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

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Assistant Inspectors

   

Mr Gerald Howarth
Roberth Key
Mr David Burrowes
Mr Simon Burns

NC28

*To move the following Clause:—

    '(1)   The Secretary of State may appoint assistant inspectors general.

    (2)   Members of a service police force may be appointed by the Secretary of State to be assistant inspectors general.

    (3)   Persons appointed under this section shall be paid such salary and allowances as the Secretary of State may determine.'.


Service Police

   

Mr Gerald Howarth
Roberth Key
Mr David Burrowes
Mr Simon Burns

NC29

*To move the following Clause:—

    '(1)   The Secretary of State shall appoint a serving officer of the Armed Forces to be Principal Provost Marshal with reponsibility for the organisation of all service police, including the appointment of local and assistant Provost Marshals where required and the allocation of responsibities within the service police forces, inlcuding the tasking of Special Investigation Units established in accordance with subsection (4) below.

    (2)   The Principal Provost Marshal shall be directly responsible to the Vice Chief of the Defence Staff for the performance of his duties and for the application of the budget allocated to him.

    (3)   The Principal Provost Marshal shall be subject to inspection by the Inspector General of Service Police appointed in accordance with this Act.

    (4)   Except as otherwise provided in this section in relation to Special Investigation Units members of the service police shall operate under the direction of the Commanding Officer of the formation to which they are attached.

    (5)   The Principal Provost Marshal shall establish units for the purpose of undertaking special investigations ("Special Investigation Units").

    (6)   A Special Investigation Unit shall include, as designated lead member of the unit, a member of the service police holding a rank judged appropriate by the Principal Provost Marshal to the apparent nature of the matter being investigated.

    (7)   A Special Investigation Unit may include persons other than members of the service police.

    (8)   Unless directed otherwise by the Principal Provost Marshal the lead member of the Special Investigation Unit shall keep the Commanding Officer of the unit or formation concerned fully informed of the progress of the investigation.'.


Reserve Forces discrimination

   

Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns

NC30

*To move the following Clause:—

    '(1)   A person commits an offence if he discriminates against any of his employees on the grounds that the employee wishes to be or is a voluntary member of the Reserve Force.

    (2)   A person guilty of an offence under this section is liable on conviction to a fine or imprisonment for a period not exceeding six months.'.


Service Prosecution Authority

   

Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns

NC31

*To move the following Clause:—

    '(1)   There shall be a Service Prosecution Authority.

    (2)   The Service shall consist of—

      (a) the Director of Service Prosecutions,

      (b) the Deputy Director of Service, and

      (c) the members of staff of the service appointed under subsection (4).

    (3)   The Service is to be funded by the Secretary of State.

    (4)   The Director may appoint staff of the Service, but subject to the approval of the Secretary of State as to—

      (a) numbers,

      (b) salary, and

      (c) other conditions of service.

    (5)   The Director may designate any officer who—

      (a) has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41);

      (b) is an advocate or solicitor in Scotland;

      (c) is a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland; or

      (d) has in a relevant territory rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.

    and any person designated under this subsection is to be known as a prosecuting officer.

    (6)   The Director is head of the Service; and the Deputy Director and the prosecuting officers and the other members of staff of the Service are subject to his direction and control.

    (7)   The Director and Deputy Director (if barristers) and prosecuting officers designated under subsection (5)(a) are not prevented from—

      (a) conducting any criminal proceedings, or

      (b) exercising a right of audience in any criminal proceedings,

    by not having been instructed by a solicitor.

    (8)   The Director may set up and maintain such offices as he considers appropriate for the exercise of his functions.


Functions of the Director

   

Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns

NC32

*To move the following Clause:—

    '(1)   The functions of the Director shall be exercised by him independently of any other person.

    (2)   It shall be the duty of the Director—

      (a) to prefer all charges to be tried by court martial and conduct all prosecutions for service offences in proceedings before a court martial;

      (b) to represent the Crown before the Court Martial Appeal Court;

      (c) to give, to such extent as he considers appropriate, advice to service police forces on all matters relating to service offences;

      (d) to discharge such other functions as may from time to time be assigned to him by the Secretary of State in pursuance of this paragraph.

