Continuance of Services Acts

1 Continuance of Services Acts

(1) The 1955 Acts and the 1957 Act shall (instead of expiring on 31st August 1996) expire on 31st August 1997 unless continued in force in accordance with this section.

(2) Subject to subsection (3) below, Her Majesty may from time to time by Order in Council provide for the 1955 Acts and the 1957 Act to continue in force for a period not exceeding 12 months beyond the day on which they would otherwise expire.

(3) The 1955 Acts and the 1957 Act may not be continued under subsection (2) above beyond the end of the year 2001.

(4) No recommendation shall be made to Her Majesty in Council to make an Order under subsection (2) above unless a draft of the Order has been laid before and approved by a resolution of each House of Parliament.

Terms and conditions of service

2 Enlistment or entry for local service

(1) In section 2(1) of the [1966 c. 45.] Armed Forces Act 1966 (regulations as to engagement of persons in the regular services), after paragraph (i) there shall be inserted the following paragraphs—

“(j) enabling a person to restrict his service to service in a particular area;

(k) requiring a person who has restricted his service to service in a particular area to serve outside that area for a number of days in any year not exceeding the maximum number provided for by the regulations.”

(2) In section 2(1A) of that Act, after the words “Northern Ireland” there shall be inserted the words “by virtue of regulations made under subsection (1)(i) above”.

3 Discharge certificates

(1) In section 11(4) of the 1955 Acts and paragraph 5(7) of Schedule 7 to the [1955 c. 18.] Army Act 1955 (certificates of discharge), for the words from “such particulars” to the end there shall be substituted the words “the following particulars, namely—

(a) his name, rank and service number;

(b) his reserve liability (if applicable); and

(c) the reason for his discharge and the date of discharge,

together with any other particulars which are required to be included in the certificate by directions of the Defence Council or an officer authorised by them.”

(2) In section 6(3) of the Armed Forces Act 1966 (certificates of discharge) for the words from “such particulars” to the end there shall be substituted the words “the following particulars, namely—

(a) his name, rating and service number;

(b) his reserve liability (if applicable); and

(c) the reason for his discharge and the date of discharge,

together with any other particulars which are required to be included in the certificate by directions of the Defence Council or an officer authorised by them.”

4 Mode of making regulations relating to enlistment etc

(1) In section 22 of the 1955 Acts (regulations as to enlistment), the existing provision shall be numbered subsection (1) and after that subsection there shall be inserted the following subsection—

“(2) Any power conferred by this Part of this Act to make regulations (including the power under paragraph 5 of Schedule 1 to this Act) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

(2) In Part I of Schedule 7 to the Army Act 1955 (application of Part I to marines), after paragraph 10 there shall be inserted the following paragraph—

“10A Subsection (2) of section 22 applies to the powers to make regulations conferred by this Part of this Schedule as it applies to other powers under Part I of this Act.”

(3) In section 14 of the [1966 c. 45.] Armed Forces Act 1966 (interpretation of Part II), after subsection (2) there shall be added the following subsection—

“(3) Any power to make regulations conferred on the Defence Council by any provision of this Part of this Act shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

(4) This section does not affect the validity of any regulations made under the 1955 Acts or the Armed Forces Act 1966 which are in force immediately before the commencement of this section.

Trial and punishment of offences under Services Acts

5 Procedure for dealing with offences under Services Acts

Schedule 1 (amendment of provisions relating to the procedure for dealing with offences under the 1955 Acts and the 1957 Act) shall have effect.

6 Abrogation of common law corroboration rules

(1) For the avoidance of doubt section 32 of the [1994 c. 33.] Criminal Justice and Public Order Act 1994 (abolition of corroboration rules) and section 34(2) of the [1988 c. 33.] Criminal Justice Act 1988 (abrogation of requirements for corroboration warning) apply to any service disciplinary proceedings in which the rules abrogated by those sections would have been applied.

(2) Nothing in this section shall be taken as affecting the determination of any question as to the law applicable to service disciplinary proceedings before the commencement of this section.

(3) In this section “service disciplinary proceedings” means proceedings for any offence taking place under the 1955 Acts or the 1957 Act and proceedings on appeal to the Courts-Martial Appeal Court.

