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Armed Forces Bill


Armed Forces Bill
Part 13 — Discipline: Miscellaneous and Supplementary
Chapter 5 — Supplementary

160

 

Chapter 5

Supplementary

Financial penalty enforcement orders

320     

Financial penalty enforcement orders

(1)   

The Secretary of State may by regulations make provision for the purpose of

5

enabling the Defence Council, or persons authorised by them, to make orders

for the enforcement of financial penalties by prescribed courts in England and

Wales, Scotland, Northern Ireland or the Isle of Man.

(2)   

Regulations under this section may in particular make provision—

(a)   

with respect to the cases in which such orders may be made;

10

(b)   

with respect to the form and content of such orders, including the

matters to be certified in such orders;

(c)   

with respect to the effect of such orders;

(d)   

conferring functions in relation to such orders on the Defence Council;

(e)   

for the delegation by the Defence Council of any of their functions in

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relation to such orders.

(3)   

Provision that may be made by the regulations by virtue of subsection (2)(c)

includes provision—

(a)   

that a sum certified in such an order as outstanding is to be treated as if

it had been a fine imposed on a conviction by a court specified in the

20

order;

(b)   

for prescribed enforcement procedures to cease to be available, or to

become available, on the occurrence of prescribed events.

(4)   

In this section—

“financial penalty” means—

25

(a)   

a fine or service compensation order imposed by virtue of this

Act (including a fine or service compensation order with respect

to which an order under section 267 (order for service parent or

guardian to pay fine or compensation) has been made);

(b)   

a sum adjudged to be paid under section 235(3) (forfeiture of

30

recognizance);

(c)   

an order as to the payment of costs made by virtue of

regulations under section 26, or made under section 27, of the

Armed Forces Act 2001 (c. 19);

“prescribed” means prescribed, or of a description prescribed, by

35

regulations under this section.

Power to make provision in consequence of criminal justice enactments

321     

Power to make provision in consequence of criminal justice enactments

(1)   

The Secretary of State may make an order under this section if he considers it

appropriate to do so in consequence of a criminal justice enactment (see section

40

322).

(2)   

An order under this section may make provision in relation to—

 
 

Armed Forces Bill
Part 13 — Discipline: Miscellaneous and Supplementary
Chapter 5 — Supplementary

161

 

(a)   

service policemen,

(b)   

service courts (see section 322),

(c)   

persons subject to service law,

(d)   

civilians subject to service discipline, or

(e)   

service law proceedings (see section 322),

5

   

which is equivalent to that made by a relevant provision, subject to such

modifications as the Secretary of State considers appropriate.

(3)   

In this section “relevant provision” means—

(a)   

the criminal justice enactment;

(b)   

any enactment relating to a criminal justice matter (see section 322)

10

which is amended by the criminal justice enactment; or

(c)   

any subordinate legislation made under—

(i)   

the criminal justice enactment; or

(ii)   

any Act which is amended by the criminal justice enactment.

(4)   

An order under this section may make provision in such way as the Secretary

15

of State considers appropriate and may, in particular—

(a)   

be made in relation to all or any cases to which the order-making power

extends;

(b)   

apply the relevant provision (with or without modifications);

(c)   

amend, repeal or revoke any enactment or subordinate legislation

20

(including the relevant provision and any provision of or made under

this Act).

322     

Section 321: definitions

(1)   

In section 321 a “criminal justice enactment” means an enactment which—

(a)   

is contained in an Act passed after 1st January 2001; and

25

(b)   

amends the law of England and Wales relating to any criminal justice

matter.

(2)   

In section 321 and subsection (1) “criminal justice matter” means—

(a)   

the powers of the police in connection with the investigation of offences

or the detection of offenders;

30

(b)   

powers of arrest and detention in connection with crime or criminal

proceedings;

(c)   

the functions of any authority in relation to criminal prosecutions;

(d)   

remand in custody or on bail;

(e)   

the rights and duties of a defendant in relation to proceedings in

35

civilian courts;

(f)   

evidence or procedure in civilian courts;

(g)   

the powers of civilian courts, including powers in relation to sentence;

(h)   

such other matters relating to criminal justice as the Secretary of State

may by order prescribe for the purposes of this paragraph.

