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Armed Forces Bill


Armed Forces Bill
Schedule 14 — Amendments relating to reserve forces

247

 

(1C)   

An offence under this section is triable summarily by a civil court (as

well as being triable by the Court Martial).”

      (4)  

In subsection (2)—

(a)   

in paragraph (a) for the words from “court-martial” to the end

substitute “the Court Martial—

5

(i)   

in the case of an offence under subsection

(1)(a) or (e) or (1A), to any punishment

mentioned in rows 5 to 12 of the Table in

section 163 of the Armed Forces Act 2006;

(ii)   

in the case of an offence under subsection

10

(1)(c) or (d), to any punishment mentioned in

that Table, but any sentence of imprisonment

or service detention imposed in respect of the

offence must not exceed 51 weeks;”;

(b)   

in paragraph (b)(i)—

15

(i)   

omit “, (b),”;

(ii)   

after “(e)” insert “or (1A)”.

      (5)  

For subsection (3) substitute—

“(2A)   

For the purposes of determining the Court Martial’s powers when

sentencing an offender to whom Part 2 of Schedule 3 to the Armed

20

Forces Act 2006 applies (ex-servicemen etc) for an offence under

subsection (1)(a) or (e) or (1A), subsection (2)(a)(i) has effect as if the

reference to rows 5 to 12 were to rows 5 to 10.”

40    (1)  

Section 96 of that Act (failure to attend for service on call out or recall) is

amended as follows.

25

      (2)  

In subsection (1), for the words (after paragraph (c)) from “is guilty” to the

end substitute “is guilty of desertion (if section 8(2)(a) or (b) of the Armed

Forces Act 2006 applies to him) or absence without leave (if neither of those

provisions applies to him).”

      (3)  

In subsection (3) for the words from “by court-martial” to the end substitute

30

“summarily by a civil court (as well as being triable by the Court Martial).”

41    (1)  

Section 97 of that Act (failure to attend for duty or training) is amended as

follows.

      (2)  

In subsection (1), for the words (after paragraph (b)) from “is guilty” to the

end substitute “is guilty of desertion (if section 8(2)(a) or (b) of the Armed

35

Forces Act 2006 applies to him) or absence without leave (if neither of those

provisions applies to him).”

      (3)  

In subsection (3) for the words from “by court-martial” to the end substitute

“summarily by a civil court (as well as being triable by the Court Martial).”

42    (1)  

Section 98 of that Act (trial and punishment of offences of desertion or

40

absence without leave) is amended as follows.

      (2)  

In subsection (1)—

(a)   

for the words from “section 37” to “1957” substitute “section 8 or 9 of

the Armed Forces Act 2006”;

(b)   

for “as well as by court-martial” substitute “(as well as being triable

45

by the Court Martial)”.

 

 

Armed Forces Bill
Schedule 14 — Amendments relating to reserve forces

248

 

      (3)  

In subsection (2)—

(a)   

for “court-martial” substitute “the Court Martial”;

(b)   

for the words from “service law” to the end substitute “section 8 or 9

(as the case may be) of the Armed Forces Act 2006.”

      (4)  

In subsection (3)(b) for “service law of desertion or absence without leave”

5

substitute “section 8 or 9 of the Armed Forces Act 2006”.

      (5)  

In subsection (4)(a)—

(a)   

for “court-martial” substitute “the Court Martial”;

(b)   

for “service law of absence without leave” substitute “section 9 of the

Armed Forces Act 2006”.

10

      (6)  

Omit subsection (5).

      (7)  

After subsection (6) insert—

“(7)   

Orders or regulations under section 4 may include provision for

enabling a determination to be made in prescribed circumstances

that subsection (6) is to cease to have effect in relation to a period of

15

time or a part of a period of time.”

43         

Omit section 99 of that Act (false pretence of illegal absence).

44         

For section 100 of that Act (arrest of deserters etc) substitute—

“100A   

Arrest by civilian police of deserters and absentees without leave

(1)   

An officer of a UK police force may arrest without warrant a person

20

who is reasonably suspected of being a member of a reserve force, or

a person liable to recall, who has deserted or is absent without leave.

