Armed Forces Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Armed Forces Bill

Armed Forces Bill
Schedule 12 — Detention etc of persons in overseas service hospitals
233

(b)
if before the end of that 6 hour period a registered medical
practitioner determines that all the relevant conditions are met in the
case of the patient, 24 hours beginning with that time.
      (7)
But if during that 6 hour period a registered medical practitioner determines
that one or more of the relevant conditions are not met in the case of the
5
patient—
(a)
the patient must be released immediately; and
(b)
the detention period ends with his release.
      (8)
The person making a determination under sub-paragraph (6)(b) must, as
soon as practicable, make a record of the determination and the reasons for
10
it.
      (9)
In this paragraph “prescribed person” means a person of a description
prescribed by regulations made by the Secretary of State.
Urgent removal from service living accommodation to overseas service hospital
8     (1)
This paragraph applies if a service policeman has reasonable grounds for
15
believing that—
(a)
there is in any service living accommodation outside the British
Islands a person (“the patient”) who is a person subject to service law
or a civilian subject to service discipline;
(b)
the patient is suffering from mental disorder;
20
(c)
the patient is in urgent need of care or control to prevent him causing
serious harm to himself or others; and
(d)
the urgent need to remove the patient to and detain him in a service
hospital makes it impracticable for an order under paragraph 2(3) to
be sought before removing and detaining him.
25
      (2)
The service policeman may—
(a)
enter the service living accommodation; and
(b)
remove the patient to an overseas service hospital.
      (3)
The service policeman must if reasonably practicable be accompanied by—
(a)
a registered medical practitioner, or
30
(b)
a person of a description prescribed by regulations made by the
Secretary of State,

who may assist the service policeman to exercise the power conferred on
him by sub-paragraph (2).
      (4)
The commanding officer of the service hospital to which the patient is
35
removed may detain him at the service hospital for the purpose of enabling
an order under paragraph 2(3) to be sought in relation to him.
      (5)
But the patient may not be detained under this paragraph beyond—
(a)
the end of the detention period (see sub-paragraphs (6) and (7)); or
(b)
if sooner, the making of a determination whether or not to make such
40
an order in relation to him.
      (6)
The detention period is—
(a)
6 hours beginning with his arrival at the service hospital; or

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Schedule 12 — Detention etc of persons in overseas service hospitals
234

(b)
if before the end of that 6 hour period a registered medical
practitioner determines that all the relevant conditions are met in the
case of the patient, 24 hours beginning with that time.
      (7)
But if during that 6 hour period a registered medical practitioner determines
that one or more of the relevant conditions are not met in the case of the
5
patient—
(a)
the patient must be released immediately; and
(b)
the detention period ends with his release.
      (8)
The person making a determination under sub-paragraph (6)(b) must, as
soon as practicable, make a record of the determination and the reasons for
10
it.
Urgent removal from other places to overseas service hospital
9     (1)
This paragraph applies if a service policeman finds a person (“the patient”)
in a relevant place outside the British Islands and it appears to the service
policeman that—
15
(a)
the patient is a person subject to service law or a civilian subject to
service discipline;
(b)
the patient is suffering from mental disorder; and
(c)
the urgent need to remove the patient to and detain him in a service
hospital makes it impracticable for an order under paragraph 2(3) to
20
be sought before removing and detaining him.
      (2)
The service policeman may remove the patient to an overseas service
hospital.
      (3)
The commanding officer of the service hospital to which the patient is
removed may detain him at the service hospital for the purpose of enabling
25
an order under paragraph 2(3) 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) and (6)); or
(b)
if sooner, the making of a determination whether or not to make such
an order in relation to him.
30
      (5)
The detention period is—
(a)
6 hours beginning with his arrival at the service hospital; or
(b)
if before the end of that 6 hour period a registered medical
practitioner determines that all the relevant conditions are met in the
case of the patient, 24 hours beginning with that time.
35
      (6)
But if during that 6 hour period a registered medical practitioner determines
that one or more of the relevant conditions are not met in the case of the
patient—
(a)
the patient must be released immediately; and
(b)
the detention period ends with his release.
40
      (7)
The person making a determination under sub-paragraph (5)(b) must, as
soon as practicable, make a record of the determination and the reasons for
it.
      (8)
In this paragraph “relevant place” means—
(a)
a place to which the public have access; or
45

Armed Forces Bill
Schedule 13 — Protection of children of service families
235

(b)
any premises (within the meaning of Part 3) which are permanently
or temporarily occupied or controlled for the purposes of any of Her
Majesty’s forces but are not service living accommodation.
Use of force
10
Where a power is conferred on any person by virtue of this Schedule, he may
5
use reasonable force, if necessary, in the exercise of the power.
Service custody
11
While a person is being conveyed, removed or detained by virtue of any
provision of this Schedule, the person is deemed to be in service custody.
Definitions
10
12    (1)
In this Schedule “overseas service hospital” means a service hospital outside
the British Islands.
      (2)
In this Schedule “service hospital” means—
(a)
a military, air-force or naval unit or establishment, or
(b)
a ship,
15

at or in which medical or surgical treatment is provided for persons subject
to service law.
      (3)
In this Schedule “service living accommodation” has the same meaning as in
Part 3 (see section 96).
Schedule 13
20
Section 349