40

(3)   

For the purposes of section 321, section 5 of the Criminal Justice (International

Co-operation) Act 1990 (c. 5) (transfer of UK prisoner to give evidence etc

overseas) is to be taken to be a criminal justice enactment.

(4)   

In section 321 “service court” means—

(a)   

the Court Martial;

45

 
 

Armed Forces Bill
Part 13 — Discipline: Miscellaneous and Supplementary
Chapter 5 — Supplementary

162

 

(b)   

the Summary Appeal Court;

(c)   

the Service Civilian Court;

(d)   

the Court Martial Appeal Court; or

(e)   

the Supreme Court on an appeal brought from the Court Martial

Appeal Court.

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(5)   

In section 321 “service law proceedings” means proceedings under this Act or

the Court Martial Appeals Act 1968 (c. 20) (and does not include proceedings

relating to offences under sections 340 to 342 or under regulations made by

virtue of section 326(4)(b) or 339(5)(b)).

Other supplementary provisions

10

323     

Evidential burden as respects excuses

(1)   

This section applies to an offence under any of Parts 1 to 13 which is such that

a person who would otherwise commit the offence—

(a)   

does not do so if he has a lawful excuse; or

(b)   

does not do so if he has a reasonable excuse.

15

(2)   

In proceedings for an offence to which this section applies, the defendant is to

be treated as not having had a lawful excuse or reasonable excuse (as the case

may be) unless sufficient evidence is adduced to raise an issue as to whether he

had such an excuse.

324     

Exclusion of enactments requiring consent of Attorney General or DPP

20

Subject to section 61(2), no enactment requiring the consent of the Attorney

General or the Director of Public Prosecutions in connection with any

proceedings has effect in relation to proceedings under this Act for a service

offence.

325     

Local probation boards

25

For section 5A of the Criminal Justice and Court Services Act 2000 (c. 43)

(inserted by Schedule 16 to this Act) substitute—

“5A     

Local probation boards and service justice

(1)   

A local probation board may, in pursuance of arrangements made with

the Secretary of State, carry out activities anywhere in the world in

30

relation to persons who are or have been subject to proceedings before

the Court Martial, the Summary Appeal Court or the Service Civilian

Court.

(2)   

Any activities carried out in relation to such persons must correspond

to activities which the board is required or authorised to carry out in

35

relation to persons who have been charged with or convicted of

criminal offences.”

 
 

Armed Forces Bill
Part 14 — Enlistment, Terms of Service etc

163

 

Second Group of Parts

Miscellaneous Matters

Part 14

Enlistment, Terms of Service etc

Enlistment, terms of service etc

5

326     

Enlistment

(1)   

The Defence Council may by regulations make provision with respect to the

enlistment of persons in the regular forces (including enlistment outside the

United Kingdom).

(2)   

The regulations may in particular make provision—

10

(a)   

requiring the enlistment of persons in the regular forces to be

undertaken by recruiting officers;

(b)   

as to the persons, whether or not members of the regular forces, who

may be appointed as recruiting officers;

(c)   

prohibiting the enlistment of persons under the age of 18 without the

15

consent of prescribed persons;

(d)   

deeming a person, in prescribed circumstances, to have attained (or not

to have attained) that age;

(e)   

as to the procedure for enlistment (including requiring a recruiting

officer to attest the enlistment);

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(f)   

creating offences relating to knowingly giving false answers during the

enlistment procedure;

(g)   

as to the approval for service of persons who have enlisted.

(3)   

The regulations may also in particular make provision in connection with the

validity of a person’s enlistment, including provision—

25

(a)   

as to when, how and on what basis the validity of a person’s enlistment

may be challenged;

(b)   

deeming a person, in prescribed circumstances, to have been validly

enlisted;

(c)   

conferring on a person a right to discharge in prescribed circumstances;

30

(d)   

as to the status of a person until he is discharged.

(4)   

Where the regulations create an offence they may provide—

(a)   

that the offence is a service offence and is punishable by any

punishment mentioned in rows 2 to 12 of the Table in section 163; or

(b)   

that the offence is an offence triable summarily by a civilian court in the

35

United Kingdom and is punishable by a fine not exceeding level 1 on

the standard scale.

(5)   

In this section and sections 327 to 329 “prescribed” means prescribed by

regulations made by the Defence Council.

 
 

 
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