Armed Forces Bill

House of Commons

Session 2005 - 06
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Armed Forces Bill

Armed Forces Bill
Schedule 16 — Minor and consequential amendments
296


section 229 has effect as if he had at that time been convicted in
England and Wales of that corresponding offence.
(2)
Section 48 of the Armed Forces Act 2006 (attempts, conspiracy,
incitement and aiding and abetting outside England and Wales)
applies for the purposes of this section as if the reference in
5
subsection (3)(b) of that section to any of the following provisions of
that Act were a reference to this section.”
195
In section 237 of that Act (meaning of “fixed-term prisoner”), at the end of
the title insert “etc” and after subsection (1) insert—
“(1A)
In this Chapter—
10
(a)
references to a sentence of imprisonment include such a
sentence passed by a service court;
(b)
references to a sentence of detention under section 91 of the
Sentencing Act include a sentence of detention under section
208 of the Armed Forces Act 2006;
15
(c)
references to a sentence under section 227 of this Act include
a sentence under that section passed as a result of section 219
of the Armed Forces Act 2006; and
(d)
references to a sentence under section 228 of this Act include
a sentence under that section passed as a result of section 221
20
of that Act.
(1B)
Nothing in subsection (1A) has the effect that section 240 or 265
(provision equivalent to which is made by the Armed Forces Act
2006) applies to a service court.”
196
In section 241 of that Act (effect of direction under section 240 on release on
25
licence), after subsection (1) insert—
“(1A)
In subsection (1) the reference to a direction under section 240
includes a direction under section 245 of the Armed Forces Act 2006.”
197
In section 246 of that Act (disapplication of power to release prisoners on
licence early), after subsection (4) insert—
30
“(4A)
In subsection (4)—
(a)
the reference in paragraph (d) to a community order includes
a service community order or overseas community order
under the Armed Forces Act 2006; and
(b)
the reference in paragraph (i) to a direction under section 240
35
includes a direction under section 245 of that Act.”
198
In section 250 of that Act (licence conditions) after subsection (2) insert—
“(2A)
If the sentence (or, if more than one, each sentence) that the prisoner
is serving is one in relation to which no custody plus or intermittent
custody order is in force, subsection (2) has effect as if there were
40
omitted—
(a)
paragraph (a)(i);
(b)
the words “so far as not inconsistent with them,” in
paragraph (a)(ii); and
(c)
the words from “and which” in paragraph (b)(i).”
45

Armed Forces Bill
Schedule 16 — Minor and consequential amendments
297

199
In section 251(3) of that Act (licence conditions on re-release of prisoner
serving sentence of less than 12 months) after “relevant court order” add “(if
any)”.
200   (1)
Section 252 of that Act (duty to comply with licence conditions) is
renumbered as subsection (1) of that section.
5
      (2)
After that subsection insert—
“(2)
But where—
(a)
the licence relates to a sentence of imprisonment passed by a
service court,
(b)
no custody plus order was made in relation to the sentence,
10
or such an order was made but subsequently revoked, and
(c)
the person is residing outside the British Islands,

the conditions specified in the licence apply to him only so far as it is
practicable for him to comply with them where he is residing.”
201
In section 260 of that Act (disapplication of power to remove prisoner liable
15
to removal from UK), after subsection (3) insert—
“(3A)
In subsection (3)(e) the reference to a direction under section 240
includes a direction under section 245 of the Armed Forces Act 2006.”
202
In section 263(1)(a) of that Act (concurrent terms), omit “by any court”.
203
In section 268 of that Act (interpretation of Chapter 6 of Part 12), in the
20
definition of “fixed-term prisoner” after “237(1)” insert “(as extended by
section 237(1A))”.
204
In section 269(3)(b) of that Act (determination of minimum term in relation
to mandatory life sentence), after “custody)” insert “or under section 245 of
the Armed Forces Act 2006 (equivalent provision for service courts)”.
25
205
In section 272 of that Act (review of minimum term on a reference by the
Attorney General), omit subsections (2) and (3).
206
In section 277 of that Act (interpretation of Chapter 7 of Part 12 (effect of life
sentence)), in the definition of “court”, for “a court-martial” substitute “the
Court Martial”.
30
207
In section 305(1) of that Act (interpretation of Part 12)—
(a)
at the end of the definition of “court” insert “, but this does not apply
where a contrary intention appears from any provision of the Armed
Forces Act 2006;”; and
(b)
for the definitions of “service court” and “service disciplinary
35
proceedings” substitute—
““service court” means—
(a)
the Court Martial;
(b)
the Summary Appeal Court;
(c)
the Service Civilian Court;
40
(d)
the Court Martial Appeal Court; or
(e)
the Supreme Court on an appeal brought from
the Court Martial Appeal Court;”.
208
In section 329 of that Act (civil proceedings for trespass to the person

