Armed Forces Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Armed Forces Bill

Armed Forces Bill
Part 2 — Jurisdiction and Time Limits
Chapter 2 — Time Limits for Commencing Proceedings
25

54
Charges which may be heard summarily only with permission or by senior
officer
(1)
An officer may not hear summarily a charge in respect of an offence within
subsection (2) unless—
(a)
he has obtained the permission of higher authority; or
5
(b)
he is of or above the rank of rear admiral, major-general or air vice-
marshal.
(2)
An offence is within this subsection if it is an offence under section 42 as
respects which the corresponding offence under the law of England and Wales
is—
10
(a)
an offence listed in Part 2 of Schedule 1; or
(b)
an offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of
attempting to commit an (indictable) offence so listed.
Chapter 2
Time Limits for Commencing Proceedings
15
Time limits for offences other than Reserve Forces Act offences
55
Time limit for charging former member of a regular or reserve force
(1)
This section applies where a person ceases to be a member of a regular or
reserve force.
(2)
The person may not, after the end of six months beginning with the date he
20
ceased to be a member of that force, be charged with a service offence
committed while he was a member.
(3)
Subsection (2) applies even if the person rejoins the force within those six
months.
56
Time limit for charging certain members or former members of ex-regular
25
reserve forces
(1)
This section applies where—
(a)
a person, while a member of an ex-regular reserve force, has been
subject to an additional duties commitment; and
(b)
the person ceases to be subject to the commitment.
30
(2)
The person may not, after the end of six months beginning with the date he
ceased to be subject to the commitment, be charged with a service offence
committed while he was so subject.
57
Time limit for charging person formerly subject to service law
(1)
This section applies where a person ceases to be subject to service law.
35
(2)
The person may not, after the end of six months beginning with the date he
ceased to be subject to service law, be charged with a service offence committed
while he was so subject.

Armed Forces Bill
Part 2 — Jurisdiction and Time Limits
Chapter 2 — Time Limits for Commencing Proceedings
26

(3)
Subsection (2) applies even if the person (again) becomes subject to service law
within those six months.
(4)
Subsection (2) does not apply in relation to an offence committed by a person
when he was—
(a)
a member of a volunteer reserve force; or
5
(b)
a member of an ex-regular reserve force who was subject to an
additional duties commitment.
58
Time limit for charging civilian formerly subject to service discipline
(1)
Subsection (2) applies in any case where a person ceases to be a civilian subject
to service discipline, except a case where at the time he does so he becomes
10
subject to service law.
(2)
Where this subsection applies—
(a)
the person may not, after the end of six months beginning with the date
he ceased to be a civilian subject to service discipline, be charged with
a service offence committed while he was such a civilian; and
15
(b)
this applies even if he (again) becomes such a civilian within those six
months.
(3)
Where a person ceases to be a civilian subject to service discipline and at the
time he does so becomes subject to service law, section 57 has effect as if—
(a)
the reference in subsection (2) to a service offence committed while the
20
person was subject to service law included a reference to a service
offence committed during the relevant period; and
(b)
the reference in subsection (3) to becoming subject to service law
included a reference to becoming a civilian subject to service discipline.
(4)
In subsection (3)(a) above “the relevant period” means the period while the
25
person was a civilian subject to service discipline that ended with his becoming
subject to service law.
(5)
Subsection (6) applies to a person who ceases to be a civilian subject to service
discipline by reason only of leaving an area designated for the purposes of
Schedule 15.
30
(6)
If at the time the person leaves the designated area he is still residing or staying
in it, he is to be treated for the purposes of this section (apart from subsection
(5)) as not ceasing to be a civilian subject to service discipline.
59
Time limit for charging offence under section 107
(1)
A person may not be charged with an offence under section 107 (breach of
35
requirement imposed on release from custody) after the end of whichever of
the following periods ends last—
(a)
six months beginning with the date of commission of the offence;
(b)
two months beginning with the date the person is apprehended.
(2)
Where subsection (1) prohibits the charging of a person with an offence, the
40
power under section 122(2)(c) or 124(2)(c) may not be exercised so as charge
that person with that offence.

Armed Forces Bill
Part 2 — Jurisdiction and Time Limits
Chapter 2 — Time Limits for Commencing Proceedings
27

60
Time limit for charging offence under section 265
A person may not be charged with an offence under section 265 (failure to
comply with financial statement order) after the end of whichever of the
following periods ends first—
(a)
two years beginning with the date of commission of the offence;
5
(b)
six months beginning with the date the offence becomes known to a
member of the Service Prosecuting Authority.
61
Sections 55 to 60: exceptions and interpretation
(1)
References in sections 55 to 60 and this section to charging (except the second
such reference in section 59(2)) are to charging under section 119 or 121.
10
(2)
Where any of sections 55 to 58 prohibits the charging of a person with an
offence, the person may be charged with the offence if the Attorney General
consents.
(3)
Each of sections 55 to 60 is without prejudice to the rest of those sections.
(4)
Nothing in those sections applies in relation to a Reserve Forces Act offence (as
15
defined by section 62).
Time limit for Reserve Forces Act offences
62
Time limit for charging Reserve Force Act offences
(1)
A person may not be charged with a Reserve Forces Act offence after the end
of whichever of the following periods ends last—
20
(a)
six months beginning with the date of commission of the offence;
(b)
two months beginning with the date the offence becomes known to the
person’s commanding officer;
(c)
two months beginning with the date the person is apprehended;
(d)
if the offence was committed when the person was a relevant reservist,
25
six months beginning with the date he ceases to be a relevant reservist.
(2)
If—
(a)
the offence was committed when the person was a relevant reservist,
and
(b)
he ceases to be a relevant reservist after committing it,
30

