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Armed Forces Act 2006

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SCHEDULES

Prospective

Sections 53, 54

SCHEDULE 1E+W+S+N.I.Criminal conduct offences that may be dealt with at a summary hearing

Part 1 E+W+S+N.I.Offences that may be dealt with without permission

1An offence under section 1 of the Theft Act 1968 (c. 60) (theft).E+W+S+N.I.

2An offence under section 12 of that Act (taking vehicle etc without consent).E+W+S+N.I.

3An offence under section 5(2) of the Misuse of Drugs Act 1971 (c. 38) (possession of controlled drug).E+W+S+N.I.

4An offence under section 1(1) of the Criminal Damage Act 1971 (c. 48) (criminal damage).E+W+S+N.I.

5An offence under section 3 of the Theft Act 1978 (c. 31) (making off without payment) where the payment required or expected did not exceed £100.E+W+S+N.I.

6An offence under section 9 of the Criminal Attempts Act 1981 (c. 47) (interference with vehicles).E+W+S+N.I.

7An offence under section 39 of the Criminal Justice Act 1988 (c. 33) (assault and battery).E+W+S+N.I.

8An offence under section 3 of the Road Traffic Act 1988 (c. 52) (careless driving etc).E+W+S+N.I.

9An offence under section 5 of that Act (driving a vehicle where driver has consumed excessive amount of alcohol etc).E+W+S+N.I.

10An offence under section 25 of that Act (tampering with vehicles etc) where the vehicle was on a road.E+W+S+N.I.

11An offence under section 28 of that Act (dangerous cycling).E+W+S+N.I.

12An offence under section 29 of that Act (careless cycling etc).E+W+S+N.I.

Part 2 E+W+S+N.I.Offences that may be dealt with only with permission

13An offence under section 47 of the Offences against the Person Act 1861 (c. 100) (assault occasioning actual bodily harm).E+W+S+N.I.

14An offence under section 1 of the Prevention of Crime Act 1953 (c. 14) (possession in public place of offensive weapon).E+W+S+N.I.

15An offence under section 13 of the Theft Act 1968 (c. 60) (abstracting of electricity).E+W+S+N.I.

16An offence under section 139 of the Criminal Justice Act 1988 (c. 33) (possession in public place of point or blade).E+W+S+N.I.

17An offence under section 125 of the Communications Act 2003 (c. 21) (dishonestly obtaining electronic communications services).E+W+S+N.I.

18An offence under section 126 of that Act (possession or supply of apparatus etc for contravening s.125 of that Act).E+W+S+N.I.

19An offence under section 1 of the Fraud Act 2006 (fraud).E+W+S+N.I.

20An offence under section 11 of that Act (dishonestly obtaining services).E+W+S+N.I.

Prospective

Sections 113, 116

SCHEDULE 2E+W+S+N.I.“Schedule 2 offences”

1An offence under section 1 (assisting an enemy).E+W+S+N.I.

2An offence under section 2(1) (misconduct on operations).E+W+S+N.I.

3An offence under section 3 (obstructing operations) which relates to an action or operation against an enemy.E+W+S+N.I.

4An offence under section 4(1) or (2) (looting).E+W+S+N.I.

5An offence under section 6 (mutiny).E+W+S+N.I.

6An offence under section 7 (failure to suppress mutiny).E+W+S+N.I.

7An offence under section 8 (desertion) where the accused intended to avoid a period of active service (within the meaning of that section).E+W+S+N.I.

8An offence under section 31(1) (hazarding of ship).E+W+S+N.I.

9An offence under section 33(1) (dangerous flying etc).E+W+S+N.I.

10An offence under section 39 of attempting to commit an offence within any of paragraphs 1 to 9.E+W+S+N.I.

11An offence under section 40 of inciting another person to commit an offence within any of paragraphs 1 to 9.E+W+S+N.I.

12An offence under section 42 (criminal conduct) as respects which the corresponding offence under the law of England and Wales is—E+W+S+N.I.

(a)murder;

(b)manslaughter;

(c)kidnapping;

(d)high treason;

(e)piracy;

(f)cheating the public revenue;

(g)an offence under section 2 of the Treason Act 1842 (c. 51) (attempt to injure or alarm the Sovereign);

(h)an offence under section 3 of the Treason Felony Act 1848 (c. 12) (compassing the deposition of the Sovereign etc);

(i)an offence under section 4, 18, 22, 23, 28 or 29 of the Offences against the Person Act 1861 (c. 100) (soliciting murder, wounding with intent, using chloroform etc to commit indictable offence, administering poison, causing injury by explosives, using explosives etc with intent);

(j)an offence under section 20 of that Act of inflicting grievous bodily harm;

(k)an offence under section 2 or 3 of the Explosive Substances Act 1883 (c. 3) (causing explosion likely to endanger life or property etc);

(l)an offence under section 1 of the Public Bodies Corrupt Practices Act 1889 (c. 69) (corruption in office);

(m)an offence under section 1 of the Prevention of Corruption Act 1906 (c. 34) (corrupt transactions with agents), other than an offence falling within that section by virtue only of the third paragraph of subsection (1) of that section;

(n)an offence under section 1 or 2 of the Perjury Act 1911 (c. 6) (perjury or false statements on oath);

(o)an offence under section 1 or 7 of the Official Secrets Act 1911 (c. 28) (spying or harbouring spies);

(p)an offence under section 1 of the Infant Life (Preservation) Act 1929 (c. 34) (child destruction);

(q)an offence under section 1 of the Children and Young Persons Act 1933 (c. 12) (cruelty to children);

(r)an offence under section 1 of the Infanticide Act 1938 (c. 36) (infanticide);

(s)an offence under section 33 or 33A of the Sexual Offences Act 1956 (c. 69) (keeping a brothel etc);

(t)an offence under section 1 of the Geneva Conventions Act 1957 (c. 52) (grave breaches of conventions);

(u)an offence under section 2 of the Suicide Act 1961 (c. 60) (assisting suicide etc);

(v)an offence under section 5, 16, 16A, 17, 18 or 20 of the Firearms Act 1968 (c. 27) (unlawful possession or use of firearm etc);

(w)an offence under section 8, 10 or 21 of the Theft Act 1968 (c. 60) (robbery, aggravated burglary, blackmail);

(x)an offence under section 12A of that Act (aggravated vehicle taking) involving an accident which caused the death of any person;

(y)an offence under section 4, 5(3) or 8 of the Misuse of Drugs Act 1971 (c. 38) (production and supply of controlled drugs, possession of such drugs with intent to supply, permitting production of such drugs);

(z)an offence under section 1(2) of the Criminal Damage Act 1971 (c. 48) (destroying or damaging property with intent to endanger life);

(aa)an offence under section 1 of the Biological Weapons Act 1974 (c. 6) (developing biological agents etc);

(ab)an offence under section 51 of the Criminal Law Act 1977 (c. 45) (bomb hoaxes);

(ac)an offence under section 1 of the Protection of Children Act 1978 (c. 37) (indecent photographs of children);

(ad)an offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (fraudulent evasion of duty etc);

(ae)an offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking);

(af)an offence under any of sections 1 to 4 of the Aviation Security Act 1982 (c. 36) (hijacking, destroying, damaging or endangering safety of aircraft etc);

(ag)an offence under section 1 or 2 of the Child Abduction Act 1984 (c. 37) (abduction of child);

(ah)an offence under any of sections 1 and 18 to 23 of the Public Order Act 1986 (c. 64) (riot, stirring up racial or religious hatred, possession of inflammatory material);

(ai)an offence under section 134 or 160 of the Criminal Justice Act 1988 (c. 33) (torture, possession of indecent photograph of child);

(aj)an offence under section 1, 3A or 22A of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving, causing death by careless driving when under the influence of drink or drugs, causing danger to road-users);

(ak)an offence under any of sections 1 to 6 or 8(6) of the Official Secrets Act 1989 (c. 6) (disclosure of information relating to security, intelligence, defence, international relations etc);

(al)an offence under any of sections 1 or 9 to 13 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes, offences against the safety of ships and fixed platforms);

(am)an offence under section 72 of the Value Added Tax Act 1994 (c. 23) (evasion of VAT);

(an)an offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system);

(ao)an offence under section 2 of the Chemical Weapons Act 1996 (c. 6) (use etc of chemical weapons);

(ap)an offence under section 11, 12, 15, 16, 17, 18, 38B, 39, 54, 56, 57 or 58 of the Terrorism Act 2000 (c. 11);

(aq)an offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity, war crimes etc);

(ar)an offence under section 47, 79, 80, 113 or 114 of the Anti-terrorism, Crime and Security Act 2001 (c. 24);

(as)an offence under section 1 of the Dealing in Cultural Objects (Offences) Act 2003 (c. 27) (dealing in tainted cultural objects);

(at)any offence under Part 1 of the Sexual Offences Act 2003 (c. 42) except one under section 3, 66, 67 or 71;

(au)an offence under any of sections 1, 2, 5, 6 or 8 to 11 of the Terrorism Act 2006.

13An offence under section 42 as respects which the corresponding offence under the law of England and Wales is—E+W+S+N.I.

(a)an offence under section 1 of the Criminal Attempts Act 1981 (c. 47) of attempting to commit an offence within a sub-paragraph of paragraph 12;

(b)an offence under section 1 of the Criminal Law Act 1977 (c. 45) of conspiracy to commit such an offence;

(c)an offence of incitement to commit such an offence.

Prospective

Section 164

SCHEDULE 3E+W+S+N.I.Civilians etc: modifications of Court Martial sentencing powers

Part 1 E+W+S+N.I.Civilian offenders

1(1)In relation to a civilian offender, section 164 (punishments available to Court Martial) has effect as if subsections (4), (6) and (7) were omitted and as if for the Table there were substituted—E+W+S+N.I.

TABLE

Row NumberPunishmentLimitation
1imprisonment 
2a fine 
3a service community order (defined by section 178)only if subsection (5) permits
4an overseas community order (defined by section 182)only if it appears to the court that the offender will reside outside the United Kingdom when the order is in force
5a conditional discharge (defined by section 185) 
6an absolute discharge (defined by section 185) 
7a service compensation order (defined by section 175) 

(2)A person is a “civilian offender” for the purposes of this Part of this Schedule if he has committed a service offence and—

(a)he was a civilian when he committed the offence;

(b)he is a civilian when sentenced for the offence; and

(c)he remained a civilian throughout the period between committing the offence and being sentenced.

(3)In sub-paragraph (2) “a civilian” means a person who is—

(a)not a member of the regular forces;

(b)not a member of the reserve forces; and

(c)not liable to recall.

(4)For the purposes of this paragraph a person is “liable to recall” if—

(a)under section 65(1) of the Reserve Forces Act 1996 (c. 14) he is liable to be recalled for service; or

(b)he is liable to be recalled as mentioned in section 35(1) of the Reserve Forces Act 1980 (c. 9).

2For the purposes of determining the Court Martial's powers when sentencing a civilian offender for an offence under section 42, section 42(3) (maximum penalties) has effect as if the reference to rows 5 to 12 were to rows 2 to 7.E+W+S+N.I.

Part 2 E+W+S+N.I.Ex-servicemen etc

3(1)In relation to an offender to whom this Part of this Schedule applies, section 164 (punishments available to Court Martial) has effect as if subsections (6) and (7) were omitted and as if for the Table there were substituted—E+W+S+N.I.

TABLE

Row NumberPunishmentLimitation
1imprisonment 
2dismissal with disgrace from Her Majesty's serviceonly if the person being sentenced is an officer or a member of the reserve forces
3dismissal from Her Majesty's serviceonly if the person being sentenced is an officer or a member of the reserve forces
4detention for a term not exceeding two yearsnot if the person being sentenced is an officer, or was an officer when last a member of Her Majesty's forces
5reduction in rank, or disratingonly if the person being sentenced is a warrant officer or non-commissioned officer, and not to an extent prohibited by regulations under subsection (4)
6a fine 
7a service community order (defined by section 178)only if subsection (5) permits
8a severe reprimand or a reprimandonly if the person being sentenced is, or was at the time of the offence, an officer, warrant officer or non-commissioned officer
9an absolute discharge (defined by section 185) 
10a service compensation order (defined by section 175) 

(2)A person is an offender to whom this Part of this Schedule applies if when sentenced he is—

(a)not subject to service law;

(b)not a member of a volunteer reserve force;

(c)not a member of an ex-regular reserve force who is subject to an additional duties commitment; and

(d)not a civilian offender for the purposes of Part 1 of this Schedule.

4For the purposes of determining the Court Martial's powers when sentencing an offender to whom this Part of this Schedule applies—E+W+S+N.I.

(a)section 25(2) (penalty for misapplying public property etc) has effect as if the reference to rows 2 to 12 were to rows 2 to 10;

(b)section 35(3) (penalty for annoyance by flying) has effect as if the reference to rows 3 to 12 were to rows 3 to 10;

(c)section 42(3) (penalties for criminal conduct offences) has effect as if the reference to rows 5 to 12 were to rows 5 to 10;

(d)any provision of regulations under section 328 (enlistment) which provides that an offence is punishable by any punishment mentioned in rows 2 to 12 of the Table in section 164 has effect as if the reference to rows 2 to 12 were to rows 2 to 10;

(e)any provision of regulations under section 343 (service inquiries) which provides that an offence is punishable by any punishment mentioned in rows 7 to 12 of the Table in section 164 has effect as if the reference to rows 7 to 12 were to rows 6 to 10.

Prospective

Section 169

SCHEDULE 4E+W+S+N.I.Unfitness and insanity: modifications of Mental Health Act 1983

Hospital ordersE+W+S+N.I.

1For the purposes of section 169(2)(a) of this Act, section 37 of the Mental Health Act 1983 (c. 20) (“the 1983 Act”) has effect as if—E+W+S+N.I.

(a)for subsection (1) there were substituted—

(1)Where—

(a)section 169 of the Armed Forces Act 2006 applies,

(b)the offence to which the finding relates is an offence punishable with imprisonment, and

(c)the conditions in subsection (2) below are satisfied,

the court may by order authorise the defendant's admission to and detention in such hospital as may be specified in the order.;

(b)subsections (1A), (1B), (3), (5), (6) and (8) were omitted;

(c)in subsection (2)(a) there were omitted—

(i)the word “either” before sub-paragraph (i);

(ii)the word “or” at the end of that sub-paragraph; and

(iii)sub-paragraph (ii) (but not the word “and” at the end of it);

(d)for subsection (4) there were substituted—

(4)Where an order is made under this section requiring a person to be admitted to a hospital (“a hospital order”), it shall be the duty of the managers of the hospital specified in the order to admit him in accordance with it.;

(e)in subsection (7) the reference to a guardianship order were omitted; and

(f)any reference to the offender were to the defendant (the reference in subsection (2)(b) to the offence being construed accordingly).

Restriction ordersE+W+S+N.I.

2For the purposes of section 169(2)(a) of this Act, section 41(1) of the 1983 Act (power to make a restriction order) has effect as if—E+W+S+N.I.

(a)the reference to the Crown Court were to the Court Martial; and

(b)any reference to an offender were to a person in whose case section 169 applies (references to an offence being construed accordingly).

Remand ordersE+W+S+N.I.

3In relation to a case where section 169 applies but the court has not yet made one of the disposals mentioned in section 169(2), section 35 of the 1983 Act (remand to hospital for report on mental condition) has effect as if—E+W+S+N.I.

(a)the reference in subsection (1) to the Crown Court or a magistrates' court were to the Court Martial;

(b)for the purposes of that section an “accused person” meant a person in whose case this paragraph applies;

(c)subsection (2) and the words after paragraph (b) in subsection (3) were omitted;

(d)in subsection (3)(b) for the words “if he were remanded on bail” there were substituted “ if he were not remanded under this section ”;

(e)in subsection (4) the reference to a place of safety were to any place that the court may direct; and

(f)the reference in subsection (10) to a constable included a reference to a service policeman.

4In relation to a case where section 169 applies but the court has not yet made one of the disposals mentioned in section 169(2), section 36 of the 1983 Act (remand to hospital for treatment) has effect as if—E+W+S+N.I.

