06246.5-11

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

5

Clause 128
22
Page 62, line 15, leave out from “accused” to “an” in line 16 and insert “are to be

heard summarily together,”
Clause 129
23
Page 62, line 28, leave out subsections (2) and (3) and insert—

“(2)
The Director of Service Prosecutions (“the Director”) may not without the

written consent of the accused refer to a commanding officer, under section

124(2)(e)—

(a)
that charge (whether or not amended by the Director), or

(b)
any charge substituted under section 124(2)(b) or additionally

brought under section 124(2)(c).”
24
Page 62, line 40, leave out “(3)(b)” and insert “(2)”
Clause 136
25
Page 67, line 16, leave out subsection (3) and insert—

“(3)
If it appears to the Secretary of State that there has been a change in the

value of money since the relevant date, he may by order substitute for the

sum for the time being specified in subsections (1) and (2) such other sum

as appears to him justified by the change.

(4)
In subsection (3) “the relevant date” means—

(a)
the date of the coming into force of this section; or

(b)
where the sum for the time being specified in subsections (1) and (2)

was substituted for a sum previously so specified, the date of the

substitution.”
Clause 142
26
Page 69, line 39, leave out “Supreme Court” and insert “Court of Judicature”
Clause 154
27
Page 75, line 10, leave out subsections (1) and (2) and insert—

“(1)
In the case of any proceedings, the Court Martial is to consist of—

(a)
a judge advocate; and

(b)
at least three but not more than five other persons (“lay members”).

(2)
But Court Martial rules may provide that, in the case of proceedings of a

prescribed description, there are to be—

(a)
at least five but not more than seven lay members; or

(b)
no lay members.

(2A)
In the case of proceedings where the Court Martial consists of a judge

advocate and lay members—

(a)
a prescribed number of the lay members must be officers or warrant

officers qualified for membership under section 155 and not

ineligible by virtue of section 156; and

(b)
the rest must be officers so qualified and not so ineligible.

6

(2B)
Subsection (2A) is subject to any provision made by Court Martial rules.”
28
Page 75, line 20, leave out “other members of the court” and insert “lay members”
29
Page 75, line 21, at end insert—

“(4A)
The number of lay members specified under subsection (4) is to be the

minimum required unless a judge advocate, in accordance with Court

Martial rules, directs otherwise.

(4B)
In subsection (4A) “the minimum required” means—

(a)
the minimum required by subsection (1)(b); or

(b)
where rules made by virtue of subsection (2)(a) apply instead of

subsection (1)(b), the minimum required by those rules.”
Clause 155
30
Page 76, line 5, leave out “Supreme Court” and insert “Court of Judicature”
Clause 158
31
Page 76, line 41, leave out “one or more”
Clause 162
32
Page 78, line 20, at end insert—

“(ga)
for the variation by the court of a sentence passed by it or the

variation or rescission by it of an order made by it;”
33
Page 78, line 21, leave out paragraph (h) and insert—

“(h)
for appeals—

(i)
against any orders (including directions) of the court

prohibiting or restricting the publication of any matter or

excluding the public from any proceedings (whether made

in preliminary proceedings or otherwise);

(ii)
against any other orders or rulings made in proceedings

preliminary to a trial;”
34
Page 79, line 5, at end insert—

“( )
Rules made by virtue of subsection (3)(ga) may make provision about the

commencement of sentences or orders varied by the court (including

provision conferring on the court a power to direct that a sentence shall

take effect otherwise than as mentioned in section 288(1)).”
Before Clause 164
35
Insert the following new Clause—

“Sentencing powers of Court Martial where election for trial by that court

instead of CO

(1)
For the purposes of this section, an offence of which a person is convicted

or acquitted is “relevant” if—

(a)
the charge in respect of the offence is one as regards which the

person elected Court Martial trial under section 128 (whether or not

the charge was amended after election);

7

(b)
the charge in respect of the offence was—

(i)
brought under section 124 in addition to a charge as regards

which the person so elected; or

(ii)
substituted for a charge as regards which the person so

elected, or for a charge within sub-paragraph (i), or for a

charge so substituted; or

(c)
the person elected Court Martial trial as regards a charge in respect

of another offence and conditions prescribed by Court Martial rules

are met.

