Armed Forces Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

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

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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.”

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      (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
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     (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

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(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.”