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

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Mr Don Touhig

65

Schedule     12,     page     227,     line     17,     leave out from beginning to 'subsection' in line 18 and insert—

     '(1) Section 98 of that Act (trial and punishment of offences of desertion or absence without leave) is amended as follows.

    (2) In subsection (1)—

            (a)   for the words from "section 37" to "1957" substitute "section 8 or 9 of the Armed Forces Act 2006";

            (b)   for "as well as by court-martial" substitute "(as well as being triable by the Court Martial)".

    (3) In subsection (2)—

            (a)   for "court-martial" substitute "the Court Martial";

            (b)   for the words from "service law" to the end substitute "section 8 or 9 (as the case may be) of the Armed Forces Act 2006."

    (4) In subsection (3)(b) for "service law of desertion or absence without leave" substitute "section 8 or 9 of the Armed Forces Act 2006".

    (5) In subsection (4)(a)—

            (a)   for "court-martial" substitute "the Court Martial";

            (b)   for "service law of absence without leave" substitute "section 9 of the Armed Forces Act 2006".

    (6) Omit subsection (5).

    (7) After'.

   

Mr Don Touhig

66

Schedule     12,     page     227,     line     23,     at end insert—

    '3A  For section 100 of that Act (arrest of deserters etc) substitute—

          "100A   Arrest by civilian police of deserters and absentees without leave

          (1)   An officer of a UK police force may arrest without warrant a person who is reasonably suspected of being a member of a reserve force, or a person liable to recall, who has deserted or is absent without leave.

          (2)   If an authorised person is satisfied by evidence given under oath or affirmation that a relevant suspect is or is reasonably suspected of being within his jurisdiction, he may issue a warrant for the arrest of the relevant suspect.

          (3)   In subsection (2)—

            "authorised person" means a person who has authority in England and Wales, Scotland or Northern Ireland to issue a warrant for the arrest of a person suspected of an offence;

            "relevant suspect" means a person reasonably suspected of being a member of a reserve force, or a person liable to recall, who has deserted, is absent without leave or has committed an offence under section 95.

          (4)   In this section "UK police force" has the meaning given by section 365 of the Armed Forces Act 2006."

    3B  Omit section 102 of that Act (record of illegal absence).

    3C  In section 104 of that Act, omit subsection (3).

    3D (1) Section 105 of that Act (trial of offences by civil court) is amended as follows.

    (2) In subsection (1) for "which is triable by court-martial is also" substitute "is (as well as being triable by the Court Martial)".

    (3) Omit subsection (2).

    (4) In subsection (3) for "an offence under service law (other than an offence of desertion or absence without leave)" substitute "any service offence (other than an offence under this Act or an offence mentioned in section 98(1))".

    3E  Omit section 106 of that Act.'.

   

Mr Don Touhig

67

Schedule     12,     page     227,     line     25,     after '(1)' insert '— (i)'.

   

Mr Don Touhig

68

Schedule     12,     page     227,     line     26,     at end insert—

            '(ii) for "under service law" substitute "a service offence";'.

   

Mr Don Touhig

69

Schedule     12,     page     227,     line     31,     at end insert—

    '4A  In section 108 of that Act (evidence) for subsections (1) and (2) substitute—

          "(1A)   The Secretary of State may by regulations make provision with respect to evidence, including the admissibility of evidence, in proceedings before a civil court for an offence under this Act.

          (1B)   Regulations under subsection (1A) shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament."

    4B  Omit section 124 of that Act (exemption from tolls etc).

    4C  Omit section 126 of that Act (amendments relating to transfers to reserves etc).'.

   

Mr Don Touhig

70

Schedule     12,     page     227,     line     32,     leave out from beginning to 'subsection' and insert—

    '(1) Section 127 of that Act (interpretation) is amended as follows.

    (2) In subsection (1)—

            (a)   omit the definition of "regular air force";

            (b)   for the definition of "regular army" substitute—

            ""the regular army" has the meaning given by section 364 of the Armed Forces Act 2006;";

            (c)   in the definition of "regular services" for "regular air force" substitute "Royal Air Force";

            (d)   for the definition of "service law" substitute—

            ""service offence" has the meaning given by section 50 of the Armed Forces Act 2006;".

    (3) After'.

