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Select Committee Proceedings: 30th March 2006            

86

 

Armed Forces Bill, continued

 
 

Misconduct towards a subordinate

 

Mr Gerald Howarth

 

Robert Key

 

Mr David Burrowes

 

Mr Simon Burns

 

Not called  nc1

 

To move the following Clause:—

 

‘(1)    

A person subject to service law commits an offence if—

 

(a)    

he uses violence against a person who by reason of rank or appointment

 

is subordinate to him (“B”); and

 

(b)    

he knows or has reasonable cause to believe that B is a subordinate.

 

(2)    

A person subject to service law commits an offence if—

 

(a)    

his behaviour towards a person who is by reason of rank or appointment

 

subordinate to him (“B”) is threatening or disrespectful; and

 

(b)    

he knows or has reasonable cause to believe that B is a subordinate.

 

(3)    

For the purposes of this section—

 

(a)    

the behaviour of a person (“A”) towards another person (“B”) includes

 

any communication made by A to B (whether or not in B’s presence);

 

(b)    

“threatening” behaviour is not limited to behaviour that threatens

 

violence.

 

(4)    

A person guilty of an offence under this section is liable to any punishment

 

mentioned in the Table in section 163, but any sentence of imprisonment imposed

 

in respect of the offence must not exceed—

 

(a)    

in the case of an offence under subsection (1), or an offence under

 

subsection (2) of behaviour that is threatening, ten years;

 

(b)    

in any other case, two years.’.

 


 

Inaccurate certification

 

Mr Gerald Howarth

 

Robert Key

 

Mr David Burrowes

 

Mr Simon Burns

 

Not called  nc2

 

To move the following Clause:—

 

‘(1)    

A person subject to service law or a civilian subject to service discipline commits

 

an offence if—

 

(a)    

he gives a certificate, makes or signs a record or makes an entry in a

 

record without having ensured its accuracy; and

 

(b)    

that certificate, record or entry relates to—

 

(i)    

any matter relating to the seaworthiness or fighting efficiency of

 

any of Her Majesty’s ships;

 

(ii)    

any matter relating to the airworthiness or fighting efficiency of

 

any of Her Majesty’s aircraft

 

(iii)    

any matter relating to the safety or fighting efficiency of any

 

service material.


 
 

Select Committee Proceedings: 30th March 2006            

87

 

Armed Forces Bill, continued

 
 

(2)    

A person guilty of an offence under this section is liable to any punishment

 

mentioned in the Table in section 163, but any sentence of imprisonment imposed

 

in respect of the offence must not exceed two years.’.

 


 

Dangerous conduct

 

Mr Gerald Howarth

 

Robert Key

 

Mr David Burrowes

 

Mr Simon Burns

 

Withdrawn  nc3

 

To move the following Clause:—

 

‘(1)    

A person subject to service law or a civilian subject to service discipline commits

 

an offence if—

 

(a)    

without lawful excuse he does an act in relation to—

 

(i)    

the operation, handling, servicing or storage; and

 

(ii)    

the giving of directions with respect to the operation, handling

 

servicing or storage—

 

    

of any of Her Majesty’s ships, Her Majesty’s aircraft or service material,

 

(b)    

the act causes, or is likely to cause, injury to a person.

 

(2)    

A person guilty of an offence under this section is liable to any punishment

 

mentioned in the Table in section 163, but any sentence of imprisonment imposed

 

in respect of the offence must not exceed—

 

(a)    

where the offender was reckless, ten years;

 

(b)    

in any other case, two years.’.

 


 

Unauthorised discharge of a weapon

 

Mr Gerald Howarth

 

Robert Key

 

Mr David Burrowes

 

Mr Simon Burns

 

Not called  nc4

 

To move the following Clause:—

 

‘(1)    

A person subject to service law or a civilian subject to service discipline commits

 

an offence if—

 

(a)    

he does an act which causes, or contributes to, the discharge of a weapon;

 

(b)    

the discharge was not authorised.


 
 

Select Committee Proceedings: 30th March 2006            

88

 

Armed Forces Bill, continued

 
 

(2)    

A person guilty of an offence under this section is liable to any punishment

 

mentioned in the Table in section 163, but any sentence of imprisonment imposed

 

in respect of the offence must not exceed six months.’.

 


 

Commanding or ordering a service offence to be committed

 

Mr Gerald Howarth

 

Robert Key

 

Mr David Burrowes

 

Mr Simon Burns

 

Not called  nc5

 

To move the following Clause:—

 

‘(1)    

A person subject to service law commits an offence if—

 

(a)    

he commands or orders a person to engage in conduct; and

 

(b)    

that conduct would constitute the commission of a service offence.

