sc0943003.59-64

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Select Committee Proceedings: 30th March 2006
59

Armed Forces Bill, continued

12S
In section 99 of that Act (conversion of sentence of detention to sentence of

imprisonment)—

(a)
in subsection (5) after paragraph (a) insert—

“(aa)
a sentence of detention under section 208 or 217 of

the Armed Forces Act 2006,”;

(b)
after that subsection add—

“(6)
References in this section to a sentence under section 226 or

228 of the Criminal Justice Act 2003 include such a sentence

passed as a result of section 220 or 221 of the Armed Forces

Act 2006.”’.

Mr Don Touhig

Agreed to  92

Schedule  14,  page  234,  line  37,  leave out from first ‘of’ to ‘(which’ and insert ‘that

Act’.

Mr Don Touhig

Agreed to  93

Schedule  14,  page  235,  line  12,  at end insert—

‘13A
For section 114 of that Act substitute—

“114
Offences under service law

(1)
Where—

(a)
a person has at any time been convicted of an offence under

section 42 of the Armed Forces Act 2006, and

(b)
the corresponding offence under the law of England and

Wales (within the meaning given by that section) was a class

A drug trafficking offence or a domestic burglary,


the relevant section of this Chapter shall have effect as if he had at that

time been convicted in England and Wales of that corresponding

offence.

(2)
Subsection (3) of section 113 applies for the purposes of this section

as it applies for the purposes of that section.

(3)
Section 48 of the Armed Forces Act 2006 (attempts, conspiracy,

incitement and aiding and abetting outside England and Wales)

applies for the purposes of this section as if the reference in subsection

(3)(b) of that section to any of the following provisions of that Act

were a reference to this section.”

13B(1)
Section 134 of that Act (effect of compensation order on subsequent award of

damages in civil proceedings) is amended as follows.

      (2)
In subsections (1) and (2) omit “or award”.

      (3)
For subsection (3) substitute—

“(3)
In this section “service compensation order” means a service

compensation order under the Armed Forces Act 2006.”

13C
In section 163 of that Act (general definitions), in the definition of “court”, for

“a court-martial” substitute “the Court Martial”.

Select Committee Proceedings: 30th March 2006
60

Armed Forces Bill, continued

Regulation of Investigatory Powers Act 2000 (c. 23)

13D
In section 18(11) of the Regulation of Investigatory Powers Act 2000

(exceptions to section 17: meaning of “relevant judge”), for paragraph (c)

substitute—

“(c)
in relation to proceedings before the Court Martial, the judge

advocate for those proceedings; or”.

13E
In section 32(6)(g) of that Act (senior authorising officers for intrusive

surveillance), for “Royal Navy Regulating Branch” substitute “Royal Navy

Police”.

13F(1)
Section 33 of that Act (rules for grant of authorisations of surveillance etc) is

amended as follows.

      (2)
In subsection (6)(d)—

(a)
for “Royal Navy Regulating Branch,” substitute “Royal Navy Police”;

(b)
for “person subject to service discipline” substitute “person subject to

service law or a civilian subject to service discipline”.

      (3)
For subsection (7) substitute—

“(7)
In subsection (6) “subject to service law” and “civilian subject to

service discipline” have the same meanings as in the Armed Forces

Act 2006.”

13G
In section 34(4)(g) of that Act (persons entitled to grant authorisation in the

senior officer’s absence)—

(a)
for “Royal Navy Regulating Branch” substitute “Royal Navy Police”;

(b)
for “that Branch” substitute “that force”.

13H
In section 41(7) of that Act (Secretary of State authorisations), for “Royal

Navy Regulating Branch” substitute “Royal Navy Police”.

13I
In section 56(1) of that Act (interpretation of Part 3 (investigation of certain

electronic data)), in the definition of “chief officer of police”, in paragraph (f)

for “Royal Navy Regulating Branch” substitute “Royal Navy Police”.

13J(1)
Section 81 of that Act (general interpretation) is amended as follows.

      (2)
In subsection (1)—

(a)
in the definition of “Her Majesty’s forces”, for “Army Act 1955”

substitute “Armed Forces Act 2006”;

(b)
in the definition of “legal proceedings” after “tribunal” insert “or

proceedings before an officer in respect of a service offence within the

meaning of the Armed Forces Act 2006”;

(c)
in the definition of “police force”, in paragraph (g) for “Royal Navy

Regulating Branch” substitute “Royal Navy Police”.

      (3)
In subsection (4), for paragraphs (a) to (c) substitute “proceedings before a

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

Act 2006,”.

      (4)
In subsection (6)(b)—

(a)
for “Royal Navy Regulating Branch” substitute “Royal Navy Police”;

(b)
for the words from “that Branch” to the end substitute “that force who

is not for the time being attached to or serving either with that force or

with another of those police forces”.

