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| | Investigation of charges by commanding officer (No. 2) |
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| To move the following Clause:— |
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| | ‘(1) | An allegation that a person subject to military law (“the accused”) has committed |
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| | an offence against any provision of this Part of this Act shall be reported, in the |
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| | form of a charge, to his commanding officer. |
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| | (2) | A commanding officer shall investigate a charge reported to him under subsection |
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| | (3) | If, in the course of investigating a charge, the commanding officer considers it |
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| | appropriate to do so, he may amend the charge or substitute another charge for it |
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| | and treat the amended or substituted charge as if that charge had been reported to |
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| | him under subsection (1) above. |
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| | (4) | If, in the course of investigating a charge, it appears to the commanding officer |
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| | that proceedings in respect of the matters to which the charge relates could be, and |
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| | in the interests of the better administration of justice should be, taken against the |
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| | accused otherwise than under this Act he may stay further proceedings with |
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| | (5) | After investigating a charge the commanding officer may, subject to subsection |
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| | (b) | refer the charge to higher authority; or |
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| | (c) | deal summarily with the charge, |
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| | (6) | The commanding officer may not deal summarily with a charge if— |
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| | (a) | the accused is an officer or warrant officer; or |
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| | (b) | the charge is not capable of being dealt with summarily.’. |
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| | Investigation of charges by commanding officer (No. 3) |
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| To move the following Clause:— |
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| | ‘(1) | An allegation that a person subject to military law (“the accused”) has committed |
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| | an offence against any provision of this Part of this Act shall be reported, in the |
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| | form of a charge, to his commanding officer. |
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| | (2) | A commanding officer shall investigate a charge reported to him under subsection |
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| | (3) | If, in the course of investigating a charge, the commanding officer considers it |
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| | appropriate to do so, he may amend the charge or substitute another charge for it |
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| | and treat the amended or substituted charge as if that charge had been reported to |
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| | him under subsection (1) above. |
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| | (4) | If, in the course of investigating a charge, it appears to the commanding officer |
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| | that proceedings in respect of the matters to which the charge relates could be, and |
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| | in the interests of the better administration of justice should be, taken against the |
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| | accused otherwise than under this Act he may stay further proceedings with |
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| | (5) | After investigating a charge the commanding officer may, after consulting with |
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| | the service prosecuting authority, subject to subsection (6) below— |
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| | (b) | refer the charge to higher authority; or |
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| | (c) | deal summarily with the charge, |
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| | (6) | The commanding officer may not deal summarily with a charge if— |
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| | (a) | the accused is an officer or warrant officer; or |
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| | (b) | the charge is not capable of being dealt with summarily.’. |
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| | Powers of higher authority |
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| To move the following Clause:— |
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| | ‘(1) | Where a charge is referred to higher authority, the higher authority shall refer the |
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| | case to the prosecuting authority unless he takes one of the steps mentioned in this |
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| | section in relation to the charge. |
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| | (2) | The higher authority may refer the charge back to the commanding officer of the |
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| | accused with a direction to dismiss it or to stay all further proceedings in relation |
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| | to it, and the commanding officer shall deal with the charge accordingly. |
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| | (3) | If the charge is against a non-commissioned officer or lower rank and is capable |
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| | of being dealt with summarily, the higher authority may refer it back to the |
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| | commanding officer of the accused to be so dealt with. |
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| | (4) | If the charge is against an officer below the rank of [colonel] or a warrant officer |
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| | and is capable of being dealt with summarily, the higher authority may refer it to |
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| | the appropriate superior authority to be so dealt with. |
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| | (5) | If the charge has been referred to the higher authority as a result of an election for |
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| | court-martial trial, and that election has not been withdrawn with leave, he may |
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| | not refer the charge back to the commanding officer of the accused, or (as the case |
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| | may be) to the appropriate superior authority, to be dealt with summarily.’. |
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| | Review of sentence by Court Martial Appeal Court |
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| To move the following Clause:— |
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| | ‘(1) | Where a court martial has found the accused guilty of any offence, the accused |
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| | may, on any grounds, within 30 days of sentencing, present a petition to the Court |
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| | Martial Appeal Court against finding or sentence or both. |
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| | (2) | On a reference under subsection (1), the Court Martial Appeal Court may— |
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| | (a) | quash the sentence passed by the Court Martial; or |
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| | (b) | pass in substitution for it any sentence which the Court Martial Appeal |
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| | Court thinks is appropriate and which is a sentence that the Court Martial |
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| | had the power to pass in respect of the offence; or |
