Armed Forces Bill

House of Commons

Session 2005 - 06
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Armed Forces Bill

Armed Forces Bill
Part 7 — Trial by Court Martial
Chapter 4 — Findings of Unfitness to Stand Trial and Insanity
84

169
Service supervision orders
(1)
In section 168 and this section a “service supervision order” means an order
which requires the person in respect of whom it is made (“the supervised
person”) to be under the supervision of a person specified in the order (“the
supervising officer”) for a period specified in the order.
5
(2)
The period specified in the order must not exceed the maximum period for the
time being specified in paragraph 1(1) of Schedule 1A to the Criminal
Procedure (Insanity) Act 1964 (c. 84) (maximum period of civilian supervision
order).
(3)
The court may not make a service supervision order under section 168(2)(b)
10
unless it is satisfied—
(a)
that, having regard to all the circumstances of the case, the making of a
service supervision order is the most suitable way of dealing with the
defendant;
(b)
that the supervising officer intended to be specified in the order is
15
willing to undertake the supervision; and
(c)
that arrangements have been made for any treatment which (under
subsection (4)) is intended to be specified in the order.
(4)
An order under section 168(2)(b) may, in accordance with regulations under
subsection (5), require the supervised person to submit, during the whole of
20
the period specified in the order or such part of it as may be so specified, to
treatment by or under the direction of a registered medical practitioner.
(5)
The Secretary of State may by regulations make further provision in relation to
service supervision orders, including in particular provision—
(a)
as to the procedure to be followed by a court making a service
25
supervision order;
(b)
as to the descriptions of supervising officer who may be specified in
such an order;
(c)
for treatment to be provided, in accordance with arrangements made
by the medical practitioner by whom or under whose direction the
30
supervised person is being treated, at a place other than a place
specified in the order;
(d)
authorising a court to include in a service supervision order
requirements corresponding to any requirements that Schedule 1A to
the Criminal Procedure (Insanity) Act 1964 for the time being allows to
35
be included in supervision orders under that Act;
(e)
imposing on the supervised person obligations corresponding to any
for the time being imposed by that Schedule;
(f)
for the amendment and revocation of a service supervision order.
170
Remission for trial
40
(1)
Where—
(a)
a person is detained in pursuance of a hospital order which the Court
Martial had power to make by virtue of section 168(1)(a),
(b)
the court also made a restriction order, and
(c)
the restriction order has not ceased to have effect,
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Armed Forces Bill
Part 7 — Trial by Court Martial
Chapter 4 — Findings of Unfitness to Stand Trial and Insanity
85

the Secretary of State, if satisfied after consultation with the responsible
medical officer that the person can properly be tried, may remit the person for
trial by the Court Martial.
(2)
A person remitted under this section must be transferred to service custody,
but when he is so transferred—
5
(a)
he must as soon as practicable be brought before a judge advocate for a
review of whether he should continue to be kept in service custody; and
(b)
on that review he is to be dealt with as on a review under section 108(1)
(see section 108(4) to (8)).
(3)
On the transfer of a person to service custody under this section the hospital
10
order and restriction order cease to have effect.
(4)
In this section—
“hospital order” and “restriction order” have the same meanings as in
section 168;
“the responsible medical officer” means the registered medical
15
practitioner in charge of the person’s treatment.
(5)
In subsection (1)(a) the reference to a hospital order as there mentioned
includes a reference to—
(a)
a hospital order made by virtue of section 16(1)(b) or 22(3A) of the
Court Martial Appeals Act 1968 (c. 20);
20
(b)
a hospital order made by virtue of section 25B(1) of that Act in a case in
which a finding within section 168(1)(a) of this Act was made by the
Court Martial.
171
Provision supplementary to sections 165 and 167
(1)
In sections 165 and 167 and this section “duly approved” means approved for
25
the purposes of section 12 of the Mental Health Act 1983 by the Secretary of
State as having special experience in the diagnosis or treatment of mental
disorder.
(2)
For the purposes of the provisions of sections 165 and 167 which permit a court
to act on the written evidence of—
30
(a)
a registered medical practitioner, or
(b)
a registered medical practitioner who is duly approved,