Freedom of Information Act 2000 (c. 36)

13K
In section 30 of the Freedom of Information Act 2000 (investigations and

proceedings conducted by public authorities), for subsection (5) substitute—

Select Committee Proceedings: 30th March 2006
61

Armed Forces Bill, continued

“(5)
In this section—

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

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

“offence” includes a service offence (as defined by section 50 of that

Act).”’.

Mr Don Touhig

Agreed to  94

Schedule  14,  page  235,  line  13,  at end insert—

‘13L
In section 1 of the Criminal Justice and Court Services Act 2000 (purposes of

Chapter 1 of Part 1 (national probation service)), in subsection (2)(a) after

“2003)” insert “and service community orders and overseas community orders

under the Armed Forces Act 2006”.’.

Mr Don Touhig

Agreed to  95

Schedule  14,  page  235,  line  14,  leave out from ‘of’ to ‘insert’ and insert ‘that Act’.

Mr Don Touhig

Agreed to  96

Schedule  14,  page  235,  line  31,  at end insert—

‘14A (1)
Section 27 of that Act (armed forces offences equivalent to “an offence against

a child”) is amended as follows.

      (2)
In subsection (2) for “an armed forces offence” substitute “an offence under

section 42 of the Armed Forces Act 2006”.

      (3)
For subsections (3) to (5) substitute—

“(3)
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 (2) of this section 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 (2) of this

section.”

14B(1)
Section 30 of that Act (disqualification from working with children:

supplemental) is amended as follows.

      (2)
In subsection (1)—

(a)
in the definition of “guardianship order”, omit the words from “the

Army” to “1957 or”;

(b)
in the definition of “qualifying sentence”—

(i)
in paragraph (d) after “2000” insert “or section 208 of the

Armed Forces Act 2006”;

(ii)
in paragraph (e) after “or more” insert “under section 100 of

the Powers of Criminal Courts (Sentencing) Act 2000 or

section 210 of the Armed Forces Act 2006”;

(iii)
omit paragraph (f);

(c)
in the definition of “relevant order”, for “a court-martial or the Courts-

Martial Appeal Court” substitute “the Court Martial or the Court

Martial Appeal Court”;

(d)
in the definition of “superior court”, for “a court-martial or the Courts-

Martial Appeal Court” substitute “the Court Martial or the Court

Martial Appeal Court”.

      (3)
Omit subsection (2).

Select Committee Proceedings: 30th March 2006
62

Armed Forces Bill, continued

      (4)
In subsection (3), omit “, or to a sentence of detention imposed by a court-

martial or the Courts-Martial Appeal Court,”.

14C
In section 31(2) of that Act (appeals) for “a court-martial”, in both places,

substitute “the Court Martial”.

14D
In section 33 of that Act (provisions relating to application for review of

disqualification)—

(a)
in subsection (7), in the definition of “order for admission to hospital”,

omit paragraph (a);

(b)
in subsection (8)(a), for “(f)” substitute “(e)”.

14E
In section 42 of that Act (interpretation of Part 2 (protection of children))

omit—

(a)
in subsection (1), the definition of “armed forces offence”;

(b)
subsection (2).’.

Mr Don Touhig

Agreed to  97

Schedule  14,  page  236,  line  1,  at end insert—

‘16A
In section 81(2) of that Act (extent)—

(a)
in paragraph (a) for “courts-martial or the Courts-Martial Appeal

Court” substitute “the Court Martial or the Court Martial Appeal

Court”;

(b)
omit paragraph (h).

Criminal Justice and Police Act 2001 (c. 16)

16B
In section 88(8) of the Criminal Justice and Police Act 2001 (functions of

Central Police Training and Development Authority)—

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

“Royal Navy Police”;

(b)
omit paragraph (j).’.

Mr Don Touhig

Agreed to  98

Schedule  14,  page  236,  line  5,  at end insert—

‘17A
In section 67(3) of that Act (definition of person subject to UK service

jurisdiction), in subsection (3) for paragraphs (a) to (c) substitute “a person

subject to service law, or a civilian subject to service discipline, within the

meaning of the Armed Forces Act 2006.”’.

Mr Don Touhig

Agreed to  99

Schedule  14,  page  236,  line  17,  at end insert—

‘Armed Forces Act 2001 (c. 19)

19A(1)
Section 26 of the Armed Forces Act 2001 (power to make provision for orders

as to costs) is amended as follows.

      (2)
In subsection (1) for the words from “courts-martial” to “services Acts”

substitute “any of the Court Martial, the Summary Appeal Court, the Service

Civilian Court and the Court Martial Appeal Court, in any case where the court

is satisfied that one party to proceedings before that court”.

      (3)
In subsection (2)(d) for “a Standing Civilian Court” substitute “the Service

Civilian Court”.

