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Powers of the Criminal Cases Review Commission
Mr Don Touhig
NC13
To move the following Clause:—
'Schedule (Powers of the Criminal Cases Review Commission) (powers of the Criminal Cases Review Commission) has effect.'.
Protection of children of service families
Mr Don Touhig
NC14
To move the following Clause:—
'Schedule (Protection of children of service families) (amendments relating to protection of children of service families) has effect.'.
Misconduct towards a subordinate
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
NC1
To move the following Clause:—
'(1) A person subject to service law commits an offence if—
| (a) | he uses violence against a person who by reason of rank or appointment is subordinate to him ("B"); and |
| (b) | he knows or has reasonable cause to believe that B is a subordinate. |
(2) A person subject to service law commits an offence if—
| (a) | his behaviour towards a person who is by reason of rank or appointment subordinate to him ("B") is threatening or disrespectful; and |
| (b) | he knows or has reasonable cause to believe that B is a subordinate. |
(3) For the purposes of this section—
| (a) | the behaviour of a person ("A") towards another person ("B") includes any communication made by A to B (whether or not in B's presence); |
| (b) | "threatening" behaviour is not limited to behaviour that threatens violence. |
(4) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 163, but any sentence of imprisonment imposed in respect of the offence must not exceed—
| (a) | in the case of an offence under subsection (1), or an offence under subsection (2) of behaviour that is threatening, ten years; |
| (b) | in any other case, two years.'. |
Inaccurate certification
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
NC2
To move the following Clause:—
'(1) A person subject to service law or a civilian subject to service discipline commits an offence if—
| (a) | he gives a certificate, makes or signs a record or makes an entry in a record without having ensured its accuracy; and |
| (b) | that certificate, record or entry relates to— |
| (i) | any matter relating to the seaworthiness or fighting efficiency of any of Her Majesty's ships; |
| (ii) | any matter relating to the airworthiness or fighting efficiency of any of Her Majesty's aircraft |
| (iii) | any matter relating to the safety or fighting efficiency of any service material. |
(2) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 163, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.'.
Dangerous conduct
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
NC3
To move the following Clause:—
'(1) A person subject to service law or a civilian subject to service discipline commits an offence if—
| (a) | without lawful excuse he does an act in relation to— |
| (i) | the operation, handling, servicing or storage; and |
| (ii) | the giving of directions with respect to the operation, handling servicing or storage— |
of any of Her Majesty's ships, Her Majesty's aircraft or service material,
| (b) | the act causes, or is likely to cause, injury to a person. |
(2) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 163, but any sentence of imprisonment imposed in respect of the offence must not exceed—
| (a) | where the offender was reckless, ten years; |
| (b) | in any other case, two years.'. |
Unauthorised discharge of a weapon
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
NC4
To move the following Clause:—
'(1) A person subject to service law or a civilian subject to service discipline commits an offence if—
| (a) | he does an act which causes, or contributes to, the discharge of a weapon; |
| (b) | the discharge was not authorised. |
(2) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 163, but any sentence of imprisonment imposed in respect of the offence must not exceed six months.'.
Commanding or ordering a service offence to be committed
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
NC5
To move the following Clause:—
'(1) A person subject to service law commits an offence if—
| (a) | he commands or orders a person to engage in conduct; and |
| (b) | that conduct would constitute the commission of a service offence. |
(2) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 163, but any punishment must exceed the maximum punishment for the last-mentioned offence.'.
Grievance procedure
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
NC6
To move the following Clause:—
'(1) A person subject to service law commits an offence if he undermines or stifles, or seeks to undermine or stifle, any procedure for the redress of grievance.
(2) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 163, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.'.
Unnecessary detention or failure to bring up for investigation
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
NC7
To move the following Clause:—
'(1) A person subject to service law commits an offence if—
| (a) | he unnecessarily detains a person subject to service law or a civilian subject to service discipline in arrest or confinement; or |
| (b) | he fails to bring that other person's case before the proper authority for investigation. |
(2) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 163, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.'.
Disobedience of captain's orders—Her Majesty's Ships
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
NC8
To move the following Clause:—
'(1) A person subject to service law or a civilian subject to service discipline commits an offence if he disobeys any lawful command by the captain of any of Her Majesty's ships in relation to the navigation or handling of the ship or affecting the safety of the ship, whether or not the captain is subject to service law.
(2) For the purposes of this section a person of whatever rank shall, when the person is in a ship, be under the command, in respect of all matters relating to the navigation and handling of the ship or affecting the safety of the ship, of the captain of the ship, whether or not the captain is subject to service law;
(3) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 163, but any sentence of imprisonment must not exceed ten years.'.
Rules of Engagement
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
NC9
To move the following Clause:—
'(1) Where the Armed Forces are to be engaged in an operation the Secretary of State shall draw up a document to be known as The Rules of Engagement ("the Rules").
(2) The Secretary of State shall cause appropriate extracts from the Rules dealing with particular aspects of Rules to be made and set out on cards ("Cards").
(3) When approved by the Defence Council the Rules and any Cards shall have the force of law under this Act.
(4) The Rules and the Cards may be revised by the Defence Council at any time in the course of the operation.
(5) A copy of the Rules shall be distributed to the Commanding Officers of every unit engaged in the operation and to the Service Prosecuting Authorities.
(6) Cards shall be distributed as appropriate by Commanding Officers to all members of the Armed Forces engaged in the operation and to any attached civillians.
(7) It shall be an absolute defence to any charge alleging misconduct to show that the conduct concerned fell within the Rules.
(8) The Secertary of State may direct that the Rules be classified to the degree that he considers necessary for the conduct of operations and shall be exempt from disclosure accordingly.
(9) Cards shall not be classified and copies of them shall be placed in the Libraries of the Houses of Parliament.'.
Conduct after capture by the enemy
Mr Gerald Howarth
Robert Key
Mr David Burrowes
Mr Simon Burns
NC10
To move the following Clause:—
'(1) Subsections (2) and (3) apply to a person subject to service law or a civilian subect to service discipline who has been captured by an enemy.
(2) A person to whom this subsection applies commits an offence if—
| (a) | he engages in conduct with the intention of securing favourable treatment; and |
| (b) | the conduct is detrimental to other persons also captured by an enemy. |
(3) A person to whom this subsection applies commits an offence if—
| (a) | he is in a position of authority over other persons also captured by an enemy; and |
| (b) | he ill-treats those other persons. |
(4) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 163, but any sentence of imprisonment imposed in respect of the offence must not exceed ten years.'.
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