sc0943003.65-71

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Select Committee Proceedings: 30th March 2006
65

Armed Forces Bill, continued

“(3)
A service policeman may arrest a person under subsection (1) only if

the person is subject to service law or is a civilian subject to service

discipline.

(4)
If a service policeman has power to arrest a person under subsection

(1) he may exercise the power anywhere.”

19K
In section 71 of that Act (arrest warrant following extradition request)—

(a)
for subsection (6) substitute—

“(6)
If a warrant issued under this section—

(a)
is directed to a service policeman, and

(b)
is in respect of a person subject to service law or a

civilian subject to service discipline,


it may be executed anywhere.”;

(b)
omit subsection (8).

19L
In section 73 of that Act (provisional warrant)—

(a)
for subsection (7) substitute—

“(7)
If a warrant issued under this section—

(a)
is directed to a service policeman, and

(b)
is in respect of a person subject to service law or a

civilian subject to service discipline,


it may be executed anywhere.”;

(b)
omit subsection (9).

19M
In section 155 of that Act (service personnel) for the words from “military law”

to the end substitute “service law.”

19N
In section 216 of that Act (interpretative provisions)—

(a)
after subsection (7) insert—

“(7A)
“Civilian subject to service discipline” has the same meaning

as in the Armed Forces Act 2006.”

(b)
for subsections (13) and (14) substitute—

“(13)
“Service policeman” means anyone who is, or by reason of

section 365(5) of the Armed Forces Act 2006 is to be treated

as, a service policeman for the purposes of that Act.

(13A)
“Subject to service law” has the same meaning as in that Act.”

Sexual Offences Act 2003 (c. 42)

19O
In section 81(3)(b) of the Sexual Offences Act 2003 (persons formerly subject

to Part 1 of Sex Offenders Act 1997), omit “or a term of service detention”.

19P
In section 116 of that Act (qualifying offenders for purposes of section 114)—

(a)
in subsection (2)(c), after “93” insert “or 93A”;

(b)
after subsection (2) insert—

“(2A)
In subsection (2)(c) references to the corresponding civil

offence are to be read, in relation to an offence within

paragraph 93A of Schedule 3, as references to the

corresponding offence under the law of England and Wales.”

19Q(1)
Section 131 of that Act (young offenders: application) is amended as follows.

      (2)
In paragraph (a) after “detention and training order” insert “(including an order

under section 210 of the Armed Forces Act 2006)”.

Select Committee Proceedings: 30th March 2006
66

Armed Forces Bill, continued

      (3)
In paragraph (h) after “2000 (c. 6),” insert “section 208 or 217 of the Armed

Forces Act 2006,”.

      (4)
In paragraph (k) after “2003” insert “(including one passed as a result of

section 220 of the Armed Forces Act 2006)”.

      (5)
In paragraph (l) for “that Act” substitute “the Criminal Justice Act 2003

(including one passed as a result of section 221 of the Armed Forces Act

2006)”.

19R(1)
Section 133 (Part 2: general interpretation) is amended as follows.

      (2)
In subsection (1)—

(a)
for the definition of “order for conditional discharge” substitute—

““order for conditional discharge” means an order under any of the

following provisions discharging the offender conditionally—

(a)
section 12 of the Powers of Criminal Courts (Sentencing) Act

2000;

(b)
Article 4 of the Criminal Justice (Northern Ireland) Order 1996;

(c)
section 184 of the Armed Forces Act 2006;

(d)
paragraph 3 of Schedule 5A to the Army Act 1955 or Air Force

Act 1955 or Schedule 4A to the Naval Discipline Act 1957;”;

(b)
in the definition of “the period of conditional discharge” for

paragraphs (c) to (e) substitute—

“(c)
section 184(2) of the Armed Forces Act 2006;”;

(c)
after the definition of “risk of sexual harm order” insert—

““service detention” has the meaning given by section 364 of the

Armed Forces Act 2006;”;

(d)
omit the definition of “term of service detention”.

      (3)
In subsection (1A) after paragraph (b) insert—

“(ba)
Schedule 4 to the Armed Forces Act 2006 (including as

applied by section 16(2) of the Court Martial Appeals Act

1968),”.

