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
282

Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (S.I. 1997/1183 (N.I.
12))
127
In Part 1 of Schedule 1 to the Social Security (Recovery of Benefits) (Northern
Ireland) Order 1997 (compensation payments), in paragraph 2 after “1994”
insert “or section 174 of the Armed Forces Act 2006”.
5
Landmines Act 1998 (c. 33)
128
In section 5(7) of the Landmines Act 1998 (international military operations),
in the definition of “Her Majesty’s armed forces” for “Army Act 1955”
substitute “Armed Forces Act 2006”.
Crime and Disorder Act 1998 (c. 37)
10
129
In section 38(4)(h) of the Crime and Disorder Act 1998 (youth justice
services), after “detention and training order” insert “(including an order
under section 210 of the Armed Forces Act 2006)”.
130
In section 41(5) of that Act (functions of Youth Justice Board)—
(a)
in paragraph (i), for sub-paragraphs (i) and (ii) substitute—
15
“(i)
secure accommodation, within the meaning
given by section 107 of the Powers of Criminal
Courts (Sentencing) Act 2000, for the purpose
of detaining persons subject to orders under
section 100, 104(3)(a) or 105(2) of that Act or
20
section 210 or 213 of the Armed Forces Act
2006;
(ii)
accommodation which is or may be used for
the purpose of detaining persons sentenced
under section 90 or 91 of the Powers of
25
Criminal Courts (Sentencing) Act 2000 or
section 208 or 217 of the Armed Forces Act
2006;”;
(b)
in paragraph (j), for sub-paragraphs (i) and (ii) substitute—
“(i)
secure accommodation, within the meaning
30
given by section 107 of the Powers of Criminal
Courts (Sentencing) Act 2000, to be used for
detaining a person in accordance with a
determination under section 102(1), 104(3)(a)
or 105(2) of that Act or section 213(3) of the
35
Armed Forces Act 2006; or
(ii)
accommodation to be used for detaining a
person in accordance with a direction by the
Secretary of State under section 92 of the
Powers of Criminal Courts (Sentencing) Act
40
2000 or a determination by the Secretary of
State under section 209 or 217(3) of the Armed
Forces Act 2006;”.
131
In Schedule 3 to that Act (procedure where persons sent for trial under
section 51), in paragraph 9(5) (definition of “previous conviction”) for
45
paragraph (b) substitute—
“(b)
a previous conviction of a service offence within the meaning
of the Armed Forces Act 2006 (“conviction” here including

Armed Forces Bill
Schedule 16 — Minor and consequential amendments
283

anything that under section 369(1) and (2) of that Act is to be
treated as a conviction).”
Human Rights Act 1998 (c. 42)
132
In section 4(5)(c) of the Human Rights Act 1998 (declaration of
incompatibility), for “Courts-Martial Appeal Court” substitute “Court
5
Martial Appeal Court”.
133
In section 5(5) of that Act (right of Crown to intervene), for “Courts-Martial
Appeal Court” substitute “Court Martial Appeal Court”.
Youth Justice and Criminal Evidence Act 1999 (c. 23)
134
In section 44(13)(c) of the Youth Justice and Criminal Evidence Act 1999
10
(reporting restrictions on alleged offences involving persons under 18:
meaning of “person subject to service law”), for sub-paragraphs (i) and (ii)
substitute—
“(i)
a person subject to service law within the meaning of
the Armed Forces Act 2006; or
15
(ii)
a civilian subject to service discipline within the
meaning of that Act.”
135
In section 63(1) of that Act (interpretation of Part 2), in the definition of
“service court”, for paragraphs (a) to (c) substitute—
“(a)
the Court Martial;
20
(b)
the Service Civilian Court; or
(c)
the Court Martial Appeal Court.”
136
In section 68 of that Act (extent etc), omit subsection (10).
137
In Schedule 7 to that Act (transitional provision), in paragraph 6(6)—
(a)
in paragraph (a) for the words from “the prosecuting authority” to
25
the end substitute “the charge is brought under section 121 of the
Armed Forces Act 2006;”.
(b)
for paragraph (b) substitute—
“(b)
proceedings on appeal are to be taken to be
instituted—
30
(i)
in the case of an appeal under the Court
Martial Appeals Act 1968, when the
application for leave to appeal is lodged in
accordance with section 9 of that Act;
(ii)
in the case of an appeal under section 284 of
35
the Armed Forces Act 2006 (except one for
which leave is required), when the notice of
appeal is given;
(iii)
in the case of an appeal under that section for
which leave is required, when the application
40
for leave to appeal is lodged;
(iv)
in the case of a reference under section 34 of
the Court Martial Appeals Act 1968 or section
12A or 12B of the Criminal Appeal Act 1995,
when the reference is made.”
45