Armed Forces Bill
Schedule 16 — Minor and consequential amendments
298

brought by offender), for subsection (7) substitute—
“(7)
Where—
(a)
a person is convicted of an offence under section 42 of the
Armed Forces Act 2006 (criminal conduct), and
(b)
the corresponding offence under the law of England and
5
Wales (within the meaning given by that section) is an
imprisonable offence,

he is to be treated for the purposes of this section as having been
convicted in the United Kingdom of that corresponding offence; and
in paragraph (a) the reference to conviction includes anything that
10
under section 369(1) and (2) of that Act is to be treated as a
conviction.”
209   (1)
Section 337 of that Act (extent) is amended as follows.
      (2)
In subsection (12)—
(a)
in paragraph (a) for “by a court-martial” substitute “in respect of
15
service offences within the meaning of the Armed Forces Act 2006”;
(b)
in paragraph (b) for “courts-martial or the Courts-Martial Appeal
Court” substitute “the Court Martial or the Court Martial Appeal
Court”.
      (3)
After that subsection insert—
20
“(12A)
Nothing in subsection (1) affects the extent of section 94; and section
376 of the Armed Forces Act 2006 applies in relation to section 94 of
this Act as it applies in relation to that Act.”
      (4)
In subsection (13)—
(a)
in paragraph (a)—
25
(i)
omit sub-paragraphs (i) to (iii), (v), (vii) and (viii);
(ii)
in sub-paragraph (iv) for “Courts-Martial (Appeals) Act
1968” substitute “Court Martial Appeals Act 1968”, and at the
end of that sub-paragraph insert “or”;
(b)
omit paragraph (b).
30
210   (1)
Schedule 6 to that Act (modifications for armed forces of provisions about
evidence of bad character) is amended as follows.
      (2)
In paragraph 3—
(a)
in sub-paragraph (1) for “courts-martial” substitute “the Court
Martial”;
35
(b)
in sub-paragraph (2)—
(i)
in paragraph (a) for “judge and jury” substitute “a judge and
jury”;
(ii)
also in paragraph (a) for “court-martial” substitute “the Court
Martial”;
40
(iii)
in paragraph (c) for “dissolve” substitute “discharge”;
(c)
in sub-paragraph (4)—
(i)
in the paragraph substituted by paragraph (a), for the words
from “section 115B(2) of the Army” to “1957” substitute
“section 166 of the Armed Forces Act 2006”;
45
(ii)
in paragraph (c) for “dissolve” substitute “discharge”;

