Armed Forces Act 1991

SCHEDULES

Section 10.

SCHEDULE 1 Assessors of Compensation for Miscarriages of Justice

1 A person may only be appointed to be an assessor for the purposes of section 10 of this Act if he is—

(a) a person who has a 7 year general qualification, within the meaning of section 71 of the [1990 c. 41.] Courts and Legal Services Act 1990;

(b) an advocate or solicitor in Scotland;

(c) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years' standing;

(d) a person who holds or has held judicial office in any part of the United Kingdom; or

(e) a member (whether the chairman or not) of the Criminal Injuries Compensation Board.

2 A person shall hold and vacate office as an assessor in accordance with the terms of his appointment.

3 A person shall vacate office as an assessor—

(a) if he ceases to be qualified for appointment as an assessor, or

(b) on attaining the age of 72,

unless the Secretary of State considers that it is in the interests of the efficient operation of section 10 of this Act that he should continue to hold office.

4 A person may at any time resign his office as an assessor by giving the Secretary of State notice in writing to that effect.

5 Subject to paragraph 6 below, the Secretary of State may at any time remove a person from office as an assessor if satisfied that—

(a) he has been convicted of a criminal offence;

(b) he has become bankrupt, has made an arrangement with his creditors, has had his estate sequestrated or has granted a trust deed for his creditors or a composition contract;

(c) he is incapacitated by physical or mental illness; or

(d) he is otherwise unable or unfit to perform his duties.

6 The power conferred by paragraph 5 above shall only be exercisable,—

(a) in the case of a person who qualifies for appointment under paragraph 1(a) or paragraph 1(c) above, with the consent of the Lord Chancellor;

(b) in the case of a person who qualifies for appointment under paragraph 1(b) above, with the consent of the Lord President of the Court of Session;

(c) in the case of a person who qualifies for appointment under paragraph 1(d) above by virtue of holding or having held judicial office in England and Wales or Northern Ireland, with the consent of the Lord Chancellor; and

(d) in the case of a person who qualifies for appointment under paragraph 1(d) above by virtue of holding or having held judicial office in Scotland, with the consent of the Lord President of the Court of Session.

7 An assessor shall be paid such remuneration and allowances as the Secretary of State may, with the approval of the Treasury, determine.

Section 26.

SCHEDULE 2 Minor and Consequential Amendments

Removal of offender to United Kingdom before confirmation of sentence

1 In section 71AA(2) of each of the 1955 Acts (young service offenders: custodial orders) and in section 127(2) of each of those Acts (country in which sentence of imprisonment or detention to be served) the words “after the confirmation of the sentence is completed” shall be omitted.

Power to impose imprisonment for default in payment of fines

2 In section 71B of each of the 1955 Acts and in section 43B of the 1957 Act (power to impose imprisonment for default in payment of fines), in subsection (2) (which refers to the Table in section 31(3A) of the Powers of Criminal Courts Act 1973) for the words from “from time to time” to “the Magistrates' Courts Act 1980” there shall be substituted “for the time being in force”.

Evidence of child of tender years

3 (1) In section 93 of each of the 1955 Acts (administration of oaths)—

(a) in the proviso to subsection (2) (which relates to the evidence of a child of tender years and the corroboration thereof) the words from “so however” to the end of the proviso shall be omitted; and

(b) after subsection (2) there shall be inserted the following subsection—

“(2A) Unsworn evidence admitted by virtue of the proviso to subsection (2) above may corroborate evidence (sworn or unsworn) given by any other person.”

(2) In section 60 of the 1957 Act (administration of oaths)—

(a) the proviso to subsection (3) (which relates to the corroboration of evidence given by a child of tender years) shall be omitted; and

(b) after that subsection there shall be inserted the following subsection—

“(3A) Unsworn evidence admitted by virtue of subsection (3) above may corroborate evidence (sworn or unsworn) given by any other person.”

Rules of evidence

4 (1) In section 99 of each of the 1955 Acts (rules of evidence), in subsection (1) after the words “subject to section 99A below” there shall be inserted “to Schedule 13 to the Criminal Justice Act 1988 (evidence before courts-martial etc.)”.

(2) In the [1976 c. 52.] Armed Forces Act 1976, in Schedule 3 (Standing Civilian Courts), in paragraph 11 (rules of evidence) after the words “paragraph 12 below” there shall be inserted “and to Schedule 13 to the Criminal Justice Act 1988 (evidence before courts-martial etc.)”.

Finality of trials

5 (1) Each of the 1955 Acts shall be amended in accordance with the following provisions of this paragraph.

(2) In section 133 (jurisdiction of civil courts), in subsection (1) for the words “an offence substantially the same as that offence” there shall be substituted “the same, or substantially the same offence”.

(3) In section 134 (persons not to be tried under those Acts for offences already disposed of), in subsection (1) for the words “that offence” there shall be substituted “the same, or substantially the same offence”.

