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
289

International Criminal Court Act 2001 (c. 17)
164
In section 32(6) of the International Criminal Court Act 2001 (meaning of
“prisoner” in that section) for “detention” substitute “service detention
(within the meaning of the Armed Forces Act 2006)”.
165
In section 67(3) of that Act (definition of person subject to UK service
5
jurisdiction), for paragraphs (a) to (c) substitute “a person subject to service
law, or a civilian subject to service discipline, within the meaning of the
Armed Forces Act 2006.”
166
In section 75 of that Act (meaning of “national court” and “service court” in
that Act) for the definition of “service court” substitute—
10
““service court” means—
(a)
the Court Martial;
(b)
the Service Civilian Court;
(c)
the Court Martial Appeal Court; or
(d)
the Supreme Court on an appeal brought from the
15
Court Martial Appeal Court.”
167
In Part 1 of Schedule 2 to that Act (delivery up of persons subject to criminal
proceedings etc), in paragraph 5(5)(b) (meaning of “prisoner” in paragraph
5) for “detention” substitute “service detention (within the meaning of the
Armed Forces Act 2006)”.
20
Armed Forces Act 2001 (c. 19)
168   (1)
Section 26 of the Armed Forces Act 2001 (power to make provision for orders
as to costs) is amended as follows.
      (2)
In subsection (1) for the words from “courts-martial” to “services Acts”
substitute “any of the Court Martial, the Summary Appeal Court, the Service
25
Civilian Court and the Court Martial Appeal Court, in any case where the
court is satisfied that one party to proceedings before that court”.
      (3)
In subsection (2)(d) for “a Standing Civilian Court” substitute “the Service
Civilian Court”.
      (4)
In subsection (3)—
30
(a)
in paragraph (a) for the words from “a court-martial” to the end
substitute “the Court Martial under the regulations may appeal to
the Court Martial Appeal Court;”;
(b)
in paragraph (b) for “a summary appeal court or a Standing Civilian
Court” substitute “the Summary Appeal Court or the Service
35
Civilian Court”.
      (5)
Omit subsection (4).
169   (1)
Section 27 of that Act (costs against legal representatives) is amended as
follows.
      (2)
In subsection (1) for the words from the beginning to “may disallow”
40
substitute “In any proceedings before—
(a)
the Court Martial,
(b)
the Summary Appeal Court,
(c)
the Service Civilian Court, or

Armed Forces Bill
Schedule 16 — Minor and consequential amendments
290

(d)
the Court Martial Appeal Court,

the court may disallow”.
      (3)
In subsection (2)—
(a)
in paragraph (a) for the words from “a court-martial” to the end
substitute “the Court Martial under subsection (1) may appeal to the
5
Court Martial Appeal Court;”;
(b)
in paragraph (b) for “a summary appeal court or a Standing Civilian
Court” substitute “the Summary Appeal Court or the Service
Civilian Court”.
      (4)
In subsection (3), in the definition of “legal or other representative” for
10
paragraph (b) substitute—
“(b)
a person appointed under section 359 of the Armed Forces
Act 2006 (prosecuting officers);”.
170   (1)
Section 28 of that Act (provisions supplementary to sections 26 and 27) is
amended as follows.
15
      (2)
In subsection (1)—
(a)
for “prosecuting authority of its” substitute “Director of Service
Prosecutions (“the Director”) of his”;
(b)
for “under the services Acts” substitute “before a court mentioned in
section 27(1)”;
20
(c)
for “prosecuting authority” in the second place where it occurs
substitute “Director”.
      (3)
In subsection (2) for “prosecuting authority” in both places substitute
“Director”.
      (4)
Omit subsections (3) to (5).
25
171   (1)
Section 30 of that Act (conditional release from custody) is amended as
follows.
      (2)
In subsection (1) for “a court-martial, a summary appeal court or a Standing
Civilian Court” substitute “the Court Martial, the Summary Appeal Court or
the Service Civilian Court”.
30
      (3)
In subsection (2)—
(a)
in paragraph (a) for the words from “a court-martial” to the end
substitute “the Court Martial, the determination of an appeal to the
Court Martial Appeal Court,”;
(b)
in paragraph (b) for the words from “a summary appeal court” to
35
“1957 Act” substitute “the Summary Appeal Court, the
determination of an appeal to the High Court under section 148(2) of
the Armed Forces Act 2006“;
(c)
in paragraph (c) for the words from “a Standing Civilian Court” to
the end substitute “the Service Civilian Court, the determination of
40
an appeal to the Court Martial or of an appeal from the Court Martial
to the Court Martial Appeal Court.”
      (4)
In subsection (4)—

