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Armed Forces Bill


Armed Forces Bill
Schedule 16 — Minor and consequential amendments

268

 

(b)   

in sub-paragraph (7) for the words from “a civil offence” to the end

substitute “an offence under section 42 of the Armed Forces Act

2006.”

Contempt of Court Act 1981 (c. 49)

67         

In section 19 of the Contempt of Court Act 1981 (interpretation), for “Courts-

5

Martial Appeal Court”, in both places, substitute “Court Martial Appeal

Court”.

68         

In Schedule 1 to that Act (times when proceedings are active for purposes of

section 2), after paragraph 1 insert—

“1A        

In paragraph 1 the reference to an offence includes a service

10

offence within the meaning of the Armed Forces Act 2006.”

Senior Courts Act 1981 (c. 54)

69         

In section 29 of the Senior Courts Act 1981 (mandatory, prohibiting and

quashing orders), for subsection (3A) substitute—

“(3A)   

The High Court shall have no jurisdiction to make mandatory,

15

prohibiting or quashing orders in relation to the jurisdiction of the

Court Martial in matters relating to—

(a)   

trial by the Court Martial for an offence; or

(b)   

appeals from the Service Civilian Court.”

Criminal Justice Act 1982 (c. 48)

20

70    (1)  

Section 32 of the Criminal Justice Act 1982 (early release of prisoners) is

amended as follows.

      (2)  

In subsection (1) at the end of paragraph (b) add “or

(c)   

imprisonment to which they were sentenced for an offence

under section 42 of the Armed Forces Act 2006 (criminal

25

conduct) as respects which the corresponding offence under

the law of England and Wales (within the meaning of that

section) is—

(i)   

an excluded offence;

(ii)   

an attempt to commit an excluded offence;

30

(iii)   

conspiracy to commit an excluded offence; or

(iv)   

aiding or abetting, counselling, procuring or inciting

the commission of an excluded offence,”.

      (3)  

After that subsection insert—

“(1A)   

The reference in subsection (1)(a) to sentences of imprisonment for

35

public protection under section 225 of the Criminal Justice Act 2003

and to extended sentences under 227 of that Act includes such

sentences passed as a result of section 218 or 219 of the Armed Forces

Act 2006.”

      (4)  

After subsection (2) insert—

40

“(2A)   

Section 48 of the Armed Forces Act 2006 (attempts, conspiracy,

incitement and aiding and abetting outside England and Wales)

applies for the purposes of subsection (1)(c)(ii) to (iv) above as if the

 

 

Armed Forces Bill
Schedule 16 — Minor and consequential amendments

269

 

reference in subsection (3)(b) of that section to any of the following

provisions of that Act were a reference to subsection (1)(c)(ii) to

(iv).”.

      (5)  

In subsection (3)(b) after “(iv)” insert “or (1)(c)”.

Representation of the People Act 1983 (c. 2)

5

71         

In section 3(2)(a) of the Representation of the People Act 1983

(disenfranchisement of offenders in prison etc), for the words from “court-

martial” to “1976” substitute “court of a service offence within the meaning

of the Armed Forces Act 2006”.

72         

In section 3A of that Act (disenfranchisement of offenders detained in

10

mental hospitals), for subsection (5) substitute—

“(5)   

The reference in subsection (2)(a)(i) to an order under section 37 or 38

of the Mental Health Act 1983 includes such an order made by virtue

of Schedule 4 to the Armed Forces Act 2006 (including as applied by

section 16(2) of the Court Martial Appeals Act 1968).”

15

Mental Health Act 1983 (c. 20)

73    (1)  

Section 47 of the Mental Health Act 1983 (removal to hospital of prisoners

etc) is amended as follows.

      (2)  

In subsection (5)(a)—

(a)   

after “proceedings” insert “or service disciplinary proceedings”;

20

(b)   

after “trial” insert “or a sentence of service detention within the

meaning of the Armed Forces Act 2006”.

      (3)  

After subsection (5) add—

“(6)   

In subsection (5)(a) “service disciplinary proceedings” means

proceedings in respect of a service offence within the meaning of the

25

Armed Forces Act 2006.”