Enactments requiring fiat of Attorney General etc. in connection with proceedings

6 (1) In section 204A of each of the 1955 Acts (fiat of Attorney General etc. not required in connection with proceedings under the Act, other than subsections (1) and (3) of section 132) for the words “subsections (1) and (3)” there shall be substituted “subsection (3A)”.

(2) In section 129A of the 1957 Act (fiat of Attorney General etc. not required in connection with proceedings under the Act, other than section 52(3)(b)) for the words “section 52(3)(b)” there shall be substituted “section 52(3)”.

Recognizance by parent or guardian on conviction of civilian under 17

7 In Schedule 4A to the 1957 Act (powers of court on trial of civilian) in paragraph 14(1) (order requiring parent or guardian to enter into a recognizance in respect of person under 17 found guilty of an offence) for the amount specified as the maximum amount of the recognizance there shall be substituted “£1,000”.

Power of Courts-Martial Appeal Court to order retrial

8 In section 19 of the [1968 c. 20.] Courts-Martial (Appeals) Act 1968 (power to authorise retrial in certain cases), in subsection (1) the words from “the appeal against conviction” to “and” shall be omitted.

Compensation orders

9 (1) In section 38 of the [1973 c. 62.] Powers of Criminal Courts Act 1973 (effect of compensation order on subsequent award of damages in civil proceedings)—

(a) in subsection (1) after the words “compensation order” there shall be inserted “or a service compensation order or award”;

(b) in subsection (2) after the word “order” there shall be inserted “or award”; and

(c) at the end of the section there shall be added the following subsection—

“(3) In this section a “service compensation order or award” means—

(a) an order requiring the payment of compensation under paragraph 11 of Schedule 5A to the Army Act 1955, of Schedule 5A to the Air Force Act 1955 or of Schedule 4A to the Naval Discipline Act 1957; or

(b) an award of stoppages payable by way of compensation under any of those Acts.”

(2) In section 67 of the [1980 c. 62.] Criminal Justice (Scotland) Act 1980 (effect of compensation order on subsequent award of damages in civil proceedings)—

(a) in subsection (1) after the words “compensation order” there shall be inserted “or a service compensation order or award”;

(b) in subsections (2) and (3) after the word “order”, in every place where it occurs, there shall be inserted “or award”; and

(c) at the end of the section there shall be added the following subsection—

“(4) In this section a “service compensation order or award” means—

(a) an order requiring the payment of compensation under paragraph 11 of Schedule 5A to the Army Act 1955, of Schedule 5A to the Air Force Act 1955 or of Schedule 4A to the Naval Discipline Act 1957; or

(b) an award of stoppages payable by way of compensation under any of those Acts.”

(3) In Article 5 of the [S.I. 1980/704 (N.I.6).] Criminal Justice (Northern Ireland) Order 1980 (effect of compensation order on subsequent award of damages in civil proceedings)—

(a) in paragraph (1) after the words “compensation order” there shall be inserted “or a service compensation order or award”;

(b) in paragraphs (2) and (3) after the word “order”, in every place where it occurs, there shall be inserted “or award”; and

(c) at the end of the Article there shall be added the following paragraph—

“(4) In this Article a “service compensation order or award” means—

(a) an order requiring the payment of compensation under paragraph 11 of Schedule 5A to the Army Act 1955, of Schedule 5A to the Air Force Act 1955 or of Schedule 4A to the Naval Discipline Act 1957; or

(b) an award of stoppages payable by way of compensation under any of those Acts.”

(4) In Schedule 7 to the [1988 c. 33.] Criminal Justice Act 1988 (compensation payable by Criminal Injuries Compensation Board), in paragraph 13 (reduction of compensation by reference to damages etc.) at the end of sub-paragraph (b) there shall be inserted— “ or

(c) any order under paragraph 11 (compensation orders) of Schedule 5A to the Army Act 1955, of Schedule 5A to the Air Force Act 1955 or of Schedule 4A to the Naval Discipline Act 1957; or

(d) any award of stoppages under any of the Acts referred to in sub-paragraph (c) above”.

Powers of Standing Civilian Courts

10 In section 8 of the [1976 c. 52.] Armed Forces Act 1976 (powers of Standing Civilian Courts in relation to civilians), in subsection (1) for the words “and to section 71A” there shall be substituted “and to the restrictions imposed by section 71A”.

Removal or amendment of spent or obsolete expressions

11 (1) In section 131 of each of the 1955 Acts (trial and punishment of service offences notwithstanding offender ceasing to be subject to military or air-force law), in subsection (1) the word “reconsideration” shall be omitted.

(2) In section 145 of each of the 1955 Acts (forfeiture of pay for absence from duty), in subsection (1), in paragraph (b)—

(a) the words “corrective training, preventive detention” shall be omitted; and

(b) for the words from “an order or sentence” to the end of the paragraph there shall be substituted—

“(i) an order or sentence of a civil court;

(ii) a revocation of a licence under section 62 of the Criminal Justice Act 1967; or

(iii) an order of recall under section 23 of the Prison Act (Northern Ireland) 1953.”