19S
In section 134(1) of that Act (conditional discharges and probation orders),

after paragraph (c) insert—

“(ca)
section 186(1) of the Armed Forces Act 2006 (conviction with

absolute or conditional discharge deemed not to be a

conviction);”.

19T(1)
Section 137 of that Act (service courts) is amended as follows.

      (2)
In subsection (1)(d), for the words from “the offence under section 70” to the

end 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

(within the meaning given by that section) is that offence.”

      (3)
In subsection (4) for “a court-martial or Standing Civilian Court” substitute

“the Court Martial or the Service Civilian Court”.

      (4)
After that subsection add—

“(5)
In subsection (1)(a) the reference to a service court includes a

reference to the following—

(a)
the Court Martial Appeal Court;

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

Martial Appeal Court;

(c)
a court-martial;

(d)
a Standing Civilian Court.”

Select Committee Proceedings: 30th March 2006
67

Armed Forces Bill, continued

19U(1)
Schedule 3 to that Act (sexual offences for purposes of Part 2) is amended as

follows.

      (2)
In paragraph 93—

(a)
in sub-paragraph (2) omit “service”;

(b)
after that sub-paragraph add—

  “(3)
In sub-paragraph (2), the reference to detention is to

detention awarded under section 71(1)(e) of the Army Act

1955 or Air Force Act 1955 or section 43(1)(e) of the Naval

Discipline Act 1957.”

      (3)
After that paragraph insert—

“93A (1)
An offence under section 42 of the Armed Forces Act 2006 as

respects which the corresponding offence under the law of England

and Wales (within the meaning given by that section) is an offence

listed in any of paragraphs 1 to 35.

      (2)
A reference in any of those paragraphs to being made the subject of

a community sentence of at least 12 months is to be read, in relation

to an offence under that section, as a reference to—

(a)
being made the subject of a service community order or

overseas community order under the Armed Forces Act

2006 of at least 12 months; or

(b)
being sentenced to a term of service detention of at least

112 days.

      (3)
Section 48 of that Act (attempts, conspiracy, incitement and aiding

and abetting outside England and Wales) applies for the purposes

of this paragraph as if the reference in subsection (3)(b) to any of

the following provisions of that Act were a reference to this

paragraph.”

19V
In Schedule 5 to that Act (other offences for purposes of Part 2), after

paragraph 172 insert—

“172A (1)
An offence under section 42 of the Armed Forces Act 2006 as

respects which the corresponding offence under the law of England

and Wales (within the meaning given by that section) is an offence

listed in any of paragraphs 1 to 63A.

      (2)
Section 48 of that Act (attempts, conspiracy, incitement and aiding

and abetting outside England and Wales) applies for the purposes

of this paragraph as if the reference in subsection (3)(b) to any of

the following provisions of that Act were a reference to this

paragraph.”’.

Mr Don Touhig

Agreed to  100

Schedule  14,  page  236,  line  18,  at end insert—

‘19W (1)
Section 94 of the Criminal Justice Act 2003 (extension of section 31 of the

Armed Forces Act 2001) is amended as follows.

      (2)
For subsection (1) substitute—

“(1)
Section 320 of the Armed Forces Act 2006 (provision in consequence

of criminal justice enactments) applies in relation to an enactment

contained in this Part so far as relating to matters not specified in

subsection (2) of section 321 of that Act as it applies in relation to a

Select Committee Proceedings: 30th March 2006
68

Armed Forces Bill, continued

criminal justice enactment (within the meaning given by that

section).”

      (3)
In subsection (2) for “that section” substitute “section 320 of that Act”.

      (4)
For subsection (3) substitute—

“(3)
In subsection (2) “service offence” has the same meaning as in the

Armed Forces Act 2006.”

19X
In section 112(1) of that Act (interpretation of Chapter 1 of Part 11 (evidence

of bad character)), for the definition of “service offence” substitute—

““service offence” has the same meaning as in the Armed Forces Act

2006;”.’.

Mr Don Touhig

Agreed to  101

Schedule  14,  page  236,  line  19,  leave out ‘the Criminal Justice Act 2003’ and insert

‘that Act’.

