|
| |
|
(1C) | An offence under this section is triable summarily by a civil court (as |
| |
well as being triable by the Court Martial).” |
| |
| |
(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;”; |
| |
| 15 |
| |
(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 |
| |
| 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 |
| |
| |
(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. |
| |
| |
(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 |
| |
|
| |
|
| |
|
| |
(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 |
| |
| 10 |
| |
(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 |
| |
| |
“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)”. |
| |
| |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| |
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 |
| |
| |
53 (1) | Section 127 of that Act (interpretation) is amended as follows. |
| |
| 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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
(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 |
| |
(b) | parental responsibilities (within the meaning of section |
| |
1(3) of the Children (Scotland) Act 1995) in relation to |
| |
| |
(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”. |
| |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| 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). |
| |
|
| |
|
| |
|
58 | In Part 2 of Schedule 9 to that Act (transitional provisions) omit paragraphs |
| |
| |
59 | In Schedule 10 to that Act (minor and consequential amendments) omit |
| |
paragraphs 1 to 13 and 23. |
| |
| 5 |
| |
Civilians subject to service discipline |
| |
| |
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 |
| |
(2) | For the purposes of sub-paragraph (1) the period during which an aircraft is |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
|
| |
|
| |
|
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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| 40 |
(a) | the characteristics of the justice system (if any) in any country or |
| |
territory where the person is or is likely to be; |
| |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
(c) | may be withdrawn by any person entitled to make designations |
| |
| |
(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 |
| |
| |
(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; |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
|
| |
|