Repatriation of Prisoners Act 1984 (c. 47)

74         

In section 1 of the Repatriation of Prisoners Act 1984 (warrants for transfer

of prisoners etc into or out of UK) after subsection (7) insert—

“(7A)   

In subsection (7)(a) the reference to an order made by a court or

30

tribunal in the United Kingdom in the course of the exercise of its

criminal jurisdiction includes an order made (anywhere) by—

(a)   

the Court Martial;

(b)   

the Service Civilian Court;

(c)   

the Court Martial Appeal Court; or

35

(d)   

the Supreme Court on an appeal brought from the Court

Martial Appeal Court.”

Inheritance Tax Act 1984 (c. 51)

75         

In section 154(2) of the Inheritance Tax Act 1984 (death on active service etc),

for the words from “(not being a member” to “any body of those forces”

40

 

 

Armed Forces Bill
Schedule 16 — Minor and consequential amendments

270

 

substitute “a civilian subject to service discipline within the meaning of the

Armed Forces Act 2006”.

Police and Criminal Evidence Act 1984 (c. 60)

76         

In section 63A(1B) of the Police and Criminal Evidence Act 1984

(fingerprints and samples: supplementary provisions)—

5

(a)   

in paragraph (h) for “Royal Navy Regulating Branch” substitute

“Royal Navy Police”;

(b)   

omit paragraph (k).

77         

In section 67 of that Act (codes of practice: supplementary), for subsection

(12) substitute—

10

“(12)   

In subsection (11) “criminal proceedings” includes service

proceedings.

(13)   

In this section “service proceedings” means proceedings before a

court (other than a civilian court) in respect of a service offence; and

“service offence” and “civilian court” here have the same meanings

15

as in the Armed Forces Act 2006.”

78    (1)  

Section 72 of that Act (provision supplementary to Part 7 (documentary

evidence in criminal proceedings)) is amended as follows.

      (2)  

In subsection (1), in the definition of “proceedings”, for paragraphs (a) to (c)

substitute “service proceedings.”

20

      (3)  

After that subsection insert—

“(1A)   

In subsection (1) “service proceedings” means proceedings before a

court (other than a civilian court) in respect of a service offence; and

“service offence” and “civilian court” here have the same meanings

as in the Armed Forces Act 2006.”

25

79         

In section 75(3) of that Act (supplementary provision about conviction as

evidence of commission of offence), after paragraph (a) insert—

“(aa)   

section 186 of the Armed Forces Act 2006 (which makes

similar provision in respect of service convictions);”.

80    (1)  

Section 82 of that Act (interpretation of Part 8 (evidence in criminal

30

proceedings: general)) is amended as follows.

      (2)  

In subsection (1)—

(a)   

omit the definition of “court-martial”;

(b)   

in the definition of “proceedings”, for paragraphs (a) to (c) substitute

“service proceedings;”;

35

(c)   

in the definition of “Service court” for “a court-martial or a Standing

Civilian Court” substitute “the Court Martial or the Service Civilian

Court”.

      (3)  

After that subsection insert—

“(1A)   

In subsection (1) “service proceedings” means proceedings before a

40

court (other than a civilian court) in respect of a service offence; and

“service offence” and “civilian court” here have the same meanings

as in the Armed Forces Act 2006.”

 

 

Armed Forces Bill
Schedule 16 — Minor and consequential amendments

271

 

      (4)  

Omit subsection (2).

81    (1)  

Section 113 of that Act (application of Act to armed forces) is amended as

follows.

      (2)  

For subsection (1) substitute—

“(1)   

The Secretary of State may by order make provision in relation to—

5

(a)   

investigations of service offences,

(b)   

persons arrested under a power conferred by or under the

Armed Forces Act 2006,

(c)   

persons charged under that Act with service offences,

(d)   

persons in service custody, or

10

(e)   

persons convicted of service offences,

   

which is equivalent to that made by any provision of Part 5 of this

Act (or this Part of this Act so far as relating to that Part), subject to

such modifications as the Secretary of State considers appropriate.”