Select Committee Proceedings: 30th March 2006
63

Armed Forces Bill, continued

      (4)
In subsection (3)—

(a)
in paragraph (a) for the words from “a court-martial” to the end

substitute “the Court Martial under the regulations may appeal to the

Court Martial Appeal Court;”;

(b)
in paragraph (b) for “a summary appeal court or a Standing Civilian

Court” substitute “the Summary Appeal Court or the Service Civilian

Court”.

      (5)
Omit subsection (4).

19B(1)
Section 27 of that Act (costs against legal representatives) is amended as

follows.

      (2)
In subsection (1) for the words from the beginning to “may disallow” substitute

“In any proceedings before—

(a)
the Court Martial,

(b)
the Summary Appeal Court,

(c)
the Service Civilian Court, or

(d)
the Court Martial Appeal Court,


the court may disallow”.

      (3)
In subsection (2)—

(a)
in paragraph (a) for the words from “a court-martial” to the end

substitute “the Court Martial under subsection (1) may appeal to the

Court Martial Appeal Court;”;

(b)
in paragraph (b) for “a summary appeal court or a Standing Civilian

Court” substitute “the Summary Appeal Court or the Service Civilian

Court”.

      (4)
In subsection (3), in the definition of “legal or other representative” for

paragraph (b) substitute—

“(b)
a person appointed under section 356 of the Armed Forces Act

2006 (prosecuting officers);”.

19C(1)
Section 28 of that Act (provisions supplementary to sections 26 and 27) is

amended as follows.

      (2)
In subsection (1)—

(a)
for “prosecuting authority of its” substitute “Director of Service

Prosecutions (“the Director”) of his”;

(b)
for “under the services Acts” substitute “before a court mentioned in

section 27(1)”;

(c)
for “prosecuting authority” in the second place where it occurs

substitute “Director”.

      (3)
In subsection (2) for “prosecuting authority” in both places substitute

“Director”.

      (4)
Omit subsections (3) to (5).

19D(1)
Section 30 of that Act (conditional release from custody) is amended as

follows.

      (2)
In subsection (1) for “a court-martial, a summary appeal court or a Standing

Civilian Court” substitute “the Court Martial, the Summary Appeal Court or

the Service Civilian Court”.

      (3)
In subsection (2)—

(a)
in paragraph (a) for the words from “a court-martial” to the end

substitute “the Court Martial, the determination of an appeal to the

Court Martial Appeal Court,”;

(b)
in paragraph (b) for the words from “a summary appeal court” to

“1957 Act” substitute “the Summary Appeal Court, the determination

Select Committee Proceedings: 30th March 2006
64

Armed Forces Bill, continued

of an appeal to the High Court under section 148(2) of the Armed

Forces Act 2006“;

(c)
in paragraph (c) for the words from “a Standing Civilian Court” to the

end substitute “the Service Civilian Court, the determination of an

appeal to the Court Martial or of an appeal from the Court Martial to

the Court Martial Appeal Court.”

      (4)
In subsection (4)—

(a)
for paragraph (d) substitute—

“(d)
create service offences punishable by any of the

punishments mentioned in the Table in section 163 of

the Armed Forces Act 2006,”;

(b)
in paragraph (e) for the words from “1955 Acts” to “Armed Forces Act

1976 (c. 52)” substitute “Court Martial Appeals Act 1968 or the

Armed Forces Act 2006”.

      (5)
For subsections (5) and (6) substitute—

“(5A)
Where an order under this section creates an offence punishable with

imprisonment, the maximum term it may authorise is two years.”

Anti-terrorism, Crime and Security Act 2001 (c. 24)

19E
In Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (forfeiture

of terrorist cash), in paragraph 16(3)(a) (case where compensation order

made), after “2000 (c. 6),” insert “or in pursuance of a service compensation

order under the Armed Forces Act 2006,”.

Proceeds of Crime Act 2002 (c. 29)

19F
In section 308(4)(a) of the Proceeds of Crime Act 2002 (general exceptions),

after “2000 (c. 6)” insert “or in pursuance of a service compensation order

under the Armed Forces Act 2006”.

Railways and Transport Safety Act 2003 (c. 20)

19G
In section 90(1) of the Railways and Transport Safety Act 2003 (Crown

application etc), for the words from “Her Majesty’s” to “Army Act 1955 (c.

18),” substitute “any of Her Majesty’s forces (within the meaning of the

Armed Forces Act 2006)”.

19H
In section 101(1) of that Act (military application), for the words from “Her

Majesty’s” to “Army Act 1955 (c. 18)” substitute “any of Her Majesty’s forces

(within the meaning of the Armed Forces Act 2006)”.

Extradition Act 2003 (c. 41)

19I
In section 3 of the Extradition Act 2003 (arrest under certified Part 1

warrant)—

(a)
for subsections (3) and (4) substitute—

“(3)
The warrant may be executed by a service policeman

anywhere, but only if the person is subject to service law or is

a civilian subject to service discipline.”;

(b)
omit subsection (6).

19J
In section 5 of that Act (provisional arrest), for subsections (3) to (5)

substitute—