   

Mr Don Touhig

71

Schedule     12,     page     227,     line     36,     at end insert—

          '(4)   Section 163(2) and (3) of the Armed Forces Act 2006 apply in relation to section 95(2)(a) of, and paragraph 5(3) of Schedule 1 to, this Act."'.

   

Mr Don Touhig

72

Schedule     12,     page     228,     line     14,     leave out sub-paragraph (5) and insert—

    '(5) In paragraph 5—

            (a)   in sub-paragraph (1) omit "or recklessly";

            (b)   in sub-paragraph (2) for "subject to service law" substitute "a member of the reserve forces";

            (c)   in sub-paragraph (3) for the words from "has since" to the end substitute "becomes a member of the reserve forces is liable on conviction by the Court Martial to any punishment mentioned in rows 2 to 12 of the Table in section 163 of the Armed Forces Act 2006.";

            (d)   after that sub-paragraph add—

          "(4)   For the purposes of determining the Court Martial's powers when sentencing an offender to whom Part 2 of Schedule 3 to the Armed Forces Act 2006 (ex-servicemen etc) applies for an offence under sub-paragraph (1), sub-paragraph (3) has effect as if the reference to rows 2 to 12 were to rows 2 to 10.

        (5) Where an offence under sub-paragraph (1) is committed by a person within sub-paragraph (3), the time for which he is for the purposes of section 62 of the Armed Forces Act 2006 (time limits for charging) to be regarded as being a relevant reservist (within the meaning of that section) includes the period from (and including) the time he committed the offence to the time he became a member of the reserve forces."

    (5A) In paragraph 6(1) for "a court-martial" substitute "the Court Martial".'.

   

Mr Don Touhig

73

Schedule     12,     page     228,     line     15,     at end insert—

    '7  Omit Schedule 2 to that Act (deserters and absentees without leave).

     Omit Schedule 3 to that Act (evidence).

     Omit Schedule 7 to that Act (postponement of transfer to the reserves or discharge from the reserves).

    10  In Part 2 of Schedule 9 to that Act (transitional provisions) omit paragraphs 22 and 23.

    11  In Schedule 10 to that Act (minor and consequential amendments) omit paragraphs 1 to 13 and 23.'.


   

Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns

175

*Clause     355,     page     178,     line     21,     leave out 'may' and insert 'shall'.

   

Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns

176

*Clause     355,     page     178,     line     31,     at end insert—

    '(2A)   A person may not be appointed Director unless he has knowledge and experience in relation to military justice issues and an understanding of their relevance to the role of Her Majesty's forces.

    (2B)   The Secretary of State shall first consult with the Attorney General before tendering his recommendation to Her Majesty.'.

   

Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns

174

*Clause     355,     page     178,     line     31,     at end insert—

    '(2C)   The Secretary of State shall appoint a person to be Deputy Director of Service Prosecutions.

    (2D)   A person may be appointed as the Director of Service Prosecutions only if he—

      (a) has a five year 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 of at least five years' standing;

      (c) is a member of the Bar of Northern Ireland, or a solicitor of the Supreme Court of Northern Ireland, of at least five years' standing;

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

      (e) is a member of the regular forces or the reserve forces who is rendering continuous full-time service;

      (f) holds a rank not lower than the rank of commander, lieutenant-colonel or wing commander.

    (2E)   The Deputy Director has all the powers of the Director but must exercise them subject to his direction and control.

    (2F)   A person appointed as Director holds office until the end of the year of service in which he attains the age of 65 or such later time as the Secretary of State may specify.

    (2G)   But the Director—

      (a) may resign by notice in writing to the Secretary of State, and

      (b) may be removed from office in accordance with section [Termination of appointment].

    (2H)   If the office of Director is vacant or the Director is not available to exercise his functions, the Deputy Director has all the functions of the Director.

    (2I)   If the office of Deputy Director becomes vacant, the Secretary of State may appoint a member of staff of the Service to act as Deputy Director, on such terms as to tenure as the Secretary of State determines, pending a new appointment.

    (2J)   The Secretary of State must pay to or in respect of the Director, the Deputy Director and any person appointed to act as Deputy Director any such—

      (a) salary,

      (b) allowances, or

      (c) sums for the provision of pensions,

    as the Secretary of State may determine.'.

 
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Prepared 30 Mar 2006