sc0943003.40-46

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Select Committee Proceedings: 30th March 2006
40

Armed Forces Bill, continued

“(bb)
section 186 of the Armed Forces Act 2006 (which makes

similar provision in respect of service convictions);”.

      (5)
For subsection (6) substitute—

“(7)
In this section—

“service offence” has the same meaning as in the

Armed Forces Act 2006;

“conviction” includes anything that under section

366(1) and (2) of that Act is to be treated as a

conviction, and “convicted” is to be read

accordingly.”

4O
In section 9 of that Act (conclusiveness of convictions for purposes of

defamation actions)—

(a)
in subsection (3) for “by a court-martial there or elsewhere” substitute

“(in the case of a service offence) a conviction (anywhere) of that

service offence”;

(b)
in subsection (4) for “(6)” substitute “(7)”.

4P
In section 14 of that Act (general interpretation etc)—

(a)
in subsection (2), in the definition of “court” for “court-martial”

substitute “service court”;

(b)
after that subsection insert—

“(2A)
In subsection (2) “service court” means the Court Martial, the

Summary Appeal Court, the Service Civilian Court, the Court

Martial Appeal Court or the Supreme Court on an appeal

brought from the Court Martial Appeal Court.”

Juries Act 1974 (c. 23)

4Q
In Schedule 1 to the Juries Act 1974 (persons disqualified from jury service,

etc)—

(a)
in paragraph 7(c) after “Channel Islands” insert “or a service

community order or overseas community order under the Armed

Forces Act 2006”;

(b)
in paragraph 8(a) for “by a court-martial” substitute “(anywhere) in

respect of a service offence within the meaning of the Armed Forces

Act 2006”.

Rehabilitation of Offenders Act 1974 (c. 53)

4R
In section 1 of the Rehabilitation of Offenders Act 1974 (rehabilitated persons

and spent convictions), in subsection (4) after “2000” insert “or section 186 of

the Armed Forces Act 2006”.

4S
In section 2 of that Act (rehabilitation of persons dealt with in service

disciplinary proceedings)—

(a)
in subsection (5) after “any of the following—” insert—

“(za)
any proceedings (whether or not before a court) in

respect of a service offence within the meaning of the

Armed Forces Act 2006 (except proceedings before a

civilian court within the meaning of that Act);”;

(b)
after that subsection add—

“(6)
Section 366(1) to (3) of the Armed Forces Act 2006

(“conviction” and “sentence” in relation to summary hearings

Select Committee Proceedings: 30th March 2006
41

Armed Forces Bill, continued

and the SAC) apply for the purposes of this Act as they apply

for the purposes of that Act.”

4T  (1)
Section 5 of that Act (rehabilitation periods for particular sentences) is

amended as follows.

      (2)
In subsection (1)—

(a)
in paragraph (d)—

(i)
after “Powers of Criminal Courts (Sentencing) Act 2000,”

insert “or under section 208 or 217 of the Armed Forces Act

2006,”;

(ii)
after “said Act of 2000” insert “or section 208 of the said Act

of 2006”;

(iii)
omit “or a corresponding court-martial punishment”;

(b)
in paragraph (f), at the end insert “(including any sentence within this

paragraph passed as a result of any of sections 218 to 221 of the Armed

Forces Act 2006)”.

      (3)
For subsection (1A) substitute—

“(1A)
In subsection (1)(d)—

(a)
references to section 208 of the Armed Forces Act 2006

include references to section 71A(4) of the Army Act 1955 or

Air Force Act 1955 or section 43A(4) of the Naval Discipline

Act 1957;

(b)
the reference to section 217 of the Armed Forces Act 2006

includes a reference to section 71A(3) of the Army Act 1955

or Air Force Act 1955 or section 43A(3) of the Naval

Discipline Act 1957.”

      (4)
In subsection (2)—

(a)
in Table A, in the fifth entry for “Any sentence of detention” substitute

“Any sentence of service detention within the meaning of the Armed

Forces Act 2006, or any sentence of detention corresponding to such

a sentence,”;

(b)
in Table B—

(i)
in the fourth entry, after “2000” insert “or under section 208

of the Armed Forces Act 2006”;

(ii)
in the fifth entry, for “either of those provisions” substitute

“any provision mentioned in the fourth entry in this Table”.

      (5)
Before subsection (3) insert—

“(2A)
Table B applies in relation to a sentence under section 71A(4) of the

Army Act 1955 or Air Force Act 1955 or section 43A(4) of the Naval

Discipline Act 1957 as it applies in relation to one under section 208

of the Armed Forces Act 2006.”

