sc0943003.47-51

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Select Committee Proceedings: 30th March 2006
47

Armed Forces Bill, continued

(a)
omit the definition of “court-martial”;

(b)
in the definition of “proceedings”, for paragraphs (a) to (c) substitute

“service proceedings;”;

(c)
in the definition of “Service court” for “a court-martial or a Standing

Civilian Court” substitute “the Court Martial or the Service Civilian

Court”.

      (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.”

      (4)
Omit subsection (2).

6H  (1)
Section 113 of that Act (application of Act to armed forces) is amended as

follows.

      (2)
For subsection (1) substitute—

“(1)
The Secretary of State may by order make provision in relation to—

(a)
investigations of service offences,

(b)
persons arrested under a power conferred by or under the

Armed Forces Act 2006,

(c)
persons charged under that Act with service offences,

(d)
persons in service custody, or

(e)
persons convicted of service offences,


which is equivalent to that made by any provision of Part 5 of this Act

(or this Part of this Act so far as relating to that Part), subject to such

modifications as the Secretary of State considers appropriate.”

      (3)
In subsection (2) for the words from “offences” to the end substitute “service

offences”.

      (4)
In subsection (3) for the words from “concerned with” to the end substitute

“concerned with—

(a)
the exercise of powers conferred by or under Part 3 of the

Armed Forces Act 2006; or

(b)
investigations of service offences.”

      (5)
In subsection (4) for “enquiries” substitute “investigations”.

      (6)
For subsection (9) substitute—

“(9)
Subsection (8) above applies to proceedings in respect of an offence

under a provision of Part 1 of the Armed Forces Act 2006 other than

section 42 (criminal conduct).”

      (7)
Omit subsection (11).

      (8)
In subsection (12) for the words from “proceedings” to the end of paragraph

(c) substitute “service proceedings”.

      (9)
After that subsection insert—

“(12A)
In this section—

“service offence” has the meaning given by section

50 of the Armed Forces Act 2006;

“criminal proceedings” includes service

proceedings;

“service proceedings” means proceedings before a

court (other than a civilian court) in respect of a

service offence; and

Select Committee Proceedings: 30th March 2006
48

Armed Forces Bill, continued

“civilian court” has the meaning given by section

364 of the Armed Forces Act 2006;

and section 366(1) and (2) of that Act (meaning

of “convicted” in relation to summary hearings

and the SAC) apply for the purposes of

subsection (1)(e) above as they apply for the

purposes of that Act.”

    (10)
After subsection (13) add—

“(14)
Section 363(5) and (6) of the Armed Forces Act 2006 (supplementary

provisions) apply in relation to an order under this section as they

apply in relation to an order under that Act.”

6I  (1)
Section 120 of that Act (extent) is amended as follows.

      (2)
For subsections (6) and (7) substitute—

“(6)
Nothing in subsection (1) affects—

(a)
the extent of section 113(1) to (7) and (12) to (14);

(b)
the extent of the relevant provisions so far as they relate to

service proceedings.”

      (3)
In subsection (8)—

(a)
for paragraphs (a) and (b) substitute—

“(a)
section 67(11) to (13);”;

(b)
for paragraphs (d) and (e) substitute—

“(d)
section 113(8) to (10).”

      (4)
For subsection (9) substitute—

“(8A)
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.”

(8B)
Section 373 of the Armed Forces Act 2006 (Channel Islands, Isle of

Man and British overseas territories) applies in relation to the

provisions mentioned in subsection (6)(a) and (b) above as it applies

in relation to that Act.”

Prosecution of Offences Act 1985 (c. 23)

6J
In section 19 of the Prosecution of Offences Act 1985 (provision for orders as

to costs in other circumstances)—

(a)
in subsection (3)(c)(ii) for the words from “to which” to the end

substitute “within subsection (3B) below;”;

(b)
after subsection (3A) insert—

“(3B)
A request is within this subsection if—

(a)
it is a request to a registered medical practitioner to

make a written or oral report on the medical condition

of an offender or defendant; and

(b)
it is made by a court—

(i)
for the purpose of determining whether or not

to include in a community order (within the

meaning of Part 12 of the Criminal Justice

Act 2003) a mental health treatment

requirement under section 207 of that Act or

make an order under section 37 of the Mental

Select Committee Proceedings: 30th March 2006
49

Armed Forces Bill, continued

Health Act 1983 (hospital orders and

guardianship orders) or otherwise for the

purpose of determining the most suitable

method of dealing with an offender; or

(ii)
in exercise of the powers conferred by section

11 of the Powers of Criminal Courts

(Sentencing) Act 2000 (remand of a

defendant for medical examination).”

Housing Act 1985 (c. 68)

6K
In section 622(1) of the Housing Act 1985 (minor definitions), for the

definition of “regular armed forces of the Crown” substitute—

““regular armed forces of the Crown” means the regular forces as defined

by section 364 of the Armed Forces Act 2006;”.’.

Mr Don Touhig

Agreed to  87

Schedule  14,  page  234,  line  10,  at end insert—

‘Criminal Justice Act 1988 (c. 33)

9A
In the Criminal Justice Act 1988, omit section 50 (suspended sentences on

certain civilians in service courts).

9B
In section 146 of that Act (evidence before service courts)—

(a)
in the sidenote, for “courts-martial etc” substitute “certain service

courts”; and

(b)
for “courts-martial, the Courts-Martial Appeal Court and Standing

Civilian Courts” substitute “certain service courts”.