the period in subsection (1)(d) is not extended by his (again) becoming a
relevant reservist within the six months beginning with the date he so ceased.
(3)
In this section—
(a)
the reference in subsection (1) to charging is to charging under section
119 or 121;
35
(b)
“Reserve Forces Act offence” means an offence within section 50(2)(h)
or (i);
(c)
“relevant reservist” means—
(i)
a member of a volunteer reserve force; or
(ii)
a member of an ex-regular reserve force who is in full-time
40
service or subject to an additional duties commitment;
(d)
“in full-time service” means in such service under a commitment
entered into under section 24 of the Reserve Forces Act 1996 (c. 14).

Armed Forces Bill
Part 2 — Jurisdiction and Time Limits
Chapter 3 — Double Jeopardy
28

(4)
Where subsection (1) prohibits the charging (as defined by subsection (3)(a)) of
a person with an offence, the power under section 122(2)(c) or 124(2)(c) may
not be exercised so as to charge that person with that offence.
Chapter 3
Double Jeopardy
5
63
Service proceedings barring subsequent service proceedings
(1)
This section applies where a person—
(a)
has been convicted or acquitted of a service offence; or
(b)
has had a service offence taken into consideration when being
sentenced;
10

and in this section “offence A” means the offence mentioned in paragraph (a)
or (b).
(2)
The Court Martial may not try that person for an offence (“offence B”) if—
(a)
offence B is the same offence in law as offence A, or subsection (3)
applies; and
15
(b)
the alleged facts on which the charge in respect of offence B is based are
the same, or substantially the same, as those on which the charge in
respect of offence A was based.
(3)
This subsection applies if—
(a)
the person was convicted of offence A, or offence A was taken into
20
consideration, and offence B is an offence all of whose elements are
elements of offence A;
(b)
the person was acquitted of offence A and offence B is an offence whose
elements include all the elements of offence A; or
(c)
the person was convicted or acquitted of offence A by the Court Martial
25
or the Service Civilian Court and offence B is an offence of which under
section 160 (alternative offences) he could have been convicted on
acquittal of offence A.
(4)
Where offence A is an offence taken into consideration which was not charged,
the reference in subsection (2)(b) to the facts on which the charge in respect of
30
offence A was based is to be read as a reference to the facts on which a charge
in respect of offence A would have been based.
(5)
Where by reason of this section a person cannot be tried by the Court Martial
for an offence—
(a)
the Service Civilian Court may not try him for that offence; and
35
(b)
a charge against him in respect of that offence may not be heard
summarily by an officer.
64
Service proceedings barring subsequent civilian proceedings
(1)
This section applies where a person—
(a)
has been convicted or acquitted of an offence under section 42 (criminal
40
conduct); or
(b)
has had such an offence taken into consideration when being
sentenced.

Armed Forces Bill
Part 2 — Jurisdiction and Time Limits
Chapter 3 — Double Jeopardy
29

(2)
A civilian court in a relevant territory may not try that person for any offence
for which, under the law of that territory, it would be debarred from trying him
if he had been convicted or (as the case may be) acquitted by a court in England
and Wales of the relevant offence.
(3)
“The relevant offence” means the offence under the law of England and Wales
5
which the act (or alleged act) constituting the offence under section 42
amounted to.
(4)
Where that act (or alleged act) would amount to an offence under the law of
England and Wales if it had been done in England or Wales, for the purposes
of subsection (3) it shall be assumed to amount to that offence.
10
(5)
In this section “relevant territory” means—
(a)
England and Wales;
(b)
Scotland;
(c)
Northern Ireland; or
(d)
the Isle of Man.
15
(6)
In this section “act” includes an omission and references to the doing of an act
are to be read accordingly.
65
Sections 63 and 64: supplementary
(1)
If a direction under section 126(1) or (2) has been made in relation to an offence,
the person to whom the direction relates shall be treated—
20
(a)
for the purposes of section 63, and
(b)
in the case of a direction under section 126(2), for the purposes of
section 64,

