Armed Forces Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

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.”