(a)in subsection (1) for the words “the Crown Court may, instead of remanding an accused person in custody, remand him” there were substituted “ the Court Martial may remand an accused person ”;

(b)for the purposes of that section an “accused person” meant a person in whose case this paragraph applies;

(c)subsection (2) were omitted; and

(d)in subsection (3) the reference to a place of safety were to any place that the court may direct.

Interim hospital ordersE+W+S+N.I.

5(1)In relation to a case where section 169 applies but the court has not yet made one of the disposals mentioned in section 169(2), section 38 of the 1983 Act (interim hospital orders) has effect as if—E+W+S+N.I.

(a)in subsection (1) for the words from the beginning to “he is convicted” there were substituted “ Where section 169 of the Armed Forces Act 2006 applies, the offence to which the finding relates is an offence punishable with imprisonment and the court ”;

(b)any reference to an offender were to a person in whose case this paragraph applies;

(c)in subsection (4) the reference to a place of safety were to any place that the court may direct; and

(d)in subsection (7) the reference to a constable included a service policeman.

(2)Where an interim hospital order is made under section 38 of the 1983 Act as modified by this paragraph, the references in section 40(3) of that Act to an offender are to be read in accordance with sub-paragraph (1)(b) above.

Prospective

Sections 181, 184

SCHEDULE 5E+W+S+N.I.Breach, revocation and amendment of community punishments

Part 1 E+W+S+N.I.Service community orders

GeneralE+W+S+N.I.

1(1)In Schedule 8 to the 2003 Act (breach, revocation or amendment of community order), “community order” includes a service community order under this Act.E+W+S+N.I.

(2)In its application to such an order, that Schedule has effect as if paragraphs 2(b), 4, 5(4), 6(2), 7, 9, 12, 13, 15, 16(5), 17(5) and (6), 18(4), 20(2), 21 and 27(1)(b)(ii) and (d), (2) and (3)(a) were omitted.

Breach of requirement of orderE+W+S+N.I.

2Paragraphs 5(1)(b) and 6(1) of that Schedule (warning and laying of information) have effect in relation to a service community order under this Act as if the references to a justice of the peace were to the Crown Court.E+W+S+N.I.

3Paragraph 8 of that Schedule (issue of summons or warrant for breach) applies to such an order as it applies to an order mentioned in sub-paragraph (1) of that paragraph.E+W+S+N.I.

Revocation of orderE+W+S+N.I.

4Paragraph 14 of that Schedule (Crown Court's powers of revocation) has effect as if the reference in sub-paragraph (1)(a) to a community order as there mentioned included a service community order under this Act.E+W+S+N.I.

Amendment of orderE+W+S+N.I.

5In Part 4 of that Schedule (amendment of order) as it applies to a service community order under this Act, “the appropriate court” means the Crown Court.E+W+S+N.I.

6In paragraph 19 of that Schedule (amendment in relation to review of drug rehabilitation requirement) as it applies to such an order, “the court responsible for the order” means the Crown Court.E+W+S+N.I.

Powers of civilian courts in relation to order following subsequent convictionE+W+S+N.I.

7Paragraph 22 of that Schedule (committal to Crown Court on subsequent conviction by magistrates' court in England or Wales) has effect as if the reference in sub-paragraph (1) to a community order made by the Crown Court included a service community order under this Act.E+W+S+N.I.

Re-sentencing powersE+W+S+N.I.

8(1)This paragraph applies for the purposes of construing the powers conferred on the Crown Court by paragraphs 10(1)(b), 14(2)(b)(ii), 17(3)(b) and 23(2)(b)(ii) of Schedule 8 to the 2003 Act to deal with the offender, for the offence in respect of which the order was made, in any way in which he could have been dealt with for that offence by the court which made the order.E+W+S+N.I.

(2)Each of those powers shall be construed in relation to a service community order under this Act as a power to deal with the offender, for the offence in respect of which the order was made—

(a)if that offence is an offence punishable with imprisonment, in any way in which the Crown Court could deal with him if he had just been convicted before that court of an offence punishable with imprisonment;

(b)if it is not an offence punishable with imprisonment, in any way in which the Crown Court could deal with him if he had just been convicted before that court of an offence not punishable with imprisonment.

(3)A term of imprisonment or fine imposed by virtue of this paragraph—

(a)must not exceed the maximum permitted for the offence in respect of which the order was made; and

(b)where the order was made by the Service Civilian Court, must not exceed—

(i)in the case of a term of imprisonment, 12 months;

(ii)in the case of a fine, the prescribed sum.

(4)In relation to a service community order under this Act, the references in paragraphs 10(4) and 17(4)(b) of that Schedule to a custodial sentence are to be read as references to a sentence of imprisonment.

9Where a sentence is passed by virtue of paragraph 8 above, section 9 of the Criminal Appeal Act 1968 (c. 19) (appeal against sentence) applies as if the offender had been convicted on indictment of the offence for which the sentence was passed.E+W+S+N.I.

Part 2 E+W+S+N.I.Overseas community orders

GeneralE+W+S+N.I.

10(1)In Schedule 8 to the 2003 Act (breach, revocation or amendment of community order), “community order” includes an overseas community order.E+W+S+N.I.

(2)In its application to such an order, that Schedule has effect as if there were omitted—

(a)in paragraph 1, the definitions of “the local justice area concerned” and “the responsible officer”; and

(b)paragraphs 2, 3(b), 4, 5(4), 6(2), 7, 9, 10(6), 12, 13, 15, 16, 17(5) and (6), 18(4), 19, 20(2), 21(4), 22 and 23(1)(a)(ii).

11(1)For the purposes of that Schedule as it applies in relation to an overseas community order, “court” includes—E+W+S+N.I.

(a)the Court Martial;

(b)the Service Civilian Court.

(2)For the purposes of that Schedule as it applies in relation to such an order, and for the purposes of this Part of this Schedule, an overseas community order made on appeal is to be treated as having been made by the Court Martial.

Breach of requirement of orderE+W+S+N.I.

12Paragraphs 5(1)(b) and 6(1) of that Schedule (warning and laying of information) have effect in relation to an overseas community order as if the references to causing an information to be laid before a justice of the peace in respect of the failure were references to applying to the court that made the order for the exercise of its powers in relation to the failure.E+W+S+N.I.

13Paragraph 8 of that Schedule (issue of summons or warrant for breach) has effect in relation to such an order as if for it and the cross-heading before it there were substituted—E+W+S+N.I.

Issue of summons or warrantE+W+S+N.I.

8(1)If at any time while an overseas community order under the Armed Forces Act 2006 is in force it appears to the appropriate court, on an application by the responsible officer, that the offender has failed to comply with any of the requirements of the order, that court may—

(a)issue a summons requiring the offender to appear at the time and place specified in it, or

(b)issue a warrant for his arrest.

(2)In sub-paragraph (1) “the appropriate court” means the court that made the order.

(3)Any summons or warrant issued under this paragraph must direct the offender to appear or be brought before the court issuing the summons or warrant.

(4)Where a summons issued under sub-paragraph (1)(a) requires the offender to appear before the court and he does not appear in answer to the summons, the court may issue a warrant for his arrest.

14Paragraph 10 of that Schedule (powers of Crown Court on breach of community order) has effect in relation to an overseas community order as if—E+W+S+N.I.

(a)the cross-heading before it were “Powers of court that made the order”;

(b)any reference to the Crown Court in sub-paragraphs (1) to (3) and (5) were to the court that made the overseas community order; and

(c)for sub-paragraph (4) there were substituted—

(4)In dealing with an offender under sub-paragraph (1)(b) the court may, in the case of an offender who has wilfully and persistently failed to comply with the requirements of the order, impose a custodial sentence within the meaning of the Armed Forces Act 2006 (where the order was made in respect of an offence punishable with such a sentence) notwithstanding anything in section 260(2) of that Act.

Revocation of orderE+W+S+N.I.

15Paragraph 14 of that Schedule (Crown Court's powers of revocation) has effect in relation to an overseas community order as if—E+W+S+N.I.

(a)the reference in sub-paragraph (1)(a) to a community order as there mentioned were to an overseas community order; and

(b)in the other provisions of paragraph 14, and in the cross-heading before it, any reference to the Crown Court were to the court that made the overseas community order.

Amendment of orderE+W+S+N.I.

16In Part 4 of that Schedule (amendment of order) as it applies to an overseas community order, “the appropriate court” means the court that made the order.E+W+S+N.I.

17Paragraph 17 of that Schedule has effect in relation to an overseas community order as if for sub-paragraph (4)(b) there were substituted—E+W+S+N.I.

(b)may impose a custodial sentence within the meaning of the Armed Forces Act 2006 (where the order was made in respect of an offence punishable with such a sentence) notwithstanding anything in section 260(2) of that Act.

Powers in relation to order following subsequent convictionE+W+S+N.I.

18Paragraph 21 of that Schedule (powers of magistrates' court on subsequent conviction) has effect in relation to an overseas community order as if—E+W+S+N.I.

(a)the cross-heading before it were “Powers of Service Civilian Court on subsequent conviction”; and

(b)any reference in that paragraph to a magistrates' court were to the Service Civilian Court.

19Paragraph 23 of that Schedule (powers of Crown Court on subsequent conviction) has effect in relation to an overseas community order as if—E+W+S+N.I.

(a)the cross-heading before it were “Powers of Court Martial on subsequent conviction”; and

(b)any reference in that paragraph to the Crown Court (except the references in sub-paragraph (1)(a)(ii), which is treated as omitted) were to the Court Martial.

Supplementary provisions relating to ordersE+W+S+N.I.

20In paragraph 26 of that Schedule as it applies to an overseas community order, the reference to section 177(3) of the 2003 Act shall be treated as omitted.E+W+S+N.I.

21Paragraph 27 of that Schedule has effect in relation to an overseas community order as if it read—E+W+S+N.I.

27On the making under this Schedule of an order revoking or amending an overseas community order, the court administration officer (within the meaning of the Armed Forces Act 2006) must—

(a)provide copies of the revoking or amending order—

(i)to the offender;

(ii)to the responsible officer;

(iii)to the offender's commanding officer; and

(iv)if the offender is aged under 14, to his parent or guardian;

(b)in the case of an amending order which imposes or amends a requirement specified in the first column of Schedule 14, provide a copy of so much of the amending order as relates to that requirement to the person specified in relation to that requirement in the second column of that Schedule; and

(c)in the case of an amending order which imposes or amends an education requirement, provide to Service Children's Education a copy of so much of the amending order as relates to that requirement.

Court Martial rulesE+W+S+N.I.

22If Court Martial rules provide that powers of the Court Martial under Schedule 8 to the 2003 Act as applied by this Part of this Schedule are to be exercised by a judge advocate, the rules may also disapply section 160 of this Act in relation to sentences passed under that Schedule.E+W+S+N.I.

AppealsE+W+S+N.I.

23A person who—E+W+S+N.I.

(a)is sentenced by the Court Martial under paragraph 23(2)(b)(ii) of Schedule 8 to the 2003 Act as applied by this Part of this Schedule, and

(b)was not convicted by the Court Martial of the offence in respect of which the sentence is passed,

is to be treated, for the purpose of enabling him to appeal under the Court Martial Appeals Act 1968 (c. 20) against the sentence, as if he had been so convicted.

Prospective

Section 182

SCHEDULE 6E+W+S+N.I.Overseas community orders: young offenders

Unpaid work requirementE+W+S+N.I.

1An unpaid work requirement, as defined by section 199 of the 2003 Act, may not be included in an overseas community order if the offender is aged under 16 on conviction.E+W+S+N.I.

Exclusion requirementE+W+S+N.I.

2Where an exclusion requirement, as defined by section 205 of the 2003 Act, is included in an overseas community order made in respect of an offender aged under 18 on conviction, the period specified in the order must not exceed three months.E+W+S+N.I.

Residence requirementE+W+S+N.I.

3(1)In relation to an overseas community order made in respect of an offender aged under 18 on conviction, section 206(1) of the 2003 Act (residence requirement) has effect as if after the words “at a place specified in the order” there were added “or with an individual so specified”.E+W+S+N.I.

(2)A requirement that a person reside with an individual must not be included in an overseas community order unless the individual has consented to the requirement.

(3)Nothing in section 206(2) to (4) of the 2003 Act applies in relation to a requirement in an overseas community order that a person reside with an individual.

(4)A requirement that a person reside at a specified place must not be included in an overseas community order if the offender is aged under 16 on conviction.

(5)In sub-paragraphs (2) to (4), references to a requirement are to a requirement under section 206(1) of the 2003 Act as modified by this paragraph.

Mental health requirementE+W+S+N.I.

4(1)In section 207(3) of the 2003 Act as it applies in relation to an overseas community order, paragraph (c) (consent of offender to mental health requirement) does not apply if the offender is aged under 14.E+W+S+N.I.

(2)In section 208(1) of the 2003 Act as it applies in relation to an overseas community order (mental health treatment at place not specified in order), the words “with the consent of the offender” do not apply if the offender is aged under 14.

Drug rehabilitation requirementE+W+S+N.I.

5(1)In relation to an overseas community order made in respect of an offender aged under 18 on conviction, section 209(1) of the 2003 Act (drug rehabilitation requirement) has effect as if paragraph (b) (requirement to provide samples) were omitted.E+W+S+N.I.

(2)But sub-paragraph (1) does not apply where—

(a)the offender is aged 14 or over; and

(b)has expressed his willingness to provide samples as mentioned in section 209(1)(b) of the 2003 Act.

(3)In section 209(2) of the 2003 Act as it applies in relation to an overseas community order, paragraph (d) (consent of offender to drug rehabilitation requirement) does not apply if the offender is aged under 14.

(4)Section 209(3) of the 2003 Act (treatment and testing period must be at least six months) does not apply in relation to an overseas community order made in respect of an offender aged under 18 on conviction.

Alcohol treatment requirementE+W+S+N.I.

6An alcohol treatment requirement, as defined by section 212 of the 2003 Act, may not be included in an overseas community order if the offender is aged under 18 on conviction.E+W+S+N.I.

Education requirementE+W+S+N.I.

7(1)An overseas community order made in respect of an offender aged under 18 on conviction may include a requirement (an “education requirement”) requiring the offender to comply, during a period or periods specified in the order, with arrangements for his education—E+W+S+N.I.

(a)made for the time being by his parent or guardian; and

(b)approved by Service Children's Education (“SCE”).

(2)A court may not include an education requirement in an overseas community order unless it has consulted SCE and is satisfied—

(a)that, in the view of SCE, arrangements exist for the offender to receive efficient full-time education suitable to his age, ability and aptitude and to any special educational need he may have; and

(b)that, having regard to the circumstances of the case, the inclusion of the requirement is necessary for securing the good conduct of the offender or for preventing the commission of further offences.

(3)Any period specified in an overseas community order as one during which the offender must comply with arrangements made for his education must not include any period after he has ceased to be of compulsory school age (within the meaning of section 8 of the Education Act 1996 (c. 56)).

(4)An education requirement under this paragraph may (despite section 182(1)(a)) be the only requirement imposed by an overseas community order.

Power to amendE+W+S+N.I.

8The powers of the Secretary of State under section 223 of the 2003 Act (powers to amend limits) include power by order to amend paragraph 2 of this Schedule by substituting for the maximum period for the time being specified in that paragraph such other period as may be specified in the order.E+W+S+N.I.

Prospective

Section 206

SCHEDULE 7E+W+S+N.I.Suspended prison sentence: further conviction or breach of requirement

Part 1 E+W+S+N.I.Introductory

Suspended sentence order with community requirementsE+W+S+N.I.

1Part 2 of Schedule 12 to the 2003 Act (breach of community requirement, or further conviction) has effect in its application to a suspended sentence order with community requirements made by a relevant service court—E+W+S+N.I.

(a)as if paragraphs 3, 4(4), 5(2), 6, 8(4A), (6) and (7) and 12(4) of that Schedule were omitted; and

(b)with the modifications in paragraphs 4 to 9 of this Schedule.