Mr Don Touhig

Agreed to  102

Schedule  14,  page  236,  line  39,  at end insert—

‘21A
For section 233 of that Act substitute—

“233
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 (criminal conduct),

and

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

Wales, within the meaning given by that section, was a

relevant offence,


section 229 has effect as if he had at that time been convicted in

England and Wales of that corresponding offence.

(2)
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.”’.

Mr Don Touhig

Agreed to  103

Schedule  14,  page  238,  line  10,  at end insert—

‘30A
In section 269(3)(b) of that Act (determination of minimum term in relation to

mandatory life sentence), after “custody)” insert “or under section 245 of the

Armed Forces Act 2006 (equivalent provision for service courts)”.

30B
In section 272 of that Act (review of minimum term on a reference by the

Attorney General), omit subsections (2) and (3).

30C
In section 277 of that Act (interpretation of Chapter 7 of Part 12 (effect of life

sentence)), in the definition of “court”, for “a court-martial” substitute “the

Court Martial”.’.

Select Committee Proceedings: 30th March 2006
69

Armed Forces Bill, continued

Mr Don Touhig

Agreed to  104

Schedule  14,  page  238,  line  36,  at end insert—

‘32A (1)
Section 337 of that Act (extent) is amended as follows.

      (2)
In subsection (12)—

(a)
in paragraph (a) for “by a court-martial” substitute “in respect of

service offences within the meaning of the Armed Forces Act 2006”;

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

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

Court”.

      (3)
After that subsection insert—

“(12A)
Nothing in subsection (1) affects the extent of section 94; and section

373 of the Armed Forces Act 2006 applies in relation to section 94 of

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

      (4)
In subsection (13)—

(a)
in paragraph (a)—

(i)
omit sub-paragraphs (i) to (iii), (v), (vii) and (viii);

(ii)
in sub-paragraph (iv) for “Courts-Martial (Appeals) Act

1968” substitute “Court Martial Appeals Act 1968”, and at the

end of that sub-paragraph insert “or”;

(b)
omit paragraph (b).

32B(1)
Schedule 6 to that Act (modifications for armed forces of provisions about

evidence of bad character) is amended as follows.

      (2)
In paragraph 3—

(a)
in sub-paragraph (1) for “courts-martial” substitute “the Court

Martial”;

(b)
in sub-paragraph (2)—

(i)
in paragraph (a) for “judge and jury” substitute “a judge and

jury”;

(ii)
also in paragraph (a) for “court-martial” substitute “the Court

Martial”;

(iii)
in paragraph (c) for “dissolve” substitute “discharge”;

(c)
in sub-paragraph (4)—

(i)
in the paragraph substituted by paragraph (a), for the words

from “section 115B(2) of the Army” to “1957” substitute

“section 166 of the Armed Forces Act 2006”;

(ii)
in paragraph (c) for “dissolve” substitute “discharge”;

(d)
in the subsection substituted by sub-paragraph (5), for “dissolve”

substitute “discharge”.

      (3)
In the subsection substituted by paragraph 4 of that Schedule—

(a)
in paragraph (a) for “a court-martial” substitute “the Court Martial”;

(b)
in paragraph (b) for “a Standing Civilian Court” substitute “the

Summary Appeal Court or the Service Civilian Court”.

      (4)
For paragraph 6 substitute—

“6
In this Schedule “service court” means—

(a)
the Court Martial;

(b)
the Summary Appeal Court;

(c)
the Service Civilian Court; or

(d)
the Court Martial Appeal Court.”’.

Select Committee Proceedings: 30th March 2006
70

Armed Forces Bill, continued

Mr Don Touhig

Agreed to  105

Schedule  14,  page  238,  line  37,  leave out from beginning to ‘substitute’ in line 38

and insert—

    ‘(1)
Schedule 7 to that Act (modifications for armed forces of provisions about

hearsay evidence) is amended as follows.

      (2)
In paragraph 2—

(a)
for sub-paragraph (2)’.

