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

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Mr Don Touhig

88

Schedule     14,     page     234,     line     17,     leave out from beginning to end of line 18 and insert—

    '(1) Section 34 of that Act (meaning of "life sentence" for purposes of Chapter 2 of Part 2) is amended as follows.

    (2) In subsection (2)—'.

   

Mr Don Touhig

89

Schedule     14,     page     234,     line     27,     at end insert—

    '(3) Omit subsection (3).

    11A  In section 47(4) of that Act (application of section 47), at the end of paragraph (b) insert "or" and for paragraphs (c) and (d) substitute—

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

    11B  In section 57 of that Act (extent etc), for subsection (8) substitute—

          "(8)   Nothing in subsection (4) above affects the extent of section 47 of this Act so far as it confers a power on the Court Martial or the Court Martial Appeal Court."'.

   

Mr Don Touhig

90

Schedule     14,     page     234,     line     35,     at end insert—

      'Police Act 1997 (c.50)

    12A (1) Section 93 of the Police Act 1997 (authorisations to interfere with property etc) is amended as follows.

    (2) In subsection (3)(aa) for "Royal Navy Regulating Branch" substitute "Royal Navy Police".

    (3) In subsection (5)(eb) for "Royal Navy Regulating Branch" substitute "Royal Navy Police".

    (4) In subsection (6A)(a) for "subject to service discipline" substitute "who is subject to service law or is a civilian subject to service discipline".

    (5) For subsection (6B) substitute—

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

    12B  In section 94(2)(db) of that Act (authorisations given in absence of authorising officer), for "Royal Navy Regulating Branch" substitute "Royal Navy Police".

    12C  In section 108(1) of that Act (interpretation of Part 3), in the definition of "criminal proceedings", for paragraphs (a) to (c) substitute "proceedings (whether or not before a court) in respect of a service offence within the meaning of the Armed Forces Act 2006;".

    12D  In section 113B(10) of that Act (enhanced criminal record certificates: meaning of "police force"), for paragraphs (a) and (b) substitute—

          "(a) the Royal Navy Police;".

      Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6))

    12E (1) Article 71 of the Race Relations (Northern Ireland) Order 1997 (application to Crown etc) is amended as follows.

    (2) In paragraph (8)—

            (a)   in sub-paragraph (a) for the words from "a complaint" to "those procedures" substitute "a service complaint in respect of the act complained of";

            (b)   in sub-paragraph (b) for "complaint" substitute "service complaint".

    (3) In paragraph (10) for "the service redress procedures" substitute "the service complaint procedures".

    (4) In paragraph (12), for the definition of "the service redress procedures" substitute—

            ""service complaint" means a complaint under section 330 of the Armed Forces Act 2006;

            "the service complaint procedures" means the procedures prescribed by regulations under that section;".

      Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (S.I. 1997/1183 (N.I. 12))

    12F  In Part 1 of Schedule 1 to the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (compensation payments), in paragraph 2 after "1994" insert "or section 174 of the Armed Forces Act 2006".

      Landmines Act 1998 (c.33)

    12G  In section 5(7) of the Landmines Act 1998 (international military operations), in the definition of "Her Majesty's armed forces" for "Army Act 1955" substitute "Armed Forces Act 2006".

      Crime and Disorder Act 1998 (c.37)

    12H  In section 38(4)(h) of the Crime and Disorder Act 1998 (youth justice services), after "detention and training order" insert "(including an order under section 210 of the Armed Forces Act 2006)".

    12I  In section 41(5) of that Act (functions of Youth Justice Board)—

            (a)   in paragraph (i), for sub-paragraphs (i) and (ii) substitute—

          "(i) secure accommodation, within the meaning given by section 107 of the Powers of Criminal Courts (Sentencing) Act 2000, for the purpose of detaining persons subject to orders under section 100, 104(3)(a) or 105(2) of that Act or section 210 or 213 of the Armed Forces Act 2006;

          (ii) accommodation which is or may be used for the purpose of detaining persons sentenced under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 208 or 217 of the Armed Forces Act 2006;";

            (b)   in paragraph (j), for sub-paragraphs (i) and (ii) substitute—

          "(i) secure accommodation, within the meaning given by section 107 of the Powers of Criminal Courts (Sentencing) Act 2000, to be used for detaining a person in accordance with a determination under section 102(1), 104(3)(a) or 105(2) of that Act or section 213(3) of the Armed Forces Act 2006; or

          (ii) accommodation to be used for detaining a person in accordance with a direction by the Secretary of State under section 92 of the Powers of Criminal Courts (Sentencing) Act 2000 or a determination by the Secretary of State under section 209 or 217(3) of the Armed Forces Act 2006;".

