|
| |
|
(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 |
| |
| |
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 |
| |
| |
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 |
| |
| |
(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 |
| |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
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— |
| |
| |
(b) | the Service Civilian Court; |
| |
(c) | the Court Martial Appeal Court; or |
| 35 |
(d) | the Supreme Court on an appeal brought from the 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 |
|
| |
|
| |
|
substitute “a civilian subject to service discipline within the meaning of the |
| |
| |
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 |
| |
| |
| |
77 | In section 67 of that Act (codes of practice: supplementary), for subsection |
| |
| 10 |
“(12) | In subsection (11) “criminal proceedings” includes service |
| |
| |
(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. |
| |
| |
(a) | omit the definition of “court-martial”; |
| |
(b) | in the definition of “proceedings”, for paragraphs (a) to (c) substitute |
| |
| 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 |
| |
| |
(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.” |
| |
|
| |
|
| |
|
| |
81 (1) | Section 113 of that Act (application of Act to armed forces) is amended as |
| |
| |
(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 |
| |
| |
(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 |
| |
(4) | In subsection (3) for the words from “concerned with” to the end substitute |
| |
| |
(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 |
| |
“service offence” has the meaning given by section 50 of the |
| |
| |
“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 |
| |
| |
| 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.” |
| |
|
| |
|
| |
|
(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 |
| |
| 10 |
| |
(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 |
|
| |
|
| |
|
(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).” |
| |
| 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 |
| |
| |
Coroners Act 1988 (c. 13) |
| |
86 | In section 8 of the Coroners Act 1988 (duty to hold inquest) after subsection |
| 15 |
| |
“(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
91 (1) | Schedule 13 to that Act (evidence before service courts) is amended as |
| 35 |
| |
(2) | In the title for “courts-martial etc” substitute “service courts”. |
| |
| |
(a) | in the definition of “procedural instruments”, for paragraphs (a) to |
| |
|
| |
|
| |
|
| |
“(a) | Court Martial rules within the meaning of the Armed |
| |
| |
(b) | SCC rules within the meaning of that Act; and |
| |
(c) | rules under section 49 of the Court Martial Appeals |
| 5 |
| |
(b) | in the definition of “Service courts”, for paragraphs (a) to (d) |
| |
| |
| |
(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. |
| |
| |
(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 |
| |
(c) | in paragraph (b) for “naval, military or air force authority” substitute |
| |
| |
| |
(i) | for “persons subject to service discipline” substitute “persons |
| 30 |
subject to service law or civilians subject to service |
| |
| |
(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 |
| |
| 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 |
| |
| |
|
| |
|