Protection of children of service families
1     (1)
Section 17 of the Armed Forces Act 1991 (power to make service family child
assessment orders) is amended as follows.
      (2)
In subsection (1)(a) for “civilian in a corresponding position” substitute
“civilian subject to service discipline”.
25
      (3)
In subsection (3) for “the officer having jurisdiction” substitute “a judge
advocate”.
      (4)
In subsection (5)—
(a)
for “the officer” substitute “the judge advocate”;
(b)
for “an officer” substitute “a judge advocate”.
30
2     (1)
Section 18 of that Act (content, effect, variation and discharge of assessment
orders) is amended as follows.
      (2)
In subsection (2)(b) for “officer” substitute “judge advocate”.
      (3)
In subsection (6) for “officer” substitute “judge advocate”.
      (4)
In subsection (8)—
35
(a)
for “or a civilian in a corresponding position who” substitute “, or a
civilian subject to service discipline, commits an offence if he”;

Armed Forces Bill
Schedule 13 — Protection of children of service families
236

(b)
omit the words “on him”;
(c)
omit the words from “shall be liable” to the end.
      (5)
After that subsection insert—
“(8A)
A person guilty of an offence under this section is liable to any
punishment mentioned in rows 5 to 12 of the Table in section 163 of
5
the Armed Forces Act 2006.
(8B)
For the purposes of determining the Court Martial’s powers when
sentencing a civilian offender (within the meaning of Part 1 of
Schedule 3 to the Armed Forces Act 2006) for an offence under this
section, subsection (8A) has effect as if the reference to rows 5 to 12
10
were to rows 2 to 7.
(8C)
For the purposes of determining the Court Martial’s powers when
sentencing an offender to whom Part 2 of that Schedule applies (ex-
servicemen etc) for an offence under this section, subsection (8A) has
effect as if the reference to rows 5 to 12 were to rows 5 to 10.”
15
      (6)
Omit subsection (9).
3     (1)
Section 19 of that Act (power to make orders for the emergency protection of
children of service families) is amended as follows.
      (2)
In subsection (1)(a) for “civilian in a corresponding position” substitute
“civilian subject to service discipline”.
20
      (3)
In subsection (3) for “the officer having jurisdiction” substitute “a judge
advocate”.
      (4)
In subsection (4) for “officer”, in both places, substitute “judge advocate”.
4     (1)
Section 20 of that Act (content and effect of protection orders) is amended as
follows.
25
      (2)
In subsection (4) for “officer” substitute “judge advocate”.
      (3)
In subsection (6)(b)(iii) for “the officer having jurisdiction” substitute “a
judge advocate”.
      (4)
For subsections (9) and (10) substitute—
“(9)
A person subject to service law, or a civilian subject to service
30
discipline, commits an offence if he—
(a)
intentionally obstructs any person exercising the power
under subsection (2)(b) above to remove, or prevent the
removal of, a child; or
(b)
intentionally fails to comply with an exclusion requirement
35
included in a protection order by virtue of section 20A below.
(9A)
A person guilty of an offence under this section is liable to any
punishment mentioned in rows 5 to 12 of the Table in section 163 of
the Armed Forces Act 2006.
(9B)
For the purposes of determining the Court Martial’s powers when
40
sentencing a civilian offender (within the meaning of Part 1 of
Schedule 3 to the Armed Forces Act 2006) for an offence under this
section, subsection (9A) has effect as if the reference to rows 5 to 12
were to rows 2 to 7.

Armed Forces Bill
Schedule 13 — Protection of children of service families
237

(9C)
For the purposes of determining the Court Martial’s powers when
sentencing an offender to whom Part 2 of that Schedule applies (ex-
servicemen etc) for an offence under this section, subsection (9A) has
effect as if the reference to rows 5 to 12 were to rows 5 to 10.”
5
After that section insert—
5
“20A
Power to include exclusion requirement in protection order
(1)
Where—
(a)
a judge advocate (on being satisfied as mentioned in section
19(3)(a), (b) or (c)) makes a protection order with respect to a
child, and
10
(b)
conditions A, B and C are satisfied,

the judge advocate may include an exclusion requirement in the
protection order.
(2)
An exclusion requirement is any one or more of the following—
(a)
a provision requiring a person who is subject to service law
15
or is a civilian subject to service discipline to leave relevant
premises in which he is living with the child;
(b)
a provision prohibiting a person who is subject to service law
or is a civilian subject to service discipline from entering
relevant premises in which the child lives;
20
(c)
a provision excluding such a person from a defined area in
which relevant premises in which the child lives are situated.
(3)
Condition A is that there is reasonable cause to believe that, if the
person to whom the exclusion requirement would relate (“the
relevant person”) is excluded from relevant premises in which the
25
child lives—
(a)
in the case of an order made on the ground mentioned in
section 19(3)(a) or (b), the child will not be likely to suffer
significant harm, even though not removed as mentioned in
section 19(3)(a) or not remaining as mentioned in section
30
19(3)(b);
(b)
in the case of an order made on the ground mentioned in
section 19(3)(c), the enquiries referred to there will cease to be
frustrated.
(4)
Condition B is that a person (other than the relevant person) living in
35
the relevant premises in which the child lives, whether or not he is
the child’s parent—
(a)
is able and willing to give to the child the care which it would
be reasonable to expect a parent to give him; and
(b)
consents to the inclusion of the exclusion requirement.
40
(5)
Condition C is that the judge advocate is satisfied—
(a)
that, throughout the duration of the requirement, alternative
accommodation which the judge advocate considers
appropriate will be available to the relevant person; and
(b)
where the relevant person is subject to service law, that the
45
relevant person’s commanding officer also considers that
that accommodation is appropriate.

