Armed Forces Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

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.