Suspended sentence order without community requirementsE+W+S+N.I.

2(1)In its application to a suspended sentence order without community requirements, Part 2 of Schedule 12 to the 2003 Act has effect—E+W+S+N.I.

(a)as if the provisions of that Schedule mentioned in sub-paragraph (2) below were omitted; and

(b)with the modifications in paragraphs 6 to 9 of this Schedule.

(2)The provisions referred to in sub-paragraph (1)(a) above are—

(a)paragraphs 3 to 7 and 10;

(b)in paragraph 8—

(i)paragraph (a) of each of sub-paragraphs (1) and (4);

(ii)sub-paragraphs (i) and (ii) of sub-paragraph (2)(c);

(iii)sub-paragraphs (4A), (6) and (7);

(c)paragraph 12(4).

Meaning of “court”E+W+S+N.I.

3A relevant service court is a “court” for the purposes of—E+W+S+N.I.

(a)Part 2 of Schedule 12 to the 2003 Act as it applies in relation to a suspended sentence passed by a relevant service court;

(b)paragraph 22 of that Schedule (as modified by section 205(1) of this Act) as it applies to an order under Part 2 of that Schedule amending a suspended sentence order with community requirements made by a relevant service court.

Part 2 E+W+S+N.I.Modifications referred to in Part 1

Breach of community requirementsE+W+S+N.I.

4Paragraphs 4(1)(b) and 5(1) of Schedule 12 to the 2003 Act (warning and laying of information) have effect in relation to a suspended sentence order with community requirements made by a relevant service court as if the references to a justice of the peace were to the Crown Court.E+W+S+N.I.

5Paragraph 7 of that Schedule (issue of summons or warrant for breach) applies to such an order as it applies to an order mentioned in sub-paragraph (1) of that paragraph.E+W+S+N.I.

Conviction of further offenceE+W+S+N.I.

6Paragraph 8(1)(b) of that Schedule (powers on conviction of further offence) has effect in relation to a suspended sentence passed by a relevant service court as if—E+W+S+N.I.

(a)the reference to an offence were to a service offence or an offence in the British Islands;

(b)in sub-paragraph (i) the reference to a court having power under paragraph 11 to deal with the offender in respect of the suspended sentence were to the Crown Court, the Court Martial or the Service Civilian Court;

(c)in sub-paragraph (ii) the reference to such a court were to the Court Martial.

7Paragraph 11 of that Schedule (courts with powers under paragraph 8(1)(b), etc) has effect in relation to a suspended sentence passed by a relevant service court as if for it and the heading before it there were substituted—E+W+S+N.I.

Conviction by magistrates' court of further offenceE+W+S+N.I.

11Where a magistrates' court in England or Wales convicts an offender of any offence and is satisfied that the offence was committed during the operational period of a suspended sentence passed by a relevant service court (within the meaning of the Armed Forces Act 2006), it must notify the appropriate officer of the Court Martial of the conviction.

8(1)Paragraph 12 of that Schedule (procedure where convicting court does not deal with suspended sentence) has effect in relation to a suspended sentence passed by a relevant service court as if for sub-paragraphs (1) and (2) there were substituted—E+W+S+N.I.

(2A)If it appears to the Court Martial—

(a)that an offender has been convicted in the British Islands of an offence committed during the operational period of a suspended sentence passed by a relevant service court, or has been convicted of a service offence committed during that period, and

(b)that he has not been dealt with in respect of the suspended sentence,

the court may issue a summons requiring him to appear at the place and time specified in it, or a warrant for his arrest.

(2B)In sub-paragraph (2A) “relevant service court” and “service offence” have the same meanings as in the Armed Forces Act 2006.

(2)In paragraph 12(3) of that Schedule (Scottish or Northern Ireland court convicting of further offence must notify English court)—

(a)the reference to a suspended sentence passed in England or Wales includes a reference to a suspended sentence passed (anywhere) by a relevant service court; and

(b)the reference to the court by which the suspended sentence was passed has effect, in relation to a suspended sentence passed by any relevant service court, as a reference to the Court Martial.

(3)Paragraph 12(5) of that Schedule has effect in relation to a summons or warrant issued under paragraph 12(2A) as if the reference to the court by which the suspended sentence was passed were a reference to the Court Martial.

Activation of suspended sentence: appeals etcE+W+S+N.I.

9(1)Where an order under paragraph 8(2)(a) or (b) of that Schedule is made by the Court Martial or the Service Civilian Court, paragraph 9 of that Schedule has effect as if—E+W+S+N.I.

(a)sub-paragraph (1)(a) conferred on the court a power rather than a duty to make a custody plus order; and

(b)for sub-paragraphs (2) and (3) there were substituted—

(2)The reference in sub-paragraph (1)(b) to another term of imprisonment does not include a term from which the offender has been released early under Chapter 6 of Part 12.

(3)For the purposes of sections 285 to 287 (appeals from Service Civilian Court) or, as the case may be, the Court Martial Appeals Act 1968 (c. 20)—

(a)an order made by the Court Martial or the Service Civilian Court under paragraph 8(2)(a) or (b) is to be treated as a sentence passed on the offender, by the court that made that order, for the offence for which the suspended sentence was passed; and

(b)if the offender was not convicted of that offence by that court he is to be treated for the purpose of enabling him to appeal against the order as if he had been so convicted.

(4)For the purposes of any appeal against the order, references in section 16A of the Court Martial Appeals Act 1968 to passing a sentence include making an order.

(2)Where an order under paragraph 8(2)(a) or (b) of that Schedule is made by the Crown Court in relation to a suspended sentence passed by a relevant service court, paragraph 9 of that Schedule has effect as if for sub-paragraph (3) there were substituted—

(3)For the purposes of any enactment conferring rights of appeal against sentence in criminal cases—

(a)an order made by the Crown Court under paragraph 8(2)(a) or (b) is to be treated as a sentence passed on the offender by the Crown Court for the offence for which the suspended sentence was passed; and

(b)the offender is to be treated as if he had been convicted on indictment of that offence.

Prospective

Section 272

SCHEDULE 8E+W+S+N.I.Amendment of the Courts-Martial (Appeals) Act 1968

1The Courts-Martial (Appeals) Act 1968 (c. 20) is amended as follows.E+W+S+N.I.

2For the heading to Part 1 substitute “ THE COURT MARTIAL APPEAL COURT ”.E+W+S+N.I.

3In section 1(1) (the court) for the words from the beginning to “air-force courts-martial,” substitute “ The Court Martial Appeal Court ”.E+W+S+N.I.

4In section 4 (sittings) omit subsection (2).E+W+S+N.I.

5In section 5 (constitution of court for particular sittings), in subsection (3)(a)(iii) at the end insert “ or that the defendant did the act or made the omission charged against him ”.E+W+S+N.I.

6For the heading to Part 2 substitute “ APPEALS FROM THE COURT MARTIAL ”.E+W+S+N.I.

7In section 8 (right of appeal against conviction or sentence)—E+W+S+N.I.

(a)in subsection (1)—

(i)for “court-martial” substitute “ the Court Martial ”;

(ii)in paragraph (b) at the end add “ , whether passed on conviction or in subsequent proceedings ”;

(b)omit subsections (1A) to (4).

8Omit section 10 (alternative procedure for appeal from court-martial abroad).E+W+S+N.I.

9In section 11(1) (consideration of application by Appeal Court) omit “the Judge Advocate of Her Majesty's Fleet or”.E+W+S+N.I.

10In section 12 (power to quash conviction as unsafe)—E+W+S+N.I.

(a)in subsection (1)(a) for “court-martial” substitute “ the Court Martial ”;

(b)after subsection (2) add—

(3)Where the Appeal Court quash a conviction, the appellant is to be treated as if he had been acquitted by the Court Martial; but this does not apply if an order under section 19 authorising the appellant to be retried is made.

11For section 13 (adjustment of sentence in case of conviction on two or more charges) substitute—E+W+S+N.I.

13Power to re-sentence when some but not all convictions successfully appealed

(1)This section applies where—

(a)on a single occasion a person is sentenced by the Court Martial in respect of two or more offences; and

(b)the Appeal Court allow an appeal against conviction in respect of some but not all of the offences.

(2)The Court may in respect of any offence of which the appellant remains convicted pass, in substitution for the sentence passed by the Court Martial, any sentence that—

(a)they think appropriate; and

(b)is a sentence that the Court Martial had power to pass.

(3)But the Court may not exercise their powers under subsection (2) in such a way that the appellant's sentences (taken together) for all the offences of which he remains convicted are more severe than the sentences (taken together) passed on him by the Court Martial on the occasion mentioned in subsection (1)(a).

(4)The reference in subsection (3) to the sentences passed by the Court Martial includes those passed by that court in respect of offences as respects which appeals against conviction have been allowed.

12(1)Section 14 (substitution of conviction on different charge) is amended as follows.E+W+S+N.I.

(2)In the sidenote, at the end add “ otherwise than after guilty plea ”.

(3)For subsection (1) substitute—

(1)This section applies where—

(a)an appellant has been convicted of an offence to which he did not plead guilty;

(b)the Court Martial could lawfully have found him guilty of some other offence; and

(c)it appears to the Appeal Court on an appeal against conviction that the Court Martial must have been satisfied of facts which prove him guilty of that other offence.

(4)In subsection (2)—

(a)for “court-martial” in both places substitute “ Court Martial ”;

(b)for the words from “such sentence as” to the end substitute any sentence that—

(a)they think appropriate;

(b)is a sentence that the Court Martial would have had power to pass in respect of that other offence; and

(c)is not more severe than the sentence passed by the Court Martial.

13In section 14A (substitution of conviction on different charge after guilty plea), in subsection (2) for the words from “court-martial” to the end substitute Court Martial, any sentence that— E+W+S+N.I.

(a)they think appropriate;

(b)is a sentence that the Court Martial would have had power to pass in respect of that other offence; and

(c)is not more severe than the sentence passed by the Court Martial.

14Omit section 15 (variation of conviction so as to attract different sentence).E+W+S+N.I.

15In section 16 (substitution of finding of insanity etc)—E+W+S+N.I.

(a)in subsection (1) after “are of” insert “ the ”;

(b)for subsections (2) to (4) substitute—

(1A)The Appeal Court shall, instead of allowing or dismissing the appeal, substitute for the finding appealed against—

(a)a finding of not guilty by reason of insanity; or

(b)findings that the appellant was unfit to stand trial and that he did the act or made the omission charged against him.

(2)Sections 169(2) to (5) and 170 of, and Schedule 4 to, the 2006 Act apply (with any necessary modifications) in relation to the Appeal Court as they apply in relation to the Court Martial in a case in which section 169 of that Act applies.

(3)Section 172 of that Act (meaning of “duly approved” etc) applies for the purposes of this section (and references there to the defendant are to be read as references to the appellant).;

(c)in subsection (5) for “a judicial officer” in both places substitute “ the Court Martial ”;

(d)omit subsection (6).

16For section 16A (powers on appeals against sentence) substitute—E+W+S+N.I.

16AAppeals against sentence

(1)Where, on a single occasion, the Court Martial passes two or more sentences on a person, an appeal or application for leave to appeal against any of those sentences is to be treated as an appeal or application in respect of both or all of them.

(2)On an appeal against sentence the Appeal Court may quash the sentence passed by the Court Martial and pass in substitution for it any sentence that—

(a)they think appropriate; and

(b)is a sentence that the Court Martial had power to pass in respect of the offence.

(3)But the Court may not exercise their powers under subsection (2) in such a way that, taking the case as a whole, the appellant is dealt with more severely on appeal than he was dealt with by the Court Martial.

17In section 17 (sentences passed by the Appeal Court)—E+W+S+N.I.

(a)in the sidenote for “or 15” substitute “ , 14A or 16A ”;

(b)for subsection (1) substitute—

(1)Unless the Court otherwise direct, a sentence passed by the Appeal Court under section 13, 14, 14A or 16A takes effect from the beginning of the day on which the Court Martial passed sentence.;

(c)omit subsection (2).

18Omit section 17A (application of certain provisions of SDAs in relation to appeals by civilians).E+W+S+N.I.

19Omit section 18 (retrial generally excluded).E+W+S+N.I.

20In section 19 (power to authorise retrial in certain cases)—E+W+S+N.I.

(a)in subsection (1) for “court-martial” substitute “ the Court Martial ”;

(b)in subsection (2) for the words from “the restrictions” to the end substitute “ section 63 of the 2006 Act (service proceedings barring subsequent service proceedings). ”;

(c)in subsection (3)—

(i)for the words from the beginning to “other than” substitute “ An order under this section may authorise the appellant to be retried for ”;

(ii)in paragraph (a) for “original court-martial” substitute “ Court Martial ”;

(iii)in paragraph (b) for “at the original court-martial” substitute “ by the Court Martial ”;

(iv)in paragraph (c) for “court-martial” substitute “ Court Martial ”;

(d)in subsection (4) for the words from “but whether” to the end substitute “ if any such direction is made the Director of Service Prosecutions must bring the charge or charges so specified (which are to be regarded for the purposes of Part 5 of the 2006 Act as allocated for Court Martial trial). ”;

(e)after that subsection add—

(5)Section 125 of the 2006 Act (powers of DSP after charge) has effect in relation to a charge on which a person is to be retried under this section (whether or not a fresh charge) subject to such modifications as may be contained in Court Martial rules (within the meaning of that Act).

21In section 20 (implementation of authority for retrial etc)—E+W+S+N.I.

(a)for subsection (1) substitute—

(1)Where—

(a)an order under section 19 authorising the retrial of a person has been made, and

(b)the person has not been arraigned (in pursuance of the order) within three months beginning with the date of the order,

the person may not be arraigned unless the Appeal Court give leave.

(1A)A person who may not be arraigned without the leave of the Appeal Court may apply to the Court to set aside the order under section 19.

(1B)On an application under subsection (1) or (1A) the Appeal Court may—

(a)grant leave to arraign; or

(b)set aside the order under section 19.

(1C)But leave to arraign may be granted only if the Appeal Court are satisfied—

(a)that the prosecution has acted with all due expedition; and

(b)that there is a good and sufficient reason for a retrial in spite of the lapse of time since the order under section 19 was made.

(1D)Where an order under section 19 authorising the retrial of a person for an offence is set aside, the person is to be treated as if he had been acquitted by the Court Martial of the offence.

(1E)Where the Appeal Court authorise the retrial of a person they may—

(a)by order authorise the keeping of that person in service custody—

(i)for such period, ending not later than 8 days after the date the order is made, as the Court think appropriate; or

(ii)if the person is legally represented and consents, for such period, not exceeding 28 days, as the Court think appropriate; or

(b)require that person to comply with such requirements as seem to the Court to be necessary for a purpose mentioned in section 107(3) of the 2006 Act.

(1F)Where the person is in service custody the Appeal Court may under subsection (1E)(b) impose a requirement that must be complied with before the person may be released.

(1G)An order under subsection (1E)(a) is to be treated, for the purposes of Part 4 of the 2006 Act, as made under section 105(2) of that Act.

(1H)A requirement imposed under subsection (1E)(b) is to be treated, for the purposes of Part 4 of the 2006 Act, as imposed under section 107(3) of that Act (and, where appropriate, by virtue of section 107(3)(a) of that Act).;

(b)after subsection (2) insert—

(2A)In subsection (2) “relevant time” means—

(a)where arraignment takes place within the three months referred to in subsection (1)—

(i)if the defendant is convicted on his retrial, the end of 28 days beginning with the date of conviction;

(ii)otherwise, the time when the case is finally disposed of;

(b)where arraignment does not take place within those three months, the end of those three months.;

(c)in subsection (3)—

(i)for “a direction” substitute “ an order or direction ”;

(ii)after “that” insert “ order or ”;

(d)after that subsection insert—

(3A)In subsection (3) “relevant time” means—

(a)where arraignment takes place within the three months referred to in subsection (1), the time when the case is finally disposed of;

(b)otherwise, the end of those three months.;

(e)in subsection (4) for “Part VI of the Mental Health (Scotland) Act 1984” substitute “ the Mental Health (Care and Treatment) (Scotland) Act 2003 ”;

(f)omit subsection (5);

(g)in subsection (6) omit the words from “of this Act” to the end.

