sc0943003.100-106

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Select Committee Proceedings: 30th March 2006
100

Armed Forces Bill, continued

Reports

Mr Gerald Howarth

Roberth Key

Mr David Burrowes

Mr Simon Burns

Not called  NC27

To move the following Clause:—

‘(1)
Subject to subsection (2), the Secretary of State shall arrange for any report

received by him under section [Functions of the Inspector General] (3) to be

published in such manner as appears to him to be appropriate.

(2)
The Secretary of State may exclude from publication under subsection (1) any

part of a report if, in his opinion, the publication of that part—

(a)
would be against the interests of national security, or

(b)
might jeopardise the safety of any person.

(3)
The Secretary of State shall send a copy of the published report to the provost

marshal of the service police force to which that report relates.

(4)
The provost marshal shall prepare comments on the published report to be

published in such a manner as appears to the Secretary of State to be appropriate.’.

Assistant Inspectors

Mr Gerald Howarth

Roberth Key

Mr David Burrowes

Mr Simon Burns

Not called  NC28

To move the following Clause:—

‘(1)
The Secretary of State may appoint assistant inspectors general.

(2)
Members of a service police force may be appointed by the Secretary of State to

be assistant inspectors general.

(3)
Persons appointed under this section shall be paid such salary and allowances as

the Secretary of State may determine.’.

Service Police

Mr Gerald Howarth

Roberth Key

Mr David Burrowes

Mr Simon Burns

Not called  NC29

To move the following Clause:—

‘(1)
The Secretary of State shall appoint a serving officer of the Armed Forces to be

Principal Provost Marshal with reponsibility for the organisation of all service

Select Committee Proceedings: 30th March 2006
101

Armed Forces Bill, continued

police, including the appointment of local and assistant Provost Marshals where

required and the allocation of responsibities within the service police forces,

inlcuding the tasking of Special Investigation Units established in accordance

with subsection (4) below.

(2)
The Principal Provost Marshal shall be directly responsible to the Vice Chief of

the Defence Staff for the performance of his duties and for the application of the

budget allocated to him.

(3)
The Principal Provost Marshal shall be subject to inspection by the Inspector

General of Service Police appointed in accordance with this Act.

(4)
Except as otherwise provided in this section in relation to Special Investigation

Units members of the service police shall operate under the direction of the

Commanding Officer of the formation to which they are attached.

(5)
The Principal Provost Marshal shall establish units for the purpose of undertaking

special investigations (“Special Investigation Units”).

(6)
A Special Investigation Unit shall include, as designated lead member of the unit,

a member of the service police holding a rank judged appropriate by the Principal

Provost Marshal to the apparent nature of the matter being investigated.

(7)
A Special Investigation Unit may include persons other than members of the

service police.

(8)
Unless directed otherwise by the Principal Provost Marshal the lead member of

the Special Investigation Unit shall keep the Commanding Officer of the unit or

formation concerned fully informed of the progress of the investigation.’.

Reserve Forces discrimination

Mr Gerald Howarth

Robert Key

Mr David Burrowes

Mr Simon Burns

Withdrawn  nc30

To move the following Clause:—

‘(1)
A person commits an offence if he discriminates against any of his employees on

the grounds that the employee wishes to be or is a voluntary member of the

Reserve Force.

(2)
A person guilty of an offence under this section is liable on conviction to a fine

or imprisonment for a period not exceeding six months.’.

Service Prosecution Authority

Mr Gerald Howarth

Robert Key

Mr David Burrowes

Mr Simon Burns

Not called  nc31

To move the following Clause:—

Select Committee Proceedings: 30th March 2006
102

Armed Forces Bill, continued

‘(1)
There shall be a Service Prosecution Authority.

(2)
The Service shall consist of—

(a)
the Director of Service Prosecutions,

(b)
the Deputy Director of Service, and

(c)
the members of staff of the service appointed under subsection (4).

(3)
The Service is to be funded by the Secretary of State.

(4)
The Director may appoint staff of the Service, but subject to the approval of the

Secretary of State as to—

(a)
numbers,

(b)
salary, and

(c)
other conditions of service.

(5)
The Director may designate any officer who—

(a)
has a general qualification within the meaning of section 71 of the Courts

and Legal Services Act 1990 (c. 41);

(b)
is an advocate or solicitor in Scotland;

(c)
is a member of the Bar of Northern Ireland or a solicitor of the Supreme

Court of Northern Ireland; or

(d)
has in a relevant territory rights and duties similar to those of a barrister

or solicitor in England and Wales, and is subject to punishment or

disability for breach of professional rules.


and any person designated under this subsection is to be known as a prosecuting

officer.