(2)   

If an authorised person is satisfied by evidence given under oath or

affirmation that a relevant suspect is or is reasonably suspected of

being within his jurisdiction, he may issue a warrant for the arrest of

25

the relevant suspect.

(3)   

In subsection (2)—

“authorised person” means a person who has authority in

England and Wales, Scotland or Northern Ireland to issue a

warrant for the arrest of a person suspected of an offence;

30

“relevant suspect” means a person reasonably suspected of

being a member of a reserve force, or a person liable to recall,

who has deserted, is absent without leave or has committed

an offence under section 95.

(4)   

In this section “UK police force” has the meaning given by section

35

368 of the Armed Forces Act 2006.”

45         

Omit section 102 of that Act (record of illegal absence).

46         

In section 104 of that Act, omit subsection (3).

47    (1)  

Section 105 of that Act (trial of offences by civil court) is amended as follows.

      (2)  

In subsection (1) for “which is triable by court-martial is also” substitute “is

40

(as well as being triable by the Court Martial)”.

      (3)  

Omit subsection (2).

 

 

Armed Forces Bill
Schedule 14 — Amendments relating to reserve forces

249

 

      (4)  

In subsection (3) for “an offence under service law (other than an offence of

desertion or absence without leave)” substitute “any service offence (other

than an offence under this Act or an offence mentioned in section 98(1))”.

48         

Omit section 106 of that Act.

49         

In section 107 of that Act (time for institution of proceedings)—

5

(a)   

in subsection (1)—

(i)   

omit the words from “either—” to the end of paragraph (a);

(ii)   

for “under service law” substitute “a service offence”;

(b)   

after subsection (2) add—

“(3)   

Subsection (2) applies to proceedings for an offence under

10

section 96(1) committed by a person liable to recall as it

applies to proceedings mentioned in subsection (1) of this

section.”

50         

In section 108 of that Act (evidence) for subsections (1) and (2) substitute—

“(1A)   

The Secretary of State may by regulations make provision with

15

respect to evidence, including the admissibility of evidence, in

proceedings before a civil court for an offence under this Act.

(1B)   

Regulations under subsection (1A) shall be made by statutory

instrument, which shall be subject to annulment in pursuance of a

resolution of either House of Parliament.”

20

51         

Omit section 124 of that Act (exemption from tolls etc).

52         

Omit section 126 of that Act (amendments relating to transfers to reserves

etc).

53    (1)  

Section 127 of that Act (interpretation) is amended as follows.

      (2)  

In subsection (1)—

25

(a)   

omit the definition of “regular air force”;

(b)   

for the definition of “regular army” substitute—

““the regular army” has the meaning given by section

367 of the Armed Forces Act 2006;”;

(c)   

in the definition of “regular services” for “regular air force”

30

substitute “Royal Air Force”;

(d)   

for the definition of “service law” substitute—

““service offence” has the meaning given by section 50

of the Armed Forces Act 2006;”.

      (3)  

After subsection (2) add—

35

“(3)   

The officer who is the “commanding officer” of a person for the

purposes of any provision of this Act shall be determined by or

under regulations made by the Defence Council under this

subsection.

(4)   

Section 163(2) and (3) of the Armed Forces Act 2006 apply in relation

40

to section 95(2)(a) of, and paragraph 5(3) of Schedule 1 to, this Act.”

54    (1)  

Schedule 1 to that Act (enlistment) is amended as follows.

 

 

Armed Forces Bill
Schedule 14 — Amendments relating to reserve forces

250

 

      (2)  

For paragraph 2(1) substitute—

    “(1)  

An enlisting officer shall not enlist a person under the age of 18

unless consent to the enlistment has been given in writing by—

(a)   

an appropriate person; or

(b)   

if the person offering to enlist is living with more than one

5

appropriate person, each of those appropriate persons.

     (1A)  

In this paragraph “appropriate person” means, in relation to a

person offering to enlist, a person with—

(a)   

parental responsibility (within the meaning of the

Children Act 1989 or the Children (Northern Ireland)

10

Order 1995) for him; or

(b)   

parental responsibilities (within the meaning of section

1(3) of the Children (Scotland) Act 1995) in relation to

him.”