9C
In section 172 of that Act (extent), for subsections (7) to (9) substitute—

“(7)
Nothing in subsection (1) above affects the extent of section 146 or

Schedule 13.”

9D  (1)
Schedule 13 to that Act (evidence before service courts) is amended as follows.

      (2)
In the title for “courts-martial etc” substitute “service courts”.

      (3)
In paragraph 1—

(a)
in the definition of “procedural instruments”, for paragraphs (a) to (d)

substitute—

“(a)
Court Martial rules within the meaning of the Armed

Forces Act 2006;

(b)
SCC rules within the meaning of that Act; and

(c)
rules under section 49 of the Court Martial Appeals

Act 1968;”;

(b)
in the definition of “Service courts”, for paragraphs (a) to (d)

substitute—

“(a)
the Court Martial;

(b)
the Service Civilian Court; and

(c)
the Court Martial Appeal Court.”

      (4)
Omit paragraphs 7, 9 and 10.

Select Committee Proceedings: 30th March 2006
50

Armed Forces Bill, continued

Road Traffic Act 1988 (c. 52)

9E
In section 183 of the Road Traffic Act 1988 (application to the Crown), in

subsection (6) for the words from “subject to” to “air force law” substitute

“subject to service law (within the meaning of the Armed Forces Act 2006)”.

9F  (1)
Section 184 of that Act (application of sections 5 to 10 to persons subject to

service discipline) is amended as follows.

      (2)
In subsection (1)—

(a)
in the words before paragraph (a) for “persons subject to service

discipline” substitute “persons subject to service law and civilians

subject to service discipline”;

(b)
in paragraph (a) for “the corresponding service offence” substitute “an

offence under section 42 of the Armed Forces Act 2006 as respects

which the corresponding offence under the law of England and Wales

is that offence”;

(c)
in paragraph (b) for “naval, military or air force authority” substitute

“officer”;

(d)
in paragraph (e)—

(i)
for “persons subject to service discipline” substitute “persons

subject to service law or civilians subject to service

discipline”;

(ii)
omit “and” at the end of the paragraph;

(e)
in paragraph (f) for “the corresponding service offence” substitute “an

offence under section 42 of the Armed Forces Act 2006 as respects

which the corresponding offence under the law of England and Wales

is a traffic offence within the meaning of section 6”;

(f)
after that paragraph add—

“(g)
in section 6E the reference to any place were a

reference to—

(i)
service living accommodation (as defined by

section 96 of the Armed Forces Act 2006); or

(ii)
premises occupied as a residence (alone or

with other persons) by a person subject to

service law, a civilian subject to service

discipline, the person on whom the

requirement is to be imposed or the person to

be arrested.”

      (3)
In subsection (2), for the words from “a person” to “without warrant”

substitute “without warrant a person who is subject to service law or is a

civilian subject to service discipline”.

      (4)
For subsection (3) substitute—

“(3)
In this section—

“civilian subject to service discipline” has the same meaning as in the

Armed Forces Act 2006;

“corresponding offence under the law of England and Wales”, in relation

to an offence under section 42 of that Act, has the meaning given by

that section;

“member of the provost staff” means—

(a)
anyone who is, or by reason of section 365(5) of that Act is to be

treated as, a service policeman for the purposes of that Act; or

(b)
a person lawfully exercising authority on behalf of a provost

officer (within the meaning of that Act);

Select Committee Proceedings: 30th March 2006
51

Armed Forces Bill, continued

“subject to service law” has the same meaning as in that Act.”

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

9G
In Article 66 of the Police and Criminal Evidence (Northern Ireland) Order

1989 (codes of practice - supplementary), for paragraph 11 substitute—

“(11)
In paragraph (10) “criminal proceedings” includes service

proceedings.

(11A)
In this Article “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.”

9H
In Article 70 of that Order (interpretation of Part IX (evidence in criminal

proceedings - general))—

(a)
in paragraph (1), in the definition of “Service court” for “a court-

martial or a Standing Civilian Court” substitute “the Court Martial or

the Service Civilian Court”;

(b)
omit paragraph (2).

9I
In Article 73(3) of that Order (supplementary provision about conviction as

evidence of commission of offence), before sub-paragraph (b) insert—

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

similar provision in respect of service convictions);”.

Courts and Legal Services Act 1990 (c. 41)

9J
In section 119(1) of the Courts and Legal Services Act 1990 (interpretation),

in the definition of “court”—

(a)
in paragraph (a), at the end insert “and”;

(b)
omit paragraph (b).

Armed Forces Act 1991 (c. 62)

9K
In section 24 of the Armed Forces Act 1991 (extent etc) for subsections (4) and

(5) substitute—

“(4)
Section 373 of the Armed Forces Act 2006 applies in relation to Part

3 of this Act as it applies in relation to that Act.”

Local Government Finance Act 1992 (c. 14)

9L  (1)
Schedule 1 to the Local Government Finance Act 1992 (persons disregarded

for purposes of discount) is amended as follows.

      (2)
In paragraph 1—

(a)
in sub-paragraph (1)(a) for “of a court” substitute “or award”;

(b)
for sub-paragraph (2) substitute—

  “(2)
This sub-paragraph applies to—

(a)
an order of a court in the United Kingdom;

(b)
an order or award (whether or not of a court) made

(anywhere) in proceedings in respect of a service

offence within the meaning of the Armed Forces

Act 2006.”;

(c)
in sub-paragraph (3), omit “or” at the end of paragraph (a) and after

that paragraph insert—