|
| |
|
Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (S.I. 1997/1183 (N.I. |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
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 |
| |
|
| |
|
| |
|
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 |
| |
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) |
| |
| |
“(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 |
| |
| |
135 | In section 63(1) of that Act (interpretation of Part 2), in the definition of |
| |
“service court”, for paragraphs (a) to (c) substitute— |
| |
| 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 |
| |
| |
(b) | for paragraph (b) substitute— |
| |
“(b) | proceedings on appeal are to be taken to be |
| |
| 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 |
| |
| |
(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 |
|
| |
|
| |
|
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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
140 | In section 99 of that Act (conversion of sentence of detention to sentence of |
| 15 |
| |
(a) | in subsection (5) after paragraph (a) insert— |
| |
“(aa) | a sentence of detention under section 208 or 217 of the |
| |
| |
(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 |
| |
| |
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 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
142 | For section 114 of that Act substitute— |
| |
“114 | Offences under service law |
| |
| |
(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 |
| |
(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) |
| |
| 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 |
| |
| 35 |
147 (1) | Section 33 of that Act (rules for grant of authorisations of surveillance etc) is |
| |
| |
(2) | In subsection (6)(d)— |
| |
(a) | for “Royal Navy Regulating Branch,” substitute “Royal Navy |
| |
| 40 |
(b) | for “person subject to service discipline” substitute “person subject to |
| |
service law or a civilian subject to service discipline”. |
| |
|
| |
|
| |
|
(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 |
| |
| |
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. |
| |
| 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 |
| |
| 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— |
| |
| |
“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 |
| |
| |
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”. |
| |
|
| |
|
| |
|
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 |
| |
(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 |
| |
| |
156 (1) | Section 30 of that Act (disqualification from working with children: |
| 30 |
supplemental) is amended as follows. |
| |
| |
(a) | in the definition of “guardianship order”, omit the words from “the |
| |
| |
(b) | in the definition of “qualifying sentence”— |
| 35 |
(i) | in paragraph (d) after “2000” insert “or section 208 of the |
| |
| |
(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”. |
| |
|
| |
|
| |
|
| |
(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 |
| |
| |
(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)) |
| |
| |
(a) | in subsection (1), the definition of “armed forces offence”; |
| |
| |
160 | In section 62(5) of that Act (meaning of “sentence of imprisonment” for |
| 15 |
| |
(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 |
| |
| |
(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 |
| |
| |
| 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 |
| |
| 40 |
| |
|
| |
|