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House of Lords

Session 2005 - 06 Internet Publications Other Bills before Parliament

Armed Forces Bill

Armed Forces Bill
EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Ministry of Defence, are published
separately as HL Bill 113—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
The Lord Drayson has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:
In my view the provisions of the Armed Forces Bill are compatible with the
Convention rights.
HL Bill 113 - I                                                                                          54/1
Armed Forces Bill
The Bill is divided into two volumes. Volume I contains the Clauses. Volume II
contains the Schedules to the Bill.
Contents
First Group of Parts
Discipline
Part 1
Offences
Assisting an enemy, misconduct on operations etc
1    Assisting an enemy
2    Misconduct on operations
3    Obstructing operations
4    Looting
5    Failure to escape etc
Mutiny
6    Mutiny
7    Failure to suppress mutiny
Desertion and absence without leave
8    Desertion
9    Absence without leave
10    Failure to cause apprehension of deserters or absentees
Insubordination etc
11    Misconduct towards a superior officer
12    Disobedience to lawful commands
13    Contravention of standing orders
14    Using force against a sentry etc
Neglect of duty and misconduct
15    Failure to attend for or perform duty etc
HL Bill 113 – I                                                                                          54/1
Armed Forces Bill (Volume I) ii
16    Malingering
17    Disclosure of information useful to an enemy
18    Making false records etc
19    Conduct prejudicial to good order and discipline
20    Unfitness or misconduct through alcohol or drugs
21    Fighting or threatening behaviour etc
22    Ill-treatment of subordinates
23    Disgraceful conduct of a cruel or indecent kind
Property offences
24    Damage to or loss of public or service property
25    Misapplying or wasting public or service property
26    Sections 24 and 25: “public property” and “service property”
Offences against service justice
27    Obstructing or failing to assist a service policeman
28    Resistance to arrest etc
29    Offences in relation to service custody
30    Allowing escape, or unlawful release, of prisoners etc
Ships and aircraft
31    Hazarding of ship
32    Giving false air signals etc
33    Dangerous flying etc
34    Low flying
35    Annoyance by flying
36    Inaccurate certification
37    Prize offences by officer in command of ship or aircraft
38    Other prize offences
Attempts, incitement, and aiding and abetting
39    Attempts
40    Incitement
41    Aiding, abetting, counselling or procuring
Criminal conduct
42    Criminal conduct
43    Attempting criminal conduct
44    Trial of section 42 offence of attempt
45    Conspiring to commit criminal conduct
46    Inciting criminal conduct
47    Aiding, abetting, counselling or procuring criminal conduct
48    Provision supplementary to sections 43 to 47
49    Air Navigation Order offences
Armed Forces Bill (Volume I) iii
Part 2
Jurisdiction and Time Limits
Chapter 1
Jurisdiction
Court Martial
50    Jurisdiction of the Court Martial
Service Civilian Court
51    Jurisdiction of the Service Civilian Court
Commanding officers
52    Charges capable of being heard summarily
53    Offences that may be dealt with at a summary hearing
54    Charges which may be heard summarily only with permission or by senior
officer
Chapter 2
Time Limits for Commencing Proceedings
Time limits for offences other than Reserve Forces Act offences
55    Time limit for charging former member of a regular or reserve force
56    Time limit for charging certain members or former members of ex-regular
reserve forces
57    Time limit for charging person formerly subject to service law
58    Time limit for charging civilian formerly subject to service discipline
59    Time limit for charging offence under section 107
60    Time limit for charging offence under section 265
61    Sections 55 to 60: exceptions and interpretation
Time limit for Reserve Forces Act offences
62    Time limit for charging Reserve Force Act offences
Chapter 3
Double Jeopardy
63    Service proceedings barring subsequent service proceedings
64    Service proceedings barring subsequent civilian proceedings
65    Sections 63 and 64: supplementary
66    Civilian proceedings barring subsequent service proceedings
Armed Forces Bill (Volume I) iv
Part 3
Powers of Arrest, Search and Entry
Chapter 1
Arrest etc
Powers of arrest
67    Power of arrest for service offence
68    Section 67: supplementary
69    Power of arrest in anticipation of commission of service offence
Search on arrest
70    Search by service policeman upon arrest
71    Search by other persons upon arrest
72    Sections 70 and 71: supplementary
73    Seizure and retention after search upon arrest
74    Power to make provision conferring power to search premises at which
person arrested
Chapter 2
Stop and Search
75    Power of service policeman to stop and search persons, vehicles etc
76    Stop and search by persons other than service policemen
77    Sections 75 and 76: definitions
78    Places in which powers under sections 75 and 76 may be exercised
79    Sections 75 and 76: limitation on searching persons or vehicles in certain
gardens etc
80    Searches under sections 75 and 76: supplementary
81    Power to make further provision about searches under sections 75 and 76
82    Application of Chapter to ships and aircraft
Chapter 3
Powers of Entry, Search and Seizure
Entry for purposes of obtaining evidence etc
83    Power of judge advocate to authorise entry and search
84    Section 83: definitions
85    Section 83: power to make supplementary provision
86    Power to make provision as to access to excluded material etc
87    Power of CO to authorise entry and search by service policeman
88    Power of CO to authorise entry and search by other persons
89    Review by judge advocate of certain searches under section 87 or 88
Entry for purposes of arrest etc
90    Entry for purpose of arrest etc by a service policeman
Armed Forces Bill (Volume I) v
91    Entry for purpose of arrest etc by other persons
Additional powers of entry, search and seizure
92    Power to make provision conferring powers of entry and search after arrest
93    Power to make provision conferring power of seizure etc
Chapter 4
Supplementary
94    Property in possession of service police or CO
95    Saving provision
96    “Service living accommodation”, “premises” and other definitions
97    Power to use reasonable force
Part 4
Custody
Chapter 1
Custody without Charge
98    Limitations on custody without charge
99    Authorisation by commanding officer of custody without charge
100    Review of custody by commanding officer
101    Extension by judge advocate of custody without charge
102    Further provision about applications under section 101
103    Custody without charge: other cases
104    Custody without charge: supplementary
Chapter 2
Custody etc after Charge
Custody after charge
105    Custody after charge
106    Conditions A to D
107    Release from custody after charge
108    Review of custody after charge
109    Custody during proceedings of Court Martial or Service Civilian Court
Arrest after charge
110    Arrest after charge or during proceedings by order of commanding officer
111    Arrest during proceedings at direction of court
Chapter 3
Custody Proceedings Rules
112    Custody proceedings rules

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