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Armed Forces Bill


Armed Forces Bill
Part 19 — Supplementary
Chapter 3 — Interpretation

187

 

368     

Definitions relating to police forces

(1)   

In this Act “service police force” means—

(a)   

the Royal Navy Police;

(b)   

the Royal Military Police; or

(c)   

the Royal Air Force Police;

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and “service policeman” means a member of a service police force.

(2)   

In this Act “UK police force” means—

(a)   

the Ministry of Defence Police;

(b)   

any police force maintained under section 2 of the Police Act 1996 (c. 16)

(police forces in England and Wales outside London);

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(c)   

the metropolitan police force;

(d)   

the City of London police force;

(e)   

any police force maintained under or by virtue of section 1 of the Police

(Scotland) Act 1967 (c. 77);

(f)   

the Police Service of Northern Ireland; or

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(g)   

the Isle of Man Constabulary.

(3)   

In this Act “British overseas territory police force” means any force or body

which—

(a)   

is constituted in a British overseas territory; and

(b)   

is engaged in the carrying on of activities similar to any carried on by a

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service police force or UK police force.

(4)   

In this Act “overseas police force” means any force or body which—

(a)   

is constituted outside the United Kingdom and the Isle of Man; and

(b)   

is engaged in the carrying on of activities similar to any carried on by a

service police force or UK police force.

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(5)   

For the purposes of this Act—

(a)   

a Provost Marshal is to be taken to be a member of the appropriate

service police force (if he is not a member of that force);

(b)   

an officer in the Royal Air Force or the Royal Auxiliary Air Force who

is appointed to exercise functions conferred by or under this Act on

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service policemen is to be taken to be a member of the Royal Air Force

Police.

369     

“Conviction”, “sentence” etc in relation to summary hearings and the SAC

(1)   

Where a charge against a person in respect of an offence is heard summarily by

an officer, subsections (2) to (4) apply for the purposes of references in this Act

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to conviction, acquittal, sentence or passing sentence, or to any related

expressions.

(2)   

If the officer records a finding that the charge has been proved, or the Summary

Appeal Court substitutes a finding that a charge in respect of another offence

has been proved, that shall be treated as a conviction.

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(3)   

Any punishment awarded by the officer, or by the Summary Appeal Court,

shall be treated as a sentence.

(4)   

If the officer dismisses the charge under section 130, or the Summary Appeal

Court quashes a finding that the charge has been proved, that shall be treated

as an acquittal.

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Armed Forces Bill
Part 19 — Supplementary
Chapter 4 — Final Provisions

188

 

(5)   

In this Act “in open court”, in relation to a summary hearing by an officer,

means in the presence of the offender.

370     

Further interpretive provisions

(1)   

For the purposes of any provision of this Act which requires the determination

of the age of a person by the court, an officer or a judge advocate, his age is to

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be taken to be that which it appears to the court, officer or judge advocate to be

after considering any available evidence.

(2)   

Any reference in this Act to an offence punishable with imprisonment shall be

construed without regard to any prohibition or restriction imposed on the

imprisonment of young offenders.

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(3)   

The question whether a member of a regular or reserve force (“force A”) is for

the purposes of any provision of this Act of inferior, equal or superior rank or

rate to a member of any other such force (“force B”) is to be decided by

reference to any provision made by Queen’s Regulations which lays down

how the ranks or rates in force A relate to the ranks or rates in force B.

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(4)   

For the purposes of this Act, a person is subject to an additional duties

commitment if—

(a)   

he has entered into such a commitment; and

(b)   

the commitment is still in force.

(5)   

Any reference in this Act to a specified level on the standard scale is to the

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amount specified, in relation to that level, in the standard scale for the time

being set out in section 37 of the Criminal Justice Act 1982 (c. 48).

(6)   

Any reference in this Act to the statutory maximum is to the prescribed sum

within the meaning of section 32 of the Magistrates’ Courts Act 1980 (c. 43).

(7)   

But subsections (5) and (6) do not apply in relation to any offence in Scotland

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or Northern Ireland under—

(a)   

section 340, 341 or 342; or

(b)   

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

Chapter 4

Final Provisions

30

371     

Minor and consequential amendments and repeals

(1)   

Schedule 16 (minor and consequential amendments) has effect.

(2)   

The provisions specified in Schedule 17 are hereby repealed or revoked to the

extent specified there.

372     

Power to make further amendments and repeals

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(1)   

The Secretary of State may by order—

(a)   

amend or repeal any enactment passed before or in the same session as

this Act;

(b)   

amend or revoke subordinate legislation made before the passing of

this Act.

