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| | accommodation for a continuous period of more than 24 hours, the |
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| | order shall cease to have effect so far as it imposes the exclusion |
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| | (7) | In this section “relevant premises” means premises occupied as a |
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| | residence by a person subject to service law or a civilian subject to |
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| | (8) | Who is the relevant person’s “commanding officer” for the purposes |
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| | of subsection (5)(b) shall be determined by or under regulations made |
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| | |
| | 6 (1) | Section 21 of that Act (duration of protection orders) is amended as follows. |
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| | (2) | In subsection (1) for the words from “being” to the end substitute “which must |
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| | be a period of not more than 28 days beginning with the date of the order.” |
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| | |
| | (a) | for “the officer having jurisdiction” substitute “a judge advocate”; |
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| | (b) | in paragraph (a), for the words from “applicable” to “that officer” |
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| | substitute “permitted by subsection (1) above”; |
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| | (c) | in the words after paragraph (b) for “that officer” substitute “the judge |
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| | |
| | (4) | In subsection (3) for “officer”, in both places, substitute “judge advocate”. |
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| | (5) | In subsection (5) for “an officer” substitute “a judge advocate”. |
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| | 7 (1) | Section 22 of that Act (review and discharge of protection orders) is amended |
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| | (2) | In subsection (2) for “superior officer” substitute “judge advocate”. |
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| | |
| | (a) | for “superior officer” substitute “judge advocate”; |
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| | (b) | for the words from “consider whether” to the end of paragraph (b) |
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| | substitute “consider whether, if the order were discharged and— |
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| | (a) | (where the power under section 20(2)(b)(i) has been |
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| | exercised) if the child were returned by the |
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| | |
| | (b) | (where the power under section 20(2)(b)(ii) has been |
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| | exercised) if the child were allowed to be removed |
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| | from the place in which he was being accommodated |
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| | immediately before the making of the order,”. |
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| | (4) | In subsection (5) for “the officer having jurisdiction” substitute “a judge |
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| | |
| | (5) | After that subsection insert— |
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| | “(5A) | On the application of the person to whom an exclusion requirement |
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| | contained in a protection order relates, a judge advocate may, in such |
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| | circumstances and subject to such conditions as may be prescribed by |
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| | regulations, vary the exclusion requirement or discharge the order so |
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| | far as it imposes the exclusion requirement.” |
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| | (6) | In subsection (7) for “officer” substitute “judge advocate”. |
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| | 8 | After that section insert— |
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| | “22A | Removal and accommodation of children by service police in |
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| | |
| | (1) | Where a service policeman has reasonable cause to believe that a |
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| | relevant child would otherwise be likely to suffer significant harm, he |
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| | (a) | remove the child to suitable accommodation and keep him |
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| | |
| | (b) | take such steps as are reasonable to ensure that the child’s |
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| | removal from any service hospital, or other place, in which he |
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| | is then being accommodated is prevented. |
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| | (2) | In this section, a child with respect to whom a service policeman has |
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| | exercised the power under subsection (1) is referred to as having been |
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| | taken into service police protection. |
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| | (3) | As soon as is reasonably practicable after taking a child into service |
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| | police protection, the service policeman concerned shall— |
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| | (a) | inform the appropriate service police officer of the steps that |
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| | have been and are proposed to be taken under this Part of this |
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| | Act with respect to the child and the reasons for taking them; |
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| | (b) | give details to the appropriate service police officer of the |
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| | place at which the child is being accommodated; |
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| | (c) | inform the child (if he appears capable of understanding)— |
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| | (i) | of the steps that have been taken with respect to him |
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| | under this section and of the reasons for taking them; |
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| | |
| | (ii) | of the further steps that may be taken with respect to |
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| | him under this Part of this Act; |
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| | (d) | take such steps as are reasonably practicable to discover the |
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| | wishes and feelings of the child; |
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| | (e) | secure that the case is inquired into by the appropriate service |
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| | |
| | (f) | secure that the child is moved to accommodation approved for |
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| | the purpose by the appropriate service police officer (unless |
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| | that officer approves the child’s remaining where he is |
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| | currently being accommodated); |
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| | (g) | take such steps as are reasonably practicable to inform— |
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| | |
| | (ii) | every person who is not a parent of the child but has |
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| | parental responsibility for him, and |
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| | (iii) | any other person with whom the child was residing |
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| | immediately before being taken into service police |
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| | |
| | | of the steps that he has taken under this section with respect to |
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| | the child, the reasons for taking them and the further steps that |
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| | may be taken with respect to him under this Part of this Act. |
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| | (4) | On completing any inquiry under subsection (3)(e) the officer |
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| | conducting it shall release the child from service police protection |
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| | unless he considers that there is still reasonable cause for believing |
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| | that the child would be likely to suffer significant harm if released. |
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| | (5) | No child may be kept in service police protection for more than 72 |
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| | |
| | (6) | While a child is being kept in service police protection— |
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| | (a) | the appropriate service police officer shall do what is |
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| | reasonable in all the circumstances of the case for the purpose |
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| | of safeguarding or promoting the child’s welfare (having |
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| |
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| | regard in particular to the length of the period during which |
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| | the child will be kept in service police protection); but |
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| | (b) | neither he nor the service policeman who took the child into |
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| | service police protection has any parental responsibility for |
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| | |
| | (7) | Where a child has been taken into service police protection, the |
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| | appropriate service police officer shall allow— |
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| | |
| | (b) | any person who is not a parent of the child but has parental |
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| | |
| | (c) | any person with whom the child was residing immediately |
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| | before he was taken into service police protection, |
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| | (d) | any person in whose favour a contact order is in force with |
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| | respect to the child, and |
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| | (e) | any person acting on behalf of any of those persons, |
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| | | to have such contact (if any) with the child as, in the opinion of the |
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| | appropriate service police officer, is both reasonable and in the child’s |
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| | |
| | |
| | “authorised”, in relation to a service policeman, means authorised, by an |
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| | authorising service police officer and in accordance with regulations, |
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| | to exercise the power under subsection (1) in the case in question; |
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| | “an authorising service police officer”, and “the appropriate service |
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| | police officer” have the meanings given by regulations; |
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| | “relevant child” means a child who falls within paragraph (a) or (b) of |
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| | |
| | “service policeman” has the same meaning as in the Armed Forces Act |
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| | |
| | 9 (1) | Section 23 of that Act (interpretation) is amended as follows. |
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| | |
| | (a) | in the definition of “accommodation”, for the words from “means” to |
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| | “relates,” substitute “, in relation to a child to whom a protection order |
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| | relates, means any service hospital or other suitable place the occupier |
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| | of which is willing temporarily to receive the child,”; |
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| | (b) | for the definition of “civilian in a corresponding position” substitute— |
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| | ““civilian subject to service discipline” has the same meaning as in |
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| | the Armed Forces Act 2006;”; |
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| | (c) | after the definition of “contact order” insert— |
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| | ““exclusion requirement” has the meaning given by section 20A |
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| | |
| | (d) | after the definition of “extension order” insert— |
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| | ““harm” and “significant harm” have the same meanings as in the |
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| | |
| | (e) | for the definitions of “officer having jurisdiction” and “superior |
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| | |
| | ““judge advocate” has the same meaning as in the Armed Forces |
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| | |
| | (f) | in the definition of “regulations”, after ““regulations”” insert “(except |
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| | |
| | (g) | for the definition of “service law” substitute— |
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