22In section 21 (appeal against finding of not guilty by reason of insanity)—E+W+S+N.I.

(a)in subsection (1)—

(i)for “court-martial” substitute “ the Court Martial ”;

(ii)omit the words from “; and in relation to” to the end;

(b)after that subsection insert—

(1A)On an appeal under this section the Appeal Court—

(a)shall (subject to subsection (2)) allow the appeal if they think the finding is unsafe; and

(b)shall dismiss the appeal in any other case.

(1B)Sections 19 and 20 and paragraph 2 of Schedule 1 apply in relation to appeals under this section as they apply in relation to appeals against conviction (and references there to conviction, and to related expressions, are to be read accordingly).;

(c)in subsection (2) before “opinion” insert “ the ”.

23In section 22 (consequences where appeal under section 21 allowed)—E+W+S+N.I.

(a)in subsection (2)—

(i)before “opinion” insert “ the ”;

(ii)for “court-martial” in both places substitute “ Court Martial ”;

(b)in subsection (3)—

(i)for “court-martial which tried him” substitute “ Court Martial ”;

(ii)for the words “section 13, 14 or 15 of this Act” substitute “ a provision mentioned in section 17(1) ”;

(c)for subsection (4) substitute—

(3A)If the Appeal Court, on the written or oral evidence of two or more registered medical practitioners at least one of whom is duly approved, are of the opinion mentioned in section 16(1)(b) (court below ought to have found defendant unfit to stand trial etc)—

(a)the Court shall substitute for the finding of the Court Martial findings that the appellant was unfit to stand trial and that he did the act or made the omission charged against him; and

(b)section 16(2) to (5) apply as they apply for the purposes of section 16.

(3B)Section 172 of the 2006 Act (meaning of “duly approved” etc) applies for the purposes of subsection (3A) (and references there to the defendant are to be read as references to the appellant).

(4)If the case is not within subsection (2) or (3A), the Appeal Court must quash the finding appealed against.

(5)Where the Appeal Court quash a finding of not guilty by reason of insanity, the appellant is to be treated as if he had been acquitted by the Court Martial; but this does not apply if an order under section 19 authorising the appellant to be retried is made.

24Omit section 23 (substitution of finding of unfitness to stand trial etc).E+W+S+N.I.

25In section 24 (appeal against finding of unfitness)—E+W+S+N.I.

(a)in subsection (1) for “a court-martial” substitute “ the Court Martial ”;

(b)omit subsection (2).

26(1)Section 25 (disposal of appeals under section 24) is amended as follows.E+W+S+N.I.

(2)After subsection (1) insert—

(1A)The Appeal Court—

(a)shall allow an appeal against a finding if they think the finding is unsafe; and

(b)shall dismiss such an appeal in any other case.

(1B)If the Appeal Court allow an appeal against a finding they shall quash the finding.

(3)In subsection (2)—

(a)for “allow an appeal against” substitute “ quash ”;

(b)in paragraph (a) for “appellant may be tried accordingly” substitute “ Court may make an order authorising the appellant to be tried ”;

(c)for paragraph (b) substitute—

(b)if such an order is made, section 20 and paragraph 2 of Schedule 1 apply in relation to the case as they apply in relation to a case in which an order under section 19 is made (and references there to conviction, and to related expressions, are to be read accordingly).

(4)For subsection (3) substitute—

(3)Where the Appeal Court quash a finding that the defendant did the act or made the omission charged, the appellant is to be treated as if he had been acquitted by the Court Martial; but this does not apply if an order under subsection (2)(a) authorising the appellant to be tried is made.

27For section 25A (right of appeal against hospital order etc) substitute—E+W+S+N.I.

25ARight of appeal against hospital order etc

(1)A person may, with the leave of the Appeal Court, appeal against the making by the Court Martial of an order within subsection (2) in respect of him.

(2)The orders are—

(a)a hospital order;

(b)an interim hospital order;

(c)a service supervision order (as defined by section 170 of the 2006 Act).

28In section 25B (disposal of appeals under section 25A)—E+W+S+N.I.

(a)in subsections (1) and (2) for “court below” in each place substitute “ Court Martial ”;

(b)in subsection (2) omit “under the Mental Health Act 1983”;

(c)for subsections (3) to (5) substitute—

(3)Section 16(5) applies in relation to interim hospital orders made by virtue of this section as it applies in relation to such orders made by virtue of section 16.

(4)The fact that an appeal is pending against a service supervision order (as defined by section 170 of the 2006 Act) shall not affect any power conferred on any other court to revoke or amend the order.

29Omit section 26 (presentation of appellant's case).E+W+S+N.I.

30For section 27 (presence of appellant at hearing) substitute—E+W+S+N.I.

27Right of appellant to be present

(1)An appellant (whether or not in custody) is entitled to be present on the hearing of his appeal.

(2)Subsection (1) does not apply to an appellant in custody—

(a)where his appeal is on a ground involving only a question of law,

(b)on an application by him for leave to appeal, or

(c)on any proceedings preliminary or incidental to an appeal,

unless the Appeal Court give him leave to be present.

31In section 28 (evidence)—E+W+S+N.I.

(a)in subsection (1)—

(i)in paragraph (b), for “at the trial” in the first place where it occurs substitute “ in the proceedings from which the appeal lies ” and in the second place where it occurs substitute “ in those proceedings ”;

(ii)in paragraph (c) for “at the trial” substitute “ in the proceedings from which the appeal lies ”;

(b)in subsection (2)—

(i)in paragraph (c) for “at the trial” substitute “ in the proceedings from which the appeal lies ”;

(ii)in paragraph (d) for “at the trial” substitute “ in those proceedings ”.

32In section 29 (power to call for report by member of trial court)—E+W+S+N.I.

(a)in the sidenote for “trial court” substitute “ the Court Martial ”;

(b)in subsection (1) for the words from “court-martial” to “trial,” substitute “ court in the proceedings from which the appeal lies ”;

(c)omit subsection (2).

33In section 31 (costs of successful appeal) in subsection (2), for the words from “case” to the end substitute “ proceedings (in the Appeal Court and below). ”E+W+S+N.I.

34In section 32 (costs against appellant) in subsection (2) for paragraph (b) substitute—E+W+S+N.I.

(b)if the appellant or applicant is a member of the regular or reserve forces (as defined by section 374 of the 2006 Act), by making deductions from pay due to him,.

35In section 33 (witnesses' expenses) after subsection (1) insert—E+W+S+N.I.

(1A)Subsection (1) applies in relation to a registered medical practitioner who makes a written report to the Appeal Court in pursuance of a request made by the court as it applies in relation to a person who is called to give evidence at the instance of the court.

36In section 34 (reference of cases by service authorities)—E+W+S+N.I.

(a)in subsection (1)—

(i)for “court-martial” in the first place where it occurs substitute “ the Court Martial ” and in the other three places where it occurs substitute “ Court Martial ”;

(ii)in paragraph (a) omit “the Judge Advocate of Her Majesty's Fleet or”;

(iii)for “the Judge Advocate of Her Majesty's Fleet, the Judge Advocate General” substitute “ the Judge Advocate General ”;

(b)omit subsection (3);

(c)in subsection (4) for “a court-martial” substitute “ the Court Martial ”.

37In section 36 (powers exercisable by single judge) in subsection (1)—E+W+S+N.I.

(a)omit “under this Part of this Act”;

(b)omit paragraph (a);

(c)after paragraph (c) insert—

(ca)to make orders, or impose requirements, under section 20(1E);;

(d)in paragraph (g) omit the words from “and the power” to the end;

(e)after paragraph (h) insert—

(i)to give a direction under section 3(4) of the Sexual Offences (Amendment) Act 1992 (direction disapplying provision as to anonymity of victim);

(j)to give leave under section 14(4B) of the Criminal Appeal Act 1995 (leave to add grounds of appeal on reference by Criminal Cases Review Commission);.

38In section 36C (appeals against procedural directions) in subsection (5)(b)—E+W+S+N.I.

(a)for “Defence Council” substitute “ Director of Service Prosecutions ”;

(b)for “Defence Council's” substitute “ Director of Service Prosecutions' ”.

39For section 37 (provision of documents relating to trial) substitute—E+W+S+N.I.

37Provision of record of proceedings of the Court Martial

In the case of every appeal or application for leave to appeal to the Appeal Court, the Judge Advocate General must provide the registrar, in accordance with rules of court, with a record of the proceedings of the Court Martial.

40In section 38 (defence of appeals) for “Defence Council” substitute “ Director of Service Prosecutions ”.E+W+S+N.I.

41For the heading to Part 3 substitute “ APPEAL FROM COURT MARTIAL APPEAL COURT TO SUPREME COURT ”.E+W+S+N.I.

42In section 39 (right of appeal to Supreme Court) in subsection (1) for “Defence Council” substitute “ Director of Service Prosecutions ”.E+W+S+N.I.

43In section 43 (detention of accused)—E+W+S+N.I.

(a)for subsection (1) substitute—

(1)The Appeal Court may make an order under this section where—

(a)but for the decision of the Appeal Court, the accused would be liable to be detained; and

(b)immediately after that decision, the Director of Service Prosecutions is granted leave to appeal or gives notice that he intends to apply for leave to appeal.

(1A)An order under this section is—

(a)an order providing for the detention of the accused so long as any appeal to the Supreme Court is pending; or

(b)an order directing that, so long as any appeal to the Supreme Court is pending, the accused is not to be released except on bail.

(1B)Where an order within subsection (1A)(b) is made, the Appeal Court may grant the accused bail pending the appeal.;

(b)in subsection (4) for “Mental Health (Scotland) Act 1984” substitute “ Mental Health (Care and Treatment) (Scotland) Act 2003 ”.

44Omit section 46 (restitution of property).E+W+S+N.I.

45In section 47 (costs)—E+W+S+N.I.

(a)in subsection (1) for “Secretary of State” in the first place where it occurs substitute “ Director of Service Prosecutions ”;

(b)in subsection (3) for the words from “case up to” to the end substitute “ proceedings (in the Supreme Court and below). ”

46(1)Section 48A (appeals on behalf of deceased persons) is amended as follows.E+W+S+N.I.

(2)In subsection (1)(b) after “above” insert “ or by a reference by the Criminal Cases Review Commission ”.

(3)In subsection (3)(c) for “Court of Appeal” substitute “ Appeal Court ”.

(4)In subsection (4) at the beginning insert “ Except in the case of an appeal begun by a reference by the Criminal Cases Review Commission, ”.

47In section 50 (duties of registrar with respect to appeals etc)—E+W+S+N.I.

(a)in subsection (1) for “court-martial by which the appellant or applicant was tried” substitute “ Court Martial ”;

(b)in subsection (2) for “court-martial” substitute “ the Court Martial ”.

48In section 52 (removal of prisoners) for paragraphs (a) to (c) substitute—E+W+S+N.I.

(a)section 300 of the 2006 Act;.

49In section 54 (saving for prerogative) in subsection (1) for “court-martial” substitute “ the Court Martial ”.E+W+S+N.I.

50For section 56 substitute—E+W+S+N.I.

56Modifications for protected prisoners of war

As respects a protected prisoner of war (as defined by section 7(1) of the Geneva Conventions Act 1957), this Act applies in relation to a prisoner of war court-martial constituted under a Royal Warrant as it applies in relation to the Court Martial, subject to such modifications as may be contained in the Royal Warrant.

51(1)Section 57 (interpretation) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)after “unless the context otherwise requires,—” insert—

the 2006 Act” means the Armed Forces Act 2006;;

(b)omit the definitions of—

  • “the Air Force Act”;

  • “air force court-martial”;

  • “the Army Act”;

  • “army court-martial”;

  • “court-martial”;

  • “duly approved”;

  • “the Judge Advocate General”;

  • “judicial officer”;

  • “the Naval Discipline Act”;

  • “naval court-martial”;

  • “restriction order”;

  • “supervision order”;

(c)in the definition of “appellant” omit “has been tried by court-martial and”;

(d)after the definition of “court-martial” (omitted by virtue of sub-paragraph (b)) insert—

Director of Service Prosecutions” has the meaning given by section 374 of the 2006 Act;.

(3)Omit subsections (2) to (2B).

(4)In subsection (3) for the words from “the accused in the court-martial” to the end substitute “ the appellant in the Appeal Court. ”

52Omit section 58 (consequential amendments).E+W+S+N.I.

53In section 61 (short title and commencement), in subsection (1) for “Courts-Martial (Appeals) Act 1968” substitute “ Court Martial Appeals Act 1968 ”.E+W+S+N.I.

54For Schedule 1 (provisions as to retrial) substitute—E+W+S+N.I.

Section 20

SCHEDULE 1E+W+S+N.I.Provisions as to Retrial

1This Schedule applies where an order under section 19 is made authorising the retrial of a person.

2Evidence given at the retrial must be given orally if it was given orally at the original trial, unless—

(a)all parties to the retrial agree otherwise;

(b)section 116 of the Criminal Justice Act 2003 applies (admissibility of hearsay evidence where a witness is unavailable); or

(c)the witness is unavailable to give evidence, otherwise than as mentioned in subsection (2) of that section, and section 114(1)(d) of that Act applies (admission of hearsay evidence under residual discretion).

3If the person is convicted on the retrial, the Court Martial may not pass a sentence that is (or sentences that, taken together, are) more severe than the sentence (or the sentences, taken together) passed at the original trial.

4In sections 246 and 247 of the 2006 Act (crediting of time in service custody) as they apply in relation to the retrial, references to the offender being kept in service custody include references to his being kept in custody (whether service or otherwise) in pursuance of a sentence passed at the original trial.

55Omit Schedule 3 (modifications in relation to prisoners of war).E+W+S+N.I.

56Omit Schedule 4 (consequential amendments).E+W+S+N.I.

Prospective

Section 276

SCHEDULE 9E+W+S+N.I.Assessors of compensation for miscarriages of justice

1(1)A person is qualified for appointment as an assessor for the purposes of section 276 if he—E+W+S+N.I.

(a)has a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41);

(b)is an advocate or solicitor in Scotland;

(c)is a member of the Bar of Northern Ireland, or a solicitor of the Court of Judicature of Northern Ireland, of at least seven years' standing;

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

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

(f)has in a relevant territory rights and duties similar to those of a barrister or solicitor in England and Wales, has had those rights and duties for at least seven years, and is subject to punishment or disability for breach of professional rules.

(2)In this paragraph “relevant territory” means—

(a)any of the Channel Islands;

(b)the Isle of Man;

(c)a Commonwealth country; or

(d)a British overseas territory.

2A person shall hold and vacate office as an assessor in accordance with the terms of his appointment.E+W+S+N.I.

3A person shall vacate office as an assessor—E+W+S+N.I.

(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 276 that he should continue to hold office.

4A person may at any time resign his office as an assessor by notice in writing given to the Secretary of State.E+W+S+N.I.

5Subject to paragraph 6, the Secretary of State may at any time remove a person from office as an assessor if satisfied that—E+W+S+N.I.

(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; or

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

6(1)The exercise of the power conferred by paragraph 5 is subject to the following provisions of this paragraph.E+W+S+N.I.

(2)In the case of a person who qualifies for appointment under—

(a)paragraph 1(1)(a), or

(b)paragraph 1(1)(d) by virtue of holding or having held judicial office in England and Wales,

that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of England and Wales.

(3)In the case of a person who qualifies for appointment under—

(a)paragraph 1(1)(b), or

(b)paragraph 1(1)(d) by virtue of holding or having held judicial office in Scotland,

that power shall only be exercisable with the consent of the Lord President of the Court of Session.

(4)In the case of a person who qualifies for appointment under—

(a)paragraph 1(1)(c), or

(b)paragraph 1(1)(d) by virtue of holding or having held judicial office in Northern Ireland,

that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of Northern Ireland.

7An assessor shall be paid such remuneration and allowances as the Secretary of State may determine.E+W+S+N.I.

