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Armed Forces Bill


Armed Forces Bill
Schedule 3 — Minor amendments of service legislation

43

 

(a)   

a charge is amended under section 123(2)(a);

(b)   

a charge is substituted for another charge under section

123(2)(b); or

(c)   

an additional charge is brought under section 123(2)(c).

(3)   

Any application for or grant of extended powers which is made in

5

the period between—

(a)   

the making of the amendment, substitution or addition, and

(b)   

the time when the summary hearing is proceeded with after

the amendment, substitution or addition,

   

is to be treated for the purposes of sections 133(3), 134(2) and 135(5)

10

as made within the relevant time.”

12         

In section 136 of AFA 2006 (maximum amount of fine), for subsections (1) to

(3) substitute—

“(1)   

The maximum amount of a fine that a commanding officer may

award is 28 days’ pay.”

15

13         

In section 153(2) of AFA 2006 (powers to make rules relating to summary

hearings etc), in each of paragraphs (d) and (e) after “applications for” insert

“, and grants of,”.

Activation of suspended sentence of service detention

14         

In each of sections 190(1)(a), 191(2)(b) and 193(2)(b) of AFA 2006

20

(circumstances where suspended sentence may be activated), for “an offence

in the British Islands” substitute “an offence under the law of any part of the

British Islands”.

15    (1)  

Section 194 of AFA 2006 (limits on commanding officer’s powers to activate

suspended sentence) is amended as follows.

25

      (2)  

In subsection (4) for “before the relevant time” substitute “within the

relevant time (defined by section 194A)”.

      (3)  

Omit subsection (6).

16         

After section 194 of AFA 2006 insert—

“194A   

Extended powers of activation: time for obtaining

30

(1)   

In section 194(4) “within the relevant time” means—

(a)   

where section 193(2)(a) applies, before the start of the

summary hearing of the charge mentioned there (but this is

subject to subsections (2) and (3));

(b)   

where section 193(2)(b) applies, before the start of the hearing

35

as to whether an order under section 193 should be made.

(2)   

Subsection (3) applies where the summary hearing of the charge

mentioned in section 193(2)(a) is one where, after the start of the

hearing—

(a)   

a charge is amended under section 123(2)(a);

40

(b)   

a charge is substituted for another charge under section

123(2)(b); or

(c)   

an additional charge is brought under section 123(2)(c).

 
 

Armed Forces Bill
Schedule 3 — Minor amendments of service legislation

44

 

(3)   

Any application for or grant of extended powers which is made in

the period between—

(a)   

the making of the amendment, substitution or addition, and

(b)   

the time when the summary hearing is proceeded with after

the amendment, substitution or addition,

5

   

is to be treated for the purposes of section 194(4) as made within the

relevant time.”

Suspended sentences of imprisonment

17         

In section 200(5) of AFA 2006 (suspended sentences of imprisonment), in

paragraph (b) of the words treated as substituted, for “in the British Islands”

10

substitute “under the law of any part of the British Islands”.

Detention and training orders

18         

In section 213 of AFA 2006 (application to service detention and training

orders of provisions relating to civilian orders)—

(a)   

in the second paragraph of subsection (1), after “105,” insert “106(4)

15

to (6),”;

(b)   

in subsection (2), after “(13)” insert “, 106(6)”.

19         

In section 214(2)(b) of AFA 2006 (offences during currency of detention and

training order), for “an offence in the British Islands” substitute “an offence

under the law of any part of the British Islands”.

20

Restrictions on community punishments

20    (1)  

In section 270 of AFA 2006 (general restrictions on community

punishments), for subsections (7) and (8) substitute—

“(7)   

Subsections (1) and (2)(b) are subject to section 270A.”

      (2)  

After that section insert—

25

“270A   

Exception to restrictions on community punishments

(1)   

If the conditions in subsection (2) are met, the power to award a

community punishment in respect of an offence (“the current

offence”) may be exercised even though the court would not

otherwise regard—

30

(a)   

the current offence, or

(b)   

the combination of the current offence and one or more

offences associated with it,

   

as serious enough to warrant a community punishment (despite the

effect of section 238(1)(b)).

35

(2)   

The conditions referred to in subsection (1) are—

(a)   

that the offender was aged 16 or over when convicted of the

current offence;

(b)   

that on three or more previous occasions the offender has

been awarded a relevant financial penalty; and

40

(c)   

that the court, having regard to all the circumstances,

considers that it would be in the interests of justice to award

a community punishment.

