Armed Forces Bill

House of Commons

Session 2005 - 06
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Armed Forces Bill

Armed Forces Bill
Schedule 11 — Powers of the Criminal Cases Review Commission
226

12B
Cases dealt with by the Service Civilian Court
(1)
Where a person has been convicted of an offence by the Service
Civilian Court, the Commission—
(a)
may at any time refer the conviction to the Court Martial; and
(b)
(whether or not they refer the conviction) may at any time
5
refer to the Court Martial any sentence imposed by the
Service Civilian Court on, or in subsequent proceedings
relating to, the conviction.
(2)
A reference under subsection (1) of a person’s conviction shall be
treated for all purposes as an appeal by the person under section 284
10
of the Armed Forces Act 2006 against the conviction (whether or not
he pleaded guilty).
(3)
A reference under subsection (1) of a sentence imposed on, or in
subsequent proceedings relating to, a person’s conviction shall be
treated for all purposes as an appeal by the person under section 284
15
of the Armed Forces Act 2006 against—
(a)
the sentence, and
(b)
any other sentence imposed by the Service Civilian Court on,
or in subsequent proceedings relating to, the conviction or
any connected conviction.
20
(4)
On a reference under subsection (1) of a person’s conviction, the
Commission may give notice to the Court Martial that any connected
conviction which is specified in the notice is to be treated as referred
to the Court Martial under subsection (1).
(5)
On a reference under this section the Court Martial may not impose
25
a sentence more severe than that imposed by the Service Civilian
Court.
(6)
For the purposes of this section convictions are “connected” if they
are of the same person by the same court on the same day.”
3
In section 13(1) of that Act (conditions for making of references), for “12”
30
substitute “12B”.
4     (1)
Section 14 of that Act (further provisions about references) is amended as
follows.
      (2)
In subsection (1) for “12” substitute “12B”.
      (3)
In subsection (2) for “12” substitute “12B”.
35
      (4)
In subsection (3)—
(a)
for “9 or 10” substitute “9, 10 or 12A”;
(b)
after “Court of Appeal”, in the first place where it occurs, insert “or,
as the case may be, of the Court Martial Appeal Court”;
(c)
for “Court of Appeal”, in the second place where it occurs, substitute
40
“court to which the reference is made”.
      (5)
In subsection (4) for “12” substitute “12B”.
      (6)
In subsection (4A) for “9 or 10” substitute “9, 10 or 12A”.
      (7)
In subsection (4B) after “Court of Appeal” insert “or, as the case may be, the
Court Martial Appeal Court”.
45

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Schedule 11 — Powers of the Criminal Cases Review Commission
227

      (8)
In subsection (5) for “11 or 12” substitute “11, 12 or 12B”.
      (9)
In subsection (6) for “12” substitute “12B”.
5     (1)
Section 15 of that Act (investigations for Court of Appeal) is amended as
follows.
      (2)
In the sidenote after “Court of Appeal” insert “and Court Martial Appeal
5
Court”.
      (3)
In subsection (1)—
(a)
after “a direction” insert “(a “relevant direction”)”;
(b)
after “1980 Act” insert “or by the Court Martial Appeal Court under
section 29A(1) of the Court Martial Appeals Act,”.
10
      (4)
In subsection (2) for “Court of Appeal” substitute “relevant Court”.
      (5)
In subsection (3)—
(a)
in paragraph (a)—
(i)
for “Court of Appeal” substitute “relevant Court”;
(ii)
for the words from “direction” to “1980 Act” substitute
15
“relevant direction”;
(b)
in paragraph (b) for “Court of Appeal” substitute “relevant Court”.
      (6)
In subsection (4)—
(a)
for the words from “report to” to “1980 Act” substitute “report to the
relevant Court on the investigation of any matter specified in a
20
relevant direction”;
(b)
for “Court of Appeal”, in the second place where it occurs, substitute
“relevant Court”.
      (7)
After subsection (7) add—
“(8)
In this section “relevant Court”, in relation to a direction, means the
25
court that gave the direction.”
6
In section 16 of that Act (assistance in connection with prerogative of mercy),
after subsection (2) add—
“(3)
In subsection (1) “conviction” includes a conviction by the Court
Martial or the Service Civilian Court, and in subsection (2) “case”
30
includes the case of such a conviction.”
7     (1)
Section 18 of that Act (Government documents etc relating to current or old
cases) is amended as follows.
      (2)
In subsection (2) at the end of paragraph (b) add “or
(c)
is considering the case, or has at any earlier time considered
35
the case, with a view to deciding whether to make a reference
under section 34 of the Court Martial Appeals Act or whether
to recommend the exercise of Her Majesty’s prerogative of
mercy in relation to a conviction by the Court Martial or the
Service Civilian Court.”
40
      (3)
After subsection (4) add—
“(5)
The Secretary of State shall, if required by the Commission to do so,
give to the Commission any document or other material which—