    12J  In Schedule 3 to that Act (procedure where persons sent for trial under section 51), in paragraph 9(5) (definition of "previous conviction") for paragraph (b) substitute—

          "(b) a previous conviction of a service offence within the meaning of the Armed Forces Act 2006 ("conviction" here including anything that under section 366(1) and (2) of that Act is to be treated as a conviction)."

      Human Rights Act 1998 (c.42)

    12K  In section 4(5)(c) of the Human Rights Act 1998 (declaration of incompatibility), for "Courts-Martial Appeal Court" substitute "Court Martial Appeal Court".

    12L  In section 5(5) of that Act (right of Crown to intervene), for "Courts-Martial Appeal Court" substitute "Court Martial Appeal Court".

      Youth Justice and Criminal Evidence Act 1999 (c.23)

    12M  In section 44(13)(c) of the Youth Justice and Criminal Evidence Act 1999 (reporting restrictions on alleged offences involving persons under 18: meaning of "person subject to service law"), for sub-paragraphs (i) and (ii) substitute—

          "(i) a person subject to service law within the meaning of the Armed Forces Act 2006; or

          (ii) a civilian subject to service discipline within the meaning of that Act."

    12N  In section 63(1) of that Act (interpretation of Part 2), in the definition of "service court", for paragraphs (a) to (c) substitute—

          "(a) the Court Martial;

          (b) the Service Civilian Court; or

          (c) the Court Martial Appeal Court."

    12O  In section 68 of that Act (extent etc), omit subsection (10).

    12P  In Schedule 7 to that Act (transitional provision), in paragraph 6(6)—

            (a)   in paragraph (a) for the words from "the prosecuting authority" to the end substitute "the charge is brought under section 121 of the Armed Forces Act 2006;".

            (b)   for paragraph (b) substitute—

          "(b) proceedings on appeal are to be taken to be instituted—

          (i) in the case of an appeal under the Court Martial Appeals Act 1968, when the application for leave to appeal is lodged in accordance with section 9 of that Act;

          (ii) in the case of an appeal under section 284 of the Armed Forces Act 2006 (except one for which leave is required), when the notice of appeal is given;

          (iii) in the case of an appeal under that section for which leave is required, when the application for leave to appeal is lodged;

          (iv) in the case of a reference under section 34 of the Court Martial Appeals Act 1968 or section 12A or 12B of the Criminal Appeal Act 1995, when the reference is made."

      Welfare Reform and Pensions Act 1999 (c.30)

    12Q  In section 44(1)(a) of the Welfare Reform and Pensions Act 1999 (disapplication of restrictions on alienation), for the words from "section 203(1) and (2) of the Army Act 1955" to "1957" substitute "section 349 of the Armed Forces Act 2006".'.

   

Mr Don Touhig

91

Schedule     14,     page     234,     line     36,     at end insert—

    '12R (1) Section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 (determination of tariffs for discretionary life sentences) is amended as follows.

    (2) In subsection (3)(b) for the words from "below" to "custody)" substitute "(crediting periods of remand in custody) or under section 245 of the Armed Forces Act 2006 (equivalent provision for service courts)".

    (3) In each of subsections (7) and (8) for "a court-martial" substitute "the Court Martial".

    12S  In section 99 of that Act (conversion of sentence of detention to sentence of imprisonment)—

            (a)   in subsection (5) after paragraph (a) insert—

          "(aa) a sentence of detention under section 208 or 217 of the Armed Forces Act 2006,";

            (b)   after that subsection add—

          "(6)   References in this section to a sentence under section 226 or 228 of the Criminal Justice Act 2003 include such a sentence passed as a result of section 220 or 221 of the Armed Forces Act 2006."'.

   

Mr Don Touhig

92

Schedule     14,     page     234,     line     37,     leave out from first 'of' to '(which' and insert 'that Act'.

 
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