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SCHEDULE 9 - ASSESSORS OF COMPENSATION FOR MISCARRIAGES OF JUSTICE
945. Clause 275 provides for the Secretary of State to make compensation payments when a person convicted by the Court Martial subsequently has his conviction reversed, or is pardoned. When under that clause the Secretary of State decides that a convicted person does have a right to a compensation payment the amount of the payment is assessed by assessors. This Schedule sets out various matters to do with assessors.
946. Paragraph 1 sets out who may be appointed as an assessor of compensation. The criteria are the same as for those appointed for the purposes of the scheme in relation to the civilian courts, and the qualifications include holding certain legal qualifications and being a member of the Criminal Injuries Compensation Board.
947. Paragraph 3 stipulates that a person shall cease to hold office as an assessor if he no longer has the necessary qualification under paragraph 1 or attains the age of 72. However, even if one of these conditions exists the Secretary of State may nevertheless allow the individual to continue to hold office as an assessor if he thinks that it is in the interests of the efficient operation of clause 275 to do so.
948. Paragraph 4 gives the assessor the right to resign and provides that his resignation must be in writing; and paragraph 5 allows the Secretary of State to remove an assessor in certain prescribed circumstances, such as following a conviction of the assessor for a criminal offence.
949. Paragraph 6 provides that where the Secretary of State proposes to remove an assessor under paragraph 5, he may only do so with the consent of the Lord Chancellor or the Lord President of the Court of Session as the case may be, depending upon which qualification for the office the assessor holds. For example, an assessor who is an advocate or solicitor in Scotland may only be removed from office with the consent of the Lord President of the Court of Session.
950. Paragraph 7 provides for the remuneration and allowances of assessors to be determined by the Secretary of State.
SCHEDULE 10 - PROCEEDINGS OF THE SERVICE CIVILIAN COURT
951. Paragraph 1 provides that the Service Civilian Court must sit in open court, that is, in public, subject to any provision made by SCC rules (that is, rules made under clause 287).
952. Paragraph 2 deals with what the court does if a question arises at a trial either as to whether a defendant is fit to stand trial or where it appears the defendant did the act or made the omission charged as the offence and a question arises as to whether he was insane at that time. In either case the court must refer the charge to the Court Martial for trial by that court.
953. Paragraph 3 says that a witness and any other person who has a duty to attend the court is entitled to the same privileges and immunities as a witness before a magistrates' court in England and Wales.
SCHEDULE 11 - DETENTION ETC OF PERSONS IN OVERSEAS SERVICE HOSPITALS
954. This Schedule provides the framework for powers temporarily to detain, assess and treat a person overseas who is subject to service law or service discipline where it is considered that the person is suffering from a mental disorder. The powers, duties and obligations derived pursuant to the Schedule are similar to those available to the medical authorities within England and Wales and are loosely based upon the provisions of the 1983 Act.
955. Paragraph 2 contains the main powers in the Schedule to admit persons to, and detain them temporarily in, overseas service hospitals (i.e. service hospitals outside the British Islands: see paragraph 12) for assessment or treatment. The powers in paragraph 2 apply to persons subject to service law, or civilians subject to service discipline, who are outside the British Islands (paragraph 2(1)).
956. The person's CO can make an order under paragraph 2(3) for the person to be detained in (or admitted to and detained in) an overseas service hospital on the
recommendation of 2 registered medical practitioners. Such an order has effect for 28 days (paragraph 3(2)(a)).
957. If the case is urgent, the CO can make an order under paragraph 2(3) on the recommendation of one registered medical practitioner, but such an order has effect for only 5 days (paragraph 3(2)(b)).
958. If an order under paragraph 2(3) is made on the recommendation of one registered medical practitioner, the CO can, under paragraph 2(5), make a further order in relation to the person if another recommendation is produced to him while the paragraph 2(3) order is in force. The paragraph 2(5) order has effect for 28 days from the date of the paragraph 2(3) order (see paragraph 3(3)).