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Schedule 13 — Protection of children of service families
238

(6)
If, while a protection order containing an exclusion requirement is in
force, the child has in pursuance of the order been removed from the
relevant premises to which the requirement relates to other
accommodation for a continuous period of more than 24 hours, the
order shall cease to have effect so far as it imposes the exclusion
5
requirement.
(7)
In this section “relevant premises” means premises occupied as a
residence by a person subject to service law or a civilian subject to
service discipline.
(8)
Who is the relevant person’s “commanding officer” for the purposes
10
of subsection (5)(b) shall be determined by or under regulations
made by the Defence Council.”
6     (1)
Section 21 of that Act (duration of protection orders) is amended as follows.
      (2)
In subsection (1) for the words from “being” to the end substitute “which
must be a period of not more than 28 days beginning with the date of the
15
order.”
      (3)
In subsection (2)—
(a)
for “the officer having jurisdiction” substitute “a judge advocate”;
(b)
in paragraph (a), for the words from “applicable” to “that officer”
substitute “permitted by subsection (1) above”;
20
(c)
in the words after paragraph (b) for “that officer” substitute “the
judge advocate”.
      (4)
In subsection (3) for “officer”, in both places, substitute “judge advocate”.
      (5)
In subsection (5) for “an officer” substitute “a judge advocate”.
7     (1)
Section 22 of that Act (review and discharge of protection orders) is
25
amended as follows.
      (2)
In subsection (2) for “superior officer” substitute “judge advocate”.
      (3)
In subsection (4)—
(a)
for “superior officer” substitute “judge advocate”;
(b)
for the words from “consider whether” to the end of paragraph (b)
30
substitute “consider whether, if the order were discharged and—
(a)
(where the power under section 20(2)(b)(i) has been
exercised) if the child were returned by the
responsible person, or
(b)
(where the power under section 20(2)(b)(ii) has been
35
exercised) if the child were allowed to be removed
from the place in which he was being accommodated
immediately before the making of the order,”.
      (4)
In subsection (5) for “the officer having jurisdiction” substitute “a judge
advocate”.
40
      (5)
After that subsection insert—
“(5A)
On the application of the person to whom an exclusion requirement
contained in a protection order relates, a judge advocate may, in such
circumstances and subject to such conditions as may be prescribed

Armed Forces Bill
Schedule 13 — Protection of children of service families
239

by regulations, vary the exclusion requirement or discharge the
order so far as it imposes the exclusion requirement.”
      (6)
In subsection (7) for “officer” substitute “judge advocate”.
8
After that section insert—
“22A
Removal and accommodation of children by service police in
5
emergency
(1)
Where a service policeman has reasonable cause to believe that a
relevant child would otherwise be likely to suffer significant harm,
he may, if authorised—
(a)
remove the child to suitable accommodation and keep him
10
there; or
(b)
take such steps as are reasonable to ensure that the child’s
removal from any service hospital, or other place, in which he
is then being accommodated is prevented.
(2)
In this section, a child with respect to whom a service policeman has
15
exercised the power under subsection (1) is referred to as having
been taken into service police protection.
(3)
As soon as is reasonably practicable after taking a child into service
police protection, the service policeman concerned shall—
(a)
inform the appropriate service police officer of the steps that
20
have been and are proposed to be taken under this Part of this
Act with respect to the child and the reasons for taking them;
(b)
give details to the appropriate service police officer of the
place at which the child is being accommodated;
(c)
inform the child (if he appears capable of understanding)—
25
(i)
of the steps that have been taken with respect to him
under this section and of the reasons for taking them;
and
(ii)
of the further steps that may be taken with respect to
him under this Part of this Act;
30
(d)
take such steps as are reasonably practicable to discover the
wishes and feelings of the child;
(e)
secure that the case is inquired into by the appropriate service
police officer;
(f)
secure that the child is moved to accommodation approved
35
for the purpose by the appropriate service police officer
(unless that officer approves the child’s remaining where he
is currently being accommodated);
(g)
take such steps as are reasonably practicable to inform—
(i)
the child’s parents,
40
(ii)
every person who is not a parent of the child but has
parental responsibility for him, and
(iii)
any other person with whom the child was residing
immediately before being taken into service police
protection,
45

of the steps that he has taken under this section with respect
to the child, the reasons for taking them and the further steps
that may be taken with respect to him under this Part of this
Act.