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| | Clause 51, page 22, line 30, at end insert— |
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| | | ‘(1A) | For the purposes of subsection (1) an offence is committed by a civilian if it is |
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| | | committed by a person who, at the time when it is committed, is a civilian subject |
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| | Clause 51, page 22, line 37, leave out subsection (3) and insert— |
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| | | ‘(3) | For the purposes of subsection (2)(a) an offence under section 42 is “indictable- |
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| | | only” if the corresponding offence under the law of England and Wales is under |
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| | | that law an offence which, if committed by an adult, is triable only on indictment; |
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| | | but this is subject to subsection (3A). |
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| | | (3A) | Where the defendant is aged under 18 at the time a decision under section 278 is |
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| | | made, an offence under section 42 is “indictable-only” for the purposes of |
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| | | subsection (2)(a) above if (and only if)— |
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| | | (a) | the corresponding offence under the law of England and Wales is murder, |
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| | | manslaughter or an offence under section 5 of the Domestic Violence, |
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| | | Crime and Victims Act 2004 (c. 28) (causing or allowing death of child |
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| | | (b) | section 226 (firearms offences) would apply if the accused were |
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| | | convicted by the Court Martial of the offence under section 42.’. |
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| | | Clause, as amended, Agreed to. |
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| | | Clauses 52 and 53 Agreed to. |
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| | | Clauses 54 to 66 Agreed to. |
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| | [Adjourned till Wednesday at 9.45 a.m. |
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