 
 

Armed Forces Bill
Schedule 3 — Minor amendments of service legislation

45

 

(3)   

In subsection (2)(b) a “relevant financial penalty” means a sentence

consisting only of a fine—

(a)   

passed on the offender in respect of a service offence, or

member State service offence, committed by the offender

when aged 16 or over;

5

(b)   

passed on the offender on conviction by a civilian court in the

British Islands of an offence so committed; or

(c)   

passed on the offender on conviction by a civilian court in

another member State of a relevant offence so committed.

(4)   

For the purposes of subsection (2)(b) it is immaterial whether the

10

offender has on other previous occasions been awarded a sentence

other than a relevant financial penalty.

(5)   

The circumstances which must be had regard to under subsection

(2)(c) include—

(a)   

the nature of the offences for which the relevant financial

15

penalties were awarded;

(b)   

the relevance of those offences to the current offence; and

(c)   

the time that has elapsed since those penalties were awarded.

(6)   

For the purposes of subsection (3), none of the following forms part

of an offender’s sentence—

20

(a)   

a service compensation order;

(b)   

a compensation order under—

(i)   

section 130 of the Sentencing Act;

(ii)   

section 249 of the Criminal Procedure (Scotland) Act

1995; or

25

(iii)   

Article 14 of the Criminal Justice (Northern Ireland)

Order 1994;

(c)   

a surcharge under section 161A of the 2003 Act.

(7)   

This section does not limit the extent to which a court may, in

accordance with section 238, treat previous convictions of the

30

offender as increasing the seriousness of an offence.

(8)   

In this section—

(a)   

“member State service office” means an offence which—

(i)   

was the subject of proceedings under the law

governing all or any of the naval, military or air forces

35

of a member State other than the United Kingdom;

and

(ii)   

would constitute a service offence or an offence under

the law of any part of the United Kingdom if it were

committed in any part of the United Kingdom, by a

40

person subject to service law, at the time of the

conviction of the current offence;

(b)   

“relevant offence” means an offence which would constitute

an offence under the law of any part of the United Kingdom

if it were committed in any part of the United Kingdom at the

45

time of the conviction of the current offence.”

      (3)  

In consequence of the amendments made by this paragraph, paragraphs

26(3) and (4) and 27 of Schedule 25 to the Criminal Justice and Immigration

 
 

Armed Forces Bill
Schedule 3 — Minor amendments of service legislation

46

 

Act 2008 (which amend AFA 2006 but have not been commenced) are

omitted.

Definition of “period when unlawfully at large”

21         

In section 301(5) of AFA 2006 (duration of sentences: persons unlawfully at

large), for the definition of “period when the person is unlawfully at large”

5

substitute—

“period when the person is unlawfully at large” means (subject

to any rules made by virtue of section 300(2)(g))—

(a)   

the period beginning with the day when the person

becomes unlawfully at large and ending with the day

10

when the person is taken back into custody (service or

otherwise) or returns to the place where the sentence

was being served; or

(b)   

in relation to a person who is absent when sentenced,

the period beginning with the day when the sentence

15

is passed and ending with the day when the person is

taken into custody (service or otherwise);”.

Persons treated as members of service police force

22         

Omit section 375(5) of AFA 2006 (Provost Marshal and other officers to be

taken to be members of appropriate service police force).

20

Power to make transitional provision under AFA 2006

23         

In section 380 of AFA 2006 (power to make transitional provision in

connection with the coming into force of that Act), after subsection (8)

insert—

“(8A)   

The power under subsection (1) to make transitional provision in

25

connection with the coming into force of any provision made by or

under this Act includes power, where this Act or any provision made

under it is amended, to amend any earlier order under this section.”

Activation of suspended sentence of imprisonment

24    (1)  

Schedule 7 to AFA 2006 (suspended prison sentence: further conviction etc)

30

is amended as follows.

      (2)  

Paragraph 6 becomes sub-paragraph (1) of that paragraph.

      (3)  

In paragraph (a) of that sub-paragraph, for “an offence in the British Islands”

substitute “an offence under the law of any part of the British Islands”.

      (4)  

After that sub-paragraph insert—

35

    “(2)  

Anything that under section 376(1) and (2) of this Act is to be

treated as a conviction for the purposes of this Act is also to be

treated as a conviction for the purposes of paragraph 8(1)(b) of

that Schedule as modified by this paragraph.”

 
 

 
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