      (3)  

In subsection (2) for the words from “offences” to the end substitute “service

15

offences”.

      (4)  

In subsection (3) for the words from “concerned with” to the end substitute

“concerned with—

(a)   

the exercise of powers conferred by or under Part 3 of the

Armed Forces Act 2006; or

20

(b)   

investigations of service offences.”

      (5)  

In subsection (4) for “enquiries” substitute “investigations”.

      (6)  

For subsection (9) substitute—

“(9)   

Subsection (8) above applies to proceedings in respect of an offence

under a provision of Part 1 of the Armed Forces Act 2006 other than

25

section 42 (criminal conduct).”

      (7)  

Omit subsection (11).

      (8)  

In subsection (12) for the words from “proceedings” to the end of paragraph

(c) substitute “service proceedings”.

      (9)  

After that subsection insert—

30

“(12A)   

In this section—

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

Armed Forces Act 2006;

“criminal proceedings” includes service proceedings;

“service proceedings” means proceedings before a court (other

35

than a civilian court) in respect of a service offence; and

“civilian court” has the meaning given by section 367 of the

Armed Forces Act 2006;

   

and section 369(1) and (2) of that Act (meaning of “convicted” in

relation to summary hearings and the SAC) apply for the purposes

40

of subsection (1)(e) above as they apply for the purposes of that Act.”

 

 

Armed Forces Bill
Schedule 16 — Minor and consequential amendments

272

 

     (10)  

After subsection (13) add—

“(14)   

Section 366(5) and (6) of the Armed Forces Act 2006 (supplementary

provisions) apply in relation to an order under this section as they

apply in relation to an order under that Act.”

82    (1)  

Section 120 of that Act (extent) is amended as follows.

5

      (2)  

For subsections (6) and (7) substitute—

“(6)   

Nothing in subsection (1) affects—

(a)   

the extent of section 113(1) to (7) and (12) to (14);

(b)   

the extent of the relevant provisions so far as they relate to

service proceedings.”

10

      (3)  

In subsection (8)—

(a)   

for paragraphs (a) and (b) substitute—

“(a)   

section 67(11) to (13);”;

(b)   

for paragraphs (d) and (e) substitute—

“(d)   

section 113(8) to (10).”

15

      (4)  

For subsection (9) substitute—

“(8A)   

In this section “service proceedings” means proceedings before a

court (other than a civilian court) in respect of a service offence; and

“service offence” and “civilian court” here have the same meanings

as in the Armed Forces Act 2006.”

20

(8B)   

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 (6)(a) and (b) above as it applies

in relation to that Act.”

Prosecution of Offences Act 1985 (c. 23)

25

83         

In section 19 of the Prosecution of Offences Act 1985 (provision for orders as

to costs in other circumstances)—

(a)   

in subsection (3)(c)(ii) for the words from “to which” to the end

substitute “within subsection (3B) below;”;

(b)   

after subsection (3A) insert—

30

“(3B)   

A request is within this subsection if—

(a)   

it is a request to a registered medical practitioner to

make a written or oral report on the medical

condition of an offender or defendant; and

(b)   

it is made by a court—

35

(i)   

for the purpose of determining whether or not

to include in a community order (within the

meaning of Part 12 of the Criminal Justice Act

2003) a mental health treatment requirement

under section 207 of that Act or make an order

40

under section 37 of the Mental Health Act

1983 (hospital orders and guardianship

orders) or otherwise for the purpose of

determining the most suitable method of

dealing with an offender; or

45

 

 

Armed Forces Bill
Schedule 16 — Minor and consequential amendments

273

 

(ii)   

in exercise of the powers conferred by section

11 of the Powers of Criminal Courts

(Sentencing) Act 2000 (remand of a defendant

for medical examination).”

Housing Act 1985 (c. 68)

5

84         

In section 622(1) of the Housing Act 1985 (minor definitions), for the

definition of “regular armed forces of the Crown” substitute—

““regular armed forces of the Crown” means the regular forces

as defined by section 367 of the Armed Forces Act 2006;”.

