Armed Forces Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Armed Forces Bill

Armed Forces Bill
Part 12 — Service and Effect of Certain Sentences
146

Effect of custodial sentence or detention on rank or rate
291
Effect on rank or rate of WOs and NCOs of custodial sentence or sentence of
service detention
(1)
This section applies where a custodial sentence or sentence of service detention
is passed on a warrant officer or non-commissioned officer (“the offender”) in
5
respect of a service offence without a sentence of dismissal or dismissal with
disgrace also being passed on the offender in respect of that or any other
offence.
(2)
The offender’s rank or rate is reduced from the beginning of the day on which
the sentence takes effect to the lowest rank or rate to which it could be reduced
10
under section 163.
(3)
For the purposes of this section, the making of an order under section 213
(detention for commission of offence during currency of order) in respect of a
person is to be treated as the passing of a custodial sentence on him in respect
of a service offence.
15
292
Rank or rate of WOs and NCOs while in custody pursuant to custodial
sentence etc
(1)
While a warrant officer or non-commissioned officer is in custody in pursuance
of a sentence or order to which this section applies, he is for all purposes to be
treated as being—
20
(a)
if he is a member of any of Her Majesty’s air forces, of the highest rank
he has held in that force as an airman;
(b)
otherwise, of the rank or rate of able rate, marine or soldier (as the case
may be).
(2)
The sentences to which this section applies are—
25
(a)
a custodial sentence passed in respect of a service offence;
(b)
a sentence of service detention;
(c)
a sentence of imprisonment, or a sentence corresponding to any other
custodial sentence, passed by a civilian court in the British Islands.
(3)
The orders to which this section applies are—
30
(a)
an order under section 213 (detention for commission of offence during
currency of order);
(b)
an order under section 104 of the Sentencing Act (detention of offender
subject to detention and training order for breach of supervision
requirements);
35
(c)
an order made by a civilian court in the British Islands corresponding
to an order within paragraph (a) or (b).
Effect of dismissal
293
Effect of sentence of dismissal
(1)
This section applies where a sentence of dismissal or dismissal with disgrace is
40
passed on an offender.

Armed Forces Bill
Part 12 — Service and Effect of Certain Sentences
147

(2)
If the offender is a commissioned officer, his commission is forfeit with effect
from the beginning of the day on which the sentence is passed.
(3)
If the offender is not a commissioned officer, the competent authority must
discharge him from the regular or reserve force of which he is a member.
(4)
If the offender is a warrant officer or non-commissioned officer, his rank or rate
5
is reduced from the beginning of the day on which the sentence is passed—
(a)
if he is a member of any of Her Majesty’s air forces, to the highest rank
he has held in that force as an airman;
(b)
otherwise, to able rate, marine or soldier (as the case may be).
(5)
Nothing in subsection (3) requires the offender to be discharged before he is
10
released from any sentence of service detention—
(a)
which is passed on him on the same occasion as the sentence mentioned
in subsection (1); or
(b)
to which he is subject when that sentence is passed.
Service of sentence
15
294
Service detention
(1)
A person sentenced to service detention—
(a)
may be detained in service custody; but
(b)
may not be detained in a prison.
(2)
A person detained in service custody in pursuance of a sentence of service
20
detention is deemed to be in legal custody.
295
Detention in service custody following passing of custodial sentence etc
(1)
Where—
(a)
a custodial sentence has been passed on a person in respect of a service
offence, or
25
(b)
an order under section 213 (detention for commission of offence during
currency of order) has been made in respect of a person,

the person may be detained in service custody until he is committed to the
appropriate establishment.
(2)
For the purposes of subsection (1), a suspended sentence of imprisonment is to
30
be treated as passed when an order that the sentence shall take effect is made.
(3)
A person in service custody under subsection (1) is deemed to be in legal
custody.
296
Removal to England and Wales following passing of custodial sentence etc
(1)
If a person is outside England and Wales when—
35
(a)
a custodial sentence is passed on him in respect of a service offence, or
(b)
an order under section 213 (detention for commission of offence during
currency of order) is made in respect of him,

he must as soon as practicable be removed to England and Wales.