959. Paragraph 3(4) sets out the effects of an order under paragraph 2. Paragraph 3(4)(c) gives authority for the person to be taken back to the United Kingdom for further assessment or treatment. But in that case the order has effect for a maximum of 24 hours after the person's arrival back in the United Kingdom (paragraph 3(5)).
960. Recommendations under paragraph 2 must include a statement that the registered medical practitioner is satisfied that all the relevant conditions are met in the case of the person (paragraph 4(1)). Paragraph 1 sets out the relevant conditions.
961. Where an order is made under paragraph 2(3) on the recommendation of only one registered medical practitioner, the recommendation must include a further statement relating to the urgency of the situation (paragraph 4(2)).
962. Paragraph 5 enables any authorised officer to exercise the CO's powers under paragraph 2 if the CO is not available. "Authorised" is defined in paragraph 5(3). But note that the power in paragraph 5 cannot be used in the case of a civilian subject to service discipline (paragraph 5(1)).
963. Paragraph 6 confers a regulation-making power on the Secretary of State to enable persons to apply to revoke an order under paragraph 2. Such an application could be made immediately after the paragraph 2 order is made (paragraph 6(1)). The persons hearing the application would be able to confirm the order or revoke it and order the person's immediate release (paragraph 6(3)).
964. Paragraph 7 applies in the case of persons subject to service law, or civilians subject to service discipline, who are currently patients in an overseas service hospital (paragraph 7(1)). The purpose of the paragraph is to enable the CO of the service hospital to detain the patient in the hospital for a short period while an order under paragraph 2(3) is sought in relation to the patient (paragraph 7(3)).
965. A person can be detained under this power for a maximum of 24 hours (paragraph 7(4) to (7)).
966. The power in paragraph 7 applies only if a registered medical practitioner decides that all the relevant conditions are met, or a prescribed person decides that all the relevant conditions appear to be met, in the case of the patient (paragraph 7(1)). "Prescribed person" means a person of a description prescribed by regulations made by the Secretary of State (paragraph 7(9)). The regulations might, for example, prescribe nurses.
967. Paragraph 8 contains another power whose purpose is to enable a person subject to service law, or a civilian subject to service discipline, outside the British Islands to be detained for a short period in an overseas service hospital while an order under paragraph 2(3) is sought in relation to him.
968. Paragraph 8 enables a service policeman, in the circumstances specified in paragraph 8(1), to enter service living accommodation (see paragraph 12(3)) and remove a person to an overseas service hospital (paragraph 8(2)). The CO of the service hospital can then detain the person for a maximum of 24 hours (paragraph 8(4) to (7)) while the paragraph 2(3) order is sought.
969. Paragraph 8(3) requires the service policeman, if reasonably practicable, to be accompanied by a registered medical practitioner or a person of a description prescribed by regulations made by the Secretary of State. The accompanying person can assist the service policeman to enter the accommodation and to remove the person to the service hospital.
970. Paragraph 9 contains a power similar to that in paragraph 8. It applies where a service policeman finds in a relevant place outside the British Islands a person appearing to him to be a person subject to service law or a civilian subject to service discipline and the other conditions in paragraph 9(1) are met.
971. "Relevant place" means, broadly-speaking, a public place or premises (other than service living accommodation) occupied or controlled for the purposes of HM forces (paragraph 9(8)).
972. Again, the service policeman may remove the person to an overseas service hospital (paragraph 9(2)) and the CO of the hospital can detain the person there for a maximum of 24 hours (paragraph 9(3) to (6)) while the paragraph 2(3) order is sought. Paragraph 9 contains no requirement akin to paragraph 8(3).
973. Paragraph 10 enables a person exercising a power under the Schedule to use reasonable force, if necessary, in exercise of the power.
974. Paragraph 11 deems a person being conveyed, removed or detained by virtue of a provision of the Schedule to be in service custody. This would enable rules under clause 298 (service custody etc rules) to be made applying to the conveyance, removal or detention of the person under the Schedule.
