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Armed Forces Bill


Armed Forces Bill
Schedule 9 — Assessors of compensation for miscarriages of justice

222

 

Schedule 9

Section 275

 

Assessors of compensation for miscarriages of justice

1     (1)  

A person is qualified for appointment as an assessor for the purposes of

section 275 if he—

(a)   

has a seven year general qualification within the meaning of section

5

71 of the Courts and Legal Services Act 1990 (c. 41);

(b)   

is an advocate or solicitor in Scotland;

(c)   

is a member of the Bar of Northern Ireland, or a solicitor of the

Supreme Court of Northern Ireland, of at least seven years’ standing;

(d)   

holds or has held judicial office in any part of the United Kingdom;

10

(e)   

is a member (whether the chairman or not) of the Criminal Injuries

Compensation Board; or

(f)   

has in a relevant territory rights and duties similar to those of a

barrister or solicitor in England and Wales, has had those rights and

duties for at least seven years, and is subject to punishment or

15

disability for breach of professional rules.

      (2)  

In this paragraph “relevant territory” means—

(a)   

any of the Channel Islands;

(b)   

the Isle of Man;

(c)   

a Commonwealth country; or

20

(d)   

a British overseas territory.

2          

A person shall hold and vacate office as an assessor in accordance with the

terms of his appointment.

3          

A person shall vacate office as an assessor—

(a)   

if he ceases to be qualified for appointment as an assessor, or

25

(b)   

on attaining the age of 72,

           

unless the Secretary of State considers that it is in the interests of the efficient

operation of section 275 that he should continue to hold office.

4          

A person may at any time resign his office as an assessor by notice in writing

given to the Secretary of State.

30

5          

Subject to paragraph 6, the Secretary of State may at any time remove a

person from office as an assessor if satisfied that—

(a)   

he has been convicted of a criminal offence;

(b)   

he has become bankrupt, has made an arrangement with his

creditors, has had his estate sequestrated or has granted a trust deed

35

for his creditors or a composition contract; or

(c)   

he is unable or unfit to perform his duties.

6     (1)  

The exercise of the power conferred by paragraph 5 is subject to the

following provisions of this paragraph.

      (2)  

In the case of a person who qualifies for appointment under—

40

(a)   

paragraph 1(1)(a), or

(b)   

paragraph 1(1)(d) by virtue of holding or having held judicial office

in England and Wales,

 

 

Armed Forces Bill
Schedule 10 — Proceedings of the Service Civilian Court

223

 

           

that power shall only be exercisable with the consent of the Lord Chancellor,

which may only be given with the concurrence of the Lord Chief Justice of

England and Wales.

      (3)  

In the case of a person who qualifies for appointment under—

(a)   

paragraph 1(1)(b), or

5

(b)   

paragraph 1(1)(d) by virtue of holding or having held judicial office

in Scotland,

           

that power shall only be exercisable with the consent of the Lord President

of the Court of Session.

      (4)  

In the case of a person who qualifies for appointment under—

10

(a)   

paragraph 1(1)(c), or

(b)   

paragraph 1(1)(d) by virtue of holding or having held judicial office

in Northern Ireland,

           

that power shall only be exercisable with the consent of the Lord Chancellor,

which may only be given with the concurrence of the Lord Chief Justice of

15

Northern Ireland.

7          

An assessor shall be paid such remuneration and allowances as the Secretary

of State may determine.

Schedule 10

Section 277

 

Proceedings of the Service Civilian Court

20

Court to sit in public

1          

Subject to any provision made by SCC rules, the Service Civilian Court must

sit in open court.

Unfitness to stand trial and insanity

2          

Where on a trial of a charge by the Service Civilian Court any question arises

25

(whether at the instance of the defence or otherwise)—

(a)   

whether the defendant is fit to stand trial, or

(b)   

where it appears that the defendant did the act or made the omission

charged against him as the offence, whether he was insane at the

time of the act or omission,

30

           

the court must refer the charge to the Court Martial for trial by that court.

Privilege of witnesses and others

3          

A witness before the Service Civilian Court or any other person whose duty

it is to attend the court is entitled to the same immunities and privileges as a

witness before a magistrates’ court in England or Wales.