Armed Forces Bill
Schedule 16 — Minor and consequential amendments
291

(a)
for paragraph (d) substitute—
“(d)
create service offences punishable by any of the
punishments mentioned in the Table in section 163 of
the Armed Forces Act 2006,”;
(b)
in paragraph (e) for the words from “1955 Acts” to “Armed Forces
5
Act 1976 (c. 52)” substitute “Court Martial Appeals Act 1968 or the
Armed Forces Act 2006”.
      (5)
For subsections (5) and (6) substitute—
“(5A)
Where an order under this section creates an offence punishable with
imprisonment, the maximum term it may authorise is two years.”
10
Anti-terrorism, Crime and Security Act 2001 (c. 24)
172
In Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (forfeiture
of terrorist cash), in paragraph 16(3)(a) (case where compensation order
made), after “2000 (c. 6),” insert “or in pursuance of a service compensation
order under the Armed Forces Act 2006,”.
15
Proceeds of Crime Act 2002 (c. 29)
173
In section 308(4)(a) of the Proceeds of Crime Act 2002 (general exceptions),
after “2000 (c. 6)” insert “or in pursuance of a service compensation order
under the Armed Forces Act 2006”.
Railways and Transport Safety Act 2003 (c. 20)
20
174
In section 90(1) of the Railways and Transport Safety Act 2003 (Crown
application etc), for the words from “Her Majesty’s” to “Army Act 1955 (c.
18),” substitute “any of Her Majesty’s forces (within the meaning of the
Armed Forces Act 2006)”.
175
In section 101(1) of that Act (military application), for the words from “Her
25
Majesty’s” to “Army Act 1955 (c. 18)” substitute “any of Her Majesty’s forces
(within the meaning of the Armed Forces Act 2006)”.
Extradition Act 2003 (c. 41)
176
In section 3 of the Extradition Act 2003 (arrest under certified Part 1
warrant)—
30
(a)
for subsections (3) and (4) substitute—
“(3)
The warrant may be executed by a service policeman
anywhere, but only if the person is subject to service law or is
a civilian subject to service discipline.”;
(b)
omit subsection (6).
35
177
In section 5 of that Act (provisional arrest), for subsections (3) to (5)
substitute—
“(3)
A service policeman may arrest a person under subsection (1) only if
the person is subject to service law or is a civilian subject to service
discipline.
40
(4)
If a service policeman has power to arrest a person under subsection
(1) he may exercise the power anywhere.”

Armed Forces Bill
Schedule 16 — Minor and consequential amendments
292

178
In section 71 of that Act (arrest warrant following extradition request)—
(a)
for subsection (6) substitute—
“(6)
If a warrant issued under this section—
(a)
is directed to a service policeman, and
(b)
is in respect of a person subject to service law or a
5
civilian subject to service discipline,

it may be executed anywhere.”;
(b)
omit subsection (8).
179
In section 73 of that Act (provisional warrant)—
(a)
for subsection (7) substitute—
10
“(7)
If a warrant issued under this section—
(a)
is directed to a service policeman, and
(b)
is in respect of a person subject to service law or a
civilian subject to service discipline,