Armed Forces Bill
Schedule 16 — Minor and consequential amendments
299

(d)
in the subsection substituted by sub-paragraph (5), for “dissolve”
substitute “discharge”.
      (3)
In the subsection substituted by paragraph 4 of that Schedule—
(a)
in paragraph (a) for “a court-martial” substitute “the Court Martial”;
(b)
in paragraph (b) for “a Standing Civilian Court” substitute “the
5
Summary Appeal Court or the Service Civilian Court”.
      (4)
For paragraph 6 substitute—
“6
In this Schedule “service court” means—
(a)
the Court Martial;
(b)
the Summary Appeal Court;
10
(c)
the Service Civilian Court; or
(d)
the Court Martial Appeal Court.”
211   (1)
Schedule 7 to that Act (modifications for armed forces of provisions about
hearsay evidence) is amended as follows.
      (2)
In paragraph 2—
15
(a)
for sub-paragraph (2) substitute—
    “(2)
In section 116(2) for paragraph (c) substitute—
“(c)
that either of the following applies—
(i)
the court is sitting neither in the United
Kingdom nor in a British overseas territory
20
and it is not reasonably practicable to secure
the attendance of the relevant person; or
(ii)
the court is sitting in the United Kingdom or a
British overseas territory but the relevant
person is outside the United Kingdom or
25
outside that territory (as the case may be) and
it is not reasonably practicable to secure his
attendance.”
(b)
in the subsection inserted by sub-paragraph (3), for the words from
““criminal proceedings”” to the end substitute “the reference to
30
criminal proceedings includes proceedings before an officer in
respect of a service offence within the meaning of the Armed Forces
Act 2006.”;
(c)
in the paragraph substituted by sub-paragraph (4), for “a court-
martial” substitute “the Court Martial”;
35
(d)
for sub-paragraph (5) substitute—
    “(5)
In section 127—
(a)
in subsection (1)(c)—
(i)
for “the appropriate rules” substitute “rules
made under the Armed Forces Act 2006 or
40
the Court Martial Appeals Act 1968”;
(ii)
for “section 9 of the Criminal Justice Act
1967 (c. 80)” substitute “such rules”;
(b)
omit subsection (7).”;
(e)
in the subsection inserted by sub-paragraph (7), for paragraphs (a)
45
and (b) substitute “to proceedings before an officer, the Court Martial

Armed Forces Bill
Schedule 16 — Minor and consequential amendments
300

or the Service Civilian Court in respect of a service offence within the
meaning of the Armed Forces Act 2006.”
      (3)
In paragraph 3—
(a)
in sub-paragraph (1) for “courts-martial” substitute “the Court
Martial”;
5
(b)
in sub-paragraph (2)—
(i)
for “judge and jury” substitute “a judge and jury”;
(ii)
for “court-martial” substitute “the Court Martial”.
      (4)
In paragraph 4—
(a)
in sub-paragraph (1) for “courts-martial” substitute “the Court
10
Martial”;
(b)
in sub-paragraph (2)—
(i)
in paragraph (a) for “judge and jury” substitute “a judge and
jury”;
(ii)
also in paragraph (a) for “court-martial” substitute “the Court
15
Martial”;
(iii)
in paragraph (c) for “dissolve” substitute “discharge”;
(c)
in sub-paragraph (4)—
(i)
in the paragraph substituted by paragraph (a), for the words
from “section 115B(2) of the Army” to “1957” substitute
20
“section 166 of the Armed Forces Act 2006”;
(ii)
in paragraph (c) for “dissolve” substitute “discharge”;
(d)
in the subsection substituted by sub-paragraph (5), for “dissolve”
substitute “discharge”.
      (5)
Omit paragraphs 5 to 7.
25
      (6)
For paragraph 8 substitute—
“8
In this Schedule, and in any provision of this Part as applied by
this Schedule, “service court” means—
(a)
the Court Martial;
(b)
the Summary Appeal Court;
30
(c)
the Service Civilian Court; or
(d)
the Court Martial Appeal Court.”
212
In Schedule 21 to that Act (determination of minimum term in relation to
mandatory life sentence), at the end of paragraph 12 (but not as part of sub-
paragraph (c)) insert “or of section 237(1)(b) or (c) or 238 of the Armed Forces
35
Act 2006.”
Crime (International Co-operation) Act 2003 (c. 47)
213
In section 47(9) of the Crime (International Co-operation) Act 2003 (transfer
of UK prisoner to assist investigation abroad) for “(3A)” substitute “(4)”.
Domestic Violence, Crime and Victims Act 2004 (c.28)
40
214   (1)
Section 8 of the Domestic Violence, Crime and Victims Act 2004 (evidence
and procedure: courts-martial) is amended as follows.
      (2)
In the sidenote for “courts-martial” substitute “the Court Martial”.