    (3)   The Director may withdraw a charge that has been preferred, but if trial by court martial has commenced, he may only do so with the consent of the court martial.

    (4)   Withdrawing a charge does not preclude it from being proceeded with at any subsequent time.

    (5)   If the Director is satisfied that a charge should not be proceeded with by court martial, he may refer it for disposal by an officer who has jurisdiction to try the accused person by summary trial.

    (6)   If the Director decides that it is in the public interest for a case to be transferred from the service to the civil jurisdiction other than as provided by this Act he shall apply to the High Court for an order for such transfer giving reasons and allowing objections.'.


Code for prosecutors

   

Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns

NC33

*To move the following Clause:—

    '(1)   The Director shall prepare a code of practice for—

      (a) prosecuting officers;

      (b) barristers and solicitors to whom the Director assigns the institution or conduct of service proceedings;

    conduct of service proceedings.

    (2)   The code must include a code of ethics laying down standards of conduct and practice.

    (3)   The code must also give guidance on general principles to be applied—

      (a) in preferring a charge or, where service proceedings have been instituted, whether they should be discontinued, and

      (b) in determining, in any case, what charges should be preferred.

    (4)   The Director may from time to time prepare a new code or make alterations to a code.

    (5)   The Director shall consult with the Attorney General and Secretary of State before issuing or making alterations to the code.

    (6)   The Director must publish each code prepared by him and any alterations which he makes to a code (or the code as altered).'.


Annual Report

   

Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns

NC34

*To move the following Clause:—

    '(1)   The Director shall, as soon as practicable, after the end of each financial year, prepare a report (an "annual report") on how he has exercised his functions during the financial year.

    (2)   The report shall contain—

      (a) a copy of each direction given or guideline provided under section [Code for Prosecutors] during the year to which the report relates;

      (b) a copy of each such direction or guideline in force at the end of that year

    (3)   The Secretary of State shall lay a copy of the report before the House on any of the first 15 days on which the Housing is sitting after the Secretary of State receives it.

    (4)   "Financial year" means—

      (a) the period beginning with the day on which "the Director" is appointed and ending with the first 31st March which falls at least six months after that day; and

      (b) each subsequent period of twelve months beginning with 1st April.'.


Termination of appointment

   

Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns

NC35

*To move the following Clause:—

    '(1)   The Director—

      (a) may be removed from office by either the Secretary of State if a tribunal convened under subsection (4) has reported to him recommending that the Director or Deputy Director be removed on the ground of misbehaviour or inability to perform the functions of the office, and

      (b) may be suspended from office by the Secretary of State (pending a decision whether to remove him) if the tribunal, at any time when it is considering whether to recommend his removal, has recommended to the Secretary of State that he be suspended.

    (2)   If the Director is suspended he may not perform any of the functions of the office until the decision whether to remove him has been taken (but his other rights as holder of the office are unaffected).

    (3)   A tribunal is to consist of—

      (a) a person who holds the office of Lord of Appeal in Ordinary or high judicial office as defined in section 25 of the Appellate Jurisdiction Act 1876 (c. 59) (ignoring for this purpose section 5 of the Appellate Jurisdiction Act 1887 (c. 70)) and does not hold (and has never held) the office of Lord Chief Justice, Lord Justice of Appeal or judge of the High Court, and

      (b) a person who holds or has held, office as a judge of the High Court in England and Wales or a judge of the Court of Session.

    (4)   The selection of the persons to be the members of a tribunal is to be made by the Lord Chancellor.

    (5)   The chairman of a tribunal is the person mentioned in paragraph (a) of subsection (4).

    (6)   The procedure of a tribunal is to be determined by its chairman.

    (7)   The Secretary of State may pay to a member of a tribunal any such allowances or fees as he may determined.'.



 
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Prepared 29 Mar 2006