(2)
Where—

(a)
the Court Martial convicts a person of an offence which is relevant

by virtue of subsection (1)(a), and

(b)
subsection (4) (multiple relevant offences) does not apply,


the sentence passed in respect of the offence must be such that the

commanding officer could have awarded the punishments awarded by

that sentence if he had heard the charge summarily and had recorded a

finding that the charge had been proved.

(3)
In subsection (2) “the commanding officer” means the commanding officer

who would have heard the charge if no election under section 128 had been

made.

(4)
This subsection applies where the court convicts a person of two or more

relevant offences the charges in respect of which—

(a)
would have been heard summarily together if no election under

section 128 had been made; or

(b)
are under Court Martial rules to be treated as if they would have

been so heard.

(5)
Court Martial rules may make provision about the sentencing powers

available to the Court Martial—

(a)
where subsection (4) applies;

(b)
where the court convicts a person of an offence which is relevant by

virtue of subsection (1)(b) or (c).

(6)
Court Martial rules may make provision—

(a)
about the sentencing principles that the Court Martial is to apply in

relation to—

(i)
the sentencing of an offender for one or more relevant

offences; or

(ii)
the sentencing of an offender for an offence with which a

relevant offence is associated;

(b)
restricting the orders that the court may make by virtue of a

conviction or acquittal of a relevant offence, including provision—

(i)
preventing the court from making an order of a particular

kind;

(ii)
restricting the provision that may be made by an order of a

particular kind;

(c)
in relation to any case where a person is convicted of a relevant

offence,—

(i)
as respects appeals;

(ii)
excluding or restricting powers relating to review of

sentence.

8

(7)
Rules made by virtue of this section may modify or exclude—

(a)
any provision of or made under this Act (including section 254);

(b)
any provision of the Court Martial Appeals Act 1968.”
Clause 164
36
Leave out Clause 164
Clause 184
37
Page 93, line 16, leave out “section 281 or”
Clause 185
38
Page 93, line 21, leave out “section 281 or”
Clause 192
39
Page 97, line 44, at end insert—

“( )
Any provision included by virtue of subsection (4) in an order made by an

officer has effect subject to section (Commencement of suspended sentence

activated by CO) (postponement of commencement of suspended sentence

on activation by CO).”
Clause 194
40
Page 99, line 20, at end insert—

“( )
In determining in any case—

(a)
whether to substitute an order under section 192, or

(b)
the terms of any such substituted order,


the Summary Appeal Court must take account of any period of the

suspended sentence that the appellant served.”
Clause 245
41
Page 121, line 40, after “custody” insert “in connection with the offence in question

or any related offence”
Clause 246
42
Page 122, line 37, leave out “it takes effect” and insert “an order that it shall take

effect is made”
43
Page 122, line 38, leave out “the order under which it takes effect” and insert “that

order”
Before Clause 281
44
Insert the following new Clause—

9

“Punishments available to Service Civilian Court

(1)
Section 163 and Schedule 3 (punishments available to Court Martial) apply

in relation to the Service Civilian Court as they apply in relation to the

Court Martial.

(2)
Subsection (1) is subject to—

(a)
sections 282 and 283 (maximum imprisonment, fine or

compensation order that may be awarded by SCC); and

(b)
subsection (3).

(3)
Where the Service Civilian Court sentences an offender to whom Part 2 of

Schedule 3 applies, it may not award a punishment mentioned in any of

rows 2 to 5 or 8 of the Table in section 163 (as modified by that Part of that

Schedule).”
Clause 281
45
Leave out Clause 281
After Clause 290
46
Insert the following new Clause—

“Commencement of suspended sentence activated by CO

(1)
This section applies where an officer makes an order (“the activation

order”) under section 192(3) (activation of suspended award of service

detention).

(2)
If the activation order does not provide that the suspended sentence shall

take effect from the end of another sentence, section 289(2) to (8) apply, but

with the following modifications—

(a)
the reference in subsection (2) to the time of the award is to be read

as to the time when the activation order is made;

(b)
the reference in subsection (2) to the day on which the award is

made is to be read as to the day on which the activation order is

made;

(c)
any other reference to “the award” in subsections (2) to (7) is to the

award of service detention to which the activation order relates

(with any modification of its term made by the activation order);

(d)
the reference in subsection (7) to an appeal is to an appeal against

the activation order; and

(e)
in subsection (8)—

(i)
the reference to the award is to be read as to the activation

order; and

(ii)
the reference to another punishment is to be read as to

another order under section 192(3).