as if he had been acquitted of the offence.
(2)
The reference in subsection (1)(a) above to section 63 does not include
25
subsection (3)(c) of that section.
(3)
For the purposes of sections 63 and 64 a person shall be taken not to have had
an offence taken into consideration when being sentenced if the sentence has
been quashed.
66
Civilian proceedings barring subsequent service proceedings
30
(1)
The Court Martial may not try a person for an offence under section 42
(criminal conduct) if the act constituting the offence amounts to an offence
under the law of England and Wales for which a civilian court in England and
Wales would on the ground of autrefois acquit or autrefois convict be debarred
from trying him.
35
(2)
The Court Martial may not try a person for a non-criminal service offence (that
is, a service offence not under section 42) if—
(a)
any act constituting an element of the offence amounts to an offence
under the law of England and Wales (“offence X”); and
(b)
a civilian court in England and Wales would on the ground of autrefois
40
acquit be debarred from trying the person for offence X.
(3)
Where an act constituting—
(a)
an offence under section 42, or
(b)
an element of a non-criminal service offence,

Armed Forces Bill
Part 3 — Powers of Arrest, Search and Entry
Chapter 1 — Arrest etc
30


would amount to an offence under the law of England and Wales if it had been
done in England or Wales, it shall be assumed for the purposes of subsection
(1) or (2) to amount to that offence.
(4)
Where a civilian court (anywhere) has taken an offence into consideration in
sentencing a person and the sentence has not been quashed, the person shall be
5
treated for the purposes of subsection (1) as having been convicted by that
court of that offence.
(5)
Where by reason of this section a person cannot be tried by the Court Martial
for an offence—
(a)
the Service Civilian Court may not try him for that offence; and
10
(b)
a charge against him in respect of that offence may not be heard
summarily by an officer.
(6)
This section does not apply in any case where the question whether a person
can be tried for an offence (or dealt with summarily for it) is determined by
section 63.
15
(7)
In this section “act” includes an omission and references to the doing of an act
are to be read accordingly.
Part 3
Powers of Arrest, Search and Entry
Chapter 1
20
Arrest etc
Powers of arrest
67
Power of arrest for service offence
(1)
A person who is reasonably suspected of being engaged in committing, or of
having committed, a service offence may be arrested in accordance with
25
subsection (2), (3), (4) or (5) by a person subject to service law.
(2)
An officer may be arrested under subsection (1)—
(a)
by an officer of superior rank or, if engaged in a mutiny, quarrel or
disorder, by an officer of any rank;
(b)
by a service policeman; or
30
(c)
on the order of another officer, by a person who is lawfully exercising
authority on behalf of a provost officer.
(3)
A person of or below the rank or rate of warrant officer may be arrested under
subsection (1)—
(a)
by an officer;
35
(b)
by a warrant officer or non-commissioned officer of superior rank or
rate;
(c)
by a service policeman;
(d)
by a person who is lawfully exercising authority on behalf of a provost
officer; or
40
(e)
if a member of a ship’s company or an embarked force, by a person
exercising authority as a member of the staff of the officer of the day.

Armed Forces Bill
Part 3 — Powers of Arrest, Search and Entry
Chapter 1 — Arrest etc
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(4)
A civilian subject to service discipline may be arrested under subsection (1)—
(a)
by an officer;
(b)
by a service policeman; or
(c)
by a person who is lawfully exercising authority on behalf of a provost
officer.
5
(5)
Where none of subsections (2) to (4) applies in relation to the person to be
arrested, that person may be arrested under subsection (1) by a service
policeman.
(6)
The power of arrest conferred on any person by this section may be exercised—
(a)
personally;
10
(b)
by giving orders for the arrest of the person who is to be arrested; or
(c)
where that person is subject to service law, by ordering him into arrest.
68
Section 67: supplementary
(1)
In section 67(2)(a) the reference to being engaged in a mutiny is a reference to
committing an offence under section 6.
15
(2)
For the purposes of section 67(3), a person who—
(a)
is suspected of having committed a service offence while a member of
Her Majesty’s forces, and
(b)
is not a member of Her Majesty’s forces or a civilian subject to service
discipline,
20

is to be treated in relation to the offence as being of the rank or rate which he
held when he was last a member of Her Majesty’s forces.
(3)
For the purposes of section 67(4), a person who—
(a)
is suspected of having committed a service offence while a civilian
subject to service discipline, and
25
(b)
is not a member of Her Majesty’s forces or a civilian subject to service
discipline,

is to be treated in relation to the offence as if he were a civilian subject to service
discipline.
(4)
Where a person may be charged (within the meaning of section 61(1)) with an
30
offence only with the consent of the Attorney General (see section 61(2)),
section 67(1) has effect in relation to the offence as if for the words from “in
accordance with” to the end there were substituted “by a service policeman”
(and as if section 67(2) to (5) were omitted).
69
Power of arrest in anticipation of commission of service offence
35
(1)
A service policeman may arrest a person whom he reasonably suspects of
being about to commit a service offence.
(2)
Subsection (6) of section 67 applies in relation to the power of arrest conferred
by this section as it applies in relation to the power of arrest conferred by that
section.
40
(3)
Where a person is arrested under this section—
(a)
the arrest must be reported as soon as practicable to his commanding
officer; and