Armed Forces Bill
Schedule 16 — Minor and consequential amendments
284

Welfare Reform and Pensions Act 1999 (c. 30)
138
In section 44(1)(a) of the Welfare Reform and Pensions Act 1999
(disapplication of restrictions on alienation), for the words from “section
203(1) and (2) of the Army Act 1955” to “1957” substitute “section 352 of the
Armed Forces Act 2006”.
5
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
139   (1)
Section 82A of the Powers of Criminal Courts (Sentencing) Act 2000
(determination of tariffs for discretionary life sentences) is amended as
follows.
      (2)
In subsection (3)(b) for the words from “below” to “custody)” substitute
10
“(crediting periods of remand in custody) or under section 245 of the Armed
Forces Act 2006 (equivalent provision for service courts)”.
      (3)
In each of subsections (7) and (8) for “a court-martial” substitute “the Court
Martial”.
140
In section 99 of that Act (conversion of sentence of detention to sentence of
15
imprisonment)—
(a)
in subsection (5) after paragraph (a) insert—
“(aa)
a sentence of detention under section 208 or 217 of the
Armed Forces Act 2006,”;
(b)
after that subsection add—
20
“(6)
References in this section to a sentence under section 226 or
228 of the Criminal Justice Act 2003 include such a sentence
passed as a result of section 220 or 221 of the Armed Forces
Act 2006.”
141   (1)
Section 106A of that Act (which relates to the interaction of detention and
25
training orders with sentences of detention, and is modified by section 212
of this Act) is amended as follows.
      (2)
In subsection (1) (definitions)—
(a)
in paragraph (a) of the definition of “sentence of detention”, after
“above” insert “or section 208 of the Armed Forces Act 2006”; and
30
(b)
after that definition insert “and references in this section to a
sentence of detention under section 228 of the 2003 Act include such
a sentence passed as a result of section 221 of the Armed Forces Act
2006.”
      (3)
In subsection (8) (provisions for the purposes of which a person subject to a
35
sentence of detention and a detention and training order is to be treated as
subject only to the sentence of detention)—
(a)
in paragraph (b), for “and section 235” to the end substitute “, section
235 of the 2003 Act and section 209 of the Armed Forces Act 2006
(place of detention etc),”;
40
(b)
at the end of paragraph (c) add “, and
(d)
section 213 of the Armed Forces Act 2006 (offences
committed during a detention and training order
under that Act).”

Armed Forces Bill
Schedule 16 — Minor and consequential amendments
285

142
For section 114 of that Act substitute—
“114
Offences under service law
(1)
Where—
(a)
a person has at any time been convicted of an offence under
section 42 of the Armed Forces Act 2006, and
5
(b)
the corresponding offence under the law of England and
Wales (within the meaning given by that section) was a class
A drug trafficking offence or a domestic burglary,

