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Armed Forces Bill


Armed Forces Bill

1

 

A

Bill

To

Continue the Armed Forces Act 2006; to amend that Act and other enactments

relating to the armed forces and the Ministry of Defence Police; to amend the

Visiting Forces Act 1952; to enable judge advocates to sit in civilian courts; to

repeal the Naval Medical Compassionate Fund Act 1915; and for connected

purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Duration of Armed Forces Act 2006

1       

Duration of Armed Forces Act 2006

For section 382 of AFA 2006 (duration of armed forces legislation) substitute—

“382    

Duration of this Act

(1)   

This Act expires at the end of one year beginning with the day on which

5

the Armed Forces Act 2011 is passed (but this is subject to subsection

(2)).

(2)   

Her Majesty may by Order in Council provide that, instead of expiring

at the time it would otherwise expire, this Act shall expire at the end of

a period of not more than one year from that time.

10

(3)   

Such an Order may not provide for the continuation of this Act beyond

the end of the year 2016.

(4)   

No recommendation may be made to Her Majesty in Council to make

an Order under subsection (2) unless a draft of the Order has been laid

before, and approved by resolution of, each House of Parliament.”

15

 

Bill 122                                                                                                

55/1

 
 

Armed Forces Bill

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Armed forces covenant report

2       

Armed forces covenant report

After section 359 of AFA 2006 insert—

“359A   

Armed forces covenant report

(1)   

The Secretary of State must in each calendar year—

5

(a)   

prepare an armed forces covenant report; and

(b)   

lay a copy of the report before Parliament.

(2)   

An armed forces covenant report is a report about effects of

membership, or former membership, of the armed forces on service

people, or particular descriptions of such people—

10

(a)   

in the fields of healthcare, education and housing; and

(b)   

in such other fields as the Secretary of State may determine.

(3)   

In this section “service people” means—

(a)   

members of the regular forces and the reserve forces;

(b)   

members of British overseas territory forces who are subject to

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service law;

(c)   

former members of any of Her Majesty’s forces who are

ordinarily resident in the United Kingdom; and

(d)   

relevant family members.

(4)   

In this section—

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“British overseas territory force” means any of Her Majesty’s

forces that is raised under the law of a British overseas territory;

“membership or former membership” of a force, in relation to a

person, includes any service in that force that that person is

undertaking, undertook or may be expected to be called on to

25

undertake;

“relevant family members” means such descriptions of persons

connected with service members, or with persons who were

service members, as the Secretary of State considers should be

covered by a report or part of a report;

30

“service member” means a person who falls within any of

paragraphs (a) to (c) of subsection (3).

(5)   

In this section any reference to membership or former membership of

the armed forces is to be read, in relation to a person who is—

(a)   

a service member, or

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(b)   

a relevant family member by reason of connection with a person

who is or was a service member,

   

as a reference to the service member’s membership or former

membership of a force mentioned in subsection (3).

(6)   

In relation to any particular description of service people covered by a

40

report, the reference in subsection (2)(a) to the fields of healthcare,

education and housing is to such of those fields as the Secretary of State

considers are ones in which people of that description are affected by

membership or former membership of the armed forces.”

 
 

Armed Forces Bill

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Service Police and Ministry of Defence Police

3       

Provost Marshal’s duty in relation to independence of investigations

After section 115 of AFA 2006 insert—

“Provost Marshal’s duty in relation to independence of investigations

115A    

Provost Marshal’s duty in relation to independence of investigations

5

(1)   

This section applies in relation to each service police force.

(2)   

The Provost Marshal of the force has a duty, owed to the Defence

Council, to seek to ensure that all investigations carried out by the force

are free from improper interference.

(3)   

“Improper interference” includes, in particular, any attempt by a

10

person who is not a service policeman to direct an investigation which

is being carried out by the force.”

4       

Inspection of service police investigations

After section 321 of AFA 2006 insert—

“Chapter 4A

15

Inspection of service police investigations

321A    

Inspection of service police investigations

(1)   

Her Majesty’s Inspectors of Constabulary (“the inspectors”) are to inspect,

and report to the Secretary of State on, the independence and effectiveness of

investigations carried out by each service police force.

20

(2)   

In this section “investigations” means investigations of matters where

service offences have or may have been committed, and includes

investigations outside the United Kingdom.

(3)   

For the purposes of subsection (1) the inspectors may—

(a)   

undertake such number of inspections as they think

25

appropriate;

(b)   

undertake inspections when they think it appropriate; and

(c)   

decide which aspects of, or matters related to, investigations by

a service police force are to be the subject of a particular

inspection;

30

   

but this is subject to subsection (4).

(4)   

The Secretary of State may at any time require the inspectors to inspect,

and report to the Secretary of State on, any or all of the following—

(a)   

the independence of investigations carried out by a particular

service police force;

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(b)   

the effectiveness of such investigations;

(c)   

a particular aspect of, or matter related to, such investigations.

 
 

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321B    

Inspectors’ reports to be laid before Parliament

(1)   

The Secretary of State must lay before Parliament each report made

under section 321A.

(2)   

The Secretary of State may exclude from a report laid before Parliament

under this section any material whose publication, in the Secretary of

5

State’s opinion—

(a)   

would be against the interests of national security; or

(b)   

might jeopardise the safety of any person.”

5       

Provost Marshals: appointment

(1)   

After section 365 of AFA 2006 insert—

10

“Provost Marshals

365A    

Provost Marshals: appointment

(1)   

No appointment of a person to be Provost Marshal of a service police

force may be made except by Her Majesty.