      (3)  

In paragraph 2(2) for “appropriate minimum age” substitute “age of 18”.

15

      (4)  

In paragraph 4(4) for “appropriate minimum age” substitute “age of 18”.

      (5)  

In paragraph 5—

(a)   

in sub-paragraph (1) omit “or recklessly”;

(b)   

in sub-paragraph (2) for “subject to service law” substitute “a

member of the reserve forces”;

20

(c)   

in sub-paragraph (3) for the words from “has since” to the end

substitute “becomes a member of the reserve forces is liable on

conviction by the Court Martial to any punishment mentioned in

rows 2 to 12 of the Table in section 163 of the Armed Forces Act

2006.”;

25

(d)   

after that sub-paragraph add—

    “(4)  

For the purposes of determining the Court Martial’s

powers when sentencing an offender to whom Part 2 of

Schedule 3 to the Armed Forces Act 2006 (ex-servicemen

etc) applies for an offence under sub-paragraph (1), sub-

30

paragraph (3) has effect as if the reference to rows 2 to 12

were to rows 2 to 10.

      (5)  

Where an offence under sub-paragraph (1) is committed

by a person within sub-paragraph (3), the time for which

he is for the purposes of section 62 of the Armed Forces Act

35

2006 (time limits for charging) to be regarded as being a

relevant reservist (within the meaning of that section)

includes the period from (and including) the time he

committed the offence to the time he became a member of

the reserve forces.”

40

      (6)  

In paragraph 6(1) for “a court-martial” substitute “the Court Martial”.

      (7)  

Omit paragraph 7  and the heading before it.

55         

Omit Schedule 2 to that Act (deserters and absentees without leave).

56         

Omit Schedule 3 to that Act (evidence).

57         

Omit Schedule 7 to that Act (postponement of transfer to the reserves or

45

discharge from the reserves).

 

 

Armed Forces Bill
Schedule 15 — Civilians subject to service discipline
Part 1 — Civilians subject to service discipline

251

 

58         

In Part 2 of Schedule 9 to that Act (transitional provisions) omit paragraphs

22 and 23.

59         

In Schedule 10 to that Act (minor and consequential amendments) omit

paragraphs 1 to 13 and 23.

Schedule 15

5

Section 363

 

Civilians subject to service discipline

Part 1

Civilians subject to service discipline

Persons in one of Her Majesty’s aircraft in flight

1     (1)  

A person is within this paragraph if he is in one of Her Majesty’s aircraft in

10

flight.

      (2)  

For the purposes of sub-paragraph (1) the period during which an aircraft is

in flight includes—

(a)   

any period from the moment when power is applied for the purpose

of the aircraft taking off on a flight until the moment when the

15

landing run (if any) at the termination of that flight ends;

(b)   

any period when the aircraft is on the surface of the sea or navigable

waters.

      (3)  

In sub-paragraph (2)(a) a “flight” means a journey by air beginning when the

aircraft takes off and ending when it next lands.

20

      (4)  

In this paragraph “Her Majesty’s aircraft” means all aircraft belonging to or

used for the purposes of any of Her Majesty’s forces.

Persons in one of Her Majesty’s ships afloat

2     (1)  

A person is within this paragraph if he is in one of Her Majesty’s ships afloat.

      (2)  

In this paragraph “Her Majesty’s ships” means all ships belonging to or used

25

for the purposes of any of Her Majesty’s forces.

      (3)  

For the purposes of this paragraph “afloat” means not on shore.

Persons in service custody etc

3     (1)  

A person is within this paragraph if—

(a)   

he is in service custody; and

30

(b)   

his being in service custody is lawful by virtue of any provision of or

made under this Act.

      (2)  

A person is also within this paragraph if he is in the course of being arrested,

or of having an attempted arrest made of him, by a person who has a duty

under service law to apprehend him.