the relevant section of this Chapter shall have effect as if he had at
that time been convicted in England and Wales of that corresponding
10
offence.
(2)
Subsection (3) of section 113 applies for the purposes of this section
as it applies for the purposes of that section.
(3)
Section 48 of the Armed Forces Act 2006 (attempts, conspiracy,
incitement and aiding and abetting outside England and Wales)
15
applies for the purposes of this section as if the reference in
subsection (3)(b) of that section to any of the following provisions of
that Act were a reference to this section.”
143   (1)
Section 134 of that Act (effect of compensation order on subsequent award
of damages in civil proceedings) is amended as follows.
20
      (2)
In subsections (1) and (2) omit “or award”.
      (3)
For subsection (3) substitute—
“(3)
In this section “service compensation order” means a service
compensation order under the Armed Forces Act 2006.”
144
In section 163 of that Act (general definitions), in the definition of “court”, for
25
“a court-martial” substitute “the Court Martial”.
Regulation of Investigatory Powers Act 2000 (c. 23)
145
In section 18(11) of the Regulation of Investigatory Powers Act 2000
(exceptions to section 17: meaning of “relevant judge”), for paragraph (c)
substitute—
30
“(c)
in relation to proceedings before the Court Martial, the judge
advocate for those proceedings; or”.
146
In section 32(6)(g) of that Act (senior authorising officers for intrusive
surveillance), for “Royal Navy Regulating Branch” substitute “Royal Navy
Police”.
35
147   (1)
Section 33 of that Act (rules for grant of authorisations of surveillance etc) is
amended as follows.
      (2)
In subsection (6)(d)—
(a)
for “Royal Navy Regulating Branch,” substitute “Royal Navy
Police”;
40
(b)
for “person subject to service discipline” substitute “person subject to
service law or a civilian subject to service discipline”.

Armed Forces Bill
Schedule 16 — Minor and consequential amendments
286

      (3)
For subsection (7) substitute—
“(7)
In subsection (6) “subject to service law” and “civilian subject to
service discipline” have the same meanings as in the Armed Forces
Act 2006.”
148
In section 34(4)(g) of that Act (persons entitled to grant authorisation in the
5
senior officer’s absence)—
(a)
for “Royal Navy Regulating Branch” substitute “Royal Navy Police”;
(b)
for “that Branch” substitute “that force”.
149
In section 41(7) of that Act (Secretary of State authorisations), for “Royal
Navy Regulating Branch” substitute “Royal Navy Police”.
10
150
In section 56(1) of that Act (interpretation of Part 3 (investigation of certain
electronic data)), in the definition of “chief officer of police”, in paragraph (f)
for “Royal Navy Regulating Branch” substitute “Royal Navy Police”.
151   (1)
Section 81 of that Act (general interpretation) is amended as follows.
      (2)
In subsection (1)—
15
(a)
in the definition of “Her Majesty’s forces”, for “Army Act 1955”
substitute “Armed Forces Act 2006”;
(b)
in the definition of “legal proceedings” after “tribunal” insert “or
proceedings before an officer in respect of a service offence within
the meaning of the Armed Forces Act 2006”;
20
(c)
in the definition of “police force”, in paragraph (g) for “Royal Navy
Regulating Branch” substitute “Royal Navy Police”.
      (3)
In subsection (4), for paragraphs (a) to (c) substitute “proceedings before a
court in respect of a service offence within the meaning of the Armed Forces
Act 2006,”.
25
      (4)
In subsection (6)(b)—
(a)
for “Royal Navy Regulating Branch” substitute “Royal Navy Police”;
(b)
for the words from “that Branch” to the end substitute “that force
who is not for the time being attached to or serving either with that
force or with another of those police forces”.
30
Freedom of Information Act 2000 (c. 36)
152
In section 30 of the Freedom of Information Act 2000 (investigations and
proceedings conducted by public authorities), for subsection (5) substitute—
“(5)
In this section—
“criminal proceedings” includes service law proceedings (as
35
defined by section 322(5) of the Armed Forces Act 2006);
“offence” includes a service offence (as defined by section 50 of
that Act).”
Criminal Justice and Court Services Act 2000 (c. 43)
153
In section 1 of the Criminal Justice and Court Services Act 2000 (purposes of
40
Chapter 1 of Part 1 (national probation service)), in subsection (2)(a) after
“2003)” insert “and service community orders and overseas community
orders under the Armed Forces Act 2006”.