      (6)
In subsection (4A) after “2003” insert “or a service community order or

overseas community order under the Armed Forces Act 2006”.

      (7)
In subsection (6A) after “2000” insert “, or an order under section 210 of the

Armed Forces Act 2006 was made”.

      (8)
In subsection (9)(b) after “2000” insert “or section 208 of the Armed Forces

Act 2006”.

4U
In the Schedule to that Act (service disciplinary convictions referred to in

section 6(6)(bb)), after paragraph 6 add—

Select Committee Proceedings: 30th March 2006
42

Armed Forces Bill, continued

“Provisions of the Armed Forces Act 2006

7
Any service offence within the meaning of the Armed Forces Act

2006 except one punishable in the case of an offender aged 18 or

over with imprisonment for more than two years.”

House of Commons Disqualification Act 1975 (c. 24)

4V
In section 1 of the House of Commons Disqualification Act 1975

(disqualification of holders of certain offices)—

(a)
in subsection (1)(c) omit “or the Ulster Defence Regiment”;

(b)
in subsection (3), in the definition of “regular armed forces of the

Crown”, for the words from “the regular forces” to the end substitute

“the Royal Marines, the regular army (as defined by section 364 of the

Armed Forces Act 2006) or the Royal Air Force.”

4W
In Part 1 of Schedule 1 to that Act (judicial offices disqualifying for

membership), for “Judge of the Courts-Martial Appeal Court.” substitute

“Judge of the Court Martial Appeal Court.”

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

4X
In section 1 of the Northern Ireland Assembly Disqualification Act 1975

(disqualification of holders of certain offices)—

(a)
in subsection (1)(c) omit the words from “or” to the end;

(b)
in subsection (2), in the definition of “regular armed forces of the

Crown”, for the words from “the regular forces” to the end substitute

“the Royal Marines, the regular army (as defined by section 364 of the

Armed Forces Act 2006) or the Royal Air Force.”

4Y
In Part 1 of Schedule 1 to that Act (judicial offices disqualifying for

membership), for “Judge of the Courts-Martial Appeal Court.” substitute

“Judge of the Court Martial Appeal Court.”

Sex Discrimination Act 1975 (c. 65)

4Z  (1)
Section 85 of the Sex Discrimination Act 1975 (application to Crown etc) is

amended as follows.

      (2)
In subsection (9B)—

(a)
in paragraph (a) for the words from “a complaint” to “those

procedures” substitute “a service complaint in respect of the act

complained of”;

(b)
in paragraph (b) for “complaint” substitute “service complaint”.

      (3)
In subsection (9D) for “the service redress procedures” substitute “the service

complaint procedures”.

      (4)
In subsection (10) for the definition of “the service redress procedures”

substitute—

““service complaint” means a complaint under section 330 of the Armed

Forces Act 2006;

“the service complaint procedures” means the procedures prescribed by

regulations under that section;”.

Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c. 14)

4AA
In section 1(4) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland)

Act 1976 (investigation of death and application for public inquiry)—

(a)
after paragraph (b) insert—

Select Committee Proceedings: 30th March 2006
43

Armed Forces Bill, continued

“(ba)
he is detained in, or is subject to detention in, service

custody premises (within the meaning of section 298

of the Armed Forces Act 2006);”;

(b)
in paragraph (c)(i) for “and (b)” substitute “, (b) and (ba)”.

Bail Act 1976 (c. 63)

4AB
In section 2(2) of the Bail Act 1976 (definitions), for the definition of “Courts-

Martial Appeal rules” substitute—

“Court Martial Appeal Rules” means rules made under section 49 of the

Court Martial Appeals Act 1968,”.

4AC
In section 5(10) of that Act (meaning of “prescribed” for purposes of section

5), for “Courts-Martial Appeal rules” substitute “Court Martial Appeal Rules”.

4AD
In section 6(9)(c)(v) of that Act (meaning of the “appropriate officer” of the

court), for “Courts-Martial Appeal Court” substitute “Court Martial Appeal

Court”.

4AE
In section 8(4) of that Act (persons before whom recognizance may be entered

into)—

(a)
in paragraph (d)—

(i)
for “Courts-Martial Appeal Court” substitute “Court Martial

Appeal Court”;

(ii)
for “Courts-Martial Appeal rules” substitute “Court Martial

Appeal Rules”;

(b)
in the words after paragraph (d) for “Courts-Martial Appeal rules”

substitute “Court Martial Appeal Rules”.

4AF
In section 13(3) of that Act (application of Act), for “Courts-Martial Appeal

Court” substitute “Court Martial Appeal Court”.