Debtors (Scotland) Act 1987 (c. 18)

10

85         

In section 73(3)(b) of the Debtors (Scotland) Act 1987, for the words from

“section 203” to “Council” substitute “section 352 of the Armed Forces Act

2006”.

Coroners Act 1988 (c. 13)

86         

In section 8 of the Coroners Act 1988 (duty to hold inquest) after subsection

15

(6) add—

“(7)   

This section applies in relation to service custody premises (within

the meaning of section 298 of the Armed Forces Act 2006) and

persons detained in such premises as it applies in relation to prisons

and prisoners.”

20

87         

In section 19 of that Act (post-mortem examination without inquest) in

subsection (4)(b) after “prison” insert “or in service custody premises (within

the meaning of section 298 of the Armed Forces Act 2006),”.

Criminal Justice Act 1988 (c. 33)

88         

In the Criminal Justice Act 1988, omit section 50 (suspended sentences on

25

certain civilians in service courts).

89         

In section 146 of that Act (evidence before service courts)—

(a)   

in the sidenote, for “courts-martial etc” substitute “certain service

courts”; and

(b)   

for “courts-martial, the Courts-Martial Appeal Court and Standing

30

Civilian Courts” substitute “certain service courts”.

90         

In section 172 of that Act (extent), for subsections (7) to (9) substitute—

“(7)   

Nothing in subsection (1) above affects the extent of section 146 or

Schedule 13.”

91    (1)  

Schedule 13 to that Act (evidence before service courts) is amended as

35

follows.

      (2)  

In the title for “courts-martial etc” substitute “service courts”.

      (3)  

In paragraph 1—

(a)   

in the definition of “procedural instruments”, for paragraphs (a) to

 

 

Armed Forces Bill
Schedule 16 — Minor and consequential amendments

274

 

(d) substitute—

“(a)   

Court Martial rules within the meaning of the Armed

Forces Act 2006;

(b)   

SCC rules within the meaning of that Act; and

(c)   

rules under section 49 of the Court Martial Appeals

5

Act 1968;”;

(b)   

in the definition of “Service courts”, for paragraphs (a) to (d)

substitute—

“(a)   

the Court Martial;

(b)   

the Service Civilian Court; and

10

(c)   

the Court Martial Appeal Court.”

      (4)  

Omit paragraphs 7, 9 and 10.

Road Traffic Act 1988 (c. 52)

92         

In section 183 of the Road Traffic Act 1988 (application to the Crown), in

subsection (6) for the words from “subject to” to “air force law” substitute

15

“subject to service law (within the meaning of the Armed Forces Act 2006)”.

93    (1)  

Section 184 of that Act (application of sections 5 to 10 to persons subject to

service discipline) is amended as follows.

      (2)  

In subsection (1)—

(a)   

in the words before paragraph (a) for “persons subject to service

20

discipline” substitute “persons subject to service law and civilians

subject to service discipline”;

(b)   

in paragraph (a) for “the corresponding service offence” substitute

“an offence under section 42 of the Armed Forces Act 2006 as respects

which the corresponding offence under the law of England and

25

Wales is that offence”;

(c)   

in paragraph (b) for “naval, military or air force authority” substitute

“officer”;

(d)   

in paragraph (e)—

(i)   

for “persons subject to service discipline” substitute “persons

30

subject to service law or civilians subject to service

discipline”;

(ii)   

omit “and” at the end of the paragraph;

(e)   

in paragraph (f) for “the corresponding service offence” substitute

“an offence under section 42 of the Armed Forces Act 2006 as respects

35

which the corresponding offence under the law of England and

Wales is a traffic offence within the meaning of section 6”;

(f)   

after that paragraph add—

“(g)   

in section 6E the reference to any place were a

reference to—

40

(i)   

service living accommodation (as defined by

section 96 of the Armed Forces Act 2006); or

(ii)   

premises occupied as a residence (alone or

with other persons) by a person subject to

service law, a civilian subject to service

45

discipline, the person on whom the

requirement is to be imposed or the person to

be arrested.”

 

 

 
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