Mr Don Touhig

Agreed to  106

Schedule  14,  page  239,  line  2,  at end insert—

‘(b)
in the subsection inserted by sub-paragraph (3), for the words from

““criminal proceedings”” to the end substitute “the reference to

criminal proceedings includes proceedings before an officer in respect

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

2006.”;

(c)
in the paragraph substituted by sub-paragraph (4), for “a court-

martial” substitute “the Court Martial”;

(d)
for sub-paragraph (5) substitute—

  “(5)
In section 127—

(a)
in subsection (1)(c)—

(i)
for “the appropriate rules” substitute

“rules made under the Armed Forces Act

2006 or the Court Martial Appeals Act

1968”;

(ii)
for “section 9 of the Criminal Justice Act

1967 (c. 80)” substitute “such rules”;

(b)
omit subsection (7).”;

(e)
in the subsection inserted by sub-paragraph (7), for paragraphs (a) and

(b) substitute “to proceedings before an officer, the Court Martial or

the Service Civilian Court in respect of a service offence within the

meaning of the Armed Forces Act 2006.”

      (3)
In paragraph 3—

(a)
in sub-paragraph (1) for “courts-martial” substitute “the Court

Martial”;

(b)
in sub-paragraph (2)—

(i)
for “judge and jury” substitute “a judge and jury”;

(ii)
for “court-martial” substitute “the Court Martial”.

      (4)
In paragraph 4—

(a)
in sub-paragraph (1) for “courts-martial” substitute “the Court

Martial”;

(b)
in sub-paragraph (2)—

(i)
in paragraph (a) for “judge and jury” substitute “a judge and

jury”;

(ii)
also in paragraph (a) for “court-martial” substitute “the Court

Martial”;

(iii)
in paragraph (c) for “dissolve” substitute “discharge”;

(c)
in sub-paragraph (4)—

Select Committee Proceedings: 30th March 2006
71

Armed Forces Bill, continued

(i)
in the paragraph substituted by paragraph (a), for the words

from “section 115B(2) of the Army” to “1957” substitute

“section 166 of the Armed Forces Act 2006”;

(ii)
in paragraph (c) for “dissolve” substitute “discharge”;

(d)
in the subsection substituted by sub-paragraph (5), for “dissolve”

substitute “discharge”.

      (5)
Omit paragraphs 5 to 7.

      (6)
For paragraph 8 substitute—

“8
In this Schedule, and in any provision of this Part as applied by this

Schedule, “service court” means—

(a)
the Court Martial;

(b)
the Summary Appeal Court;

(c)
the Service Civilian Court; or

(d)
the Court Martial Appeal Court.”

33A
In Schedule 21 to that Act (determination of minimum term in relation to

mandatory life sentence), at the end of paragraph 12 (but not as part of sub-

paragraph (c)) insert “or of section 237(1)(b) or (c) or 238 of the Armed Forces

Act 2006.”’.

Mr Don Touhig

Agreed to  107

Schedule  14,  page  239,  line  5,  at end insert—

‘Domestic Violence, Crime and Victims Act 2004 (c.28)

35  (1)
Section 8 of the Domestic Violence, Crime and Victims Act 2004 (evidence

and procedure: courts-martial) is amended as follows.

      (2)
In the sidenote for “courts-martial” substitute “the Court Martial”.

      (3)
In subsection (1) for “courts-martial” substitute “the Court Martial”.

      (4)
For subsection (2) substitute—

“(2)
A reference to an offence—

(a)
of murder,

(b)
of manslaughter, or

(c)
under section 5,


is to be read as a reference to an offence under section 42 of the Armed

Forces Act 2006 as respects which the corresponding offence under

the law of England and Wales (within the meaning given by that

section) is that offence.”

36
In section 45(1) of that Act (interpretation of sections 35 to 44), in the

definition of “court”, for “a court-martial or the Courts-Martial Appeal Court”

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

37
For section 62(4) of that Act (extent) substitute—

“(4)
Nothing in subsection (1) affects the extent of section 8 or of any

provision of section 6 as applied by section 8.”

Human Tissue Act 2004 (c. 30)

38
In section 39(6)(c) of the Human Tissue Act 2004 (criminal justice purposes),

for the words from “offences” to the end substitute “service offences within the

meaning of the Armed Forces Act 2006.”