4AG
In Schedule 1 to that Act (persons entitled to bail: supplementary

provisions)—

(a)
in paragraph 4 of each of Parts 1 and 2, for the words from “the

sentence” to the end substitute “a sentence of a court or a sentence

imposed by an officer under the Armed Forces Act 2006.”; and

(b)
in paragraph 4 of Part 3 omit the definition of “the Services Acts”.

Race Relations Act 1976 (c. 74)

4AH
In section 57(4B) of the Race Relations Act 1976 (claims under Part 3), in the

words after the definition of “public investigator functions”, for the words

from “any offence” to “1957” substitute “any service offence within the

meaning of the Armed Forces Act 2006”.

4AI(1)
Section 75 of that Act (application to Crown etc) is amended as follows.

      (2)
In subsection (9)—

(a)
in paragraph (a) for the words from “a complaint” to “those

procedures” substitute “a service complaint in respect of the act

complained of”;

(b)
in paragraph (b) for “complaint” substitute “service complaint”.

      (3)
In subsection (9B) for “the service redress procedures” substitute “the service

complaint procedures”.

      (4)
In subsection (10), for paragraph (ab) substitute—

“(ac)
“service complaint” means a complaint under section 330 of

the Armed Forces Act 2006;

(ad)
“the service complaint procedures” means the procedures

prescribed by regulations under that section;”.

Select Committee Proceedings: 30th March 2006
44

Armed Forces Bill, continued

4AJ
In section 78(1) of that Act (general interpretation provisions), for the

definition of “criminal proceedings” substitute—

““criminal proceedings” includes service law proceedings (as defined by

section 321(5) of the Armed Forces Act 2006);”.

Sex Discrimination (Northern Ireland) Order 1976 (S.I. 1976/1042 (N.I. 15))

4AK(1)
Article 82 of the Sex Discrimination (Northern Ireland) Order 1976

(application to Crown etc) is amended as follows.

      (2)
In paragraph (9B)—

(a)
in sub-paragraph (a) for the words from “a complaint” to “those

procedures” substitute “a service complaint in respect of the act

complained of”;

(b)
in sub-paragraph (b) for “complaint” substitute “service complaint”.

      (3)
In paragraph (9D) for “the service redress procedures” substitute “the service

complaint procedures”.

      (4)
In paragraph (10) for the definition of “the service redress procedures”

substitute—

““service complaint” means a complaint under section 330 of the Armed

Forces Act 2006;

“the service complaint procedures” means the procedures prescribed by

regulations under that section;”.

Judicature (Northern Ireland) Act 1978 (c. 23)

4AL
In section 44 of the Judicature (Northern Ireland) Act 1978 (appeals in cases

of contempt of court)—

(a)
in subsection (2)(b) for “Courts-Martial Appeal Court” substitute

“Court Martial Appeal Court”;

(b)
in subsection (5) after paragraph (c) insert—

“(d)
to an order or decision of the Court Martial or the

Summary Appeal Court under section 307 of the

Armed Forces Act 2006;”.

Magistrates’ Courts Act 1980 (c. 43)

4AM
In section 19(5) of the Magistrates’ Courts Act 1980 (decision as to allocation),

for paragraph (b) substitute—

“(b)
a previous conviction of a service offence within the meaning

of the Armed Forces Act 2006 (“conviction” here including

anything that under section 366(1) and (2) of that Act is to be

treated as a conviction).”

4AN
In section 125D(3) of that Act (execution by person not in possession of

warrant), for paragraph (b) substitute—

“(b)
a warrant under section 311, 312 or 315 of the Armed Forces

Act 2006;”.

Public Passenger Vehicles Act 1981 (c. 14)

4AO
In Schedule 3 to the Public Passenger Vehicles Act 1981 (supplementary

provisions as to qualifications for PSV operator’s licence), in paragraph 1—

(a)
in sub-paragraph (6) after “1978” insert “or a service community order

or overseas community order under the Armed Forces Act 2006”;

Select Committee Proceedings: 30th March 2006
45

Armed Forces Bill, continued

(b)
in sub-paragraph (7) for the words from “a civil offence” to the end

substitute “an offence under section 42 of the Armed Forces Act

2006.”

Contempt of Court Act 1981 (c. 49)

4AP
In section 19 of the Contempt of Court Act 1981 (interpretation), for “Courts-

Martial Appeal Court”, in both places, substitute “Court Martial Appeal

Court”.

4AQ
In Schedule 1 to that Act (times when proceedings are active for purposes of

section 2), after paragraph 1 insert—

“1A
In paragraph 1 the reference to an offence includes a service offence

within the meaning of the Armed Forces Act 2006.”