35

 

 

Armed Forces Bill
Schedule 15 — Civilians subject to service discipline
Part 1 — Civilians subject to service discipline

252

 

Crown servants in designated area working in support of Her Majesty’s forces

4     (1)  

A person is within this paragraph (subject to paragraph 11) if—

(a)   

he is a Crown servant;

(b)   

his sole or main role is to work in support of any of Her Majesty’s

forces; and

5

(c)   

he is in a designated area.

      (2)  

In this paragraph “Crown servant” means a person employed by or in the

service of the Government of the United Kingdom.

Persons working for specified military organisations

5     (1)  

A person is within this paragraph (subject to paragraph 11) if—

10

(a)   

he is employed by or in the service of a specified naval, military or

air-force organisation of which the United Kingdom is a member;

(b)   

he is so employed by reason of the United Kingdom’s membership

of that organisation; and

(c)   

he is outside the British Islands.

15

      (2)  

In this paragraph “specified” means specified by order of the Secretary of

State under this paragraph.

Persons in designated area who are members or employees of other specified organisations

6     (1)  

A person is within this paragraph (subject to paragraph 11) if—

(a)   

he belongs to or is employed by a specified organisation; and

20

(b)   

he is in a designated area.

      (2)  

In this paragraph “specified organisation” means an organisation which—

(a)   

does not fall within paragraph 5; and

(b)   

is specified by order of the Secretary of State under this paragraph.

Persons designated by or on behalf of Defence Council

25

7     (1)  

A person is within this paragraph (subject to paragraph 11) if—

(a)   

he is designated for the purposes of this paragraph by or on behalf of

the Defence Council or by an officer authorised by the Defence

Council; and

(b)   

he is outside the British Islands.

30

      (2)  

A person may be designated for the purposes of this paragraph only if it

appears to the Defence Council or the authorised officer that it is desirable

to do so—

(a)   

in the interests of the person;

(b)   

for the protection of other persons (whether or not members of any

35

of Her Majesty’s forces); or

(c)   

for the purpose of maintaining good order and discipline.

      (3)  

In deciding whether to designate a person for the purposes of this

paragraph, the Defence Council or the authorised officer must have regard

in particular to—

40

(a)   

the characteristics of the justice system (if any) in any country or

territory where the person is or is likely to be;

 

 

Armed Forces Bill
Schedule 15 — Civilians subject to service discipline
Part 1 — Civilians subject to service discipline

253

 

(b)   

the terms of any treaty, agreement or arrangement relating to the

legal status, or the treatment, of visiting forces to which the United

Kingdom and any such country or territory are parties;

(c)   

the likelihood of the person’s being subject to the law applicable to

the armed forces of any country or territory outside the British

5

Islands.

      (4)  

A designation under this paragraph—

(a)   

may designate persons by name or by description;

(b)   

may provide, in relation to any person designated by it, that it

applies to him only for a specified period or in specified

10

circumstances;

(c)   

may be withdrawn by any person entitled to make designations

under this paragraph.

      (5)  

In sub-paragraph (4) “specified” means specified by the designation.

Persons residing or staying with person subject to service law in designated area

15

8          

A person is within this paragraph (subject to paragraph 11) if—

(a)   

he resides or is staying with a person subject to service law in a

designated area; and

(b)   

he is in that designated area.

Persons residing or staying with person falling within paragraph 4 or 6 in designated area

20

9     (1)  

A person is within this paragraph (subject to paragraph 11) if—

(a)   

he resides or is staying with a relevant person in a designated area;

and

(b)   

he is in that designated area.

      (2)  

In this paragraph a “relevant person” means a person who—

25

(a)   

falls within paragraph 4 or 6; or

(b)   

would fall within paragraph 4 or 6, but for paragraph 11 or his not

being in a designated area.

Persons residing or staying with person falling within paragraph 5

10    (1)  

A person is within this paragraph (subject to paragraph 11) if—

30

(a)   

he resides or is staying with a relevant person outside the British

Islands; and

(b)   

he is outside the British Islands.

      (2)  

In this paragraph a “relevant person” means a person who—

(a)   

falls within paragraph 5; or

35

(b)   

would fall within paragraph 5, but for paragraph 11 or his being in

the British Islands.

 

 

 
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