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| To move the following Clause:— |
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| | ‘(1) | Where a court martial has found the accused guilty of any offence, the accused |
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| | may, within 30 days of sentencing, present a petition to the Defence Council |
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| | against finding or sentence or both. |
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| | (2) | The reviewing authority shall, in accordance with subsections (3) and (4) below, |
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| | review any finding of guilt made, and sentence passed, by a court martial. |
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| | (3) | The review under this section shall (if it does not begin sooner) begin as soon as |
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| | (a) | in a case where a petition has been presented under this section, the |
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| | presentation of the petition; |
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| | (b) | in any other case, the end of the period within which a petition under this |
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| | section may be presented. |
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| | (4) | Where an application for leave to appeal to the Courts Martial Appeal Court |
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| | agains a finding or sentence has been made before the review under this section |
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| | of the finding or sentence has been completed— |
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| | (a) | the reviewing authority shall complete the review as soon as is |
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| | (b) | if leave to appeal is granted before the review has been completed, the |
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| | authority shall cease considering the review. |
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| | (5) | For the purposes of this Act the reviewing authority is— |
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| | (a) | the Defence Coucil; or |
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| | (b) | any officer to whom all or any of the powers of the Defence Council as |
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| | reviewing authority may be delegated by the Defence Council.’. |
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| | Powers of reviewing authority on review under section [Review of sentence] |
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| To move the following Clause:— |
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| | ‘(1) | On a review under section [Review of sentence] of this Act of a finding or |
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| | sentence of a court martial the reviewing authority has the following powers. |
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| | (2) | Insofar as the review is of a finding of guilt, the authority may— |
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| | (a) | quash that finding and, if the sentence relates only to that finding, quash |
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| | the sentence passed in consequence of that finding; |
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| | (b) | substitute a finding mentioned in subsection (3) below if that finding |
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| | could have been validly made by the court martial and the authority is of |
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| | the opinion that the court martial must have been satisfied of facts which |
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| | would justify the making of that finding; |
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| | and, where another finding is so substituted, the authority may pass any such |
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| | sentence (not being, in the opinion of the authority, more severe than the sentence |
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| | originally passed) open to a court martial on making such a finding as appears |
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| | (3) | The findings referred to in subsection (2) above are— |
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| | (a) | any finding of guilt which could have been validly made by the court |
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| | martial on the charge before it; |
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| | (b) | if the court martial recorded no finding on a charge alternative to a charge |
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| | on which the court made the finding being reviewed, a finding of guilt on |
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| | (4) | Insofar as the review is of a sentence, the authority may quash the sentence or |
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| | substitute a sentence (not being, in the opinion of the authority, more severe than |
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| | the sentence originally passed) which was open to the court martial. |
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| | (5) | In reviewing a sentence, the authority may— |
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| | (a) | remit in whole or part any punishment awarded by the court; |
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| | (b) | commute any such punishment for one or more punishments provided by |
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| | being less than the punishment commuted. |
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| | (6) | Where it appears to the reviewing authority that the court martial, in sentencing |
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| | the accused, exceeded or erroneously exercised its powers to take other offences |
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| | into consideration, the authority shall (whether or not substituting a different |
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| | sentence or remitting or commuting punishment) annul the taking into |
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| | consideration of the other offence or offences in question and any orders |
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| | dependent thereon; and where the authority does so the offence or offences shall |
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| | be treated for all purposes as not having been taken into consideration. |
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| | (7) | Any substituted finding or sentence, or sentence having effect after the remission |
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| | or commutation of punishment— |
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| | (a) | shall be treated for all purposes as having been made or passed by the |
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| | (b) | shall be promulgated and shall have effect as from the date of |
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| | British Armed Forces Federation |
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| To move the following Clause:— |
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| | ‘(1) | There shall be a British Armed Forces Federation (in this section referred to as |
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| | (2) | Membership of the Federation shall be open to all serving and retired members of |
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| | Her Majesty’s Armed Regular and Reserve Armed Forces. |
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| | (3) | The Federation’s primary purpose shall be to— |
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| | (a) | foster and promote the professional, |
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| | | interests of its members.’. |
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| | Military Complaints Commissioner |
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| To move the following Clause:— |
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| | ‘(1) | There shall be a Military Complaints Commissioner (in this section referred to as |
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| | (2) | The Commissioner shall exercise his powers under this Act in such manner and |
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| | to such extent as appears to him to be best calculated to secure— |