Prospective

Section 278

SCHEDULE 10E+W+S+N.I.Proceedings of the Service Civilian Court

Court to sit in publicE+W+S+N.I.

1Subject to any provision made by SCC rules, the Service Civilian Court must sit in open court.E+W+S+N.I.

Unfitness to stand trial and insanityE+W+S+N.I.

2Where on a trial of a charge by the Service Civilian Court any question arises (whether at the instance of the defence or otherwise)—E+W+S+N.I.

(a)whether the defendant is fit to stand trial, or

(b)where it appears that the defendant did the act or made the omission charged against him as the offence, whether he was insane at the time of the act or omission,

the court must refer the charge to the Court Martial for trial by that court.

Privilege of witnesses and othersE+W+S+N.I.

3A witness before the Service Civilian Court or any other person whose duty it is to attend the court is entitled to the same immunities and privileges as a witness before a magistrates' court in England or Wales.E+W+S+N.I.

Prospective

Section 321

SCHEDULE 11E+W+S+N.I.Powers of the Criminal Cases Review Commission

Amendment of the Court Martial Appeals Act 1968E+W+S+N.I.

1After section 29 of the Court Martial Appeals Act 1968 insert—E+W+S+N.I.

29APower to order investigation by Criminal Cases Review Commission

(1)On an appeal against conviction or an application for leave to appeal against conviction, the Appeal Court may direct the Criminal Cases Review Commission to investigate and report to the Court on any matter if it appears to the Court that—

(a)in the case of an appeal, the matter is relevant to the determination of the appeal and ought, if possible, to be resolved before the appeal is determined;

(b)in the case of an application for leave to appeal, the matter is relevant to the determination of the application and ought, if possible, to be resolved before the application is determined;

(c)an investigation of the matter by the Commission is likely to result in the Court's being able to resolve it; and

(d)the matter cannot be resolved by the Court without an investigation by the Commission.

(2)A direction under subsection (1) above may not be given by a single judge, notwithstanding that, in the case of an application for leave to appeal, the application may be determined by a single judge as provided for by section 36 of this Act.

(3)A direction by the Appeal Court under subsection (1) above shall be given in writing and shall specify the matter to be investigated.

(4)Copies of such a direction shall be made available to the appellant and the respondent.

(5)Where the Commission have reported to the Appeal Court on any matter which they have been directed under subsection (1) above to investigate, the Court—

(a)shall notify the appellant and the respondent that the Commission have reported; and

(b)may make available to the appellant and the respondent the report of the Commission and any statements, opinions and reports which accompanied it.

(6)In this section “respondent” includes a person who will be a respondent if leave to appeal is granted.

Amendments of the Criminal Appeal Act 1995E+W+S+N.I.

2After section 12 of the Criminal Appeal Act 1995 (c. 35) insert—E+W+S+N.I.

12ACases dealt with by the Court Martial

(1)Where a person has been convicted by the Court Martial (including on an appeal brought from the Service Civilian Court), the Commission—

(a)may at any time refer the conviction to the Court Martial Appeal Court, and

(b)(whether or not they refer the conviction) may at any time refer to the Court Martial Appeal Court any sentence (other than one fixed by law) imposed by the Court Martial on, or in subsequent proceedings relating to, the conviction.

(2)Where a person has been convicted by the Service Civilian Court and sentenced by the Court Martial on an appeal against sentence only, the Commission may at any time refer to the Court Martial Appeal Court that sentence of the Court Martial and any other sentence imposed by the Court Martial in respect of a connected conviction within the meaning given by section 12B(6).

(3)A reference under subsection (1) of a person's conviction shall be treated for all purposes as an appeal by the person under section 8 of the Court Martial Appeals Act against the conviction.

(4)On a reference under subsection (1) of a person's conviction, the Commission may give notice to the Court Martial Appeal Court that any related conviction specified in the notice is to be treated as referred to that court under subsection (1).

(5)A reference under subsection (1) of a sentence imposed on, or in subsequent proceedings relating to, a person's conviction shall be treated for all purposes as an appeal by the person under section 8 of the Court Martial Appeals Act against—

(a)the sentence, and

(b)any other sentence (other than one fixed by law) imposed by the Court Martial on, or in subsequent proceedings relating to, the conviction or any related conviction.

(6)A reference under subsection (2) of a person's sentence shall be treated for all purposes as an appeal by the person under section 8 of the Court Martial Appeals Act against—

(a)the sentence, and

(b)any other sentence imposed by the Court Martial in respect of a connected conviction within the meaning given by section 12B(6).

(7)Where a finding of not guilty by reason of insanity has been made by the Court Martial in the case of a person, the Commission may at any time refer the finding to the Court Martial Appeal Court; and a reference under this subsection shall be treated for all purposes as an appeal by the person under section 21 of the Court Martial Appeals Act against the finding.

(8)Where the Court Martial has found that a person is under a disability and that he did the act or made the omission charged against him, the Commission may at any time refer either or both of those findings to the Court Martial Appeal Court; and a reference under this subsection shall be treated for all purposes as an appeal by the person under section 24 of the Court Martial Appeals Act against the finding or findings referred.

(9)For the purposes of this section convictions are “related” if they are of the same person in the same proceedings.

12BCases dealt with by the Service Civilian Court

(1)Where a person has been convicted of an offence by the Service Civilian Court, the Commission—

(a)may at any time refer the conviction to the Court Martial; and

(b)(whether or not they refer the conviction) may at any time refer to the Court Martial any sentence imposed by the Service Civilian Court on, or in subsequent proceedings relating to, the conviction.

(2)A reference under subsection (1) of a person's conviction shall be treated for all purposes as an appeal by the person under section 285 of the Armed Forces Act 2006 against the conviction (whether or not he pleaded guilty).

(3)A reference under subsection (1) of a sentence imposed on, or in subsequent proceedings relating to, a person's conviction shall be treated for all purposes as an appeal by the person under section 285 of the Armed Forces Act 2006 against—

(a)the sentence, and

(b)any other sentence imposed by the Service Civilian Court on, or in subsequent proceedings relating to, the conviction or any connected conviction.

(4)On a reference under subsection (1) of a person's conviction, the Commission may give notice to the Court Martial that any connected conviction which is specified in the notice is to be treated as referred to the Court Martial under subsection (1).

(5)On a reference under this section the Court Martial may not impose a sentence more severe than that imposed by the Service Civilian Court.

(6)For the purposes of this section convictions are “connected” if they are of the same person by the same court on the same day.

3In section 13(1) of that Act (conditions for making of references), for “12” substitute “ 12B ”.E+W+S+N.I.

4(1)Section 14 of that Act (further provisions about references) is amended as follows.E+W+S+N.I.

(2)In subsection (1) for “12” substitute “ 12B ”.

(3)In subsection (2) for “12” substitute “ 12B ”.

(4)In subsection (3)—

(a)for “9 or 10” substitute “ 9, 10 or 12A ”;

(b)after “Court of Appeal”, in the first place where it occurs, insert “ or, as the case may be, of the Court Martial Appeal Court ”;

(c)for “Court of Appeal”, in the second place where it occurs, substitute “ court to which the reference is made ”.

(5)In subsection (4) for “12” substitute “ 12B ”.

(6)In subsection (4A) for “9 or 10” substitute “ 9, 10 or 12A ”.

(7)In subsection (4B) after “Court of Appeal” insert “ or, as the case may be, the Court Martial Appeal Court ”.

(8)In subsection (5) for “11 or 12” substitute “ 11, 12 or 12B ”.

(9)In subsection (6) for “12” substitute “ 12B ”.

5(1)Section 15 of that Act (investigations for Court of Appeal) is amended as follows.E+W+S+N.I.

(2)In the sidenote after “Court of Appeal” insert “ and Court Martial Appeal Court ”.

(3)In subsection (1)—

(a)after “a direction” insert “ (a relevant direction) ”;

(b)after “1980 Act” insert “ or by the Court Martial Appeal Court under section 29A(1) of the Court Martial Appeals Act, ”.

(4)In subsection (2) for “Court of Appeal” substitute “ relevant Court ”.

(5)In subsection (3)—

(a)in paragraph (a)—

(i)for “Court of Appeal” substitute “ relevant Court ”;

(ii)for the words from “direction” to “1980 Act” substitute “ relevant direction ”;

(b)in paragraph (b) for “Court of Appeal” substitute “ relevant Court ”.

(6)In subsection (4)—

(a)for the words from “report to” to “1980 Act” substitute “ report to the relevant Court on the investigation of any matter specified in a relevant direction ”;

(b)for “Court of Appeal”, in the second place where it occurs, substitute “ relevant Court ”.

(7)After subsection (7) add—

(8)In this section “relevant Court”, in relation to a direction, means the court that gave the direction.

6In section 16 of that Act (assistance in connection with prerogative of mercy), after subsection (2) add—E+W+S+N.I.

(3)In subsection (1) “conviction” includes a conviction by the Court Martial or the Service Civilian Court, and in subsection (2) “case” includes the case of such a conviction.

7(1)Section 18 of that Act (Government documents etc relating to current or old cases) is amended as follows.E+W+S+N.I.

(2)In subsection (2) at the end of paragraph (b) add or

(c)is considering the case, or has at any earlier time considered the case, with a view to deciding whether to make a reference under section 34 of the Court Martial Appeals Act or whether to recommend the exercise of Her Majesty's prerogative of mercy in relation to a conviction by the Court Martial or the Service Civilian Court.

(3)After subsection (4) add—

(5)The Secretary of State shall, if required by the Commission to do so, give to the Commission any document or other material which—

(a)contains representations made to him in relation to any case to which this subsection applies, or

(b)was received by him in connection with any such case otherwise than from a person serving in a government department,

and may give to the Commission any document or other material which is relevant to any such case but does not fall within paragraph (a) or (b).

(6)Subsection (5) applies to a case if the Secretary of State is considering the case, or has at any earlier time considered the case, as mentioned in subsection (2)(c).

8(1)Section 19 of that Act (power to require appointment of investigating officers) is amended as follows.E+W+S+N.I.

(2)In subsection (3) after “police” insert “ or Provost Marshal ”.

(3)In subsection (4)(b) for the words from “in another” to the end substitute “ either in another police force selected by the chief officer or in a service police force selected by him. ”.

(4)After subsection (4) insert—

(4A)A requirement under this section imposed on a Provost Marshal may be—

(a)a requirement to appoint a person serving in the service police force in relation to which he is Provost Marshal, or

(b)a requirement to appoint a person serving either in a police force selected by the Provost Marshal or in another service police force selected by him.

(5)In subsection (5)—

(a)for the words from “imposed” to “may be” substitute “ imposed otherwise than on a chief officer of police or a Provost Marshal may be ”;

(b)in paragraph (a) after “body” insert “ in relation to which the person on whom the requirement is imposed is the appropriate person ”;

(c)in paragraph (b) for the words from “police force” to “having” substitute “ police force or service police force, or in a public body (other than such a force) having ”.

(6)In subsection (6)—

(a)after “police force” insert “ or service police force ”;

(b)after “(4)” insert “ , (4A) ”.

9(1)Section 22 of that Act (meaning of “public body” etc) is amended as follows.E+W+S+N.I.

(2)In subsection (4) (meaning of “the appropriate person”), after “means” insert “ , subject to subsection (4B) ”.

(3)After subsection (4) add—

(4A)Subsection (4B) applies in relation to—

(a)the Royal Navy, the Royal Marines, the Royal Fleet Reserve, the Royal Naval Reserve and the Royal Marines Reserve,

(b)the regular army (within the meaning of the Armed Forces Act 2006), the Army Reserve and the Territorial Army, and

(c)the Royal Air Force, the Royal Air Force Reserve and the Royal Auxiliary Air Force.

(4B)In relation to a public body mentioned in subsection (4A), “the appropriate person” means—

(a)in section 17, the Secretary of State;

(b)in sections 19 and 20—

(i)in the case of a body mentioned in subsection (4A)(a), the Provost Marshal for the Royal Navy Police,

(ii)in the case of a body mentioned in subsection (4A)(b), the Provost Marshal for the Royal Military Police,

(iii)in the case of a body mentioned in subsection (4A)(c), the Provost Marshal for the Royal Air Force Police.

(4C)In section 19 “service police force” has the same meaning as in the Armed Forces Act 2006.

10(1)Section 30 of that Act is amended as follows.E+W+S+N.I.

(2)In subsection (1) after the definition of “the Commission” insert—

the Court Martial Appeals Act” means the Court Martial Appeals Act 1968,.

(3)In subsection (2) (meaning of “sentence”), after paragraph (d) add—

(e)in section 12A has the same meaning as in the Court Martial Appeals Act,

(f)in section 12B has the same meaning as in section 285 of the Armed Forces Act 2006.

11(1)In section 33 of that Act (extent), after subsection (4) add—E+W+S+N.I.

(5)Nothing in this section affects the extent of—

(a)section 12A or 12B;

(b)section 14(4A) and (4B) so far as relating to the Court Martial Appeal Court; or

(c)section 14(5) so far as relating to the Service Civilian Court.

(6)Section 384 of the Armed Forces Act 2006 (Channel Islands, Isle of Man and British overseas territories) applies in relation to the provisions mentioned in subsection (5) above as it applies in relation to that Act.

Prospective

Section 351

SCHEDULE 12E+W+S+N.I.Detention etc of persons in overseas service hospitals

The relevant conditionsE+W+S+N.I.

1(1)In this Schedule references to the relevant conditions, in relation to a person, are to the following conditions.E+W+S+N.I.

(2)Condition A is that the person is suffering from mental disorder.

(3)Condition B is that the mental disorder is of such a nature or degree as to warrant his detention in a hospital for assessment or treatment for at least a limited period.

(4)Condition C is that it is necessary that the person be so detained—

(a)in the interests of his own health or safety; or

(b)with a view to the protection of others.

Order for person's detention in overseas service hospitalE+W+S+N.I.

2(1)This paragraph has effect in relation to—E+W+S+N.I.

(a)a person subject to service law, or

(b)a civilian subject to service discipline,

outside the British Islands.

(2)Sub-paragraph (3) applies if it appears to the person's commanding officer that all the relevant conditions are met in the case of the person and—

(a)two registered medical practitioners make recommendations that an order under that sub-paragraph should be made in relation to the person; or

(b)the case is urgent and one registered medical practitioner makes a recommendation that such an order should be made in relation to the person.

(3)The commanding officer may make an order—

(a)in a case where, at the time the order is made, the person has been admitted to an overseas service hospital and has not been discharged—

(i)for the person's detention in that service hospital for assessment or treatment; or

(ii)for the person's admission to and detention in another overseas service hospital specified in the order for assessment or treatment;

(b)otherwise, for the person's admission to and detention in an overseas service hospital specified in the order for assessment or treatment.

(4)Sub-paragraph (5) applies if—

(a)the person's commanding officer makes an order under sub-paragraph (3) for the person's detention in (or admission to and detention in) a service hospital on the recommendation of one registered medical practitioner; and

(b)while the order is in force, there is produced to him a recommendation of another registered medical practitioner that an order under sub-paragraph (5) should be made in relation to the person.

(5)The commanding officer may make an order—

(a)for the person's further detention in that service hospital for assessment or treatment; or

(b)for the person's admission to and detention in another overseas service hospital specified in the order for assessment or treatment.

(6)See paragraph 4 for requirements as to recommendations under this paragraph.

Effect of order under paragraph 2E+W+S+N.I.

3(1)This paragraph makes provision as to the effect of an order of a person's commanding officer under paragraph 2.E+W+S+N.I.

(2)An order under paragraph 2(3) has effect—

(a)if made by virtue of paragraph 2(2)(a), for 28 days;

(b)if made by virtue of paragraph 2(2)(b), for 5 days.

(3)An order under paragraph 2(5) has effect for 28 days from the date of the order under paragraph 2(3) referred to in paragraph 2(4).

(4)While in force, the order is sufficient authority—

(a)in a case where the order is made under paragraph 2(3)(a)(ii) or (b) or (5)(b), for the person to be taken and conveyed to the service hospital specified in the order;

(b)in any case, for the person to be detained in the service hospital specified in the order; and

(c)in a case where arrangements are made for the person to be removed to the United Kingdom for further assessment or treatment, for him to be—

(i)taken from the service hospital specified in the order and conveyed to the United Kingdom; and

(ii)for that purpose, detained in any place or on board any ship or aircraft.