it may be executed anywhere.”;
15
(b)
omit subsection (9).
180
In section 155 of that Act (service personnel) for the words from “military
law” to the end substitute “service law.”
181
In section 216 of that Act (interpretative provisions)—
(a)
after subsection (7) insert—
20
“(7A)
“Civilian subject to service discipline” has the same meaning
as in the Armed Forces Act 2006.”
(b)
for subsections (13) and (14) substitute—
“(13)
“Service policeman” means anyone who is, or by reason of
section 368(5) of the Armed Forces Act 2006 is to be treated as,
25
a service policeman for the purposes of that Act.
(13A)
“Subject to service law” has the same meaning as in that Act.”
Sexual Offences Act 2003 (c. 42)
182
In section 81(3)(b) of the Sexual Offences Act 2003 (persons formerly subject
to Part 1 of Sex Offenders Act 1997), omit “or a term of service detention”.
30
183
In section 116 of that Act (qualifying offenders for purposes of section 114)—
(a)
in subsection (2)(c), after “93” insert “or 93A”;
(b)
after subsection (2) insert—
“(2A)
In subsection (2)(c) references to the corresponding civil
offence are to be read, in relation to an offence within
35
paragraph 93A of Schedule 3, as references to the
corresponding offence under the law of England and Wales.”
184   (1)
Section 131 of that Act (young offenders: application) is amended as follows.
      (2)
In paragraph (a) after “detention and training order” insert “(including an
order under section 210 of the Armed Forces Act 2006)”.
40
      (3)
In paragraph (h) after “2000 (c. 6),” insert “section 208 or 217 of the Armed
Forces Act 2006,”.

Armed Forces Bill
Schedule 16 — Minor and consequential amendments
293

      (4)
In paragraph (k) after “2003” insert “(including one passed as a result of
section 220 of the Armed Forces Act 2006)”.
      (5)
In paragraph (l) for “that Act” substitute “the Criminal Justice Act 2003
(including one passed as a result of section 221 of the Armed Forces Act
2006)”.
5
185   (1)
Section 133 (Part 2: general interpretation) is amended as follows.
      (2)
In subsection (1)—
(a)
for the definition of “order for conditional discharge” substitute—
““order for conditional discharge” means an order
under any of the following provisions discharging the
10
offender conditionally—
(a)
section 12 of the Powers of Criminal Courts
(Sentencing) Act 2000;
(b)
Article 4 of the Criminal Justice (Northern
Ireland) Order 1996;
15
(c)
section 184 of the Armed Forces Act 2006;
(d)
paragraph 3 of Schedule 5A to the Army Act
1955 or Air Force Act 1955 or Schedule 4A to
the Naval Discipline Act 1957;”;
(b)
in the definition of “the period of conditional discharge” for
20
paragraphs (c) to (e) substitute—
“(c)
section 184(2) of the Armed Forces Act 2006;”;
(c)
after the definition of “risk of sexual harm order” insert—
““service detention” has the meaning given by section
367 of the Armed Forces Act 2006;”;
25
(d)
omit the definition of “term of service detention”.
      (3)
In subsection (1A) after paragraph (b) insert—
“(ba)
Schedule 4 to the Armed Forces Act 2006 (including as
applied by section 16(2) of the Court Martial Appeals Act
1968),”.
30
186
In section 134(1) of that Act (conditional discharges and probation orders),
after paragraph (c) insert—
“(ca)
section 186(1) of the Armed Forces Act 2006 (conviction with
absolute or conditional discharge deemed not to be a
conviction);”.
35
187   (1)
Section 137 of that Act (service courts) is amended as follows.
      (2)
In subsection (1)(d), for the words from “the offence under section 70” to the
end substitute “an offence under section 42 of the Armed Forces Act 2006 as
respects which the corresponding offence under the law of England and
Wales (within the meaning given by that section) is that offence.”
40
      (3)
In subsection (4) for “a court-martial or Standing Civilian Court” substitute
“the Court Martial or the Service Civilian Court”.
      (4)
After that subsection add—
“(5)
In subsection (1)(a) the reference to a service court includes a
reference to the following—
45
(a)
the Court Martial Appeal Court;

