Armed Forces Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 21

 

THE LORD ASTOR OF HEVER

44Page 10, line 1, after "abusive," insert "harassing,"
45Page 10, line 1, leave out "and" and insert "or"
46Page 10, line 3, after second "be" insert "or may be thought to be,"
47Page 10, line 4, after "abusive," insert "harassing,"
48Page 10, line 7, after "to" insert—
"(a)  a service restraining order under section 228 of this Act; or
(b)  "
 

Clause 22

 

THE EARL ATTLEE

49Page 10, line 20, at end insert "; or
(c)  A purports to be a superior officer of B"
 

Clause 24

 

THE LORD DRAYSON

50Page 10, line 35, leave out subsections (1) to (3) and insert—
"(1)  A person subject to service law commits an offence if—
(a)  he does an act that causes damage to or the loss of any public or service property or any property belonging to another person subject to service law; and
(b)  either—
(i)  he intends to cause damage to or the loss of the property, and there is no lawful excuse for his act; or
(ii)  he is reckless as to whether he causes damage to or the loss of the property.
(2)  A person subject to service law commits an offence if—
(a)  negligently, he does an act that causes damage to or the loss of any public or service property; or
(b)  he does an act that is likely to cause damage to or the loss of any public or service property and—
(i)  he is reckless as to whether he causes damage to or the loss of the property; or
(ii)  he is negligent."
51Page 11, line 20, leave out paragraphs (a) and (b) and insert—
"(a)  in the case of an offence under subsection (1), ten years;
(b)  in the case of an offence under subsection (2), two years."
 

Clause 25

 

THE LORD GARDEN
THE LORD THOMAS OF GRESFORD

52Page 11, line 26, after "he" insert "knowingly"
53Page 11, line 29, at end insert—
"(   )  Subsection (1) does not apply if the person was ordered to carry out the action by a superior officer."
 

Clause 31

 

THE LORD DRAYSON

54Page 13, line 38, leave out subsections (1) and (2) and insert—
"(1)  A person subject to service law commits an offence if he does an act that causes the hazarding of any of Her Majesty's ships and—
(a)  he intends to cause damage to or the stranding or loss of the ship, and there is no lawful excuse for his act; or
(b)  he is reckless as to whether he causes damage to or the stranding or loss of the ship."
55Page 14, line 16, leave out "or (2)"
 

Clause 33

 

THE LORD DRAYSON

56Page 14, line 36, leave out paragraph (b) and insert—
"(b)  either—
(i)  he intends to cause loss of life or injury to any person, and there is no lawful excuse for his act; or
(ii)  he is reckless as to whether he causes loss of life or injury to any person.
(1A)  A person subject to service law commits an offence if, negligently, he does an act—
(a)  when flying or using an aircraft, or
(b)  in relation to an aircraft or aircraft material,
  that causes or is likely to cause loss of life or injury to any person."
57Page 15, line 10, leave out paragraphs (a) and (b) and insert—
"(a)  in the case of an offence under subsection (1), may be for life;
(b)  in the case of an offence under subsection (1A), must not exceed two years."
 

Clause 34

 

THE LORD GARDEN
THE LORD THOMAS OF GRESFORD

58Page 15, line 25, at end insert "and authorised for the specific flight"
 

Clause 36

 

THE LORD GARDEN
THE LORD THOMAS OF GRESFORD

59Page 16, line 6, at end insert "; or
(   )  any of Her Majesty's combat vehicles"
 

Clause 42

 

THE LORD THOMAS OF GRESFORD
THE LORD GARDEN

60Page 18, line 28, at end insert—
"(   )  No civilian subject to service discipline under the age of 18 years may be prosecuted before the Court Martial for an offence under this section."
 The above-named Lords give notice of their intention to oppose the Question that Clause 42 stand part of the Bill.
 

Clause 43

 

THE LORD THOMAS OF GRESFORD
THE LORD GARDEN

 The above-named Lords give notice of their intention to oppose the Question that Clause 43 stand part of the Bill.
 

Clause 44

 

THE LORD THOMAS OF GRESFORD
THE LORD GARDEN

 The above-named Lords give notice of their intention to oppose the Question that Clause 44 stand part of the Bill.
 

Clause 45

 

THE LORD THOMAS OF GRESFORD
THE LORD GARDEN

 The above-named Lords give notice of their intention to oppose the Question that Clause 45 stand part of the Bill.
 

Clause 46

 

THE LORD THOMAS OF GRESFORD
THE LORD GARDEN

 The above-named Lords give notice of their intention to oppose the Question that Clause 46 stand part of the Bill.
 

Clause 47

 

THE LORD THOMAS OF GRESFORD
THE LORD GARDEN

 The above-named Lords give notice of their intention to oppose the Question that Clause 47 stand part of the Bill.
 

Clause 48

 

THE LORD THOMAS OF GRESFORD
THE LORD GARDEN

 The above-named Lords give notice of their intention to oppose the Question that Clause 48 stand part of the Bill.
 

Clause 49

 

THE LORD THOMAS OF GRESFORD
THE LORD GARDEN

 The above-named Lords give notice of their intention to oppose the Question that Clause 49 stand part of the Bill.
 