 

(2)    

A person guilty of an offence under this section is liable to any punishment

 

mentioned in the Table in section 163, but any punishment must exceed the

 

maximum punishment for the last-mentioned offence.’.

 


 

Grievance procedure

 

Mr Gerald Howarth

 

Robert Key

 

Mr David Burrowes

 

Mr Simon Burns

 

Not called  nc6

 

To move the following Clause:—

 

‘(1)    

A person subject to service law commits an offence if he undermines or stifles, or

 

seeks to undermine or stifle, any procedure for the redress of grievance.

 

(2)    

A person guilty of an offence under this section is liable to any punishment

 

mentioned in the Table in section 163, but any sentence of imprisonment imposed

 

in respect of the offence must not exceed two years.’.

 



 
 

Select Committee Proceedings: 30th March 2006            

89

 

Armed Forces Bill, continued

 
 

Unnecessary detention or failure to bring up for investigation

 

Mr Gerald Howarth

 

Robert Key

 

Mr David Burrowes

 

Mr Simon Burns

 

 

Not called  NC7

 

To move the following Clause:—

 

‘(1)    

A person subject to service law commits an offence if—

 

(a)    

he unnecessarily detains a person subject to service law or a civilian

 

subject to service discipline in arrest or confinement; or

 

(b)    

he fails to bring that other person’s case before the proper authority for

 

investigation.

 

(2)    

A person guilty of an offence under this section is liable to any punishment

 

mentioned in the Table in section 163, but any sentence of imprisonment imposed

 

in respect of the offence must not exceed two years.’.

 


 

Disobedience of captain’s orders—Her Majesty’s Ships

 

Mr Gerald Howarth

 

Robert Key

 

Mr David Burrowes

 

Mr Simon Burns

 

 

Not called  NC8

 

To move the following Clause:—

 

‘(1)    

A person subject to service law or a civilian subject to service discipline commits

 

an offence if he disobeys any lawful command by the captain of any of Her

 

Majesty’s ships in relation to the navigation or handling of the ship or affecting

 

the safety of the ship, whether or not the captain is subject to service law.

 

(2)    

For the purposes of this section a person of whatever rank shall, when the person

 

is in a ship, be under the command, in respect of all matters relating to the

 

navigation and handling of the ship or affecting the safety of the ship, of the

 

captain of the ship, whether or not the captain is subject to service law;

 

(3)    

A person guilty of an offence under this section is liable to any punishment

 

mentioned in the Table in section 163, but any sentence of imprisonment must not

 

exceed ten years.’.

 



 
 

Select Committee Proceedings: 30th March 2006            

90

 

Armed Forces Bill, continued

 
 

Rules of Engagement

 

Mr Gerald Howarth

 

Robert Key

 

Mr David Burrowes

 

Mr Simon Burns

 

 

Not called  NC9

 

To move the following Clause:—

 

‘(1)    

Where the Armed Forces are to be engaged in an operation the Secretary of State

 

shall draw up a document to be known as The Rules of Engagement (“the Rules”).

 

(2)    

The Secretary of State shall cause appropriate extracts from the Rules dealing

 

with particular aspects of Rules to be made and set out on cards (“Cards”).

 

(3)    

When approved by the Defence Council the Rules and any Cards shall have the

 

force of law under this Act.

 

(4)    

The Rules and the Cards may be revised by the Defence Council at any time in

 

the course of the operation.

 

(5)    

A copy of the Rules shall be distributed to the Commanding Officers of every unit

 

engaged in the operation and to the Service Prosecuting Authorities.

 

(6)    

Cards shall be distributed as appropriate by Commanding Officers to all members

 

of the Armed Forces engaged in the operation and to any attached civillians.

 

(7)    

It shall be an absolute defence to any charge alleging misconduct to show that the

 

conduct concerned fell within the Rules.

 

(8)    

The Secertary of State may direct that the Rules be classified to the degree that he

 

considers necessary for the conduct of operations and shall be exempt from

 

disclosure accordingly.

 

(9)    

Cards shall not be classified and copies of them shall be placed in the Libraries of

 

the Houses of Parliament.’.

 


 

Conduct after capture by the enemy

 

Mr Gerald Howarth

 

Robert Key

 

Mr David Burrowes

 

Mr Simon Burns

 

Not called  nc10

 

To move the following Clause:—

 

‘(1)    

Subsections (2) and (3) apply to a person subject to service law or a civilian

 

subect to service discipline who has been captured by an enemy.