Armed Forces Bill
Schedule 16 — Minor and consequential amendments
294

(b)
the Supreme Court on an appeal brought from the Court
Martial Appeal Court;
(c)
a court-martial;
(d)
a Standing Civilian Court.”
188   (1)
Schedule 3 to that Act (sexual offences for purposes of Part 2) is amended as
5
follows.
      (2)
In paragraph 93—
(a)
in sub-paragraph (2) omit “service”;
(b)
after that sub-paragraph add—
    “(3)
In sub-paragraph (2), the reference to detention is to
10
detention awarded under section 71(1)(e) of the Army Act
1955 or Air Force Act 1955 or section 43(1)(e) of the Naval
Discipline Act 1957.”
      (3)
After that paragraph insert—
“93A  (1)
An offence under section 42 of the Armed Forces Act 2006 as
15
respects which the corresponding offence under the law of
England and Wales (within the meaning given by that section) is
an offence listed in any of paragraphs 1 to 35.
      (2)
A reference in any of those paragraphs to being made the subject
of a community sentence of at least 12 months is to be read, in
20
relation to an offence under that section, as a reference to—
(a)
being made the subject of a service community order or
overseas community order under the Armed Forces Act
2006 of at least 12 months; or
(b)
being sentenced to a term of service detention of at least
25
112 days.
      (3)
Section 48 of that Act (attempts, conspiracy, incitement and aiding
and abetting outside England and Wales) applies for the purposes
of this paragraph as if the reference in subsection (3)(b) to any of
the following provisions of that Act were a reference to this
30
paragraph.”
189
In Schedule 5 to that Act (other offences for purposes of Part 2), after
paragraph 172 insert—
“172A (1)
An offence under section 42 of the Armed Forces Act 2006 as
respects which the corresponding offence under the law of
35
England and Wales (within the meaning given by that section) is
an offence listed in any of paragraphs 1 to 63A.
      (2)
Section 48 of that Act (attempts, conspiracy, incitement and aiding
and abetting outside England and Wales) applies for the purposes
of this paragraph as if the reference in subsection (3)(b) to any of
40
the following provisions of that Act were a reference to this
paragraph.”
Criminal Justice Act 2003 (c. 44)
190   (1)
Section 94 of the Criminal Justice Act 2003 (extension of section 31 of the
Armed Forces Act 2001) is amended as follows.
45

Armed Forces Bill
Schedule 16 — Minor and consequential amendments
295

      (2)
For subsection (1) substitute—
“(1)
Section 321 of the Armed Forces Act 2006 (provision in consequence
of criminal justice enactments) applies in relation to an enactment
contained in this Part so far as relating to matters not specified in
subsection (2) of section 322 of that Act as it applies in relation to a
5
criminal justice enactment (within the meaning given by that
section).”
      (3)
In subsection (2) for “that section” substitute “section 321 of that Act”.
      (4)
For subsection (3) substitute—
“(3)
In subsection (2) “service offence” has the same meaning as in the
10
Armed Forces Act 2006.”
191
In section 112(1) of that Act (interpretation of Chapter 1 of Part 11 (evidence
of bad character)), for the definition of “service offence” substitute—
““service offence” has the same meaning as in the Armed Forces
Act 2006;”.
15
192
In section 143(4) of that Act (meaning of “previous conviction”), for
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
20
treated as a conviction).”
193   (1)
Section 151 of that Act (community order for persistent offender previously
fined) is amended as follows.
      (2)
In subsection (4) for the words from “the finding of guilt” to the end
substitute “conviction in service disciplinary proceedings”.
25
      (3)
In subsection (5) after “compensation order” insert “, or a service
compensation order awarded in service disciplinary proceedings,”.
      (4)
After subsection (7) add—
“(8)
In this section—
(a)
“service disciplinary proceedings” means proceedings
30
(whether or not before a court) in respect of a service offence
within the meaning of the Armed Forces Act 2006; and
(b)
any reference to conviction or sentence, in the context of
service disciplinary proceedings, includes anything that
under section 369(1) to (3) of that Act is to be treated as a
35
conviction or sentence.”
194
For section 233 of that Act substitute—
“233
Offences under service law
(1)
Where—
(a)
a person has at any time been convicted of an offence under
40
section 42 of the Armed Forces Act 2006 (criminal conduct),
and
(b)
the corresponding offence under the law of England and
Wales, within the meaning given by that section, was a
relevant offence,
45