Senior Courts Act 1981 (c. 54)

4AR
In section 29 of the Senior Courts Act 1981 (mandatory, prohibiting and

quashing orders), for subsection (3A) substitute—

“(3A)
The High Court shall have no jurisdiction to make mandatory,

prohibiting or quashing orders in relation to the jurisdiction of the

Court Martial in matters relating to—

(a)
trial by the Court Martial for an offence; or

(b)
appeals from the Service Civilian Court.”’.

Mr Don Touhig

Agreed to  84

Schedule  14,  page  233,  leave out lines 22 to 24 and insert—

‘“(2A)
Section 48 of the Armed Forces Act 2006 (attempts, conspiracy, incitement and

aiding and abetting outside England and Wales) applies for the purposes of

subsection (1)(c)(ii) to (iv) above as if the reference in subsection (3)(b) of that

section to any of the following provisions of that Act were a reference to

subsection (1)(c)(ii) to (iv).”’.

Mr Don Touhig

Agreed to  85

Schedule  14,  page  233,  line  25,  at end insert—

‘Representation of the People Act 1983 (c. 2)

5A
In section 3(2)(a) of the Representation of the People Act 1983

(disenfranchisement of offenders in prison etc), for the words from “court-

martial” to “1976” substitute “court of a service offence within the meaning of

the Armed Forces Act 2006”.

5B
In section 3A of that Act (disenfranchisement of offenders detained in mental

hospitals), for subsection (5) substitute—

“(5)
The reference in subsection (2)(a)(i) to an order under section 37 or 38

of the Mental Health Act 1983 includes such an order made by virtue

of Schedule 4 to the Armed Forces Act 2006 (including as applied by

section 16(2) of the Court Martial Appeals Act 1968).”’.

Mr Don Touhig

Agreed to  86

Schedule  14,  page  233,  line  36,  at end insert—

Select Committee Proceedings: 30th March 2006
46

Armed Forces Bill, continued

‘Repatriation of Prisoners Act 1984 (c. 47)

6A
In section 1 of the Repatriation of Prisoners Act 1984 (warrants for transfer of

prisoners etc into or out of UK) after subsection (7) insert—

“(7A)
In subsection (7)(a) the reference to an order made by a court or

tribunal in the United Kingdom in the course of the exercise of its

criminal jurisdiction includes an order made (anywhere) by—

(a)
the Court Martial;

(b)
the Service Civilian Court;

(c)
the Court Martial Appeal Court; or

(d)
the Supreme Court on an appeal brought from the Court

Martial Appeal Court.”

Inheritance Tax Act 1984 (c. 51)

6B
In section 154(2) of the Inheritance Tax Act 1984 (death on active service etc),

for the words from “(not being a member” to “any body of those forces”

substitute “a civilian subject to service discipline within the meaning of the

Armed Forces Act 2006”.

Police and Criminal Evidence Act 1984 (c. 60)

6C
In section 63A(1B) of the Police and Criminal Evidence Act 1984 (fingerprints

and samples: supplementary provisions)—

(a)
in paragraph (h) for “Royal Navy Regulating Branch” substitute

“Royal Navy Police”;

(b)
omit paragraph (k).

6D
In section 67 of that Act (codes of practice: supplementary), for subsection

(12) substitute—

“(12)
In subsection (11) “criminal proceedings” includes service

proceedings.

(13)
In this section “service proceedings” means proceedings before a court

(other than a civilian court) in respect of a service offence; and

“service offence” and “civilian court” here have the same meanings as

in the Armed Forces Act 2006.”

6E  (1)
Section 72 of that Act (provision supplementary to Part 7 (documentary

evidence in criminal proceedings)) is amended as follows.

      (2)
In subsection (1), in the definition of “proceedings”, for paragraphs (a) to (c)

substitute “service proceedings.”

      (3)
After that subsection insert—

“(1A)
In subsection (1) “service proceedings” means proceedings before a

court (other than a civilian court) in respect of a service offence; and

“service offence” and “civilian court” here have the same meanings as

in the Armed Forces Act 2006.”

6F
In section 75(3) of that Act (supplementary provision about conviction as

evidence of commission of offence), after paragraph (a) insert—

“(aa)
section 186 of the Armed Forces Act 2006 (which makes

similar provision in respect of service convictions);”.

6G  (1)
Section 82 of that Act (interpretation of Part 8 (evidence in criminal

proceedings: general)) is amended as follows.

      (2)
In subsection (1)—