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Schedule 11 — Powers of the Criminal Cases Review Commission
228

(a)
contains representations made to him in relation to any case
to which this subsection applies, or
(b)
was received by him in connection with any such case
otherwise than from a person serving in a government
department,
5

and may give to the Commission any document or other material
which is relevant to any such case but does not fall within paragraph
(a) or (b).
(6)
Subsection (5) applies to a case if the Secretary of State is considering
the case, or has at any earlier time considered the case, as mentioned
10
in subsection (2)(c).”
8     (1)
Section 19 of that Act (power to require appointment of investigating
officers) is amended as follows.
      (2)
In subsection (3) after “police” insert “or Provost Marshal”.
      (3)
In subsection (4)(b) for the words from “in another” to the end substitute
15
“either in another police force selected by the chief officer or in a service
police force selected by him.”
      (4)
After subsection (4) insert—
“(4A)
A requirement under this section imposed on a Provost Marshal may
be—
20
(a)
a requirement to appoint a person serving in the service
police force in relation to which he is Provost Marshal, or
(b)
a requirement to appoint a person serving either in a police
force selected by the Provost Marshal or in another service
police force selected by him.”
25
      (5)
In subsection (5)—
(a)
for the words from “imposed” to “may be” substitute “imposed
otherwise than on a chief officer of police or a Provost Marshal may
be”;
(b)
in paragraph (a) after “body” insert “in relation to which the person
30
on whom the requirement is imposed is the appropriate person”;
(c)
in paragraph (b) for the words from “police force” to “having”
substitute “police force or service police force, or in a public body
(other than such a force) having”.
      (6)
In subsection (6)—
35
(a)
after “police force” insert “or service police force”;
(b)
after “(4)” insert “, (4A)”.
9     (1)
Section 22 of that Act (meaning of “public body” etc) is amended as follows.
      (2)
In subsection (4) (meaning of “the appropriate person”), after “means” insert
“, subject to subsection (4B)”.
40
      (3)
After subsection (4) add—
“(4A)
Subsection (4B) applies in relation to—
(a)
the Royal Navy, the Royal Marines, the Royal Fleet Reserve,
the Royal Naval Reserve and the Royal Marines Reserve,

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Schedule 12 — Detention etc of persons in overseas service hospitals
229