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Armed Forces Bill
Part 19 — Supplementary
Chapter 4 — Final Provisions

189

 

(2)   

In subsection (1)—

(a)   

“enactment” includes an Act of the Scottish Parliament and Northern

Ireland legislation;

(b)   

the reference to subordinate legislation includes an instrument made

under such an Act or under Northern Ireland legislation.

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(3)   

An order under subsection (1) may be made only for the purposes of—

(a)   

supplementing or giving full effect to this Act; or

(b)   

making provision consequential on the passing of this Act.

373     

Power to make transitional and transitory provision

(1)   

The Secretary of State may by order make transitional provision in connection

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with the coming into force of any provision made by or under this Act,

including savings from the effect of any repeal or revocation so made.

(2)   

An order under subsection (1) may in particular make provision—

(a)   

about the effect of liabilities incurred and other things done before

commencement, including provision for and about the investigation,

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trial and punishment of offences committed before commencement;

(b)   

for and about the continuation of any proceedings begun before

commencement;

(c)   

about the punishments and orders available to courts or other persons

before whom proceedings take place in respect of offences committed

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before commencement;

(d)   

about the effect of punishments awarded and orders made in respect of

offences committed before commencement.

(3)   

An order under subsection (1) may—

(a)   

confer jurisdiction on any court;

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(b)   

confer functions on a person’s commanding officer, the Director of

Service Prosecutions, the prosecuting authority within the meaning of

any of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955

(3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53), or on service

policemen;

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(c)   

confer powers of arrest, search and entry;

(d)   

authorise the keeping of persons in service custody, and the imposition

of requirements on release from service custody (including provision

applying section 107(5) and (6) with or without modifications).

(4)   

The Secretary of State may by order provide that—

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(a)   

until the coming into force of any enactment specified in the order, or

(b)   

in relation to any offence committed or other thing done before the

coming into force of such an enactment,

   

any provision of this Act or amended by or under this Act has effect with such

modifications as may be specified by the order.

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(5)   

In subsection (4)(a) and (b) “enactment” includes any provision of this Act.

(6)   

If any provision made by or under this Act is to come into force before the day

on which section 61 of the Criminal Justice and Court Services Act 2000 (c. 43)

(abolition of certain custodial sentences for young offenders) comes into force

(or fully into force), an order under subsection (4) may provide for custodial

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Armed Forces Bill
Part 19 — Supplementary
Chapter 4 — Final Provisions

190

 

punishments specified in the order to be available in respect of offenders who

are convicted aged 18 or over but under 21.

(7)   

The powers conferred by this section may not be exercised so as to allow the

imposition in respect of an offence of a punishment more severe than that

which was applicable when the offence was committed.

5

(8)   

An order under this section may modify, exclude or apply (with or without

modifications) any enactment or subordinate legislation, including—

(a)   

any provision of or made under this Act;

(b)   

any provision of or made under an enactment repealed by this Act.

(9)   

A saving under this section of any provision of the Army Act 1955 (3 & 4 Eliz. 2

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c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act

1957 (c. 53) is unaffected by the expiry of that Act by reason of section 374.

(10)   

In this section “commencement” means the commencement of such provisions

of this Act as may be specified by the order.

374     

Duration of SDAs and this Act

15

(1)   

An Act listed in subsection (2) expires at the end of one year beginning with the

day on which this Act is passed; but this is subject to subsection (3).

(2)   

The Acts are—

this Act;

the Army Act 1955;

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the Air Force Act 1955;

the Naval Discipline Act 1957.

(3)   

Her Majesty may by Order in Council provide that an Act listed in subsection

(2) shall (instead of expiring at the time it would otherwise expire) expire at the

end of a period of not more than one year from that time.

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(4)   

Such an Order may not provide for the continuation of such an Act beyond the

end of the year 2011.

(5)   

No recommendation may be made to Her Majesty in Council to make an Order

under subsection (3) unless a draft of the Order has been laid before, and

approved by resolution of, each House of Parliament.

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(6)   

Nothing in this section or in any Order under subsection (3) continues any

provision of the Army Act 1955, the Air Force Act 1955 or the Naval Discipline

Act 1957 beyond the time when the repeal of that provision by this Act is

brought into force.

375     

Commencement

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(1)   

This section and sections 366, 374, 376 and 378, and the repeal by this Act of

section 1 of the Armed Forces Act 2001 (c. 19), come into force on the day on

which this Act is passed.

(2)   

The other provisions of this Act come into force on such day as the Secretary of

State may by order appoint (and different days may be appointed for different

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purposes).

 
 

 
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