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| (a) | the sentence has not taken effect; or |
| (b) | the sentence has ceased to have effect by virtue of section 289 or 290 and has not resumed effect.'. |
Mr Tom Watson
2
Clause 323, page 162, line 12, leave out 'Parts 1 to 13' and insert 'sections 1 to 41, 107, 228, 265 and 304'.
Nick Harvey
Bob Russell
Willie Rennie
7
Clause 334, page 168, line 41, leave out from 'State:' to the end of line 43 and insert 'or;
| (c) | an independent member (see subsection (9)).'. |
Nick Harvey
Bob Russell
Willie Rennie
5
Clause 334, page 169, line 4, at end insert—'(4A) At least one member of a service complaint panel must be an independent member.'.
Dr Liam Fox
Mr Gerald Howarth
Dr Julian Lewis
Mr Mark Harper
13
*Clause 358, page 180, line 31, at end insert—'(2A) A person shall not be appointed as the Director of Service Prosecutions unless that person has knowledge of and experience of military justice issues and an understanding of their relevance to the role of Her Majesty's Forces.
(2B) The functions of the Director shall be exercised by him independently of any other person.'.
Dr Liam Fox
Mr Gerald Howarth
Dr Julian Lewis
Mr Mark Harper
14
*Clause 367, page 186, line 21, at end insert "'service equipment" refers to equipment used by, or in the possession or under the control of—
| (a) | Her Majesty's Forces, |
| (b) | an allied force, or |
| (c) | an institution of Her Majesty's Forces or of an allied force.'. |
Mr Tom Watson
3
Schedule 16, page 267, line 25, at end insert—
'Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))
| 63A | In Article 2 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (interpretation), in paragraph (2), in the definition of "service disciplinary proceedings", after "any of the following—" insert— |
| "(za) | any proceedings (whether or not before a court) in respect of a service offence within the meaning of the Armed Forces Act 2006 (except proceedings before a civilian court within the meaning of that Act);". |
| 63B | In Article 4 of that Order (rehabilitation of persons dealt with in service disciplinary proceedings), after paragraph (1) insert— |
"(1A) Section 369(1) to (3) of the Armed Forces Act 2006 ("conviction" and "sentence" in relation to summary hearings and the SAC) apply for the purposes of this Order as they apply for the purposes of that Act."
| 63C | (1) | Article 6 of that Order (rehabilitation periods for particular sentences) is amended as follows. |
| (2) | In paragraph (1)— |
(a) in sub-paragraph (c) omit the "and" at the end;
(b) in sub-paragraph (d) omit "or a corresponding court-martial punishment";
(c) after that sub-paragraph insert—
| "(e) | a sentence of detention for life, or for a term exceeding thirty months, passed under section 208 of the Armed Forces Act 2006; |
| (f) | a sentence of detention during Her Majesty's pleasure under section 217 of that Act; and |
| (g) | any of the following passed as a result of any of sections 218 to 221 of that Act— |
| (i) | a sentence of imprisonment for public protection under section 225 of the Criminal Justice Act 2003; |
| (ii) | a sentence of detention for public protection under section 226 of that Act; |
| (iii) | an extended sentence under section 227 or 228 of that Act;". |
| (3) | In paragraph (2)— |
(a) in Table A, in the fifth entry for "Any sentence of detention" substitute "Any sentence of service detention within the meaning of the Armed Forces Act 2006, or any sentence of detention corresponding to such a sentence,";
(b) in Table B—
| (i) | in the fourth entry, after "1998" insert "or under section 208 of the Armed Forces Act 2006"; |
| (ii) | in the fifth entry, after "Article 45" insert "or that section 208". |
| (4) | After paragraph (4) insert— |
"(4A) Where in respect of a conviction an order under section 210 of the Armed Forces Act 2006 (detention and training order) was made, the rehabilitation period applicable to the sentence shall be—
| (a) | in the case of a person aged 15 or over on conviction, five years if the order was for a term exceeding six months, or three and a half years if it was for six months or less; |
| (b) | in the case of a person aged under 15 on conviction, a period beginning with the date of conviction and ending one year after the date on which the order ceases to have effect. |
(4B) Where in respect of a conviction a service community order under the Armed Forces Act 2006 or an overseas community order under that Act was made, the rehabilitation period applicable to the sentence shall be—
| (a) | in the case of a person aged 18 or over on conviction, 5 years from the date of conviction; |
| (b) | in the case of a person aged under 18 on conviction, two and a half years from the date of conviction or a period beginning with the date of conviction and ending when the order ceases to have effect, whichever is the longer." |
| (5) | In paragraph (9)— |
(a) omit sub-paragraph (a);
(b) in sub-paragraph (c) after "1998" insert "or section 208 of the Armed Forces Act 2006".
| (6) | After paragraph (9) insert— |
"(9A) In this Article—
(a) references in paragraphs (1) and (2) to section 208 of the Armed Forces Act 2006 include references to section 71A(4) of the Army Act 1955 or Air Force Act 1955 or section 43A(4) of the Naval Discipline Act 1957;
(b) the reference in paragraph (1) to section 217 of the Armed Forces Act 2006 includes a reference to section 71A(3) of the Army Act 1955 or Air Force Act 1955 or section 43A(3) of the Naval Discipline Act 1957."
| 63D | In the Schedule to that Order (service disciplinary convictions referred to in Article 7(6)(bb)), after paragraph 6 add— |
"Provisions of the Armed Forces Act 2006
| 7 | Any service offence within the meaning of the Armed Forces Act 2006 except one punishable in the case of an offender aged 18 or over with imprisonment for more than two years."'. |
Mr Tom Watson
4
Schedule 17, page 306, line 40, at end insert—
| 'Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27)) | Article 4(5). |
| In Article 6, in paragraph (1), the word "and" at the end of sub-paragraph (c), and in sub-paragraph (d) the words "or a corresponding court-martial punishment", and paragraph (9)(a).'. |
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| ©Parliamentary copyright 2006 | Prepared 22 May 2006 |