(5)Where the person is removed to the United Kingdom on the authority of the order, he must not after arriving in the United Kingdom be detained, on that authority, for longer than 24 hours.

Requirements as to recommendations under paragraph 2E+W+S+N.I.

4(1)A recommendation under paragraph 2 must include a statement that the person making it is satisfied that all the relevant conditions are met in the case of the person to whom it relates.E+W+S+N.I.

(2)A recommendation under paragraph 2(2)(b) must also include a statement that—

(a)the person needs to be detained in (or admitted to and detained in) a hospital urgently; and

(b)the urgency makes it impracticable for another recommendation to be sought before making an order under paragraph 2(3) in relation to the person.

Exercise of powers under paragraph 2 where person's commanding officer is absent etcE+W+S+N.I.

5(1)This paragraph has effect in relation to a person subject to service law outside the British Islands.E+W+S+N.I.

(2)If the person's commanding officer is absent or otherwise not available, any authorised officer may exercise in relation to the person the powers conferred by paragraph 2.

(3)For the purposes of this paragraph, an officer is “authorised” if he is—

(a)subject to service law;

(b)of or above the rank of naval lieutenant, military or marine captain or flight lieutenant; and

(c)under the command of the person's commanding officer.

Power to review order under paragraph 2E+W+S+N.I.

6(1)The Secretary of State may make regulations for enabling a person to apply for the revocation of an order under paragraph 2 as soon as the order is made.E+W+S+N.I.

(2)The regulations may in particular make provision as to—

(a)who may make an application;

(b)the persons who are to hear the application;

(c)the procedure for hearing the application (including evidence);

(d)the grounds on which the order may be revoked;

(e)the functions of the persons hearing the application.

(3)Regulations under sub-paragraph (2)(e) may in particular confer on the persons hearing the application—

(a)power to confirm an order under paragraph 2;

(b)power to revoke such an order and order the immediate release of the person subject to the order.

Detention of resident patients in overseas service hospitals pending order under paragraph 2(3)E+W+S+N.I.

7(1)This paragraph applies if—E+W+S+N.I.

(a)a registered medical practitioner determines that all the relevant conditions are met in the case of a patient in an overseas service hospital who is a person subject to service law or a civilian subject to service discipline; or

(b)a prescribed person determines that all the relevant conditions appear to be met in the case of such a patient.

(2)The person making the determination must, as soon as practicable—

(a)make a record of the determination and the reasons for it; and

(b)make a request for an order under paragraph 2(3) to be made in relation to the patient.

(3)The commanding officer of the service hospital may detain the patient at the service hospital for the purpose of enabling such an order to be sought in relation to him.

(4)But the patient may not be detained under this paragraph beyond—

(a)the end of the detention period (see sub-paragraphs (5) to (7)); or

(b)if sooner, the making of a determination whether or not to make such an order in relation to him.

(5)If the person making the determination under sub-paragraph (1) is a registered medical practitioner, the detention period is 24 hours beginning with the time when the record required by sub-paragraph (2) was made.

(6)If that person is not a registered medical practitioner, the detention period is—

(a)6 hours beginning with that time; or

(b)if before the end of that 6 hour period a registered medical practitioner determines that all the relevant conditions are met in the case of the patient, 24 hours beginning with that time.

(7)But if during that 6 hour period a registered medical practitioner determines that one or more of the relevant conditions are not met in the case of the patient—

(a)the patient must be released immediately; and

(b)the detention period ends with his release.

(8)The person making a determination under sub-paragraph (6)(b) must, as soon as practicable, make a record of the determination and the reasons for it.

(9)In this paragraph “prescribed person” means a person of a description prescribed by regulations made by the Secretary of State.

Urgent removal from service living accommodation to overseas service hospitalE+W+S+N.I.

8(1)This paragraph applies if a service policeman has reasonable grounds for believing that—E+W+S+N.I.

(a)there is in any service living accommodation outside the British Islands a person (“the patient”) who is a person subject to service law or a civilian subject to service discipline;

(b)the patient is suffering from mental disorder;

(c)the patient is in urgent need of care or control to prevent him causing serious harm to himself or others; and

(d)the urgent need to remove the patient to and detain him in a service hospital makes it impracticable for an order under paragraph 2(3) to be sought before removing and detaining him.

(2)The service policeman may—

(a)enter the service living accommodation; and

(b)remove the patient to an overseas service hospital.

(3)The service policeman must if reasonably practicable be accompanied by—

(a)a registered medical practitioner, or

(b)a person of a description prescribed by regulations made by the Secretary of State,

who may assist the service policeman to exercise the power conferred on him by sub-paragraph (2).

(4)The commanding officer of the service hospital to which the patient is removed may detain him at the service hospital for the purpose of enabling an order under paragraph 2(3) to be sought in relation to him.

(5)But the patient may not be detained under this paragraph beyond—

(a)the end of the detention period (see sub-paragraphs (6) and (7)); or

(b)if sooner, the making of a determination whether or not to make such an order in relation to him.

(6)The detention period is—

(a)6 hours beginning with his arrival at the service hospital; or

(b)if before the end of that 6 hour period a registered medical practitioner determines that all the relevant conditions are met in the case of the patient, 24 hours beginning with that time.

(7)But if during that 6 hour period a registered medical practitioner determines that one or more of the relevant conditions are not met in the case of the patient—

(a)the patient must be released immediately; and

(b)the detention period ends with his release.

(8)The person making a determination under sub-paragraph (6)(b) must, as soon as practicable, make a record of the determination and the reasons for it.

Urgent removal from other places to overseas service hospitalE+W+S+N.I.

9(1)This paragraph applies if a service policeman finds a person (“the patient”) in a relevant place outside the British Islands and it appears to the service policeman that—E+W+S+N.I.

(a)the patient is a person subject to service law or a civilian subject to service discipline;

(b)the patient is suffering from mental disorder; and

(c)the urgent need to remove the patient to and detain him in a service hospital makes it impracticable for an order under paragraph 2(3) to be sought before removing and detaining him.

(2)The service policeman may remove the patient to an overseas service hospital.

(3)The commanding officer of the service hospital to which the patient is removed may detain him at the service hospital for the purpose of enabling an order under paragraph 2(3) to be sought in relation to him.

(4)But the patient may not be detained under this paragraph beyond—

(a)the end of the detention period (see sub-paragraphs (5) and (6)); or

(b)if sooner, the making of a determination whether or not to make such an order in relation to him.

(5)The detention period is—

(a)6 hours beginning with his arrival at the service hospital; or

(b)if before the end of that 6 hour period a registered medical practitioner determines that all the relevant conditions are met in the case of the patient, 24 hours beginning with that time.

(6)But if during that 6 hour period a registered medical practitioner determines that one or more of the relevant conditions are not met in the case of the patient—

(a)the patient must be released immediately; and

(b)the detention period ends with his release.

(7)The person making a determination under sub-paragraph (5)(b) must, as soon as practicable, make a record of the determination and the reasons for it.

(8)In this paragraph “relevant place” means—

(a)a place to which the public have access; or

(b)any premises (within the meaning of Part 3) which are permanently or temporarily occupied or controlled for the purposes of any of Her Majesty's forces but are not service living accommodation.

Use of forceE+W+S+N.I.

10Where a power is conferred on any person by virtue of this Schedule, he may use reasonable force, if necessary, in the exercise of the power.E+W+S+N.I.

Service custodyE+W+S+N.I.

11While a person is being conveyed, removed or detained by virtue of any provision of this Schedule, the person is deemed to be in service custody.E+W+S+N.I.

DefinitionsE+W+S+N.I.

12(1)In this Schedule “overseas service hospital” means a service hospital outside the British Islands.E+W+S+N.I.

(2)In this Schedule “service hospital” means—

(a)a military, air-force or naval unit or establishment, or

(b)a ship,

at or in which medical or surgical treatment is provided for persons subject to service law.

(3)In this Schedule “service living accommodation” has the same meaning as in Part 3 (see section 96).

Prospective

Section 353

SCHEDULE 13E+W+S+N.I.Protection of children of service families

1(1)Section 17 of the Armed Forces Act 1991 (power to make service family child assessment orders) is amended as follows.E+W+S+N.I.

(2)In subsection (1)(a) for “civilian in a corresponding position” substitute “ civilian subject to service discipline ”

(3)In subsection (3) for “the officer having jurisdiction” substitute “ a judge advocate ”.

(4)In subsection (5)—

(a)for “the officer” substitute “ the judge advocate ”;

(b)for “an officer” substitute “ a judge advocate ”.

2(1)Section 18 of that Act (content, effect, variation and discharge of assessment orders) is amended as follows.E+W+S+N.I.

(2)In subsection (2)(b) for “officer” substitute “ judge advocate ”.

(3)In subsection (6) for “officer” substitute “ judge advocate ”.

(4)In subsection (8)—

(a)for “or a civilian in a corresponding position who” substitute “ , or a civilian subject to service discipline, commits an offence if he ”;

(b)omit the words “on him”;

(c)omit the words from “shall be liable” to the end.

(5)After that subsection insert—

(8A)A person guilty of an offence under this section is liable to any punishment mentioned in rows 5 to 12 of the Table in section 164 of the Armed Forces Act 2006.

(8B)For the purposes of determining the court's powers when sentencing a civilian offender (within the meaning of Part 1 of Schedule 3 to the Armed Forces Act 2006) for an offence under this section, subsection (8A) has effect as if the reference to rows 5 to 12 were to rows 2 to 7.

(8C)For the purposes of determining the court's powers when sentencing an offender to whom Part 2 of that Schedule applies (ex-servicemen etc) for an offence under this section, subsection (8A) has effect as if the reference to rows 5 to 12 were to rows 5 to 10.

(6)Omit subsection (9).

3(1)Section 19 of that Act (power to make orders for the emergency protection of children of service families) is amended as follows.E+W+S+N.I.

(2)In subsection (1)(a) for “civilian in a corresponding position” substitute “ civilian subject to service discipline ”.

(3)In subsection (3) for “the officer having jurisdiction” substitute “ a judge advocate ”.

(4)In subsection (4) for “officer”, in both places, substitute “ judge advocate ”.

4(1)Section 20 of that Act (content and effect of protection orders) is amended as follows.E+W+S+N.I.

(2)In subsection (4) for “officer” substitute “ judge advocate ”.

(3)In subsection (6)(b)(iii) for “the officer having jurisdiction” substitute “ a judge advocate ”.

(4)For subsections (9) and (10) substitute—

(9)A person subject to service law, or a civilian subject to service discipline, commits an offence if he—

(a)intentionally obstructs any person exercising the power under subsection (2)(b) above to remove, or prevent the removal of, a child; or

(b)intentionally fails to comply with an exclusion requirement included in a protection order by virtue of section 20A below.

(9A)A person guilty of an offence under this section is liable to any punishment mentioned in rows 5 to 12 of the Table in section 164 of the Armed Forces Act 2006.

(9B)For the purposes of determining the court's powers when sentencing a civilian offender (within the meaning of Part 1 of Schedule 3 to the Armed Forces Act 2006) for an offence under this section, subsection (9A) has effect as if the reference to rows 5 to 12 were to rows 2 to 7.

(9C)For the purposes of determining the court's powers when sentencing an offender to whom Part 2 of that Schedule applies (ex-servicemen etc) for an offence under this section, subsection (9A) has effect as if the reference to rows 5 to 12 were to rows 5 to 10.

5After that section insert—E+W+S+N.I.

20APower to include exclusion requirement in protection order

(1)Where—

(a)a judge advocate (on being satisfied as mentioned in section 19(3)(a), (b) or (c)) makes a protection order with respect to a child, and

(b)conditions A, B and C are satisfied,

the judge advocate may include an exclusion requirement in the protection order.

(2)An exclusion requirement is any one or more of the following—

(a)a provision requiring a person who is subject to service law or is a civilian subject to service discipline to leave relevant premises in which he is living with the child;

(b)a provision prohibiting a person who is subject to service law or is a civilian subject to service discipline from entering relevant premises in which the child lives;

(c)a provision excluding such a person from a defined area in which relevant premises in which the child lives are situated.

(3)Condition A is that there is reasonable cause to believe that, if the person to whom the exclusion requirement would relate (“the relevant person”) is excluded from relevant premises in which the child lives—

(a)in the case of an order made on the ground mentioned in section 19(3)(a) or (b), the child will not be likely to suffer significant harm, even though not removed as mentioned in section 19(3)(a) or not remaining as mentioned in section 19(3)(b);

(b)in the case of an order made on the ground mentioned in section 19(3)(c), the enquiries referred to there will cease to be frustrated.

(4)Condition B is that a person (other than the relevant person) living in the relevant premises in which the child lives, whether or not he is the child's parent—

(a)is able and willing to give to the child the care which it would be reasonable to expect a parent to give him; and

(b)consents to the inclusion of the exclusion requirement.

(5)Condition C is that the judge advocate is satisfied—

(a)that, throughout the duration of the requirement, alternative accommodation which the judge advocate considers appropriate will be available to the relevant person; and

(b)where the relevant person is subject to service law, that the relevant person's commanding officer also considers that that accommodation is appropriate.

(6)If, while a protection order containing an exclusion requirement is in force, the child has in pursuance of the order been removed from the relevant premises to which the requirement relates to other accommodation for a continuous period of more than 24 hours, the order shall cease to have effect so far as it imposes the exclusion requirement.

(7)In this section “relevant premises” means premises occupied as a residence by a person subject to service law or a civilian subject to service discipline.

(8)Who is the relevant person's “commanding officer” for the purposes of subsection (5)(b) shall be determined by or under regulations made by the Defence Council.

6(1)Section 21 of that Act (duration of protection orders) is amended as follows.E+W+S+N.I.

(2)In subsection (1) for the words from “being” to the end substitute “ which must be a period of not more than 28 days beginning with the date of the order. ”

(3)In subsection (2)—

(a)for “the officer having jurisdiction” substitute “ a judge advocate ”;

(b)in paragraph (a), for the words from “applicable” to “that officer” substitute “ permitted by subsection (1) above ”;

(c)in the words after paragraph (b) for “that officer” substitute “ the judge advocate ”.

(4)In subsection (3) for “officer”, in both places, substitute “ judge advocate ”.

(5)In subsection (5) for “an officer” substitute “ a judge advocate ”.

7(1)Section 22 of that Act (review and discharge of protection orders) is amended as follows.E+W+S+N.I.

(2)In subsection (2) for “superior officer” substitute “ judge advocate ”.

(3)In subsection (4)—

(a)for “superior officer” substitute “ judge advocate ”;

(b)for the words from “consider whether” to the end of paragraph (b) substitute consider whether, if the order were discharged and—

(a)(where the power under section 20(2)(b)(i) has been exercised) if the child were returned by the responsible person, or

(b)(where the power under section 20(2)(b)(ii) has been exercised) if the child were allowed to be removed from the place in which he was being accommodated immediately before the making of the order,.

(4)In subsection (5) for “the officer having jurisdiction” substitute “ a judge advocate ”.

(5)After that subsection insert—

(5A)On the application of the person to whom an exclusion requirement contained in a protection order relates, a judge advocate may, in such circumstances and subject to such conditions as may be prescribed by regulations, vary the exclusion requirement or discharge the order so far as it imposes the exclusion requirement.

(6)In subsection (7) for “officer” substitute “ judge advocate ”.

8After that section insert—E+W+S+N.I.

22ARemoval and accommodation of children by service police in emergency

(1)Where a service policeman has reasonable cause to believe that a relevant child would otherwise be likely to suffer significant harm, he may, if authorised—

(a)remove the child to suitable accommodation and keep him there; or

(b)take such steps as are reasonable to ensure that the child's removal from any service hospital, or other place, in which he is then being accommodated is prevented.

(2)In this section, a child with respect to whom a service policeman has exercised the power under subsection (1) is referred to as having been taken into service police protection.