Armed Forces Bill
Schedule 16 — Minor and consequential amendments
301

      (3)
In subsection (1) for “courts-martial” substitute “the Court Martial”.
      (4)
For subsection (2) substitute—
“(2)
A reference to an offence—
(a)
of murder,
(b)
of manslaughter, or
5
(c)
under section 5,

is to be read as a reference to 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.”
10
215
In section 45(1) of that Act (interpretation of sections 35 to 44), in the
definition of “court”, for “a court-martial or the Courts-Martial Appeal
Court” substitute “the Court Martial or the Court Martial Appeal Court”.
216
For section 62(4) of that Act (extent) substitute—
“(4)
Nothing in subsection (1) affects the extent of section 8 or of any
15
provision of section 6 as applied by section 8.”
Human Tissue Act 2004 (c. 30)
217
In section 39(6)(c) of the Human Tissue Act 2004 (criminal justice purposes),
for the words from “offences” to the end substitute “service offences within
the meaning of the Armed Forces Act 2006.”
20
218
In Part 2 of Schedule 4 to that Act (use for an excepted purpose), in
paragraph 5(4)(c) for the words from “offences” to the end substitute
“service offences within the meaning of the Armed Forces Act 2006.”
Civil Partnership Act 2004 (c. 33)
219
In section 245(2) of the Civil Partnership Act 2004 (interpretation), for “Army
25
Act 1955 (3 & 4 Eliz 2 c. 18)” substitute “Armed Forces Act 2006”.
Constitutional Reform Act 2005 (c. 4)
220
In Part 2 of Schedule 14 to the Constitutional Reform Act 2005 (the Judicial
Appointments Commission: relevant offices and enactments), in the table, in
the entry relating to a judge of the Courts-Martial Appeal Court—
30
(a)
in the first column for “Courts-Martial Appeal Court” substitute
“Court Martial Appeal Court”;
(b)
in the second column for “Courts-Martial (Appeals) Act 1968 (c. 20)”
substitute “Court Martial Appeals Act 1968 (c. 20)”.
Gambling Act 2005 (c. 19)
35
221
In section 354(2) of the Gambling Act 2005 (Crown application), for the
words from “Her Majesty’s” to the end substitute “any of Her Majesty’s
forces (within the meaning of the Armed Forces Act 2006).”
222
In Part 1 of Schedule 7 to that Act (relevant offences)—

Armed Forces Bill
Schedule 17 — Repeals and Revocations
302

(a)
for paragraphs 14 to 16 substitute—
“14A
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 an offence listed elsewhere in this Schedule.”;
5
(b)
after paragraph 22 insert—
“22A
Section 48 of the Armed Forces Act 2006 (attempts,
conspiracy, incitement and aiding and abetting outside
England and Wales) applies for the purposes of this Act as
if the reference in subsection (3)(b) to any of the following
10
provisions of that Act were a reference to any provision of
this Act.”
Schedule 17
Section 371

Repeals and Revocations

Reference
Extent of repeal or revocation

15

Naval Agency and Distribution
Section 16.

Act 1864 (c. 24)

Naval and Marine Pay and
Section 6.

Pensions Act 1865 (c. 73)
Section 8.

Regimental Debts Act 1893 (c. 5)
In section 23, the words “is sentenced to death

20

or”.

Criminal Evidence Act 1898
In section 6(1), the words from “including” to

(c. 36)
the end.

Air Force (Constitution) Act
In section 2(1), the words “, pay, allowances,”.

1917 (c. 51)
In section 3, in the sidenote the words “and

25

attaching”, in subsection (1) the words from “,

or attached” to “four years:”, and subsection

(4).

Coastguard Act 1925 (c. 88)
Section 2.

Colonial Naval Defence Act
The whole Act.

30

1931 (c. 9)

Visiting Forces (British
Sections 6 and 7.

Commonwealth) Act 1933

(c. 6)

Defence (Armed Forces)
In Regulation 6, the words from “within the

35

Regulations 1939 (S.I. 1939/
meaning of” to the end.

1304)

Naval Forces (Enforcement of
The whole Act.

Maintenance Liabilities) Act

1947 (c. 24)

40

Army and Air Force (Women’s
The whole Act.

Service) Act 1948 (c. 21)

Criminal Justice Act 1948 (c. 58)
In section 80(1), the definition of “Court”.