2006)".

(5) In paragraph (l) for "that Act" substitute "the Criminal Justice Act 2003 (including one passed as a result of section 221 of the Armed Forces Act 2006)".

19R (1) Section 133 (Part 2: general interpretation) is amended as follows.

(2) In subsection (1)—

(a)   for the definition of "order for conditional discharge" substitute—

""order for conditional discharge" means an order under any of the following provisions discharging the offender conditionally—

(a) section 12 of the Powers of Criminal Courts (Sentencing) Act 2000;

(b) Article 4 of the Criminal Justice (Northern Ireland) Order 1996;

(c) section 184 of the Armed Forces Act 2006;

(d) paragraph 3 of Schedule 5A to the Army Act 1955 or Air Force Act 1955 or Schedule 4A to the Naval Discipline Act 1957;";

(b)   in the definition of "the period of conditional discharge" for paragraphs (c) to (e) substitute—

"(c) section 184(2) of the Armed Forces Act 2006;";

(c)   after the definition of "risk of sexual harm order" insert—

""service detention" has the meaning given by section 364 of the Armed Forces Act 2006;";

(d)   omit the definition of "term of service detention".

(3) In subsection (1A) after paragraph (b) insert—

"(ba) Schedule 4 to the Armed Forces Act 2006 (including as applied by section 16(2) of the Court Martial Appeals Act 1968),".

19S  In section 134(1) of that Act (conditional discharges and probation orders), after paragraph (c) insert—

"(ca) section 186(1) of the Armed Forces Act 2006 (conviction with absolute or conditional discharge deemed not to be a conviction);".

19T (1) Section 137 of that Act (service courts) is amended as follows.

(2) In subsection (1)(d), for the words from "the offence under section 70" to the end 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 (within the meaning given by that section) is that offence."

(3) In subsection (4) for "a court-martial or Standing Civilian Court" substitute "the Court Martial or the Service Civilian Court".

(4) After that subsection add—

    "(5)   In subsection (1)(a) the reference to a service court includes a reference to the following—

(a) the Court Martial Appeal Court;

(b) the Supreme Court on an appeal brought from the Court Martial Appeal Court;

(c) a court-martial;

(d) a Standing Civilian Court."

19U (1) Schedule 3 to that Act (sexual offences for purposes of Part 2) is amended as follows.

(2) In paragraph 93—

(a)   in sub-paragraph (2) omit "service";

(b)   after that sub-paragraph add—

    "(3)   In sub-paragraph (2), the reference to detention is to detention awarded under section 71(1)(e) of the Army Act 1955 or Air Force Act 1955 or section 43(1)(e) of the Naval Discipline Act 1957."

(3) After that paragraph insert—

"93A (1) 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 in any of paragraphs 1 to 35.

(2) A reference in any of those paragraphs to being made the subject of a community sentence of at least 12 months is to be read, in relation to an offence under that section, as a reference to—

(a)   being made the subject of a service community order or overseas community order under the Armed Forces Act 2006 of at least 12 months; or

(b)   being sentenced to a term of service detention of at least 112 days.

(3) Section 48 of that Act (attempts, conspiracy, incitement and aiding and abetting outside England and Wales) applies for the purposes of this paragraph as if the reference in subsection (3)(b) to any of the following provisions of that Act were a reference to this paragraph."

19V  In Schedule 5 to that Act (other offences for purposes of Part 2), after paragraph 172 insert—

"172A (1) 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 in any of paragraphs 1 to 63A.

(2) Section 48 of that Act (attempts, conspiracy, incitement and aiding and abetting outside England and Wales) applies for the purposes of this paragraph as if the reference in subsection (3)(b) to any of the following provisions of that Act were a reference to this paragraph."'.

 
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 29 Mar 2006