(b)
the regular army (within the meaning of the Armed Forces
Act 2006), the Army Reserve and the Territorial Army, and
(c)
the Royal Air Force, the Royal Air Force Reserve and the
Royal Auxiliary Air Force.
(4B)
In relation to a public body mentioned in subsection (4A), “the
5
appropriate person” means—
(a)
in section 17, the Secretary of State;
(b)
in sections 19 and 20—
(i)
in the case of a body mentioned in subsection (4A)(a),
the Provost Marshal for the Royal Navy Police,
10
(ii)
in the case of a body mentioned in subsection (4A)(b),
the Provost Marshal for the Royal Military Police,
(iii)
in the case of a body mentioned in subsection (4A)(c),
the Provost Marshal for the Royal Air Force Police.
(4C)
In section 19 “service police force” has the same meaning as in the
15
Armed Forces Act 2006.”
10    (1)
Section 30 of that Act is amended as follows.
      (2)
In subsection (1) after the definition of “the Commission” insert—
““the Court Martial Appeals Act” means the Court Martial
Appeals Act 1968,”.
20
      (3)
In subsection (2) (meaning of “sentence”), after paragraph (d) add—
“(e)
in section 12A has the same meaning as in the Court Martial
Appeals Act,
(f)
in section 12B has the same meaning as in section 284 of the
Armed Forces Act 2006.”
25
11    (1)
In section 33 of that Act (extent), after subsection (4) add—
“(5)
Nothing in this section affects the extent of—
(a)
section 12A or 12B;
(b)
section 14(4A) and (4B) so far as relating to the Court Martial
Appeal Court; or
30
(c)
section 14(5) so far as relating to the Service Civilian Court.
(6)
Section 376 of the Armed Forces Act 2006 (Channel Islands, Isle of
Man and British overseas territories) applies in relation to the
provisions mentioned in subsection (5) above as it applies in relation
to that Act.”
35
Schedule 12
Section 347

Detention etc of persons in overseas service hospitals
The relevant conditions
1     (1)
In this Schedule references to the relevant conditions, in relation to a person,
are to the following conditions.
40
      (2)
Condition A is that the person is suffering from mental disorder.

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Schedule 12 — Detention etc of persons in overseas service hospitals
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      (3)
Condition B is that the mental disorder is of such a nature or degree as to
warrant his detention in a hospital for assessment or treatment for at least a
limited period.
      (4)
Condition C is that it is necessary that the person be so detained—
(a)
in the interests of his own health or safety; or
5
(b)
with a view to the protection of others.
Order for person’s detention in overseas service hospital
2     (1)
This paragraph has effect in relation to—
(a)
a person subject to service law, or
(b)
a civilian subject to service discipline,
10

outside the British Islands.
      (2)
Sub-paragraph (3) applies if it appears to the person’s commanding officer
that all the relevant conditions are met in the case of the person and—
(a)
two registered medical practitioners make recommendations that an
order under that sub-paragraph should be made in relation to the
15
person; or
(b)
the case is urgent and one registered medical practitioner makes a
recommendation that such an order should be made in relation to the
person.
      (3)
The commanding officer may make an order—
20
(a)
in a case where, at the time the order is made, the person has been
admitted to an overseas service hospital and has not been
discharged—
(i)
for the person’s detention in that service hospital for
assessment or treatment; or
25
(ii)
for the person’s admission to and detention in another
overseas service hospital specified in the order for
assessment or treatment;
(b)
otherwise, for the person’s admission to and detention in an overseas
service hospital specified in the order for assessment or treatment.
30
      (4)
Sub-paragraph (5) applies if—
(a)
the person’s commanding officer makes an order under sub-
paragraph (3) for the person’s detention in (or admission to and
detention in) a service hospital on the recommendation of one
registered medical practitioner; and
35
(b)
while the order is in force, there is produced to him a
recommendation of another registered medical practitioner that an
order under sub-paragraph (5) should be made in relation to the
person.
      (5)
The commanding officer may make an order—
40
(a)
for the person’s further detention in that service hospital for
assessment or treatment; or
(b)
for the person’s admission to and detention in another overseas
service hospital specified in the order for assessment or treatment.
      (6)
See paragraph 4 for requirements as to recommendations under this
45
paragraph.

