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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.'. |
British Armed Forces Federation
Mr Kevan Jones
NC23
To move the following Clause:—
'(1) There shall be a British Armed Forces Federation (in this section referred to as "the Federation").
(2) Membership of the Federation shall be open to all serving and retired members of Her Majesty's Armed Regular and Reserve Armed Forces.
(3) The Federation's primary purpose shall be to—
| (a) | foster and promote the professional, |
interests of its members.'.
Military Complaints Commissioner
Mr Kevan Jones
NC24
To move the following Clause:—
'(1) There shall be a Military Complaints Commissioner (in this section referred to as "the Commissioner").
(2) The Commissioner shall exercise his powers under this Act in such manner and to such extent as appears to him to be best calculated to secure—
| (a) | the efficiency, effectiveness and independence of the military complaints system; and |
| (b) | the confidence of the public and of members of the Armed Forces in that system. |
(3) Any member of Her Majesty's Armed Forces, or member of the public shall be entitled to make a complaint to the Military Complaints Commissioner.
(4) The Commissioner shall investigate—
| (a) | all non-combat Service deaths or serious injuries, |
| (b) | all serious complaints, |
| (c) | any complaint made to him that he determines requires investigation. |
(5) If the complaint is a serious complaint, the Commissioner shall formally investigate it in accordance with subsection (7).
(6) In the case of any other complaint, the Commissioner may as he thinks fit—
| (a) | formally investigate the complaint in accordance with subsection (7); or |
| (b) | refer the complaint to the appropriate Commanding Officers or Higher Authority; or |
| (c) | dismiss the complaint. |
(7) Where the Commissioner conducts a formal investigation he shall—
| (a) | inform the Secretary of State, |
| (b) | be given access to all documents and persons as he sees fit, |
| (c) | make a report in accordance to the appropriate Commanding Officers or Higher Authority. |
(8) Where a Commanding Officer or Higher Authority receives a report from the Commissioner under subsection (7) he must act on the information in that report.
(9) As soon as possible after the end of each financial year the Commissioner must make a report to the Secretary of State on—
| (a) | the way in which he has discharged his functions during the year; |
| (b) | what he has found in the course of exercising that function during the year; and |
| (c) | the matters he intends to consider or research during the next financial year. |
(10) The Secretary of State must lay a copy of any report under subsection (8) before each House of Parliament.
(11) In this section, "serious complaint" means a complaint—
| (a) | alleging that the conduct complained of resulted in the death of, or serious injury to, some person; |
| (c) | of such other description as may be prescribed. |
(12) In this section,
"serious injury" means a fracture, damage to an internal organ or impairment of physical or mental bodily function.
"bullying" means actions that cause undue distress, whether intentional or unintentional.
"appropriate Commanding Officers" means—
| (a) | the Commanding Officer of the person making the complaint when the Commissioner makes his report or referral, |
| (b) | the Commanding Officer of any person referred to in the complaint when the Commissioner makes his report or referral, |
| (c) | the Commanding Officer of the person making the complaint when the incident or incidents referred to in the complaint occurred, and |
| (d) | the Commanding Officer of any person referred to in the complaint when the incident or incidents referred to in the complaint occurred. |
"Commanding Officer" has the meaning given in section 364.
"Higher Authority" has the meaning given in section 364.
(13) The Commissioner shall be appointed by Her Majesty.
(14) The person appointed as Commissioner shall not be a serving member of the regular or reserve armed forces.
(15) The Commissioner may employ such persons as he thinks fit to enable him to carry out his functions.'.
Inspector General of Service Police
Mr Gerald Howarth
Roberth Key
Mr David Burrowes
Mr Simon Burns
NC25
*To move the following Clause:—
'(1) The Secretary of State shall appoint an Inspector General of Service Police (the "Inspector General").
(2) A person may not be appointed Inspector General if—
| (a) | he is a member of the regular or reserve forces or has been within the six months prior to appointment; or |
| (b) | he is a civilian subject to service discipline or has been within six months prior to appointment. |
(3) A person may not be appointed Inspector General unless he has knowledge and experience in relation to service policing issues and an understanding of their relevance to the role of Her Majesty's forces.
(4) The Insepector General shall be paid such salary and allowances as the Secretary of State may determine.'.
Functions of the Inspector General
Mr Gerald Howarth
Roberth Key
Mr David Burrowes
Mr Simon Burns
NC26
*To move the following Clause:—
'(1) The Inspector General shall inspect and report to the Secretary of State on the efficiency and effectiveness of every service police force.
(2) The Inspector General shall carry out such other duties for the purpose of furthering service police efficiency and effectiveness as the Secretary of State may from time to time direct.
(3) The Inspector General shall in each year submit to the Secretary of State a report in such form as the Secretary of State may direct, and the Secretary of State shall lay a copy of the report before the House on any of the first fifteen days on which the House is sitting after the Secretary of State receives it.'.
Reports
Mr Gerald Howarth
Roberth Key
Mr David Burrowes
Mr Simon Burns
NC27
*To move the following Clause:—
'(1) Subject to subsection (2), the Secretary of State shall arrange for any report received by him under section [Functions of the Inspector General] (3) to be published in such manner as appears to him to be appropriate.
(2) The Secretary of State may exclude from publication under subsection (1) any part of a report if, in his opinion, the publication of that part—
| (a) | would be against the interests of national security, or |
| (b) | might jeopardise the safety of any person. |
(3) The Secretary of State shall send a copy of the published report to the provost marshal of the service police force to which that report relates.
(4) The provost marshal shall prepare comments on the published report to be published in such a manner as appears to the Secretary of State to be appropriate.'.
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