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| [Third AND FOURTH SittingS]
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| | Clauses 114 and 115 Agreed to. |
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| Clause 116, page 56, line 45, at end insert— |
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| | (a) | where a service policeman refers a case to the Director of Service |
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| | Prosecutions (“the Director”) in accordance with subsection (2), he shall |
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| | immediately notify the person’s commanding officer, setting out the |
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| | basis for his submission to the Director. |
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| | (b) | where a case has been referred to the Director by the service policeman, |
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| | the person’s commanding officer may submit a report to the Director.’. |
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| | Clauses 128 to 141 Agreed to. |
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| Clause 142, page 69, line 14, after ‘of’ insert ‘or on the staff of’. |
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| Clause 142, page 69, line 17, leave out ‘Chaplaincy’ and insert ‘Chaplains’’. |
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| | Clause, as amended, Agreed to. |
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| | Clauses 143 to 153 Agreed to. |
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| Clause 154, page 74, line 32, at end insert— |
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| | ‘( ) | The number of persons comprising the Court Martial in subsection (1)(b) shall |
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| Clause 154, page 74, line 37, at end insert ‘and may include, in prescribed |
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| circumstances, persons serving in a different Service from that to which the accused |
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| Clause 155, page 75, line 15, after ‘of’ insert ‘or on the staff of’. |
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| Clause 155, page 75, line 18, leave out ‘Chaplaincy’ and insert ‘Chaplains’’. |
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| | Clause, as amended, Agreed to. |
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| | Clauses 156 to 158 Agreed to. |
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| Clause 159, page 76, line 20, after ‘majority’, insert ‘of not less than 80 per cent’. |
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| | Clauses 160 and 161 Agreed to. |
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| Clause 162, page 77, line 37, at end insert— |
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| | ‘(ga) | for appeals against any orders (including directions) of the court |
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| | prohibiting or restricting the publication of any matter or excluding the |
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| | public from any proceedings;’. |
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| Clause 162, page 78, line 25, at end insert— |
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| | ‘(8) | Rules made by virtue of paragraph (ga) of subsection (3) may confer jurisdiction |
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| | on the Court Martial Appeal Court, and rules under section 49 of the Court |
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| | Martial Appeals Act 1968 may make provision about the powers of that court in |
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| | relation to appeals made by virtue of that paragraph.’. |
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| | Clause, as amended, Agreed to. |
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| Schedule 3, page 194, line 27, leave out ‘and’. |
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| Schedule 3, page 194, line 28, at end insert ‘; and— |
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| | (c) | he remained a civilian throughout the period between committing the |
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| | offence and being sentenced.’. |
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| | Schedule, as amended, Agreed to. |
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| Clause 164, page 80, line 19, leave out ‘subsection (1)’ and insert ‘this section’. |
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| | Clause, as amended, Agreed to. |
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| | Clauses 165 to 168 Agreed to. |
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| | Clauses 169 to 180 Agreed to. |
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| | Clauses 182 to 205 Agreed to. |
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| | Clauses 206 to 270 Agreed to. |
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| Clause 271, page 134, line 39, at end insert— |
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| | ‘(3) | Within 30 days of a conviction of a person by court-martial the court-martial shall |
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| | transmit a record of proceeding to the Court Martial Appeal Court. |
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| | (4) | Upon receipt of a record of proceedings the Court Martial Appeal Court shall |
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| | (5) | Upon review of the proceedings the Court Martial Appeal Court may, irrespective |
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| | of whether the accused has appealed against finding or sentence or both or not, |
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| | (a) | quash the sentence passed by the Court Martial; or |
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| | (b) | pass in substitution for it any sentence which the Court Martial Appeal |
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| | Court thinks is appropriate and which is a sentence that the Court Martial |
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| | had the power to pass in respect of the offence; or |
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| Schedule 8, page 216, line 17, at end insert— |
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| | ‘34A | In section 33 (witnesses’ expenses) after subsection (1) insert— |
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| | “(1A) | Subsection (1) applies in relation to a registered medical practitioner |
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| | who makes a written report to the Appeal Court in pursuance of a |
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| | request made by the court as it applies in relation to a person who is |
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| | called to give evidence at the instance of the court.”’. |
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| Schedule 8, page 216, line 39, at end insert— |
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| | ‘(j) | to give leave under section 14(4B) of the Criminal Appeal Act 1995 |
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| | (leave to add grounds of appeal on reference by Criminal Cases Review |
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| Schedule 8, page 217, line 40, leave out from beginning to ‘subsection’ and |
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| | ‘(1) | Section 48A (appeals on behalf of deceased persons) is amended as follows. |
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| | (2) | In subsection (1)(b) after “above” insert “or by a reference by the Criminal |
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| | Cases Review Commission”. |
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| Schedule 8, page 217, line 41, at end insert— |
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| | ‘(4) | In subsection (4) at the beginning insert “Except in the case of an appeal begun |
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| | by a reference by the Criminal Cases Review Commission,”.’. |
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| Schedule 8, page 218, line 22, at end insert— |
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| | ‘“the Judge Advocate General”;’. |
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| Schedule 8, page 218, line 34, leave out paragraph (e). |
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| | Schedule, as amended, Agreed to. |
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| Clause 272, page 135, line 4, after ‘if’, insert ‘within 30 days of sentencing’. |
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| | Clauses 273 and 274 Agreed to. |
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| Clause 275, page 137, line 15, leave out ‘or’. |
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| Clause 275, page 137, line 17, at end insert ‘; or |
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| | (c) | on a reference under section 12A of the Criminal Appeal Act 1995.’. |
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| | Clause, as amended, Agreed to. |
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| [Adjourned till tomorrow at 9.45 a.m. |
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