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Schedule 12 — Detention etc of persons in overseas service hospitals
231

Effect of order under paragraph 2
3     (1)
This paragraph makes provision as to the effect of an order of a person’s
commanding officer under paragraph 2.
      (2)
An order under paragraph 2(3) has effect—
(a)
if made by virtue of paragraph 2(2)(a), for 28 days;
5
(b)
if made by virtue of paragraph 2(2)(b), for 5 days.
      (3)
An order under paragraph 2(5) has effect for 28 days from the date of the
order under paragraph 2(3) referred to in paragraph 2(4).
      (4)
While in force, the order is sufficient authority—
(a)
in a case where the order is made under paragraph 2(3)(a)(ii) or (b)
10
or (5)(b), for the person to be taken and conveyed to the service
hospital specified in the order;
(b)
in any case, for the person to be detained in the service hospital
specified in the order; and
(c)
in a case where arrangements are made for the person to be removed
15
to the United Kingdom for further assessment or treatment, for him
to be—
(i)
taken from the service hospital specified in the order and
conveyed to the United Kingdom; and
(ii)
for that purpose, detained in any place or on board any ship
20
or aircraft.
      (5)
Where the person is removed to the United Kingdom on the authority of the
order, he must not after arriving in the United Kingdom be detained, on that
authority, for longer than 24 hours.
Requirements as to recommendations under paragraph 2
25
4     (1)
A recommendation under paragraph 2 must include a statement that the
person making it is satisfied that all the relevant conditions are met in the
case of the person to whom it relates.
      (2)
A recommendation under paragraph 2(2)(b) must also include a statement
that—
30
(a)
the person needs to be detained in (or admitted to and detained in) a
hospital urgently; and
(b)
the urgency makes it impracticable for another recommendation to
be sought before making an order under paragraph 2(3) in relation
to the person.
35
Exercise of powers under paragraph 2 where person’s commanding officer is absent etc
5     (1)
This paragraph has effect in relation to a person subject to service law
outside the British Islands.
      (2)
If the person’s commanding officer is absent or otherwise not available, any
authorised officer may exercise in relation to the person the powers
40
conferred by paragraph 2.
      (3)
For the purposes of this paragraph, an officer is “authorised” if he is—
(a)
subject to service law;

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(b)
of or above the rank of naval lieutenant, military or marine captain
or flight lieutenant; and
(c)
under the command of the person’s commanding officer.
Power to review order under paragraph 2
6     (1)
The Secretary of State may make regulations for enabling a person to apply
5
for the revocation of an order under paragraph 2 as soon as the order is
made.
      (2)
The regulations may in particular make provision as to—
(a)
who may make an application;
(b)
the persons who are to hear the application;
10
(c)
the procedure for hearing the application (including evidence);
(d)
the grounds on which the order may be revoked;
(e)
the functions of the persons hearing the application.
      (3)
Regulations under sub-paragraph (2)(e) may in particular confer on the
persons hearing the application—
15
(a)
power to confirm an order under paragraph 2;
(b)
power to revoke such an order and order the immediate release of
the person subject to the order.
Detention of resident patients in overseas service hospitals pending order under paragraph 2(3)
7     (1)
This paragraph applies if—
20
(a)
a registered medical practitioner determines that all the relevant
conditions are met in the case of a patient in an overseas service
hospital who is a person subject to service law or a civilian subject to
service discipline; or
(b)
a prescribed person determines that all the relevant conditions
25
appear to be met in the case of such a patient.
      (2)
The person making the determination must, as soon as practicable—
(a)
make a record of the determination and the reasons for it; and
(b)
make a request for an order under paragraph 2(3) to be made in
relation to the patient.
30
      (3)
The commanding officer of the service hospital may detain the patient at the
service hospital for the purpose of enabling such an order to be sought in
relation to him.
      (4)
But the patient may not be detained under this paragraph beyond—
(a)
the end of the detention period (see sub-paragraphs (5) to (7)); or
35
(b)
if sooner, the making of a determination whether or not to make such
an order in relation to him.
      (5)
If the person making the determination under sub-paragraph (1) is a
registered medical practitioner, the detention period is 24 hours beginning
with the time when the record required by sub-paragraph (2) was made.
40
      (6)
If that person is not a registered medical practitioner, the detention period
is—
(a)
6 hours beginning with that time; or