06246.1-4

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

LORDS amendments to the
Armed Forces Bill
[The page and line references are to HL Bill 113, the bill as first printed for the Lords.]
Clause 6
1
Page 4, line 12, leave out subsections (1) and (2) and insert—

“(1)
A person subject to service law commits an offence if he takes part in a

mutiny.

(2)
For the purposes of this section a person subject to service law takes part in

a mutiny if—

(a)
in concert with at least one other person subject to service law, he—

(i)
acts with the intention of overthrowing or resisting

authority; or

(ii)
disobeys authority in such circumstances as to subvert

discipline;

(b)
he agrees with at least one other person subject to service law to

overthrow or resist authority; or

(c)
he agrees with at least one other person subject to service law to

disobey authority, and the agreed disobedience would be such as to

subvert discipline.”
2
Page 4, line 22, leave out “this section” and insert “subsection (2)”
Clause 7
3
Page 4, line 34, leave out from “when” to end of line 35 and insert “a person subject

to service law, in concert with at least one other person subject to service law—

(a)
acts with the intention of overthrowing or resisting authority; or

(b)
disobeys authority in such circumstances as to subvert discipline.”
Clause 8
4
Page 5, line 6, leave out from “avoid” to end of line 12 and insert “a period of active

service.

( )
In this section “active service” means service in—

(a)
an action or operation against an enemy;

Bill 246 54/1

2

(b)
an operation outside the British Islands for the protection of life or

property; or

(c)
the military occupation of a foreign country or territory.”
5
Page 5, line 16, leave out “subsection (5) applies,” and insert “the offender intended

to avoid a period of active service,”
6
Page 5, line 18, leave out subsection (5)
Clause 9
7
Page 5, line 22, at end insert—

“( )
A person subject to service law commits an offence if subsection (1) or (2)

applies to him.”
8
Page 5, line 23, leave out from beginning to “if” and insert “This subsection applies

to a person”
9
Page 5, line 25, leave out from beginning to “if” and insert “This subsection applies

to a person”
Clause 24
10
Page 10, line 35, leave out subsections (1) to (3) and insert—

“(1)
A person subject to service law commits an offence if—

(a)
he does an act that causes damage to or the loss of any public or

service property or any property belonging to another person

subject to service law; and

(b)
either—

(i)
he intends to cause damage to or the loss of the property,

and there is no lawful excuse for his act; or

(ii)
he is reckless as to whether he causes damage to or the loss

of the property.

(2)
A person subject to service law commits an offence if—

(a)
negligently, he does an act that causes damage to or the loss of any

public or service property; or

(b)
he does an act that is likely to cause damage to or the loss of any

public or service property and—

(i)
he is reckless as to whether he causes damage to or the loss

of the property; or

(ii)
he is negligent.”
11
Page 11, line 20, leave out paragraphs (a) and (b) and insert—

“(a)
in the case of an offence under subsection (1), ten years;

(b)
in the case of an offence under subsection (2), two years.”
Clause 31
12
Page 13, line 38, leave out subsections (1) and (2) and insert—

“(1)
A person subject to service law commits an offence if he does an act that

causes the hazarding of any of Her Majesty’s ships and—

(a)
he intends to cause damage to or the stranding or loss of the ship,

and there is no lawful excuse for his act; or

3

(b)
he is reckless as to whether he causes damage to or the stranding or

loss of the ship.”
13
Page 14, line 16, leave out “or (2)”
Clause 33
14
Page 14, line 36, leave out paragraph (b) and insert—

“(b)
either—

(i)
he intends to cause loss of life or injury to any person, and

there is no lawful excuse for his act; or

(ii)
he is reckless as to whether he causes loss of life or injury to

any person.

(1A)
A person subject to service law commits an offence if, negligently, he does

an act—

(a)
when flying or using an aircraft, or

(b)
in relation to an aircraft or aircraft material,


that causes or is likely to cause loss of life or injury to any person.”
15
Page 15, line 10, leave out paragraphs (a) and (b) and insert—

“(a)
in the case of an offence under subsection (1), may be for life;

(b)
in the case of an offence under subsection (1A), must not exceed two

years.”
Clause 36
16
Page 16, line 5, leave out “or”
17
Page 16, line 6, at end insert “; or

(d)
any equipment of a description prescribed by regulations made by

the Defence Council.”
Clause 58
18
Page 26, line 28, leave out subsections (5) and (6) and insert—

“(5)
Subsection (6) applies to a person—

(a)
who ceases to be a civilian subject to service discipline by reason

only of—

(i)
leaving an area designated for the purposes of Schedule 15;

(ii)
entering the British Islands; or

(iii)
leaving an area which a designation under paragraph 7 of

Schedule 15 specifies as an area that he must be in for the

designation to apply to him; and

(b)
who is residing or staying in a qualifying place at the time he does

so.

(6)
As regards that time, and for so long after that time as he continues—

(a)
to reside or stay in a qualifying place, and

(b)
to be a person who is not a civilian subject to service discipline but

who would be such a civilian if he were in a qualifying place,


he is to be treated for the purposes of this section (apart from subsection (5))

as being such a civilian.

4

(7)
In subsections (5) and (6) “in a qualifying place” means—

(a)
in relation to a person who falls within subsection (5)(a) by reason

of leaving an area designated for the purposes of Schedule 15, in

any such area;

(b)
in relation to a person who falls within subsection (5)(a) by reason

of entering the British Islands, outside the British Islands;

(c)
in relation to a person who falls within subsection (5)(a) by reason

of leaving an area mentioned in subsection (5)(a)(iii), in that area.”
After Clause 117
19
Insert the following new Clause—

“Duty of service policeman to notify CO of referral to DSP

(1)
This section applies where a service policeman considers that there is

sufficient evidence to charge a person (“A”) with a service offence and

refers the case under section 116(2) to the Director of Service Prosecutions.

(2)
The service policeman must as soon as reasonably practicable after

referring the case—

(a)
notify A’s commanding officer of the referral; and

(b)
provide prescribed documents to A’s commanding officer.

(3)
A notification under subsection (2)(a) must specify—

(a)
the service offence the service policeman considers there is

sufficient evidence to charge A with; and

(b)
where that offence is not a Schedule 2 offence, the circumstances he

is aware of that are of a description prescribed as mentioned in

section 116(2)(b).

(4)
In this section—

(a)
any reference to there being sufficient evidence to charge a person

with a service offence is to be read in accordance with section

116(5);

(b)
“prescribed documents” means documents prescribed for the

purposes of subsection (2)(b) by regulations under section 127.

(5)
Section 117(3)(a) (certain cases to be treated as referred under section

116(2)) does not apply for the purposes of this section.”
Clause 124
20
Page 60, line 21, leave out “or”
21
Page 60, line 23, at end insert “; or

(c)
where the charge is in respect of an offence which would be a

relevant offence for the purposes of section (Sentencing powers of

Court Martial where election for trial by that court instead of CO)

(election for trial by Court Martial) if the accused were convicted or

acquitted of it.

( )
Subsection (3)(c) does not apply in relation to powers under subsection

(2)(e) (which are restricted by section 129).”