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| | (a) | the efficiency, effectiveness and independence of the military complaints |
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| | (b) | the confidence of the public and of members of the Armed Forces in that |
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| | (3) | Any member of Her Majesty’s Armed Forces, or member of the public shall be |
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| | entitled to make a complaint to the Military Complaints Commissioner. |
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| | (4) | The Commissioner shall investigate— |
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| | (a) | all non-combat Service deaths or serious injuries, |
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| | (b) | all serious complaints, |
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| | (c) | any complaint made to him that he determines requires investigation. |
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| | (5) | If the complaint is a serious complaint, the Commissioner shall formally |
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| | investigate it in accordance with subsection (7). |
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| | (6) | In the case of any other complaint, the Commissioner may as he thinks fit— |
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| | (a) | formally investigate the complaint in accordance with subsection (7); or |
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| | (b) | refer the complaint to the appropriate Commanding Officers or Higher |
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| | (c) | dismiss the complaint. |
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| | (7) | Where the Commissioner conducts a formal investigation he shall— |
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| | (a) | inform the Secretary of State, |
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| | (b) | be given access to all documents and persons as he sees fit, |
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| | (c) | make a report in accordance to the appropriate Commanding Officers or |
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| | (8) | Where a Commanding Officer or Higher Authority receives a report from the |
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| | Commissioner under subsection (7) he must act on the information in that report. |
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| | (9) | As soon as possible after the end of each financial year the Commissioner must |
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| | make a report to the Secretary of State on— |
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| | (a) | the way in which he has discharged his functions during the year; |
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| | (b) | what he has found in the course of exercising that function during the |
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| | (c) | the matters he intends to consider or research during the next financial |
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| | (10) | The Secretary of State must lay a copy of any report under subsection (8) before |
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| | each House of Parliament. |
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| | (11) | In this section, “serious complaint” means a complaint— |
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| | (a) | alleging that the conduct complained of resulted in the death of, or |
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| | serious injury to, some person; |
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| | (c) | of such other description as may be prescribed. |
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| | “serious injury” means a fracture, damage to an internal organ or |
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| | impairment of physical or mental bodily function. |
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| | “bullying” means actions that cause undue distress, whether intentional or |
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| | “appropriate Commanding Officers” means— |
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| | (a) | the Commanding Officer of the person making the complaint |
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| | when the Commissioner makes his report or referral, |
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| | (b) | the Commanding Officer of any person referred to in the |
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| | complaint when the Commissioner makes his report or referral, |
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| | (c) | the Commanding Officer of the person making the complaint |
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| | when the incident or incidents referred to in the complaint |
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| | (d) | the Commanding Officer of any person referred to in the |
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| | complaint when the incident or incidents referred to in the |
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| | “Commanding Officer” has the meaning given in section 364. |
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| | “Higher Authority” has the meaning given in section 364. |
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| | (13) | The Commissioner shall be appointed by Her Majesty. |
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| | (14) | The person appointed as Commissioner shall not be a serving member of the |
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| | regular or reserve armed forces. |
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| | (15) | The Commissioner may employ such persons as he thinks fit to enable him to |
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| | carry out his functions.’. |
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| | Inspector General of Service Police |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State shall appoint an Inspector General of Service Police (the |
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| | (2) | A person may not be appointed Inspector General if— |
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| | (a) | he is a member of the regular or reserve forces or has been within the six |
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| | months prior to appointment; or |
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| | (b) | he is a civilian subject to service discipline or has been within six months |
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| | (3) | A person may not be appointed Inspector General unless he has knowledge and |
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| | experience in relation to service policing issues and an understanding of their |
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| | relevance to the role of Her Majesty’s forces. |
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| | (4) | The Insepector General shall be paid such salary and allowances as the Secretary |
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| | of State may determine.’. |
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| | Functions of the Inspector General |
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| To move the following Clause:— |
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| | ‘(1) | The Inspector General shall inspect and report to the Secretary of State on the |
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| | efficiency and effectiveness of every service police force. |
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| | (2) | The Inspector General shall carry out such other duties for the purpose of |
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| | furthering service police efficiency and effectiveness as the Secretary of State |
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| | may from time to time direct. |
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| | (3) | The Inspector General shall in each year submit to the Secretary of State a report |
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| | in such form as the Secretary of State may direct, and the Secretary of State shall |
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| | lay a copy of the report before the House on any of the first fifteen days on which |
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| | the House is sitting after the Secretary of State receives it.’. |
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