Armed Forces Bill
THIRD
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 20th June 2006, as follows—
Clauses 162 and 163
Schedule 3
Clauses 164 to 168
Schedule 4
Clauses 169 to 180
Schedule 5
Clause 181
Schedule 6
Clauses 182 to 205
Schedule 7
Clauses 206 to 271
Schedule 8
Clauses 272 to 275
Schedule 9
Clauses 276 and 277 | Schedule 10
Clauses 278 to 319
Schedule 11
Clauses 320 to 347
Schedule 12
Clauses 348 and 349
Schedule 13
Clauses 350 to 354
Schedule 14
Clauses 355 to 363
Schedule 15
Clauses 364 to 371
Schedules 16 and 17
Clauses 372 to 378 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | THE LORD ASTOR OF HEVER
THE LORD CAMPBELL OF ALLOWAY |
| 132 | Page 78, line 3, at end insert— |
| "( ) | Court Martial rules must make provision for the majority of the Court Martial panel to be drawn from the defendant's own service." |
| | THE LORD THOMAS OF GRESFORD
THE LORD GARDEN |
| 133 | Page 78, line 5, at end insert— |
| "( ) | for the preparation and delivery of standard briefing notes to the prospective members of the court;" |
| 134 | Page 78, line 20, at end insert— |
| "(ga) | for the variation by the court of a sentence passed by it or the variation or rescission by it of an order made by it;" |
| 134A | Page 78, line 21, leave out paragraph (h) and insert— |
| (i) | against any orders (including directions) of the court prohibiting or restricting the publication of any matter or excluding the public from any proceedings (whether made in preliminary proceedings or otherwise); |
| (ii) | against any other orders or rulings made in proceedings preliminary to a trial;" |
| 135 | Page 79, line 5, at end insert— |
| "( ) | Rules made by virtue of subsection (3)(ga) may make provision about the commencement of sentences or orders varied by the court (including provision conferring on the court a power to direct that a sentence shall take effect otherwise than as mentioned in section 288(1))." |
| 136 | Page 79, line 22, column 3, at beginning insert— |
| | "not without dismissal, with or without disgrace, from Her Majesty's service" |
| 137 | Page 80, line 28, at end insert— |
| "( ) | The court may not award a sentence of imprisonment exceeding two years unless the court is composed of at least five officers." |
| 138 | Page 196, line 11, column 3, at beginning insert— |
| | "not without dismissal, with or without disgrace, from Her Majesty's service" |
| 139 | Page 197, line 15, column 3, at beginning insert— |
| | "not without dismissal, with or without disgrace, from Her Majesty's service" |
| 139A | Insert the following new Clause— |
| | "Sentencing powers of Court Martial where election for trial by that court instead of CO |
| (1) | For the purposes of this section, an offence of which a person is convicted or acquitted is "relevant" if— |
| (a) | the charge in respect of the offence is one as regards which the person elected Court Martial trial under section 128 (whether or not the charge was amended after election); |
| (b) | the charge in respect of the offence was— |
| (i) | brought under section 124 in addition to a charge as regards which the person so elected; or |
| (ii) | substituted for a charge as regards which the person so elected, or for a charge within sub-paragraph (i), or for a charge so substituted; or |
| (c) | the person elected Court Martial trial as regards a charge in respect of another offence and conditions prescribed by Court Martial rules are met. |
| (a) | the Court Martial convicts a person of an offence which is relevant by virtue of subsection (1)(a), and |
| (b) | subsection (4) (multiple relevant offences) does not apply, |
| | the sentence passed in respect of the offence must be such that the commanding officer could have awarded the punishments awarded by that sentence if he had heard the charge summarily and had recorded a finding that the charge had been proved. |
| (3) | In subsection (2) "the commanding officer" means the commanding officer who would have heard the charge if no election under section 128 had been made. |
| (4) | This subsection applies where the court convicts a person of two or more relevant offences the charges in respect of which— |
| (a) | would have been heard summarily together if no election under section 128 had been made; or |
| (b) | are under Court Martial rules to be treated as if they would have been so heard. |
| (5) | Court Martial rules may make provision about the sentencing powers available to the Court Martial— |
| (a) | where subsection (4) applies; |
| (b) | where the court convicts a person of an offence which is relevant by virtue of subsection (1)(b) or (c). |
| (6) | Court Martial rules may make provision— |
| (a) | about the sentencing principles that the Court Martial is to apply in relation to— |
| (i) | the sentencing of an offender for one or more relevant offences; or |
| (ii) | the sentencing of an offender for an offence with which a relevant offence is associated; |
| (b) | restricting the orders that the court may make by virtue of a conviction or acquittal of a relevant offence, including provision— |
| (i) | preventing the court from making an order of a particular kind; |
| (ii) | restricting the provision that may be made by an order of a particular kind; |
| (c) | in relation to any case where a person is convicted of a relevant offence,— |