Armed Forces Bill
Part 12 — Service and Effect of Certain Sentences
148

(2)
For the purposes of subsection (1), a suspended sentence of imprisonment is to
be treated as passed when an order that the sentence shall take effect is made.
297
Duty to receive prisoners
The governor of a prison in England or Wales must—
(a)
receive any person who, in accordance with rules under section 298,
5
has been sent to the prison; and
(b)
confine that person until he is lawfully discharged or delivered over.
298
Service custody etc rules
(1)
The Secretary of State may make rules about service custody and the service of
relevant sentences.
10
(2)
The rules may in particular contain provision about—
(a)
the provision, classification, regulation and management of service
custody premises;
(b)
the appointment, powers and duties of inspectors and visitors of
service custody premises and of persons who work at such premises;
15
(c)
the classification, treatment, employment, discipline and control of
persons in service custody;
(d)
the places in which persons may be required to serve sentences of
service detention;
(e)
the removal of persons serving relevant sentences from one place or
20
type of custody to another;
(f)
the committal of persons under relevant sentences to the appropriate
establishment;
(g)
the circumstances in which persons serving relevant sentences who are
unlawfully at large are to be treated as not being unlawfully at large;
25
(h)
the release (including the temporary or early release) of persons serving
sentences of service detention.
(3)
The rules may confer on any person—
(a)
a power to use reasonable force where necessary for the purpose of
carrying out a search of service custody premises or of a person in
30
service custody;
(b)
a power to seize and detain unauthorised property (as defined by the
rules).
(4)
The rules may contain provision in respect of the award of additional days to
a person guilty of a disciplinary offence created by the rules.
35
(5)
The rules may provide for the determination of any matter by a judge
advocate, and may contain provision for and in connection with appeals
against such determinations.
(6)
The rules may apply (with or without modifications), in relation to service
custody premises and persons detained there, any of—
40
(a)
sections 39 to 42 of the Prison Act 1952 (c. 52) (offences by persons other
than prisoners etc);
(b)
section 22(2) of the Criminal Justice Act 1961 (c. 39) (harbouring
escaped prisoners etc).

Armed Forces Bill
Part 12 — Service and Effect of Certain Sentences
149

(7)
In this section—
“relevant sentence” means—
(a)
a custodial sentence passed in respect of a service offence;
(b)
a sentence of service detention; or
(c)
an order under section 213 (detention for commission of offence
5
during currency of order);
“service custody premises” means premises under the control of the
Secretary of State for the keeping of persons in service custody.
299
Duration of sentences: persons unlawfully at large or on temporary release
(1)
In calculating the period for which a person sentenced to service detention is
10
liable to be detained, no account shall be taken of any period within subsection
(3).
(2)
In calculating the period for which a person on whom a custodial sentence has
been passed in respect of a service offence is liable to be detained, no account
shall be taken of any period within subsection (3) occurring before the person
15
is committed to the appropriate establishment.
(3)
The following periods are within this subsection—
(a)
any period when the person is unlawfully at large;
(b)
any period of temporary release on compassionate grounds (pursuant
to rules under section 298).
20
(4)
A person who has been temporarily released pursuant to rules under section
298 is unlawfully at large for the purposes of this section if—
(a)
he was released subject to complying with a condition, and he fails to
comply with the condition; or
(b)
he is at large after the end of the period for which he was released.
25
(5)
In this section—
“period when the person is unlawfully at large” means the period
beginning with the day when he becomes unlawfully at large and
ending with the day when he is taken back into custody (whether
service or otherwise) or returns to the place at which he was serving his
30
sentence;
“period of temporary release on compassionate grounds” means the
period beginning with the day after the day when the person is released
and ending with the day when he is required to return to custody (or,
if earlier, the day when he returns to custody).
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300
Remission of certain sentences on passing of custodial sentence etc
(1)
Any unserved part of any relevant sentence passed on a person is remitted
by—
(a)
the passing on him of a custodial sentence in respect of a service
offence; or
40
(b)
the passing on him by a civilian court in the British Islands of a sentence
of imprisonment or a sentence corresponding to any other custodial
sentence.
(2)
In subsection (1) “relevant sentence” means—
(a)
a sentence of service detention;
45

Armed Forces Bill
Part 12 — Service and Effect of Certain Sentences
150

(b)
a service supervision and punishment order; or
(c)
a minor punishment.
(3)
Subsection (1) applies in relation to—
(a)
the making of an order under section 213 (detention for commission of
offence during currency of order),
5
(b)
the making of an order under section 104 of the Sentencing Act
(detention of offender subject to detention and training order for breach
of supervision requirements), or
(c)
the making by a civilian court in the British Islands of an order
corresponding to an order within paragraph (a) or (b),
10

as it applies in relation to the passing of a sentence mentioned in subsection
(1)(a).
(4)
For the purposes of subsection (1), a suspended sentence of imprisonment or a
sentence corresponding to such a sentence is to be treated as passed when an
order that the sentence shall take effect is made.
15
301
Power of service policeman to arrest person unlawfully at large
(1)
A person who has been sentenced to service detention and who is unlawfully
at large—
(a)
may be arrested by a service policeman; and
(b)
may be taken to the place in which he is required in accordance with
20
law to be detained.
(2)
Section 299(4) (cases where persons temporarily released from service
detention are unlawfully at large) applies for the purposes of this section.
(3)
A person may use reasonable force, if necessary, in the exercise of a power
conferred by subsection (1).
25
Supplementary
302
Sentences passed by civilian courts
(1)
In this Part any reference to a custodial sentence passed in respect of a service
offence excludes a sentence of imprisonment passed by a civilian court in
respect of such an offence.
30
(2)
In each of sections 295(2) and 296(2) the reference to an order excludes an order
made by a civilian court.