(3)As soon as is reasonably practicable after taking a child into service police protection, the service policeman concerned shall—

(a)inform the appropriate service police officer of the steps that have been and are proposed to be taken under this Part of this Act with respect to the child and the reasons for taking them;

(b)give details to the appropriate service police officer of the place at which the child is being accommodated;

(c)inform the child (if he appears capable of understanding)—

(i)of the steps that have been taken with respect to him under this section and of the reasons for taking them; and

(ii)of the further steps that may be taken with respect to him under this Part of this Act;

(d)take such steps as are reasonably practicable to discover the wishes and feelings of the child;

(e)secure that the case is inquired into by the appropriate service police officer;

(f)secure that the child is moved to accommodation approved for the purpose by the appropriate service police officer (unless that officer approves the child's remaining where he is currently being accommodated);

(g)take such steps as are reasonably practicable to inform—

(i)the child's parents,

(ii)every person who is not a parent of the child but has parental responsibility for him, and

(iii)any other person with whom the child was residing immediately before being taken into service police protection,

of the steps that he has taken under this section with respect to the child, the reasons for taking them and the further steps that may be taken with respect to him under this Part of this Act.

(4)On completing any inquiry under subsection (3)(e) the officer conducting it shall release the child from service police protection unless he considers that there is still reasonable cause for believing that the child would be likely to suffer significant harm if released.

(5)No child may be kept in service police protection for more than 72 hours.

(6)While a child is being kept in service police protection—

(a)the appropriate service police officer shall do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child's welfare (having regard in particular to the length of the period during which the child will be kept in service police protection); but

(b)neither he nor the service policeman who took the child into service police protection has any parental responsibility for him.

(7)Where a child has been taken into service police protection, the appropriate service police officer shall allow—

(a)the child's parents,

(b)any person who is not a parent of the child but has parental responsibility for him,

(c)any person with whom the child was residing immediately before he was taken into service police protection,

(d)any person in whose favour a contact order is in force with respect to the child, and

(e)any person acting on behalf of any of those persons,

to have such contact (if any) with the child as, in the opinion of the appropriate service police officer, is both reasonable and in the child's best interests.

(8)In this section—

  • authorised”, in relation to a service policeman, means authorised, by an authorising service police officer and in accordance with regulations, to exercise the power under subsection (1) in the case in question;

  • “an authorising service police officer”, and “the appropriate service police officer” have the meanings given by regulations;

  • relevant child” means a child who falls within paragraph (a) or (b) of section 19(1) above;

  • service policeman” has the same meaning as in the Armed Forces Act 1996.

9(1)Section 23 of that Act (interpretation) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)in the definition of “accommodation”, for the words from “means” to “relates,” substitute “ , in relation to a child to whom a protection order relates, means any service hospital or other suitable place the occupier of which is willing temporarily to receive the child, ”;

(b)for the definition of “civilian in a corresponding position” substitute—

civilian subject to service discipline” has the same meaning as in the Armed Forces Act 2006;;

(c)after the definition of “contact order” insert—

exclusion requirement” has the meaning given by section 20A above;;

(d)after the definition of “extension order” insert—

harm” and “significant harm” have the same meanings as in the Children Act 1989;;

(e)for the definitions of “officer having jurisdiction” and “superior officer” substitute—

judge advocate” has the same meaning as in the Armed Forces Act 2006;;

(f)in the definition of “regulations”, after “ “regulations”” insert “ (except in section 20A(8)) ”;

(g)for the definition of “service law” substitute—

subject to service law” has the same meaning as in the Armed Forces Act 2006.

(3)After that subsection insert—

(1A)Section 164(2) and (3) of the Armed Forces Act 2006 apply in relation to section 18(8A) and 20(9A) of this Act.

(4)Omit subsection (2).

Prospective

Section 358

SCHEDULE 14E+W+S+N.I.Amendments relating to reserve forces

Reserve Forces Act 1980 (c. 9)E+W+S+N.I.

1In section 10 of the Reserve Forces Act 1980 (call out for national danger) omit subsection (5).E+W+S+N.I.

2In section 11(2)(a) of that Act (call out for warlike operations), for “regular air force” substitute “ Royal Air Force ”.E+W+S+N.I.

3In section 18(2) of that Act (permanent service call out of Army Reserve) omit paragraph (b).E+W+S+N.I.

4In section 19 of that Act (duration of Army Reserve permanent service)—E+W+S+N.I.

(a)omit subsection (4);

(b)in subsection (5) for “subsections (3) and (4) above” substitute “ subsection (3) ”.

5In section 19A of that Act (postponement of discharge of members of Army Reserve during call out), for subsection (7) substitute—E+W+S+N.I.

(7)In subsections (3) to (5)—

  • the competent military authority” means the Defence Council or any officer of a description prescribed by regulations of the Defence Council;

  • prescribed” means prescribed by regulations of the Defence Council.

6In section 21 of that Act (duration of Air Force Reserve permanent service)—E+W+S+N.I.

(a)omit subsection (4);

(b)in subsection (5) for “subsections (3) and (4) above” substitute “ subsection (3) ”.

7In section 21A of that Act (postponement of discharge of members of Royal Air Force Reserve during call out), for subsection (7) substitute—E+W+S+N.I.

(7)In subsections (3) to (5)—

  • the competent air force authority” means the Defence Council or any officer of a description prescribed by regulations of the Defence Council;

  • prescribed” means prescribed by regulations of the Defence Council.

8Omit section 24 of that Act (permanent service call out of Ulster Defence Regiment).E+W+S+N.I.

9Omit section 25 of that Act (emergency service call out of Ulster Defence Regiment).E+W+S+N.I.

10In section 26(2) of that Act (call out notices), omit paragraph (g).E+W+S+N.I.

11In section 30(2) of that Act (liability of naval and marine pensioners to recall), for “The enactments concerning” substitute “ Provision made under section 331 of the Armed Forces Act 2006 that applies in relation to ”.E+W+S+N.I.

12(1)Section 31 of that Act (liability of army and air force pensioners to recall) is amended as follows.E+W+S+N.I.

(2)In subsection (6)—

(a)in the definition of “service pension”—

(i)for “regular forces” substitute “ regular army ”;

(ii)for “regular air force” substitute “ Royal Air Force ”;

(b)for the words from “and other expressions” to the end substitute—

“soldier” and “airman” include a warrant officer and a non-commissioned officer.

(3)In subsection (7) for “those sections” substitute “ this section and section 32 ”.

13(1)Section 32 of that Act (occasion for and period of recall under section 31) is amended as follows.E+W+S+N.I.

(2)In subsection (3)—

(a)in paragraph (a) for “regular forces or the regular air force” substitute “ regular army or the Royal Air Force ”;

(b)in paragraph (b) for the words from “section 2 of the Army” to “require” substitute “ regulations under section 328 of the Armed Forces Act 2006 ”.

(3)In subsection (4)(a) for “as from which a person is recalled for” substitute “ the person is accepted (by virtue of section 36) into ”.

(4)For subsection (5) substitute—

(5)No regulation under section 329 of the Armed Forces Act 2006 as to the term for which a person may be enlisted affects the operation of subsections (3) and (4) of this section.

14In section 34(3) of that Act (liability of certain former soldiers to recall)—E+W+S+N.I.

(a)for “regular forces within the meaning of the Army Act 1955” substitute “ regular army ”;

(b)in paragraph (a) for “specified in the notice” substitute “ he is accepted into service ”.

15In section 39(1)(a) of that Act (application of section 38) for “regular air force” substitute “ Royal Air Force ”.E+W+S+N.I.

16Omit section 44 of that Act (requirement as to training of Ulster Defence Regiment).E+W+S+N.I.

17In section 48 of that Act (void enlistment in the regular forces)—E+W+S+N.I.

(a)in the sidenote, for “regular forces” substitute “ Royal Marines or regular army ”;

(b)for “Her Majesty's regular forces” substitute “ the Royal Marines or the regular army ”.

18Omit section 139 of that Act (enrolment etc of members of Ulster Defence Regiment).E+W+S+N.I.

19In section 140 of that Act (orders and regulations as to service in Ulster Defence Regiment)—E+W+S+N.I.

(a)in the sidenote, for “acceptance and service” substitute “ pensions and other grants ”;

(b)for subsections (1) and (2) substitute—

(1)The conditions as to pensions and other grants in respect of death or disablement arising out of service in the Ulster Defence Regiment shall be such as may be prescribed by orders or regulations.

(1A)The reference in subsection (1) to service in the Ulster Defence Regiment includes service in the regular army by a relevant person during the relevant period.

(1B)In subsection (1A)—

  • regular army” has the meaning given by section 374 of the Armed Forces Act 2006;

  • relevant person” means a person who, immediately before 1 July 1992, was a member of the Ulster Defence Regiment;

  • relevant period”, in relation to a relevant person, means the period beginning with 1 July 1992 and ending at the end of his term of service which was current on that date.;

(c)in subsection (3)—

(i)for “Part of this Act” substitute “ section ”;

(ii)in the words after paragraph (b) for “Part” substitute “ section ”.

20Omit sections 141 to 144 of that Act (provisions relating to Ulster Defence Regiment).E+W+S+N.I.

21In section 145 of that Act (reinstatement in civil employment) omit subsection (2).E+W+S+N.I.

22In section 146 of that Act (protection of other civil interests) omit subsection (2).E+W+S+N.I.

23(1)Section 156 (interpretation) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)in the definition of “prescribed” after “ “prescribed”” insert “ (except in subsections (3) to (5) and (7) of sections 19A and 21A and in section 140) ”;

(b)omit the definition of “regular air force”;

(c)for the definition of “regular army” substitute—

the regular army” has the meaning given by section 374 of the Armed Forces Act 2006.

(3)Omit subsection (2).

24(1)Schedule 8 to that Act (saving and transitional provisions) is amended as follows.E+W+S+N.I.

(2)Omit paragraph 5(3).

(3)Omit paragraph 10.

(4)In paragraph 16—

(a)omit sub-paragraph (2);

(b)omit sub-paragraph (5);

(c)in sub-paragraph (9) for “regular forces or for the regular air force” substitute “ regular army or for the Royal Air Force ”.

(5)Omit paragraph 19.

Reserve Forces Act 1996 (c. 14)E+W+S+N.I.

25In section 2(2)(a) of the Reserve Forces Act 1996 (membership of the reserve forces), for the words from “the Army Act 1955” to the end substitute “ regulations made under section 331 of the Armed Forces Act 2006; ”.E+W+S+N.I.

26In section 4(1)(b) of that Act (orders and regulations concerning reserve forces), after “force” insert “ (except pay, bounty and allowances) ”.E+W+S+N.I.

27Omit section 7 of that Act (provision with respect to pay, bounty and allowances).E+W+S+N.I.

28In section 13(7) of that Act (transfer of non-officers between reserve forces), for the words from “by or under” to the end substitute “ under the Armed Forces Act 2006. ”E+W+S+N.I.

29In section 15(1) of that Act (discharge by commanding officer) for the words “A commanding officer” to “his command,” substitute “ A man of a reserve force may be discharged by his commanding officer ”.E+W+S+N.I.

30In section 24(2) of that Act (commitment to a period of full-time service) omit paragraph (b).E+W+S+N.I.

31In section 25(2) of that Act (additional duties commitments)—E+W+S+N.I.

(a)omit paragraph (a);

(b)in paragraph (b), for “while subject to service law, shall” substitute “ shall, from any time specified in the commitment as the time at which he is to begin that period of duty until released from duty, ”.

32In section 27 of that Act (voluntary training and other duties) omit subsection (3).E+W+S+N.I.

33In each of sections 53, 55 and 57 of that Act (maximum duration of service on call-out), in subsection (8)—E+W+S+N.I.

(a)at the end of paragraph (a) insert “ or ”;

(b)omit paragraph (b).

34After section 53 of that Act insert—E+W+S+N.I.

53AAgreement to alter limits in section 53

(1)This section applies to a person if—

(a)he is not in service under a call-out order under section 52; and

(b)if accepted into service under such a call-out order, he would be immediately entitled to release under section 53(6) or (10).

(2)The person may agree in writing that, if he is accepted into service under a call-out order under section 52, in calculating when he is entitled to be released by virtue of section 53(6) or (10) any service of his under this Part or Part 4, 5 or 7 that occurred before he entered into the agreement is to be treated as not having occurred.

(3)An agreement under subsection (2) may also provide that, if the person is accepted into service under a call-out order under section 52, section 53 shall apply in his case as if for the period of 3 years specified in subsection (6) there were substituted a shorter period specified in the agreement.

(4)If an order under section 53(11) applies in relation to the person, subsection (3) above has effect as if the reference to the period of 3 years were to the period of 5 years.

35After section 55 of that Act insert—E+W+S+N.I.

55AAgreement to alter limits in section 55

(1)This section applies to a person if—

(a)he is not in service under a call-out order under section 54; and

(b)if accepted into service under such a call-out order, he would be immediately entitled to release under section 55(6) or (10).

(2)The person may agree in writing that, if he is accepted into service under a call-out order under section 54, in calculating when he is entitled to be released by virtue of section 55(6) or (10) any service of his under this Part or Part 4, 5 or 7 that occurred before he entered into the agreement is to be treated as not having occurred.

(3)An agreement under subsection (2) may also provide that, if the person is accepted into service under a call-out order under section 54, section 55 shall apply in his case as if for the period of 12 months specified in subsection (6) there were substituted a shorter period specified in the agreement.

(4)If an order under section 55(11) applies in relation to the person, subsection (3) above has effect as if the reference to the period of 12 months were to the period of 2 years.

36After section 57 of that Act insert—E+W+S+N.I.

57AAgreement to alter limits in section 57

(1)This section applies to a person if—

(a)he is not in service under a call-out order under section 56; and

(b)if accepted into service under such a call-out order, he would be immediately entitled to release under section 57(6) or (10).

(2)The person may agree in writing that, if he is accepted into service under a call-out order under section 56, in calculating when he is entitled to be released by virtue of section 57(6) or (10) any service of his under this Part or Part 4, 5 or 7 that occurred before he entered into the agreement is to be treated as not having occurred.

(3)An agreement under subsection (2) may also provide that, if the person is accepted into service under a call-out order under section 56, section 57 shall apply in his case as if for the period of 9 months specified in subsection (6) there were substituted a shorter period specified in the agreement.

37In section 66(2)(b) of that Act (persons who may be recalled) for “regular air force” substitute “ Royal Air Force ”.E+W+S+N.I.

38In section 72 of that Act (release and discharge from service under recall order) omit subsections (5) and (6).E+W+S+N.I.

39(1)Section 95 of that Act (offences against orders and regulations under section 4) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)omit paragraph (b);

(b)in the words after paragraph (e), omit “triable by court-martial or summarily by a civil court”.

(3)After that subsection insert—

(1A)A member of a reserve force (“A”) commits an offence if—

(a)a superior officer (“B”), in pursuance of orders or regulations under section 4, is acting in the execution of his office;

(b)A's behaviour towards B is threatening or disrespectful; and

(c)A knows or has reasonable cause to believe that B is a superior officer.

(1B)For the purposes of subsection (1A)—

(a)superior officer” has the same meaning as in the Armed Forces Act 2006;

(b)section 11(3) of that Act (meaning of “behaviour” and “threatening”) applies.

(1C)An offence under this section is triable summarily by a civil court (as well as being triable by the Court Martial).

(4)In subsection (2)—

(a)in paragraph (a) for the words from “court-martial” to the end substitute the Court Martial—

(i)in the case of an offence under subsection (1)(a) or (e) or (1A), to any punishment mentioned in rows 5 to 12 of the Table in section 164 of the Armed Forces Act 2006;

(ii)in the case of an offence under subsection (1)(c) or (d), to any punishment mentioned in that Table, but any sentence of imprisonment or service detention imposed in respect of the offence must not exceed 51 weeks;;

(b)in paragraph (b)(i)—

(i)omit “, (b),”;

(ii)after “(e)” insert “ or (1A) ”.