 

(2)    

A person to whom this subsection applies commits an offence if—

 

(a)    

he engages in conduct with the intention of securing favourable

 

treatment; and

 

(b)    

the conduct is detrimental to other persons also captured by an enemy.

 

(3)    

A person to whom this subsection applies commits an offence if—

 

(a)    

he is in a position of authority over other persons also captured by an

 

enemy; and

 

(b)    

he ill-treats those other persons.


 
 

Select Committee Proceedings: 30th March 2006            

91

 

Armed Forces Bill, continued

 
 

(4)    

A person guilty of an offence under this section is liable to any punishment

 

mentioned in the Table in section 163, but any sentence of imprisonment imposed

 

in respect of the offence must not exceed ten years.’.

 


 

Disobedience of captain’s orders - Her Majesty’s aircraft

 

Mr Gerald Howarth

 

Robert Key

 

Mr David Burrowes

 

Mr Simon Burns

 

Not called  nc11

 

To move the following Clause:—

 

‘(1)    

A person subject to service law or a civilian subject to service discipline commits

 

an offence if he disobeys any lawful command by the captain of any of Her

 

Majesty’s aircraft in relation to the flying or handling of the aircraft or affecting

 

the safety of the aircraft, whether or not the captain is subject to service law.

 

(2)    

For the purposes of this section—

 

(a)    

a person of whatever rank shall, when the person is in an aircraft, be

 

under the command, in respect of all matters relating to the navigation

 

and handling of the ship or affecting the safety of the aircraft, of the

 

captain of the aircraft, whether or not the captain is subject to service law;

 

and

 

(b)    

if the aircraft is a glider and is being towed by another aircraft, the captain

 

of the glider shall, so long as the glider is being towed, be under the

 

command, in respect of all matters relating to the flying or handling of

 

the glider or affecting the safety of the glider, of the captain of the towing

 

aircraft, whether or not the captain is subject to service law.

 

(3)    

A person guilty of an offence under this section is liable to any punishment

 

mentioned in the Table in section 163, but any sentence of imprisonment must not

 

exceed ten years.’.

 


 

Act or omission in execution of law

 

Mr Gerald Howarth

 

Robert Key

 

Mr David Burrowes

 

Mr Simon Burns

 

Withdrawn  nc15

 

To move the following Clause:—

 

‘Before Clause 1 insert—

 

         

“Act or omission in execution of law

 

A person is not liable for or to be convicted of a service offence by reason

 

of an act or omission that—

 

(a)    

was in execution of the law; or


 
 

Select Committee Proceedings: 30th March 2006            

92

 

Armed Forces Bill, continued

 
 

(b)    

was in obedience to—

 

(i)    

a lawful order; or

 

(ii)    

an unlawful order that the person did not know, and

 

could not reasonably be expected to have known, was

 

unlawful.”.’.

 


 

Investigation of charges by commanding officer (No. 1)

 

Mr Gerald Howarth

 

Robert Key

 

Mr David Burrowes

 

Mr Simon Burns

 

Not called  NC16

 

To move the following Clause:—

 

‘(1)    

An allegation that a person subject to military law (“the accused”) has committed

 

an offence against any provision of this Part of this Act shall be reported, in the

 

form of a charge, to his commanding officer.

 

(2)    

A commanding officer shall investigate a charge reported to him under subsection

 

(1) above.

 

(3)    

If, in the course of investigating a charge, the commanding officer considers it

 

appropriate to do so, he may amend the charge or substitute another charge for it

 

and treat the amended or substituted charge as if that charge had been reported to

 

him under subsection (1) above.

 

(4)    

If, in the course of investigating a charge, it appears to the commanding officer

 

that proceedings in respect of the matters to which the charge relates could be, and

 

in the interests of the better administration of justice should be, taken against the

 

accused otherwise than under this Act he may stay further proceedings with

 

respect to the charge.

 

(5)    

After investigating a charge the commanding officer may, subject to subsection

 

(6) below—­

 

(a)    

dismiss the charge;

 

(b)    

refer the charge to higher authority; or

 

(c)    

deal summarily with the charge,

 

(6)    

The commanding officer may not deal summarily with a charge if—

 

(a)    

the accused is an officer or warrant officer; or

 

(b)    

the charge is not capable of being dealt with summarily.

 

(7)    

Where a commanding officer considers that he may wish to dismiss a charge

 

under this provision he should first consult with his higher authority who in turn

 

may seek the views of service prosecuting authority.’.

 



 
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