(3) In the 1957 Act, in section 129 (jurisdiction of civil courts), in subsection (2) the words “corrective training, preventive detention” shall be omitted.

(4) In the [1980 c. 9.] Reserve Forces Act 1980, in Schedule 6 (general provisions as to evidence in proceedings under Parts IV and V of that Act) paragraph 1(7A) shall be omitted.

Section 26.

SCHEDULE 3 Enactments Repealed

Chapter	Short title	Extent of repeal
28 & 29 Vict. c. 73.	The Naval and Marine Pay and Pensions Act 1865.	Sections 4 and 5.
10 & 11 Geo. 6 c. 24.	The Naval Forces (Enforcement of Maintenance Liabilities) Act 1947.	In section 1 subsections (3) and (5).Section 2.
3 & 4 Eliz. 2 c. 18.	The Army Act 1955.	Section 71A(1B)(a).In section 71AA, in subsection (1) the words “subject to subsection (1A) below”, subsection (1A) and in subsection (2) the words from “after” to “completed”.In section 93, in the proviso to subsection (2) the words from “so however” onwards.In section 122(1) the words “this Part of”.In section 127(2) the words from “after” to “completed”.In section 131(1) the word “reconsideration”.In section 145(1)(b) the words “corrective training, preventive detention”.In section 150, in subsection (1)(a) the words “or child” and in subsection (5) the words “or child”, in both places where they occur, and the paragraph beginning “references to a child”.Section 216(4).In section 225(1), in the definition of “stoppages” the words from “for any expense” onwards.In Schedule 5A, in paragraph 2 the definition of “reception order”, paragraphs 6 to 9, in paragraph 10(1A) the words from the beginning to “appropriate and”, in paragraph 11(4) the words from “and no such order” onwards and, in paragraph 15(3), in the third column of the Table paragraph 2.
3 & 4 Eliz. 2 c. 19.	The Air Force Act 1955.	Section 71A(1B)(a).In section 71AA, in subsection (1) the words “subject to subsection (1A) below”, subsection (1A) and in subsection (2) the words from “after” to “completed”.In section 93, in the proviso to subsection (2) the words from “so however” onwards.In section 122(1) the words “this Part of”.In section 127(2) the words from “after” to “completed”.In section 131(1) the word “reconsideration”.In section 145(1)(b) the words “corrective training, preventive detention”.In section 150, in subsection (1)(a) the words “or child” and in subsection (5) the words “or child”, in both places where they occur, and the paragraph beginning “references to a child”.Section 214(4).In section 223(1), in the definition of “stoppages” the words from “for any expense” onwards.In Schedule 5A, in paragraph 2 the definition of “reception order”, paragraphs 6 to 9, in paragraph 10(1A) the words from the beginning to “appropriate and”, in paragraph 11(4) the words from “and no such order” onwards and, in paragraph 15(3), in the third column of the Table paragraph 2.
5 & 6 Eliz. 2 c. 53.	The Naval Discipline Act 1957.	Section 43A(1B)(a).In section 43AA, in subsection (1) the words “subject to subsection (1A) below” and subsection (1A).In section 60 the proviso to subsection (3).Section 125(3).In section 129(2) the words “corrective training, preventive detention”.In Schedule 4A, in paragraph 2 the definition of “reception order”, paragraphs 6 to 9, in paragraph 10(1A) the words from the beginning to “appropriate and”, in paragraph 11(4) the words from “and no such order” onwards and, in paragraph 15(3), in the third column of the Table paragraph 2.
1968 c. 20.	The Courts-Martial (Appeals) Act 1968.	In section 8(1A)(a), “6” and the words “reception orders”.In section 19(1) the words from “the appeal against conviction” to “and”.
1974 c. 53.	The Rehabilitation of Offenders Act 1974.	Section 5(5)(h).
S.I. 1978/1908 (N.I. 27).	The Rehabilitation of Offenders (Northern Ireland) Order 1978.	Article 6(5)(d).
1980 c. 9.	The Reserve Forces Act 1980.	In Schedule 6 paragraph 1(7A).
1981 c. 55.	The Armed Forces Act 1981.	Section 14.
1982 c. 14.	The Reserve Forces Act 1982.	In section 2 subsections (4) and (5).
1986 c. 21.	The Armed Forces Act 1986.	Section 1.Section 13.In Schedule 1, in paragraph 12 sub-paragraphs (3) and (5).
1989 c. 41.	The Children Act 1989.	In Schedule 12 paragraphs 8, 10 and 18.In Schedule 14 paragraph 15(1)(b) and, in paragraph 16, in sub-paragraph (1) the words “or (b)”, sub-paragraph (2)(b) and the word “or” immediately preceding it and sub-paragraph (3).