(5)For subsection (3) substitute—

(2A)For the purposes of determining the Court Martial's powers when sentencing an offender to whom Part 2 of Schedule 3 to the Armed Forces Act 2006 applies (ex-servicemen etc) for an offence under subsection (1)(a) or (e) or (1A), subsection (2)(a)(i) has effect as if the reference to rows 5 to 12 were to rows 5 to 10.

40(1)Section 96 of that Act (failure to attend for service on call out or recall) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for the words (after paragraph (c)) from “is guilty” to the end substitute “ is guilty of desertion (if section 8(2)(a) or (b) of the Armed Forces Act 2006 applies to him) or absence without leave (if neither of those provisions applies to him). ”

(3)In subsection (3) for the words from “by court-martial” to the end substitute “ summarily by a civil court (as well as being triable by the Court Martial). ”

41(1)Section 97 of that Act (failure to attend for duty or training) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for the words (after paragraph (b)) from “is guilty” to the end substitute “ is guilty of desertion (if section 8(2)(a) or (b) of the Armed Forces Act 2006 applies to him) or absence without leave (if neither of those provisions applies to him). ”

(3)In subsection (3) for the words from “by court-martial” to the end substitute “ summarily by a civil court (as well as being triable by the Court Martial). ”

42(1)Section 98 of that Act (trial and punishment of offences of desertion or absence without leave) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)for the words from “section 37” to “1957” substitute “ section 8 or 9 of the Armed Forces Act 2006 ”;

(b)for “as well as by court-martial” substitute “ (as well as being triable by the Court Martial) ”.

(3)In subsection (2)—

(a)for “court-martial” substitute “ the Court Martial ”;

(b)for the words from “service law” to the end substitute “ section 8 or 9 (as the case may be) of the Armed Forces Act 2006. ”

(4)In subsection (3)(b) for “service law of desertion or absence without leave” substitute “ section 8 or 9 of the Armed Forces Act 2006 ”.

(5)In subsection (4)(a)—

(a)for “court-martial” substitute “ the Court Martial ”;

(b)for “service law of absence without leave” substitute “ section 9 of the Armed Forces Act 2006 ”.

(6)Omit subsection (5).

(7)After subsection (6) insert—

(7)Orders or regulations under section 4 may include provision for enabling a determination to be made in prescribed circumstances that subsection (6) is to cease to have effect in relation to a period of time or a part of a period of time.

43Omit section 99 of that Act (false pretence of illegal absence).E+W+S+N.I.

44For section 100 of that Act (arrest of deserters etc) substitute—E+W+S+N.I.

100AArrest by civilian police of deserters and absentees without leave

(1)An officer of a UK police force may arrest without warrant a person who is reasonably suspected of being a member of a reserve force, or a person liable to recall, who has deserted or is absent without leave.

(2)If an authorised person is satisfied by evidence given under oath or affirmation that a relevant suspect is or is reasonably suspected of being within his jurisdiction, he may issue a warrant for the arrest of the relevant suspect.

(3)In subsection (2)—

  • authorised person” means a person who has authority in England and Wales, Scotland or Northern Ireland to issue a warrant for the arrest of a person suspected of an offence;

  • relevant suspect” means a person reasonably suspected of being a member of a reserve force, or a person liable to recall, who has deserted, is absent without leave or has committed an offence under section 95.

(4)In this section “UK police force” has the meaning given by section 375 of the Armed Forces Act 2006.

45Omit section 102 of that Act (record of illegal absence).E+W+S+N.I.

46In section 104 of that Act, omit subsection (3).E+W+S+N.I.

47(1)Section 105 of that Act (trial of offences by civil court) is amended as follows.E+W+S+N.I.

(2)In subsection (1) for “which is triable by court-martial is also” substitute “ is (as well as being triable by the Court Martial) ”.

(3)Omit subsection (2).

(4)In subsection (3) for “an offence under service law (other than an offence of desertion or absence without leave)” substitute “ any service offence (other than an offence under this Act or an offence mentioned in section 98(1)) ”.

48Omit section 106 of that Act.E+W+S+N.I.

49In section 107 of that Act (time for institution of proceedings)—E+W+S+N.I.

(a)in subsection (1)—

(i)omit the words from “either—” to the end of paragraph (a);

(ii)for “under service law” substitute “ a service offence ”;

(b)after subsection (2) add—

(3)Subsection (2) applies to proceedings for an offence under section 96(1) committed by a person liable to recall as it applies to proceedings mentioned in subsection (1) of this section.

50In section 108 of that Act (evidence) for subsections (1) and (2) substitute—E+W+S+N.I.

(1A)The Secretary of State may by regulations make provision with respect to evidence, including the admissibility of evidence, in proceedings before a civil court for an offence under this Act.

(1B)Regulations under subsection (1A) shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

51Omit section 124 of that Act (exemption from tolls etc).E+W+S+N.I.

52Omit section 126 of that Act (amendments relating to transfers to reserves etc).E+W+S+N.I.

53(1)Section 127 of that Act (interpretation) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)omit the definition of “regular air force”;

(b)for the definition of “regular army” substitute—

the regular army” has the meaning given by section 374 of the Armed Forces Act 2006;;

(c)in the definition of “regular services” for “regular air force” substitute “ Royal Air Force ”;

(d)for the definition of “service law” substitute—

service offence” has the meaning given by section 50 of the Armed Forces Act 2006;.

(3)After subsection (2) add—

(3)The officer who is the “commanding officer” of a person for the purposes of any provision of this Act shall be determined by or under regulations made by the Defence Council under this subsection.

(4)Section 164(2) and (3) of the Armed Forces Act 2006 apply in relation to section 95(2)(a) of, and paragraph 5(3) of Schedule 1 to, this Act.

54(1)Schedule 1 to that Act (enlistment) is amended as follows.E+W+S+N.I.

(2)For paragraph 2(1) substitute—

(1)An enlisting officer shall not enlist a person under the age of 18 unless consent to the enlistment has been given in writing by—

(a)an appropriate person; or

(b)if the person offering to enlist is living with more than one appropriate person, each of those appropriate persons.

(1A)In this paragraph “appropriate person” means, in relation to a person offering to enlist, a person with—

(a)parental responsibility (within the meaning of the Children Act 1989 or the Children (Northern Ireland) Order 1995) for him; or

(b)parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to him.

(3)In paragraph 2(2) for “appropriate minimum age” substitute “ age of 18 ”.

(4)In paragraph 4(4) for “appropriate minimum age” substitute “ age of 18 ”.

(5)In paragraph 5—

(a)in sub-paragraph (1) omit “or recklessly”;

(b)in sub-paragraph (2) for “subject to service law” substitute “ a member of the reserve forces ”;

(c)in sub-paragraph (3) for the words from “has since” to the end substitute “ becomes a member of the reserve forces is liable on conviction by the Court Martial to any punishment mentioned in rows 2 to 12 of the Table in section 164 of the Armed Forces Act 2006. ”;

(d)after that sub-paragraph add—

(4)For the purposes of determining the Court Martial's powers when sentencing an offender to whom Part 2 of Schedule 3 to the Armed Forces Act 2006 (ex-servicemen etc) applies for an offence under sub-paragraph (1), sub-paragraph (3) has effect as if the reference to rows 2 to 12 were to rows 2 to 10.

(5)Where an offence under sub-paragraph (1) is committed by a person within sub-paragraph (3), the time for which he is for the purposes of section 62 of the Armed Forces Act 2006 (time limits for charging) to be regarded as being a relevant reservist (within the meaning of that section) includes the period from (and including) the time he committed the offence to the time he became a member of the reserve forces.

(6)In paragraph 6(1) for “a court-martial” substitute “ the Court Martial ”.

(7)Omit paragraph 7 and the heading before it.

55Omit Schedule 2 to that Act (deserters and absentees without leave).E+W+S+N.I.

56Omit Schedule 3 to that Act (evidence).E+W+S+N.I.

57Omit Schedule 7 to that Act (postponement of transfer to the reserves or discharge from the reserves).E+W+S+N.I.

58In Part 2 of Schedule 9 to that Act (transitional provisions) omit paragraphs 22 and 23.E+W+S+N.I.

59In Schedule 10 to that Act (minor and consequential amendments) omit paragraphs 1 to 13 and 23.E+W+S+N.I.

Prospective

Section 370

SCHEDULE 15E+W+S+N.I.Civilians subject to service discipline

Part 1 E+W+S+N.I.Civilians subject to service discipline

Persons in one of Her Majesty's aircraft in flightE+W+S+N.I.

1(1)A person is within this paragraph if he is in one of Her Majesty's aircraft in flight.E+W+S+N.I.

(2)For the purposes of sub-paragraph (1) the period during which an aircraft is in flight includes—

(a)any period from the moment when power is applied for the purpose of the aircraft taking off on a flight until the moment when the landing run (if any) at the termination of that flight ends;

(b)any period when the aircraft is on the surface of the sea or navigable waters.

(3)In sub-paragraph (2)(a) a “flight” means a journey by air beginning when the aircraft takes off and ending when it next lands.

(4)In this paragraph “Her Majesty's aircraft” means all aircraft belonging to or used for the purposes of any of Her Majesty's forces.

Persons in one of Her Majesty's ships afloatE+W+S+N.I.

2(1)A person is within this paragraph if he is in one of Her Majesty's ships afloat.E+W+S+N.I.

(2)In this paragraph “Her Majesty's ships” means all ships belonging to or used for the purposes of any of Her Majesty's forces.

(3)For the purposes of this paragraph “afloat” means not on shore.

Persons in service custody etcE+W+S+N.I.

3(1)A person is within this paragraph if—E+W+S+N.I.

(a)he is in service custody; and

(b)his being in service custody is lawful by virtue of any provision of or made under this Act.

(2)A person is also within this paragraph if he is in the course of being arrested, or of having an attempted arrest made of him, by a person who has a duty under service law to apprehend him.

Crown servants in designated area working in support of Her Majesty's forcesE+W+S+N.I.

4(1)A person is within this paragraph (subject to paragraph 11) if—E+W+S+N.I.

(a)he is a Crown servant;

(b)his sole or main role is to work in support of any of Her Majesty's forces; and

(c)he is in a designated area.

(2)In this paragraph “Crown servant” means a person employed by or in the service of the Government of the United Kingdom.

Persons working for specified military organisationsE+W+S+N.I.

5(1)A person is within this paragraph (subject to paragraph 11) if—E+W+S+N.I.

(a)he is employed by or in the service of a specified naval, military or air-force organisation of which the United Kingdom is a member;

(b)he is so employed by reason of the United Kingdom's membership of that organisation; and

(c)he is outside the British Islands.

(2)In this paragraph “specified” means specified by order of the Secretary of State under this paragraph.

Persons in designated area who are members or employees of other specified organisationsE+W+S+N.I.

6(1)A person is within this paragraph (subject to paragraph 11) if—E+W+S+N.I.

(a)he belongs to or is employed by a specified organisation; and

(b)he is in a designated area.

(2)In this paragraph “specified organisation” means an organisation which—

(a)does not fall within paragraph 5; and

(b)is specified by order of the Secretary of State under this paragraph.

Persons designated by or on behalf of Defence CouncilE+W+S+N.I.

7(1)A person is within this paragraph (subject to paragraph 11) if—E+W+S+N.I.

(a)he is designated for the purposes of this paragraph by or on behalf of the Defence Council or by an officer authorised by the Defence Council; and

(b)he is outside the British Islands.

(2)A person may be designated for the purposes of this paragraph only if it appears to the Defence Council or the authorised officer that it is desirable to do so—

(a)in the interests of the person;

(b)for the protection of other persons (whether or not members of any of Her Majesty's forces); or

(c)for the purpose of maintaining good order and discipline.

(3)In deciding whether to designate a person for the purposes of this paragraph, the Defence Council or the authorised officer must have regard in particular to—

(a)the characteristics of the justice system (if any) in any country or territory where the person is or is likely to be;

(b)the terms of any treaty, agreement or arrangement relating to the legal status, or the treatment, of visiting forces to which the United Kingdom and any such country or territory are parties;

(c)the likelihood of the person's being subject to the law applicable to the armed forces of any country or territory outside the British Islands.

(4)A designation under this paragraph—

(a)may designate persons by name or by description;

(b)may provide, in relation to any person designated by it, that it applies to him only for a specified period or in specified circumstances;

(c)may be withdrawn by any person entitled to make designations under this paragraph.

(5)In sub-paragraph (4) “specified” means specified by the designation.

Persons residing or staying with person subject to service law in designated areaE+W+S+N.I.

8A person is within this paragraph (subject to paragraph 11) if—E+W+S+N.I.

(a)he resides or is staying with a person subject to service law in a designated area; and

(b)he is in that designated area.

Persons residing or staying with person falling within paragraph 4 or 6 in designated areaE+W+S+N.I.

9(1)A person is within this paragraph (subject to paragraph 11) if—E+W+S+N.I.

(a)he resides or is staying with a relevant person in a designated area; and

(b)he is in that designated area.

(2)In this paragraph a “relevant person” means a person who—

(a)falls within paragraph 4 or 6; or

(b)would fall within paragraph 4 or 6, but for paragraph 11 or his not being in a designated area.

Persons residing or staying with person falling within paragraph 5E+W+S+N.I.

10(1)A person is within this paragraph (subject to paragraph 11) if—E+W+S+N.I.

(a)he resides or is staying with a relevant person outside the British Islands; and

(b)he is outside the British Islands.

(2)In this paragraph a “relevant person” means a person who—

(a)falls within paragraph 5; or

(b)would fall within paragraph 5, but for paragraph 11 or his being in the British Islands.

Part 2 E+W+S+N.I.Exclusion and definitions

ExclusionE+W+S+N.I.

11(1)A person who is not a United Kingdom national is not within any of paragraphs 4 to 10 at any time when he is in a country—E+W+S+N.I.

(a)of which he is a national; or

(b)in which he is ordinarily resident.

(2)In this paragraph a “United Kingdom national” means an individual who is—

(a)a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;

(b)a person who under the British Nationality Act 1981 (c. 61) is a British subject; or

(c)a British protected person within the meaning of that Act.

(3)In determining for the purposes of this paragraph whether a person is ordinarily resident in a country, no account shall be taken of any period during which he has been or intends to be present there while falling (apart from this paragraph) within any of paragraphs 4 to 10.

DefinitionsE+W+S+N.I.

12(1)In this Schedule “designated area” means an area which—E+W+S+N.I.

(a)is outside the British Islands; and

(b)is designated for the purposes of this Schedule by an order made by the Secretary of State.

(2)An area designated for the purposes of this Schedule may consist of two or more areas (whether or not contiguous).

13In this Schedule references to a person residing or staying with another person include references to the person—E+W+S+N.I.

(a)being about to reside or stay with the other person; and

(b)departing after residing or staying with him.

Prospective

Section 378

SCHEDULE 16E+W+S+N.I.Minor and consequential amendments

Metropolitan Police Act 1860 (c. 135)E+W+S+N.I.

1In section 2 of the Metropolitan Police Act 1860 (swearing of constables to act on military land etc), for “subject to naval or marine or military or air force discipline” substitute “ who are subject to service law, or are civilians subject to service discipline, within the meaning of the Armed Forces Act 2006 ”.E+W+S+N.I.

Naval and Marine Pay and Pensions Act 1865 (c. 73)E+W+S+N.I.

2In section 3 of the Naval and Marine Pay and Pensions Act 1865 (payment of naval and marine pay and pensions according to Order in Council) for the words from “pay” to “thereof” substitute “ pensions and grants ”.E+W+S+N.I.

3In section 9 of that Act (Order in Council not to contain provision inconsistent with Naval Discipline Act), for the words from “pay” to the end substitute “ pensions contained in the Armed Forces Act 2006. ”E+W+S+N.I.

Naval Pensions Act 1884 (c. 44)E+W+S+N.I.

4In section 2 of the Naval Pensions Act 1884 (application of certain enactments to Greenwich Hospital pensions), for “or section 128G of the Naval Discipline Act 1957” substitute “ or section 356 of the Armed Forces Act 2006 ”.E+W+S+N.I.