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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

288

 

      (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).

 

 

 
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