(6)
The Director is head of the Service; and the Deputy Director and the prosecuting

officers and the other members of staff of the Service are subject to his direction

and control.

(7)
The Director and Deputy Director (if barristers) and prosecuting officers

designated under subsection (5)(a) are not prevented from—

(a)
conducting any criminal proceedings, or

(b)
exercising a right of audience in any criminal proceedings,


by not having been instructed by a solicitor.

(8)
The Director may set up and maintain such offices as he considers appropriate for

the exercise of his functions.

Functions of the Director

Mr Gerald Howarth

Robert Key

Mr David Burrowes

Mr Simon Burns

Not called  NC32

To move the following Clause:—

‘(1)
The functions of the Director shall be exercised by him independently of any

other person.

(2)
It shall be the duty of the Director—

(a)
to prefer all charges to be tried by court martial and conduct all

prosecutions for service offences in proceedings before a court martial;

(b)
to represent the Crown before the Court Martial Appeal Court;

Select Committee Proceedings: 30th March 2006
103

Armed Forces Bill, continued

(c)
to give, to such extent as he considers appropriate, advice to service

police forces on all matters relating to service offences;

(d)
to discharge such other functions as may from time to time be assigned

to him by the Secretary of State in pursuance of this paragraph.

(3)
The Director may withdraw a charge that has been preferred, but if trial by court

martial has commenced, he may only do so with the consent of the court martial.

(4)
Withdrawing a charge does not preclude it from being proceeded with at any

subsequent time.

(5)
If the Director is satisfied that a charge should not be proceeded with by court

martial, he may refer it for disposal by an officer who has jurisdiction to try the

accused person by summary trial.

(6)
If the Director decides that it is in the public interest for a case to be transferred

from the service to the civil jurisdiction other than as provided by this Act he shall

apply to the High Court for an order for such transfer giving reasons and allowing

objections.’.

Code for prosecutors

Mr Gerald Howarth

Robert Key

Mr David Burrowes

Mr Simon Burns

Not called  NC33

To move the following Clause:—

‘(1)
The Director shall prepare a code of practice for—

(a)
prosecuting officers;

(b)
barristers and solicitors to whom the Director assigns the institution or

conduct of service proceedings;


conduct of service proceedings.

(2)
The code must include a code of ethics laying down standards of conduct and

practice.

(3)
The code must also give guidance on general principles to be applied—

(a)
in preferring a charge or, where service proceedings have been instituted,

whether they should be discontinued, and

(b)
in determining, in any case, what charges should be preferred.

(4)
The Director may from time to time prepare a new code or make alterations to a

code.

(5)
The Director shall consult with the Attorney General and Secretary of State

before issuing or making alterations to the code.

(6)
The Director must publish each code prepared by him and any alterations which

he makes to a code (or the code as altered).’.

Select Committee Proceedings: 30th March 2006
104

Armed Forces Bill, continued

Annual Report

Mr Gerald Howarth

Robert Key

Mr David Burrowes

Mr Simon Burns

Not called  NC34

To move the following Clause:—

‘(1)
The Director shall, as soon as practicable, after the end of each financial year,

prepare a report (an “annual report”) on how he has exercised his functions during

the financial year.

(2)
The report shall contain—

(a)
a copy of each direction given or guideline provided under section [Code

for Prosecutors] during the year to which the report relates;

(b)
a copy of each such direction or guideline in force at the end of that year

(3)
The Secretary of State shall lay a copy of the report before the House on any of

the first 15 days on which the Housing is sitting after the Secretary of State

receives it.

(4)
“Financial year” means—

(a)
the period beginning with the day on which “the Director” is appointed

and ending with the first 31st March which falls at least six months after

that day; and

(b)
each subsequent period of twelve months beginning with 1st April.’.

Termination of appointment

Mr Gerald Howarth

Robert Key

Mr David Burrowes

Mr Simon Burns

Not called  NC35

To move the following Clause:—

‘(1)
The Director—

(a)
may be removed from office by either the Secretary of State if a tribunal

convened under subsection (4) has reported to him recommending that

the Director or Deputy Director be removed on the ground of

misbehaviour or inability to perform the functions of the office, and

(b)
may be suspended from office by the Secretary of State (pending a

decision whether to remove him) if the tribunal, at any time when it is

considering whether to recommend his removal, has recommended to the

Secretary of State that he be suspended.