(3)
If the activation order provides that the suspended sentence shall take

effect from the end of another sentence (“the initial sentence”), section

290(2) to (9) apply, but with the following modifications—

(a)
the reference in subsection (2) to the time of the award is to be read

as to the time when the activation order is made;

(b)
any reference to “the initial sentence” is to the initial sentence as

defined by this subsection;

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(c)
any reference to “the award” in subsections (4) to (7) is to the award

of service detention to which the activation order relates (with any

modification of its term made by the activation order);

(d)
the reference in subsection (8) to the award mentioned in section

290(1)(a) is to be read as to the activation order; and

(e)
in subsection (9)—

(i)
the reference to the award is to be read as to the activation

order; and

(ii)
the reference to another punishment is to be read as to

another order under section 192(3).”
Clause 332
47
Page 167, line 30, after “complaint” insert “, or an application of a kind mentioned

in subsection (4)(c) or (e),”
After Clause 335
48
Insert the following new Clause—

“Role of Service Complaints Commissioner

Referral by Service Complaints Commissioner of certain allegations

(1)
This section applies where the Service Complaints Commissioner (“the

Commissioner”) considers that any communication made to him contains

an allegation that a person named in such a communication—

(a)
is subject to service law and has been wronged in a prescribed way;

or

(b)
was wronged in such a way while he was so subject.

(2)
The Commissioner may refer the allegation to the officer whom he

considers to be the relevant officer.

(3)
If the allegation is referred under subsection (2), the officer to whom it is

referred must as soon as is reasonably practicable—

(a)
inform the person that the allegation has been so referred;

(b)
ensure that the person is aware of—

(i)
the procedure for making a service complaint; and

(ii)
the effect on the making of service complaints of any

regulations made by virtue of section 332(5)(b) (time limits

for service complaints); and

(c)
ascertain whether he wishes to make a service complaint in respect

of the alleged wrong.

(4)
Regulations made by the Secretary of State must provide that where the

allegation is referred under subsection (2), the prescribed person must

within the prescribed period notify the Commissioner of prescribed

matters.

(5)
In this section—

“prescribed” means prescribed by regulations made by the Secretary

of State;

11

“relevant officer” means the officer to whom a service complaint made

by the person in respect of the alleged wrong is (under regulations

made under section 332) to be made;

“service complaint” has the same meaning as in that section.”
49
Insert the following new Clause—

“Reports by Commissioner on system for dealing with service complaints etc

(1)
The Service Complaints Commissioner (“the Commissioner”) must

prepare and give to the Secretary of State, as soon as practicable after the

end of each relevant period, a report as to—

(a)
the efficiency, effectiveness and fairness with which the system

under this Part for dealing with service complaints has operated

during that period;

(b)
the exercise by the Commissioner during that period of his function

under section (Referral by Service Complaints Commissioner of certain

allegations) of referring allegations; and

(c)
such other aspects of the system mentioned in paragraph (a), and

such matters relating to the function mentioned in paragraph (b), as

the Commissioner considers appropriate or the Secretary of State

may direct.

(2)
The Secretary of State must lay before Parliament each report under

subsection (1) received by him.

(3)
The Secretary of State may exclude from any report laid under subsection

(2) any material whose publication he considers—

(a)
would be against the interests of national security; or

(b)
might jeopardise the safety of any person.

(4)
The Secretary of State may require the Commissioner to prepare and give

to him a report on—

(a)
any aspect of the system mentioned in subsection (1)(a);

(b)
any matter relating to the function mentioned in subsection (1)(b).

(5)
In this section—

“relevant period” means a period of one year beginning with—

(a)
the date this section comes into force; or

(b)
an anniversary of that date;

“service complaint” has the same meaning as in section 332.”
Clause 348
50
Page 178, line 5, leave out “Supreme Court” and insert “Court of Judicature”
After Clause 354
51
Insert the following new Clause—