Armed Forces Bill
Schedule 16 — Minor and consequential amendments
287

154
After section 5 of that Act insert—
“5A
Local probation boards and service justice
(1)
A local probation board may, in pursuance of arrangements made
with the Secretary of State, carry out activities anywhere in the world
in relation to persons who are or have been subject to proceedings
5
before service courts.
(2)
Any activities carried out in relation to such persons must
correspond to activities which the board is required or authorised to
carry out in relation to persons who have been charged with or
convicted of criminal offences.
10
(3)
In this section “service court” means—
(a)
a court-martial constituted under the Army Act 1955
(3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19)
or the Naval Discipline Act 1957 (c. 53);
(b)
a summary appeal court constituted under section 83ZA of
15
the Army Act 1955, section 83ZA of the Air Force Act 1955 or
section 52FF of the Naval Discipline Act 1957; or
(c)
a Standing Civilian Court.”
155   (1)
Section 27 of that Act (armed forces offences equivalent to “an offence
against a child”) is amended as follows.
20
      (2)
In subsection (2) for “an armed forces offence” substitute “an offence under
section 42 of the Armed Forces Act 2006”.
      (3)
For subsections (3) to (5) substitute—
“(3)
Section 48 of the Armed Forces Act 2006 (attempts, conspiracy,
incitement and aiding and abetting outside England and Wales)
25
applies for the purposes of subsection (2) of this section 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 (2) of this
section.”
156   (1)
Section 30 of that Act (disqualification from working with children:
30
supplemental) is amended as follows.
      (2)
In subsection (1)—
(a)
in the definition of “guardianship order”, omit the words from “the
Army” to “1957 or”;
(b)
in the definition of “qualifying sentence”—
35
(i)
in paragraph (d) after “2000” insert “or section 208 of the
Armed Forces Act 2006”;
(ii)
in paragraph (e) after “or more” insert “under section 100 of
the Powers of Criminal Courts (Sentencing) Act 2000 or
section 210 of the Armed Forces Act 2006”;
40
(iii)
omit paragraph (f);
(c)
in the definition of “relevant order”, for “a court-martial or the
Courts-Martial Appeal Court” substitute “the Court Martial or the
Court Martial Appeal Court”;
(d)
in the definition of “superior court”, for “a court-martial or the
45
Courts-Martial Appeal Court” substitute “the Court Martial or the
Court Martial Appeal Court”.

Armed Forces Bill
Schedule 16 — Minor and consequential amendments
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      (3)
Omit subsection (2).
      (4)
In subsection (3), omit “, or to a sentence of detention imposed by a court-
martial or the Courts-Martial Appeal Court,”.
157
In section 31(2) of that Act (appeals) for “a court-martial”, in both places,
substitute “the Court Martial”.
5
158
In section 33 of that Act (provisions relating to application for review of
disqualification)—
(a)
in subsection (7), in the definition of “order for admission to
hospital”, omit paragraph (a);
(b)
in subsection (8)(a), for “(f)” substitute “(e)”.
10
159
In section 42 of that Act (interpretation of Part 2 (protection of children))
omit—
(a)
in subsection (1), the definition of “armed forces offence”;
(b)
subsection (2).
160
In section 62(5) of that Act (meaning of “sentence of imprisonment” for
15
purposes of section 62)—
(a)
in paragraph (f) at the end insert “(including one passed as a result
of section 220 or 221 of the Armed Forces Act 2006)”;
(b)
after that paragraph insert—
“(g)
a sentence of detention under section 208 or 217 of the
20
Armed Forces Act 2006, and
(h)
an order under section 210 of that Act,”.
161
In section 64(5) of that Act (meaning of “sentence of imprisonment” for
purposes of section 64)—
(a)
in paragraph (f) at the end insert “(including one passed as a result
25
of section 220 or 221 of the Armed Forces Act 2006)”;
(b)
after that paragraph insert—
“(g)
a sentence of detention under section 208 or 217 of the
Armed Forces Act 2006, and
(h)
an order under section 210 of that Act,”.
30
162
In section 81(2) of that Act (extent)—
(a)
in paragraph (a) for “courts-martial or the Courts-Martial Appeal
Court” substitute “the Court Martial or the Court Martial Appeal
Court”;
(b)
omit paragraph (h).
35
Criminal Justice and Police Act 2001 (c. 16)
163
In section 88(8) of the Criminal Justice and Police Act 2001 (functions of
Central Police Training and Development Authority)—
(a)
in paragraph (g) for “Royal Navy Regulating Branch” substitute
“Royal Navy Police”;
40
(b)
omit paragraph (j).