(2)
If the Director is suspended he may not perform any of the functions of the office

until the decision whether to remove him has been taken (but his other rights as

holder of the office are unaffected).

(3)
A tribunal is to consist of—

(a)
a person who holds the office of Lord of Appeal in Ordinary or high

judicial office as defined in section 25 of the Appellate Jurisdiction Act

1876 (c. 59) (ignoring for this purpose section 5 of the Appellate

Select Committee Proceedings: 30th March 2006
105

Armed Forces Bill, continued

Jurisdiction Act 1887 (c. 70)) and does not hold (and has never held) the

office of Lord Chief Justice, Lord Justice of Appeal or judge of the High

Court, and

(b)
a person who holds or has held, office as a judge of the High Court in

England and Wales or a judge of the Court of Session.

(4)
The selection of the persons to be the members of a tribunal is to be made by the

Lord Chancellor.

(5)
The chairman of a tribunal is the person mentioned in paragraph (a) of subsection

(4).

(6)
The procedure of a tribunal is to be determined by its chairman.

(7)
The Secretary of State may pay to a member of a tribunal any such allowances or

fees as he may determined.’.

Manual of Military Law

Mr Gerald Howarth

Robert Key

Mr David Burrowes

Mr Simon Burns

Withdrawn  NC36

To move the following Clause:—

‘(1)
On the enactment of this measure the Secretary of State shall cause to be prepared

and published a document to be known as the Manual of Military Law (“the

Manual”).

(2)
The Manual shall include—

(a)
an Index to the provisions of this Act and of the other statutes and

conventions in force as listed in accordance with this sub-section;

(b)
the terms of the Geneva Conventions;

(c)
the terms of the International Criminal Court Act;

(d)
the terms of the Human Rights Act;

(e)
a schedule of all other statutes in force relating to the Armed Forces of

the Crown;

(f)
a schedule of Statutory Instruments in effect relating to the Armed Forces

of the Crown;

(g)
formal guidance on the circumstance in with the Special Investigations

units of the Service police should be instructed to undertake

investigations and their procedure in such investigations;

(h)
a definitive statement on the duties and powers of the Service Prosecuting

Authorities and of their supervision in their exercise of their duties and

powers;

(i)
such other information relating to the application of this Act as the

Secretary of State or the Judge Advocate may consider as calculated to

assist the proper understanding of the applicable law as it relates to

members of the Armed Forces or others within the ambit of this Act and

those advising them.

Select Committee Proceedings: 30th March 2006
106

Armed Forces Bill, continued

(3)
The Manual shall be prepared and published in such form and manner as best

enables all information that it contains to be up-dated as appropriate.’.

nEW sCHEDULES

Mr Don Touhig

Agreed to  NS1

To move the following Schedule:—

‘Powers of the Criminal Cases Review Commission

Amendment of the Court Martial Appeals Act 1968

1
After section 29 of the Court Martial Appeals Act 1968 insert—

“29A
Power to order investigation by Criminal Cases Review Commission

(1)
On an appeal against conviction or an application for leave to appeal

against conviction, the Appeal Court may direct the Criminal Cases

Review Commission to investigate and report to the Court on any

matter if it appears to the Court that—

(a)
in the case of an appeal, the matter is relevant to the

determination of the appeal and ought, if possible, to be

resolved before the appeal is determined;

(b)
in the case of an application for leave to appeal, the matter is

relevant to the determination of the application and ought, if

possible, to be resolved before the application is determined;

(c)
an investigation of the matter by the Commission is likely to

result in the Court’s being able to resolve it; and

(d)
the matter cannot be resolved by the Court without an

investigation by the Commission.

(2)
A direction under subsection (1) above may not be given by a single

judge, notwithstanding that, in the case of an application for leave to

appeal, the application may be determined by a single judge as

provided for by section 36 of this Act.

(3)
A direction by the Appeal Court under subsection (1) above shall be

given in writing and shall specify the matter to be investigated.

(4)
Copies of such a direction shall be made available to the appellant and

the respondent.

(5)
Where the Commission have reported to the Appeal Court on any

matter which they have been directed under subsection (1) above to

investigate, the Court—

(a)
shall notify the appellant and the respondent that the

Commission have reported; and

(b)
may make available to the appellant and the respondent the

report of the Commission and any statements, opinions and

reports which accompanied it.

(6)
In this section “respondent” includes a person who will be a

respondent if leave to appeal is granted.”