7 Evidence from children

In Schedule 13 to the Criminal Justice Act 1988 (application of provisions of that Act to courts-martial etc.), after paragraph 8 there shall be added the following paragraphs—

“Video recordings of evidence

Postponement of sentences of courts-martial

9 (1) The Secretary of State may by order direct that section 32A above shall have effect in relation—

(a) to proceedings before Service courts; or

(b) to proceedings, or proceedings of specified descriptions, before Service courts in specified places,

subject to such modifications as may be specified in the order.

(2) The power to make an order conferred by this paragraph shall be exercisable by statutory instrument and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Without prejudice to the generality of any enactment conferring power to make procedural instruments, procedural instruments may make such provision as appears to the authority making them to be necessary or expedient for the purposes of section 32A above in their application to proceedings such as are mentioned in sub-paragraph (1) above by virtue of an order under that sub-paragraph.

(4) In this paragraph “modifications” includes additions, omissions and amendments.

Cross-examination of children

Community supervision orders

10 (1) The Secretary of State may by order direct that section 34A above shall have effect in relation—

(a) to proceedings before Service courts; or

(b) to proceedings or proceedings of specified descriptions before Service courts in specified places,

subject to such modifications as may be specified in the order.

(2) The power to make an order conferred by this paragraph shall be exercisable by statutory instrument and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) In this paragraph “modifications” includes additions, omissions and amendments.”

8 Findings of unfitness to stand trial and insanity

Schedule 2 (amendments of the 1955 Acts, the 1957 Act and the [1968 c. 20.] Courts-Martial (Appeals) Act 1968 relating to findings of unfitness to stand trial and insanity) shall have effect.

9 Postponement of sentences of courts-martial

(1) After section 120 of the [1955 c. 18.] Army Act 1955 there shall be inserted the following section—

“120A Postponement of sentences

(1) On passing any sentence a court-martial may order that the sentence shall not have effect until the end of the period specified in the order.

(2) On reviewing a sentence under section 113 of this Act, the reviewing authority may—

(a) if the sentence has not had effect, order that the sentence shall not have effect until the end of the period specified in the order;

(b) if the sentence has had effect, order that the sentence shall cease to have effect on the making of the order until the end of the period specified in the order.

(3) On exercising any power under section 113AA of this Act to pass or substitute a sentence, the reviewing authority may order that the sentence shall not have effect until the end of the period specified in the order.

(4) The Defence Council or any officer authorised by them may terminate the period specified in an order under this section or extend such a period for a further period specified by them.

(5) On the termination of such a period the sentence in respect of which the order in question was made shall have effect or (in the case of an order under subsection (2)(b) above) resume effect.

(6) Nothing in this section shall be taken to prevent section 118(1) of this Act from applying in relation to a military sentence of imprisonment or detention.”

(2) After section 120 of the [1955 c. 19.] Air Force Act 1955 there shall be inserted the following section—

“120A Postponement of sentences

(1) On passing any sentence a court-martial may order that the sentence shall not have effect until the end of the period specified in the order.

(2) On reviewing a sentence under section 113 of this Act, the reviewing authority may—

(a) if the sentence has not had effect, order that the sentence shall not have effect until the end of the period specified in the order;

(b) if the sentence has had effect, order that the sentence shall cease to have effect on the making of the order until the end of the period specified in the order.

(3) On exercising any power under section 113AA of this Act to pass or substitute a sentence, the reviewing authority may order that the sentence shall not have effect until the end of the period specified in the order.

(4) The Defence Council or any officer authorised by them may terminate the period specified in an order under this section or extend such a period for a further period specified by them.

(5) On the termination of such a period the sentence in respect of which the order in question was made shall have effect or (in the case of an order under subsection (2)(b) above) resume effect.

(6) Nothing in this section shall be taken to prevent section 118(1) of this Act from applying in relation to an air-force sentence of imprisonment or detention.”

(3) After section 89 of the 1957 Act there shall be inserted the following section—

“Postponement of sentences

89A Postponement of sentences

(1) On passing any sentence a court-martial may order that the sentence shall not have effect until the end of the period specified in the order.