Armed Forces Bill
Part 13 — Discipline: Miscellaneous and Supplementary
Chapter 1 — Testing for Alcohol and Drugs
151

Part 13
Discipline: Miscellaneous and Supplementary
Chapter 1
Testing for Alcohol and Drugs
303
Testing for drugs
5
(1)
A drug testing officer may, in order for it to be ascertained whether or to what
extent a person subject to service law has or has had drugs in his body, require
the person to provide a sample of his urine for analysis.
(2)
A drug testing officer may not impose a requirement under subsection (1) if—
(a)
he or his commanding officer is the person’s commanding officer; or
10
(b)
the sample is sought in connection with an investigation under this Act
of an offence or an investigation of an incident within section 304(1)(a).
(3)
A person commits an offence if he fails to comply with a requirement imposed
under subsection (1).
(4)
In this section—
15
“drug” means a controlled drug as defined by section 2 of the Misuse of
Drugs Act 1971 (c. 38); and
“drug testing officer” means an officer, warrant officer or non-
commissioned officer who is authorised by or in accordance with
regulations made by the Defence Council for the purpose of obtaining
20
samples for analysis for drugs.
(5)
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 or
service detention imposed in respect of the offence must not exceed 51 weeks.
304
Testing for alcohol and drugs after serious incident
25
(1)
This section applies where—
(a)
an incident has occurred which in the opinion of an officer resulted in,
or created a risk of, death or serious injury to any person or serious
damage to any property; and
(b)
in the opinion of the officer, it is possible that a person within
30
subsection (3) (“A”) may have caused or in any way contributed to—
(i)
the occurrence of the incident;
(ii)
any death or serious injury to any person, or serious damage to
any property, resulting from it; or
(iii)
the risk of any such death, injury or damage.
35
(2)
The officer may, in order for it to be ascertained whether or to what extent A
has or has had alcohol or drugs in his body, require A to provide a sample for
analysis.
(3)
A person is within this subsection if—
(a)
he is a person subject to service law or a civilian subject to service
40
discipline; and
(b)
the officer mentioned in subsection (1) is his commanding officer.

Armed Forces Bill
Part 13 — Discipline: Miscellaneous and Supplementary
Chapter 1 — Testing for Alcohol and Drugs
152

(4)
A person commits an offence if without reasonable excuse he fails to comply
with a requirement imposed under subsection (2).
(5)
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 or
service detention imposed in respect of the offence must not exceed 51 weeks.
5
(6)
The Defence Council may by regulations provide for the delegation by an
officer of—
(a)
functions conferred by this section;
(b)
functions conferred by regulations under section 306 so far as relating
to the obtaining of samples under subsection (2) of this section.
10
305
Definitions etc for purposes of section 304
(1)
This section applies for the purposes of section 304.
(2)
“Drug” means—
(a)
a controlled drug as defined by section 2 of the Misuse of Drugs Act
1971 (c. 38); or
15
(b)
any other drug specified, or of a description specified, in an order made
by the Secretary of State for the purposes of this paragraph.
(3)
“Sample” means—
(a)
where the sample is required in order for it to be ascertained whether
or to what extent a person has or has had alcohol in his body, a sample
20
of urine or breath;
(b)
where the sample is required in order for it to be ascertained whether
or to what extent a person has or has had drugs in his body, a sample
of urine; and
(c)
in either case, any other sample specified by the Secretary of State in an
25
order made for the purposes of this paragraph.
(4)
The power conferred by subsection (3)(c) does not include power to specify a
sample of blood, semen or other tissue fluid or anything which would have to
be provided from a person’s body orifice (other than the mouth).
(5)
Any reference to a person being required to provide a sample includes, in
30
relation to a sample within subsection (3)(c), a reference to a person being
required to consent to the taking from him of a sample.
306
Sections 303 and 304: supplementary
(1)
The Defence Council may by regulations make provision about the obtaining
of samples under sections 303(1) and 304(2) and the analysis of such samples,
35
including in particular provision—
(a)
as to the number of samples which a person may be required to
provide;
(b)
as to the circumstances in which a person may be required under
section 304(2) to provide more than one type of sample;
40
(c)
enabling the person imposing a requirement under section 303(1) or
304(2) to specify the way in which the sample is to be provided;
(d)
prescribing circumstances in which a requirement under section 303(1)
or 304(2) may not be imposed;