| (ii) | excluding or restricting powers relating to review of sentence. |
| (7) | Rules made by virtue of this section may modify or exclude— |
| (a) | any provision of or made under this Act (including section 254); |
| (b) | any provision of the Court Martial Appeals Act 1968." |
| | The Lord Drayson gives notice of his intention to oppose the Question that Clause 164 stand part of the Bill. |
| | THE LORD THOMAS OF GRESFORD
THE LORD GARDEN |
| 140 | Insert the following new Clause— |
| (1) | The sentence passed by the Court Martial shall be determined by the judge advocate. |
| (2) | In determining the appropriate sentence, the judge advocate shall consult the members of the Court Martial." |
| 141 | Page 88, line 9, at end insert— |
| "( ) | No person subject to service law may be required to pay for loss or damage to service equipment except by means of a service compensation order." |
| 142 | Page 93, line 16, leave out "section 281 or" |
| 143 | Page 93, line 21, leave out "section 281 or" |
| 144 | Page 97, line 44, at end insert— |
| "( ) | Any provision included by virtue of subsection (4) in an order made by an officer has effect subject to section (Commencement of suspended sentence activated by CO) (postponement of commencement of suspended sentence on activation by CO)." |
| 145 | Page 99, line 20, at end insert— |
| "( ) | In determining in any case— |
| (a) | whether to substitute an order under section 192, or |
| (b) | the terms of any such substituted order, |
| | the Summary Appeal Court must take account of any period of the suspended sentence that the appellant served." |
| 146 | Page 117, line 12, at end insert "and morale" |
| | THE LORD GARDEN
THE LORD THOMAS OF GRESFORD |
| 147 | Page 117, line 19, after "have" insert "particular" |
| 148 | Page 121, line 40, after "custody" insert "in connection with the offence in question or any related offence" |
| 149 | Page 122, line 37, leave out "it takes effect" and insert "an order that it shall take effect is made" |
| 150 | Page 122, line 38, leave out "the order under which it takes effect" and insert "that order" |
| | THE LORD GARDEN
THE LORD THOMAS OF GRESFORD |
| 151 | Page 123, line 31, at end insert— |
| "( ) | The court must take note of the variation in consequential effects of particular reductions in rank such as from senior to junior non-commissioned officer." |
| 152 | Page 123, line 34, after "fine" insert "exceeding the equivalent of seven days' pay" |
| 153 | Page 123, line 40, leave out subsection (3) |
| | THE LORD GARDEN
THE LORD THOMAS OF GRESFORD |
| 154 | Page 125, line 34, leave out subsection (3) |
| 155 | Page 125, line 34, leave out "may" and insert "shall" |
| 156 | Page 135, line 32, at end insert— |
| "( ) | Where a civilian court sentences a member of Her Majesty's forces it must, before determining the sentence, consider all the effects of the sentence on the offender's career." |
| | THE LORD THOMAS OF GRESFORD
THE LORD GARDEN |
| 156A | Page 219, line 11, at end insert— |
| | "After section 36C insert— |
| "36D | Appeal against orders restricting publicity etc. |
| (1) | A person aggrieved may appeal to the Court Martial Appeal Court, if that court grants leave, against— |
| (a) | an order under section 4 or 11 of the Contempt of Court Act 1981 made in relation to any trial by the Court Martial; |
| (b) | any order restricting the access of the public to the whole or any part of a trial by the Court Martial or to any proceedings ancillary to such a trial; and |
| (c) | any order restricting the publication of any report of the whole or any part of a trial on indictment or any such ancillary proceedings; |
| | and the decision of the Court Martial Appeal Court shall be final. |
| (2) | On an application for leave to appeal under this section, a judge shall have power to give such directions as appear to him to be appropriate and, without prejudice to the generality of this subsection, power— |
| (a) | to order the production in court of any transcript or note of proceedings or other document; |
| (b) | to give directions as to persons who are to be parties to the appeal or who may be parties to it if they wish and as to service of documents on any person; |
| | and the Court Martial Appeal Court shall have the same powers as the single judge. |
| (3) | Subject to rules of court made by virtue of subsection (5) below, any party to an appeal under this section may give evidence before the Court Martial Appeal Court orally or in writing. |
| (4) | On the hearing of an appeal under this section the Court Martial Appeal Court shall have power— |
| (a) | to stay any proceedings in any other court until after the appeal is disposed of; |
| (b) | to confirm, reverse or vary the order complained of; and |
| (c) | to make such order as to costs as it thinks fit. |
| (5) | Without prejudice to the generality of section 84 of the Supreme Court Act 1981, rules of court may make in relation to trials satisfying specified conditions, special provision as to the practice and procedure to be followed in relation to hearings in camera and appeals from orders for such hearings and may in particular, but without prejudice to the generality of this subsection, provide that subsection (3) above shall not have effect."" |
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