SCHEDULE 12 - AMENDMENTS RELATING TO RESERVE FORCES
975. Some provisions in RFA 96 are directly modelled on provisions in the SDAs. Where provisions in this Bill (by terminology or policy) have changed what is currently in the SDAs, amendments to RFA 96 are required. This Schedule sets out the required changes to the RFA96 so as to align its policy and provisions with those in the Bill.
SCHEDULE 13 - CIVILIANS SUBJECT TO SERVICE DISCIPLINE
Part 1 - Civilians subject to service discipline
976. Paragraph 2: Persons in one of Her Majesty's ships afloat
977. Paragraph 3: Persons in service custody etc
978. Paragraph 4: Crown servants in designated area working in support of Her Majesty's forces
979. Paragraph 5: Persons working for specified military organisations
980. Paragraph 6: Persons in designated area who are members or employees of other specified organisations
981. Paragraph 7: Persons designated by or on behalf of the Defence Council
982. Paragraph 8: Persons residing or staying with person subject to service law in designated area. This paragraph provides that a person who resides or stays with a person subject to service law in a designated area is subject to service discipline while in that designated area.
983. Paragraph 9: Persons residing or staying with person falling within paragraph 4 or 6 in designated area
984. Paragraph 10: Persons residing or staying with person falling within paragraph 5
Part 2 - Exclusion and Definitions
985. Paragraph 11: Exclusion. Paragraph 11 provides that a person who is not a United Kingdom national is not within any of paragraphs 4 to 10 at a time when he is in a country of which he is a national or in which he is ordinarily resident. This exclusion does not have effect in relation of any of paragraphs 1 to 3 of this Schedule.
986. Paragraphs 12 and 13: Definitions. Paragraph 12 defines "designated area" as being an area outside the British Islands which is designated by order of the Secretary of State. Note that a designated area may consist of two or more areas (even areas which are not contiguous).
987. Paragraph 13 slightly extends the meaning of "residing or staying with" a person for the purposes of the Schedule so as to include being about to reside or stay with, or departing after residing or staying with a person.
SCHEDULE 14 - MINOR AND CONSEQUENTIAL AMENDMENTS
988. This Schedule sets out some of the amendments to other Acts that are required as a result of the provisions of this Bill. The amendments set out in this Schedule generally are more substantial than simple changes of names or references to Acts (which will be covered in orders made under the power to make further amendments and repeals at clause 369), and include the substitution of or addition to provisions in the listed Acts.
SCHEDULE 15 - REPEALS
989. This Schedule will be supplemented by orders made under the power of clause 369 (power to make further amendments and repeals).
FINANCIAL EFFECTS OF THE BILL
990. Implementation of a new system of service law proposed in the Bill is likely to incur modest additional costs which will be met within the existing Ministry of Defence budget. No other net additional costs are expected.
EFFECTS OF THE BILL ON PUBLIC SECTOR MANPOWER
991. The measures within the Bill will draw upon existing resources.
EUROPEAN CONVENTION ON HUMAN RIGHTS
992. Section 19 of the Human Rights Act 1998 requires the Minister in charge of a Bill in either House of Parliament to make a statement before Second Reading about the compatibility of the provisions of the Bill with the Convention rights (as defined by section 1 of that Act). The Secretary of State for Defence (Rt Hon Dr John Reid MP) has made the following statement:
"In my view the provisions of the Armed Forces Bill are compatible with the Convention rights."
993. The continuation provision of the Bill (clause 371) will come into force on Royal Assent as will the provisions in clauses 363 and 372, 373 and 375. The remaining provisions will be brought into force by a commencement order, or orders, made by the Secretary of State on dates yet to be determined.
GLOSSARY OF TERMS USED IN THE NOTES
Where the Notes above do not give an explanation, a brief explanation is given in the second column of the table below. Where an explanation is given in the Notes above, the third column of the table refers to the relevant paragraph (In some of these cases a brief explanation is also given in the second column)
TABLE OF COMPARATIVE RANKS
|© Parliamentary copyright 2005||Prepared: 6 December 2005|