a report in writing purporting to be signed by a registered medical practitioner
or a registered medical practitioner who is duly approved may (subject to
subsection (4)) be received in evidence without proof of the signature of the
35
practitioner and without proof that he has the requisite qualifications or is duly
approved.
(3)
The court may require the signatory of any such report to be called to give oral
evidence.
(4)
Where in pursuance of a direction of the court any such report is tendered in
40
evidence otherwise than by or on behalf of the defendant, then—
(a)
if the defendant is represented by counsel or a solicitor, a copy of the
report must be given to his counsel or solicitor;
(b)
if the defendant is not so represented the substance of the report must
be disclosed to him or, if he is aged under 18, to his parent or guardian
45
if present in court;

Armed Forces Bill
Part 8 — Sentencing Powers and Mandatory etc Sentences
Chapter 1 — Definition etc of Certain Sentences
86

(c)
the defendant may require the signatory of the report to be called to
give oral evidence; and
(d)
evidence to rebut the evidence contained in the report may be called by
the defendant or on his behalf.
Part 8
5
Sentencing Powers and Mandatory etc Sentences
Chapter 1
Definition etc of Certain Sentences
Service supervision and punishment orders
172
Service supervision and punishment orders
10
(1)
A service supervision and punishment order is an order that—
(a)
imposes on the offender, for a period specified in the order, such
requirements as regulations made by the Defence Council may
prescribe; and
(b)
provides that one-sixth of his gross pay for that period is forfeit.
15
(2)
The period specified in the order must be 90, 60 or 30 days beginning with the
day the order is made.
(3)
The requirements that regulations under this section may prescribe include, in
particular—
(a)
requirements to perform activities of a prescribed description;
20
(b)
requirements not to use entitlement to leave;

and the descriptions of activities that may be prescribed include extra work
and drill.
(4)
A requirement included in regulations under this section may be for a person
to perform an activity of a prescribed description for up to a prescribed period
25
of time per day, and the regulations may—
(a)
confer on the person’s commanding officer the function of deciding in
respect of any day what activities within the prescribed description
must be performed and for how much of the prescribed period of time
and when;
30
(b)
provide for the delegation by the commanding officer of any of his
functions under the regulations.
(5)
Regulations under this section may prescribe different requirements for
different parts of the period of the order.
(6)
In this section “prescribed” means prescribed by regulations under this section.
35
173
Review of service supervision and punishment orders
(1)
The commanding officer of a person subject to a service supervision and
punishment order must, at times prescribed by regulations made by the
Defence Council, consider whether the order should continue in force.

Armed Forces Bill
Part 8 — Sentencing Powers and Mandatory etc Sentences
Chapter 1 — Definition etc of Certain Sentences
87