35

 

 

Armed Forces Bill
Schedule 11 — Powers of the Criminal Cases Review Commission

224

 

Schedule 11

Section 319

 

Powers of the Criminal Cases Review Commission

Amendment of the Court Martial Appeals Act 1968

1          

After section 29 of the Court Martial Appeals Act 1968 insert—

“29A    

Power to order investigation by Criminal Cases Review Commission

5

(1)   

On an appeal against conviction or an application for leave to appeal

against conviction, the Appeal Court may direct the Criminal Cases

Review Commission to investigate and report to the Court on any

matter if it appears to the Court that—

(a)   

in the case of an appeal, the matter is relevant to the

10

determination of the appeal and ought, if possible, to be

resolved before the appeal is determined;

(b)   

in the case of an application for leave to appeal, the matter is

relevant to the determination of the application and ought, if

possible, to be resolved before the application is determined;

15

(c)   

an investigation of the matter by the Commission is likely to

result in the Court’s being able to resolve it; and

(d)   

the matter cannot be resolved by the Court without an

investigation by the Commission.

(2)   

A direction under subsection (1) above may not be given by a single

20

judge, notwithstanding that, in the case of an application for leave to

appeal, the application may be determined by a single judge as

provided for by section 36 of this Act.

(3)   

A direction by the Appeal Court under subsection (1) above shall be

given in writing and shall specify the matter to be investigated.

25

(4)   

Copies of such a direction shall be made available to the appellant

and the respondent.

(5)   

Where the Commission have reported to the Appeal Court on any

matter which they have been directed under subsection (1) above to

investigate, the Court—

30

(a)   

shall notify the appellant and the respondent that the

Commission have reported; and

(b)   

may make available to the appellant and the respondent the

report of the Commission and any statements, opinions and

reports which accompanied it.

35

(6)   

In this section “respondent” includes a person who will be a

respondent if leave to appeal is granted.”

Amendments of the Criminal Appeal Act 1995

2          

After section 12 of the Criminal Appeal Act 1995 (c. 35) insert—

“12A    

Cases dealt with by the Court Martial

40

(1)   

Where a person has been convicted by the Court Martial (including

on an appeal brought from the Service Civilian Court), the

Commission—

 

 

Armed Forces Bill
Schedule 11 — Powers of the Criminal Cases Review Commission

225

 

(a)   

may at any time refer the conviction to the Court Martial

Appeal Court, and

(b)   

(whether or not they refer the conviction) may at any time

refer to the Court Martial Appeal Court any sentence (other

than one fixed by law) imposed by the Court Martial on, or in

5

subsequent proceedings relating to, the conviction.

(2)   

Where a person has been convicted by the Service Civilian Court and

sentenced by the Court Martial on an appeal against sentence only,

the Commission may at any time refer to the Court Martial Appeal

Court that sentence of the Court Martial and any other sentence

10

imposed by the Court Martial in respect of a connected conviction

within the meaning given by section 12B(6).

(3)   

A reference under subsection (1) of a person’s conviction shall be

treated for all purposes as an appeal by the person under section 8 of

the Court Martial Appeals Act against the conviction.

15

(4)   

On a reference under subsection (1) of a person’s conviction, the

Commission may give notice to the Court Martial Appeal Court that

any related conviction specified in the notice is to be treated as

referred to that court under subsection (1).

(5)   

A reference under subsection (1) of a sentence imposed on, or in

20

subsequent proceedings relating to, a person’s conviction shall be

treated for all purposes as an appeal by the person under section 8 of

the Court Martial Appeals Act against—

(a)   

the sentence, and

(b)   

any other sentence (other than one fixed by law) imposed by

25

the Court Martial on, or in subsequent proceedings relating

to, the conviction or any related conviction.

(6)   

A reference under subsection (2) of a person’s sentence shall be

treated for all purposes as an appeal by the person under section 8 of

the Court Martial Appeals Act against—

30

(a)   

the sentence, and

(b)   

any other sentence imposed by the Court Martial in respect of

a connected conviction within the meaning given by section

12B(6).

(7)   

Where a finding of not guilty by reason of insanity has been made by

35

the Court Martial in the case of a person, the Commission may at any

time refer the finding to the Court Martial Appeal Court; and a

reference under this subsection shall be treated for all purposes as an

appeal by the person under section 21 of the Court Martial Appeals

Act against the finding.

40

(8)   

Where the Court Martial has found that a person is under a disability

and that he did the act or made the omission charged against him, the

Commission may at any time refer either or both of those findings to

the Court Martial Appeal Court; and a reference under this

subsection shall be treated for all purposes as an appeal by the

45

person under section 24 of the Court Martial Appeals Act against the

finding or findings referred.

(9)   

For the purposes of this section convictions are “related” if they are

of the same person in the same proceedings.

 

 

 
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Revised 28 April 2006