(2)   

To be eligible for appointment as a Provost Marshal, a person must be

15

a provost officer.”

6       

Ministry of Defence Police: performance regulations

In section 3A of the Ministry of Defence Police Act 1987 (regulations relating to

disciplinary matters), in each of subsections (1)(a) and (1A) after “conduct”

insert “, efficiency and effectiveness”.

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Powers of entry, search and seizure

7       

Power of judge advocate to authorise entry and search

For section 83 of AFA 2006 (power of judge advocate to authorise entry and

search) substitute—

“83     

Power of judge advocate to authorise entry and search

25

(1)   

On an application made by a service policeman, a judge advocate may,

if the relevant requirements are met, issue a warrant authorising a

service policeman to enter and search—

(a)   

one or more sets of premises specified in the application; or

(b)   

any relevant residential premises occupied or controlled by a

30

person specified in the application, including such sets of

premises as are so specified.

(2)   

The relevant requirements are met (subject to subsection (3)) if the

judge advocate is satisfied that each set of premises specified in the

application is relevant residential premises and that there are

35

reasonable grounds for believing—

(a)   

that a relevant offence has been committed;

 
 

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(b)   

that material which is likely to be of substantial value (whether

by itself or together with other material) to the investigation of

the offence is—

(i)   

in the case of a warrant authorising entry and search of

specified premises, on those premises;

5

(ii)   

in the case of a warrant authorising entry and search of

any relevant residential premises occupied or controlled

by a specified person, on one or more sets of such

premises occupied or controlled by that person;

(c)   

that the material would be likely to be admissible in evidence at

10

a trial for the offence;

(d)   

that it does not consist of or include items subject to legal

privilege, excluded material or special procedure material; and

(e)   

that at least one of the conditions specified in subsection (4)

applies in relation to each set of premises specified in the

15

application.

(3)   

If the application is for a warrant authorising entry and search of any

relevant residential premises occupied or controlled by a specified

person, the judge advocate must also be satisfied—

(a)   

that, because of the particulars of the offence mentioned in

20

subsection (2)(a), there are reasonable grounds for believing

that in order to find the material mentioned in subsection (2)(b)

it is necessary to search relevant residential premises that are

occupied or controlled by the person in question and are not

specified in the application; and

25

(b)   

that it is not reasonably practicable to specify in the application

all the relevant residential premises that the person occupies or

controls and that might need to be searched.

(4)   

The conditions mentioned in subsection (2)(e) are—

(a)   

that it is not practicable to communicate with any person

30

entitled to grant entry to the premises;

(b)   

that it is practicable to communicate with a person entitled to

grant entry to the premises, but it is not practicable to

communicate with any person entitled to grant access to the

evidence;

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(c)   

that entry to the premises will not be granted unless a warrant

is produced;

(d)   

in the case of service living accommodation within section

96(1)(b) or (c)—

(i)   

that it is not practicable to communicate with the person

40

or (as the case may be) any of the persons for whom the

accommodation is provided; or

(ii)   

that there is no such person with whom it is practicable

to communicate who will agree to grant access to the

accommodation without the production of a warrant;

45

(e)   

that the purpose of a search may be frustrated or seriously

prejudiced unless a service policeman arriving at the premises

can secure immediate entry to them.

(5)   

A warrant under this section may authorise entry to and search of

premises on more than one occasion if, on the application for the

50

warrant, the judge advocate is satisfied that it is necessary to authorise

 
 

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multiple entries in order to achieve the purpose for which the warrant

is issued.

(6)   

If the warrant authorises multiple entries, the number of entries

authorised may be unlimited, or limited to a maximum.

(7)   

A service policeman may seize and retain anything for which a search

5

has been authorised under subsection (1).”

8       

Power to make provision about access to excluded material etc

(1)   

Section 86 of AFA 2006 (power to make provision about access to excluded

material etc) is amended as follows.

(2)   

For subsections (1) and (2) substitute—

10

“(1)   

The Secretary of State may by order make provision that enables a

service policeman, for the purposes of an investigation of a relevant

offence and by making an application to a judge advocate in accordance

with the order—

(a)   

to obtain access to excluded material or special procedure

15

material on relevant residential premises; or

(b)   

to obtain access to material (other than items subject to legal

privilege) on premises other than relevant residential premises.

(2)   

An order under this section (an “enabling order”) may in particular—

(a)   

so far as it relates to obtaining access to material on relevant

20

residential premises, make provision equivalent to any

provision of Schedule 1 to PACE (special procedure for

obtaining production orders and warrants);

(b)   

so far as it relates to obtaining access to material on premises

other than relevant residential premises, make provision

25

equivalent to any provision of paragraphs 1 to 11 of that

Schedule (special procedure for obtaining production orders);

(c)   

make provision equivalent to section 311(2) and (3) of this Act

(certification to civil court of offences akin to contempt) in

relation to a failure by a person within section 309(6) to comply

30

with an order made by a judge advocate under the enabling

order;

(d)   

authorise the use, in connection with any application made by

virtue of the enabling order, of live television or telephone links

or similar arrangements.

35

(2A)   

Any power under subsection (2) to make provision which is equivalent

to another provision includes power to make provision which is

equivalent subject to such modifications as the Secretary of State

considers appropriate.”

(3)   

For subsection (4) substitute—

40

“(4)   

In this section the following expressions have the meanings given by

section 84—

“excluded material”;

“items subject to legal privilege”;

“relevant offence”;

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“special procedure material”.”

 
 

 
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