(2)
If on a review under subsection (1) the commanding officer decides that the
order should not continue in force, he must order that it shall immediately
cease to have effect.
(3)
Regulations made by the Defence Council may—
(a)
prescribe criteria to be applied by a commanding officer in deciding
5
whether an order should continue in force;
(b)
make provision about procedure in relation to orders under subsection
(2).
(4)
Where a commanding officer makes an order under subsection (2), there
remains forfeit one-sixth of the offender’s gross pay for the period—
10
(a)
beginning with the day the service supervision and punishment order
is made; and
(b)
ending with the day before the date of the commanding officer’s order.
Service compensation orders
174
Service compensation orders
15
(1)
A service compensation order is an order that requires the offender to pay
compensation for any personal injury, loss or damage resulting from—
(a)
the offence of which he has been convicted; or
(b)
where any other offence is taken into consideration in determining his
sentence, any offence so taken into consideration.
20
(2)
A service compensation order must be of such amount as the court considers
appropriate, having regard to any evidence and to any representations that are
made by or on behalf of the offender or the prosecutor.
(3)
In the case of an offence of unlawfully obtaining any property (whether by
stealing it, handling it or otherwise), where the property in question is
25
recovered, any damage to the property occurring while it was out of the
owner’s possession is to be treated for the purposes of this section as having
resulted from the offence, however and by whomever the damage was caused.
(4)
No service compensation order may be made in respect of—
(a)
bereavement;
30
(b)
funeral expenses; or
(c)
loss of any other kind suffered by the dependants of a person in
consequence of his death.
(5)
No service compensation order may be made in respect of injury, loss or
damage due to an accident arising out of the presence of a motor vehicle on a
35
road unless—
(a)
it is in respect of damage treated by subsection (3) as resulting from an
offence of unlawfully obtaining any property; or
(b)
it is in respect of injury, loss or damage as respects which—
(i)
the offender is uninsured in relation to the use of the vehicle;
40
and
(ii)
compensation is not payable under any arrangements to which
the Secretary of State is a party.
(6)
Where a service compensation order is made in respect of injury, loss or
damage due to an accident arising out of the presence of a motor vehicle on a
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Armed Forces Bill
Part 8 — Sentencing Powers and Mandatory etc Sentences
Chapter 1 — Definition etc of Certain Sentences
88

road, the amount to be paid may include an amount representing the whole or
part of any loss of or reduction in preferential rates of insurance attributable to
the accident.
(7)
For the purposes of subsection (5) a person is not uninsured in relation to the
use of a vehicle if—
5
(a)
the vehicle is in the public service of the Crown; or
(b)
the use of the vehicle is exempted from insurance by section 144 of the
Road Traffic Act 1988 (c. 52) or Article 90(2) of the Road Traffic
(Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)).
(8)
The court must give reasons, on passing sentence, if it does not make a service
10
compensation order in a case where it has power to do so.
(9)
References in this section to “the court” are references to the court or officer
sentencing the offender.
175
Service compensation orders: appeals etc
(1)
A person in whose favour a service compensation order is made is not entitled
15
to receive the amount due to him until (disregarding any power of a court to
grant leave to appeal out of time) there is no further possibility of an appeal
which could result in the order being varied or ceasing to have effect.
(2)
Where the Supreme Court restores a conviction of a service offence, it may
make any service compensation order which the court of trial could have
20
made.
(3)
Where a service compensation order has been made against any person in
respect of an offence taken into consideration in determining his sentence—
(a)
the order ceases to have effect if he successfully appeals against his
conviction of the offence or, if more than one, all the offences, of which
25
he was convicted in the proceedings in which the order was made;
(b)
he may appeal against the order as if it were part of the sentence
imposed in respect of the offence or, if more than one, any of the
offences, of which he was so convicted.
176
Review of service compensation orders
30
(1)
The appropriate court may, on the application of the person against whom a
service compensation order was made, discharge the order or reduce the
amount which remains to be paid; but this is subject to subsections (2) and (3).
(2)
The appropriate court may exercise a power conferred by subsection (1) only
at a time when (disregarding any power of a court to grant leave to appeal out
35
of time) there is no further possibility of an appeal which could result in the
order being varied or ceasing to have effect.
(3)
The appropriate court may exercise a power conferred by subsection (1) only if
it appears to the court—
(a)
that the injury, loss or damage in respect of which the service
40
compensation order was made has been held in civil proceedings to be
less than it was taken to be for the purposes of the order;
(b)
in the case of a service compensation order in respect of the loss of any
property, that the property has been recovered by the person in whose
favour the order was made; or
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Armed Forces Bill
Part 8 — Sentencing Powers and Mandatory etc Sentences
Chapter 1 — Definition etc of Certain Sentences
89