After Clause 49

 

THE LORD ASTOR OF HEVER
THE LORD CAMPBELL OF ALLOWAY

61Insert the following new Clause—
  "Rules of Engagement
(1)  Where Her Majesty's forces are to be engaged in an operation the Secretary of State shall draw up a document to be known as the Rules of Engagement ("the Rules").
(2)  The Secretary of State shall cause appropriate extracts from the Rules dealing with particular aspects of the Rules to be made and set out on cards ("Cards").
(3)  When approved by the Defence Council the Rules and any Cards shall have the force of law under this Act.
(4)  The Rules and the Cards may be revised by the Defence Council at any time in the course of the operation.
(5)  A copy of the Rules shall be distributed to the commanding officer of every unit engaged in the operation and to the service prosecuting authorities.
(6)  Cards shall be distributed as appropriate by commanding officers to all members of Her Majesty's forces engaged in the operation and to any attached civilians.
(7)  It shall be an absolute defence to any charge alleging misconduct to show that the conduct concerned fell within the Rules.
(8)  The Secretary of State may direct that the Rules be classified to the degree that he considers necessary for the conduct of operations and shall be exempt from disclosure accordingly.
      24(9)  Cards shall not be classified and copies of them shall be placed in the libraries of each House of Parliament."
 

THE LORD GARDEN
THE LORD THOMAS OF GRESFORD
[As an amendment to amendment 61]

62Line 24, at end insert—
"(10)  Where members of Her Majesty's forces are required to operate under the Rules of Engagement of another country, the Secretary of State shall specifically endorse those Rules, and any changes to them."
 

After Clause 50

 

THE LORD THOMAS OF GRESFORD
THE LORD GARDEN

63Insert the following new Clause—
  "Extra-territorial jurisdiction
  Where the courts of any part of the United Kingdom have extra-territorial jurisdiction under statute to try, determine or punish any service offence committed abroad, the person accused may elect to be tried in the United Kingdom for the offence."
 

Before Clause 52

 

THE EARL ATTLEE

64Insert the following new Clause—
  "Persons subject to military law
  Every person subject to military law shall readily be able to determine who is his commanding officer."
 

Clause 52

 

THE EARL ATTLEE

65Page 23, line 30, leave out "commander, lieutenant-colonel or wing commander" and insert "lieutenant, captain or flight lieutenant"
66Page 23, line 32, leave out "of or"
67Page 23, line 32, at end insert "; or
(   )  at least two ranks below the officer hearing the charge summarily"
68Page 24, line 16, at end insert—
"(   )  A member of a volunteer reserve force is always subject to service law when on a service base, ship or aircraft."
 

Clause 58

 

THE LORD DRAYSON

69Page 26, line 28, leave out subsections (5) and (6) and insert—
"(5)  Subsection (6) applies to a person—
(a)  who ceases to be a civilian subject to service discipline by reason only of—
(i)  leaving an area designated for the purposes of Schedule 15;
(ii)  entering the British Islands; or
(iii)  leaving an area which a designation under paragraph 7 of Schedule 15 specifies as an area that he must be in for the designation to apply to him; and
(b)  who is residing or staying in a qualifying place at the time he does so.
(6)  As regards that time, and for so long after that time as he continues—
(a)  to reside or stay in a qualifying place, and
(b)  to be a person who is not a civilian subject to service discipline but who would be such a civilian if he were in a qualifying place,
  he is to be treated for the purposes of this section (apart from subsection (5)) as being such a civilian.
(7)  In subsections (5) and (6) "in a qualifying place" means—
(a)  in relation to a person who falls within subsection (5)(a) by reason of leaving an area designated for the purposes of Schedule 15, in any such area;
(b)  in relation to a person who falls within subsection (5)(a) by reason of entering the British Islands, outside the British Islands;
(c)  in relation to a person who falls within subsection (5)(a) by reason of leaving an area mentioned in subsection (5)(a)(iii), in that area."
 

After Clause 60

 

THE LORD ASTOR OF HEVER
THE LORD LUKE

70Insert the following new Clause—
  "Time limit for charging Schedule 2 offences
(1)  Where an investigation has been opened by the service police under the authority of the Director of Service Prosecutions into an alleged Schedule 2 offence, the Director shall, except as otherwise provided in this section, bring the case to court or withdraw it within one year of the opening of that investigation.
(2)  Where the Director has reasonable grounds for seeking an extension of time for investigation and preparation of a case, he may, within one year of the opening of that investigation, apply to the court for an extension of time for that purpose.
(3)  On an application by the Director for an extension of time under subsection (2), the court may hear any related application on behalf of the defendant and shall grant an extension of not more than a further twelve months on such conditions as it considers appropriate.
(4)  In the event that the case is not brought to court before the conclusion of the period allowed (including any extension), the defendant may apply to the court to have the prosecution by the Director permanently stayed and for the case to be remitted to the commanding officer concerned for a summary hearing.
(5)  On the hearing of an application by the defendant under subsection (4), the court shall order accordingly.
(6)  For the purposes of this section a case shall be considered as "brought to court" on the day upon which the prosecution opens its case."

 
back to previous pagecontinue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2006
21 July 2006