(c)
that the person against whom the service compensation order was
made has suffered a substantial reduction in his means which was
unexpected at the time when the order was made, and that his means
seem unlikely to increase for a considerable period.
(4)
In this section “the appropriate court” means—
5
(a)
if the service compensation order was awarded by an officer and
subsection (5) applies, the commanding officer of the person against
whom the service compensation order was made;
(b)
in any other case, the Court Martial.
(5)
This subsection applies if the person against whom the service compensation
10
order was made is for the time being—
(a)
subject to service law;
(b)
a member of a volunteer reserve force; or
(c)
a member of an ex-regular reserve force who is subject to an additional
duties commitment.
15
Service community orders (civilians and dismissed servicemen only)
177
Service community orders
(1)
A service community order is an order—
(a)
imposing on the offender one or more of the requirements mentioned
in section 177(1) of the 2003 Act (community orders under that Act);
20
and
(b)
specifying the local justice area in England and Wales, or (as the case
may be) the locality in Scotland or the petty sessions district in
Northern Ireland, where the offender resides or will reside.
(2)
The power to include in the order one or more of the requirements mentioned
25
in section 177(1) of the 2003 Act is subject to—
(a)
any restriction that section 177(1) imposes in relation to a particular
requirement;
(b)
the provisions of the 2003 Act mentioned in the paragraphs of section
177(2) of that Act; and
30
(c)
section 218 of that Act.
(3)
In the following provisions of the 2003 Act “community order” includes a
service community order under this Act—
section 177(3) to (6) (provision about the making of community orders);
section 178 (power to provide for court review of community orders);
35
Chapter 4 of Part 12 (further provision about orders).
(4)
In those provisions in their application in relation to a service community order
under this Act, “court” includes a relevant service court.
(5)
The following provisions of the 2003 Act do not apply in relation to a service
community order under this Act—
40
section 207(3)(a)(ii) (condition for mental health treatment requirement);
section 219(3) (requirement to give copy of order to magistrates’ court).
(6)
For the purposes of this section each of the following is a relevant service
court—

Armed Forces Bill
Part 8 — Sentencing Powers and Mandatory etc Sentences
Chapter 1 — Definition etc of Certain Sentences
90

(a)
the Court Martial;
(b)
the Service Civilian Court;
(c)
the Court Martial Appeal Court;
(d)
the Supreme Court on an appeal brought from the Court Martial
Appeal Court.
5
178
Periodic review etc of service community orders
(1)
In section 210 of the 2003 Act (provision for periodic reviews of drug
rehabilitation requirement) as it applies to a service community order under
this Act—
(a)
“the court responsible for the order” means the Crown Court; and
10
(b)
subsections (2) to (4) shall be treated as omitted.
(2)
Section 211 of that Act (periodic reviews of drug rehabilitation requirement)
has effect in its application to such an order as if for subsections (3) to (5) there
were substituted—
“(3A)
If the offender fails to express his willingness to comply with the drug
15
rehabilitation requirement as proposed to be amended by the court, the
court may revoke the service community order and deal with him, for
the offence in respect of which the order was made—
(a)
if that offence is an offence punishable with imprisonment, in
any way in which it could deal with him if he had just been
20
convicted before the court of an offence punishable with
imprisonment;
(b)
if it is not an offence punishable with imprisonment, in any way
in which it could deal with him if he had just been convicted
before the court of an offence not punishable with
25
imprisonment.
(3B)
In dealing with the offender under subsection (3A) the court—
(a)
must take into account the extent to which the offender has
complied with the requirements of the order, and
(b)
where subsection (3A)(a) applies, may impose a sentence of
30
imprisonment notwithstanding anything in section 152(2).
(3C)
A term of imprisonment or fine imposed under subsection (3A)—
(a)
must not exceed the maximum permitted for the offence in
respect of which the order was made, and
(b)
where the order was made by the Service Civilian Court, must
35
not exceed—
(i)
in the case of a term of imprisonment, 12 months;
(ii)
in the case of a fine, the prescribed sum within the
meaning of section 32 of the Magistrates’ Courts Act
1980 (c. 43).”
40
(3)
Where a sentence is passed under section 211(3A) of the 2003 Act as substituted
by subsection (2) above, section 9 of the Criminal Appeal Act 1968 (c. 19)
(appeal against sentence) applies as if the offender had been convicted on
indictment of the offence for which the sentence was passed.