(2) On reviewing a sentence under section 70 of this Act, the reviewing authority may—

(a) if the sentence has not had effect, order that the sentence shall not have effect until the end of the period specified in the order;

(b) if the sentence has had effect, order that the sentence shall cease to have effect on the making of the order until the end of the period specified in the order.

(3) On exercising any power under section 71 of this Act to pass or substitute a sentence, the reviewing authority may order that the sentence shall not have effect until the end of the period specified in the order.

(4) The Defence Council or any officer authorised by them may terminate the period specified in an order under this section or extend such a period for a further period specified by them.

(5) On the termination of such a period the sentence in respect of which the order in question was made shall have effect or (in the case of an order under subsection (2)(b) above) resume effect.

(6) Nothing in this section shall be taken to prevent section 85(1) of this Act from applying in relation to a sentence of imprisonment or detention awarded under this Act.”.

10 Community supervision orders

Schedule 3 (amendment of provisions of the 1955 Acts and the 1957 Act relating to community supervision orders) shall have effect.

Fingerprints and samples

11 Fingerprinting of certain offenders

(1) A service policeman may take the fingerprints of a person for the record without his consent if that person has been convicted of an offence in service disciplinary proceedings.

(2) The power under subsection (1) above may not be exercised in relation to a person convicted of an offence—

(a) where the person concerned has had his fingerprints taken by a service policeman in the course of the investigation of the offence or since his conviction; or

(b) after the end of the period of three months beginning with the date of the conviction.

(3) A service policeman may use reasonable force, if necessary, in exercising the power under subsection (1) above.

(4) In this section—

• “fingerprints” includes palm prints;

• “service disciplinary proceedings” means—

  (a)

  any proceedings before a court-martial or a standing civilian court under the 1955 Acts or the 1957 Act;

  (b)

  any proceedings before a disciplinary court constituted under section 52G of the 1957 Act; and

  (c)

  any proceedings by way of summary trial under section 52D of that Act; and

• “service policeman” means a member of the Royal Navy Regulating Branch, the Royal Marines Police, the Royal Military Police, the Royal Air Force Police or the staff of the Royal Air Force Provost Marshal.

(5) This section is without prejudice to any power to take fingerprints under any other enactment or under any rule of law.

12 Taking of samples from certain offenders

(1) A service policeman may, for the purpose of recording information, take a sample to which this section applies from a person without his consent if that person has been convicted of an offence in service disciplinary proceedings.

(2) This section applies to a sample of hair (other than pubic hair) or to a swab taken from a person’s mouth.

(3) The power under subsection (1) above may be exercised in relation to a person convicted of an offence only if—

(a) he has not had a sample to which this section applies taken from him since his conviction; or

(b) where he has had such a sample taken from him, the sample has proved insufficient.

(4) The power under subsection (1) above may not be exercised after the end of the period of three months beginning—

(a) in a case falling within subsection (3)(a) above, with the date of the conviction;

(b) in a case falling within subsection (3)(b) above, with the date on which a service policeman is informed of the fact that the sample has proved insufficient.

(5) A service policeman may use reasonable force, if necessary, in exercising the power under subsection (1) above.

(6) A sample of hair may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than are reasonably considered to be necessary for a sufficient sample.

(7) In this section—

• “service disciplinary proceedings” and “service policeman” have the same meanings as in section 11 above; and

• “sufficient” and “insufficient”, in relation to a sample, means sufficient or insufficient (in point of quantity or quality) for the purpose of enabling information to be produced by the means of analysis used or to be used in relation to the sample.

(8) This section is without prejudice to any power to take samples under any other enactment or under any rule of law.

Rehabilitation of service offenders

13 Application of Rehabilitation of Offenders Act 1974

(1) The [1974 c. 53.] Rehabilitation of Offenders Act 1974 shall be amended as follows.

(2) In section 2 (rehabilitation of persons dealt with in service disciplinary proceedings), subsections (2) to (4) shall cease to have effect.

(3) In section 6 (the rehabilitation period)—

(a) in subsection (6) the words “Subject to subsection (7) below” shall cease to have effect; and

(b) after subsection (6)(b) there shall be inserted the following paragraph—

“(bb) any conviction in service disciplinary proceedings for an offence listed in the Schedule to this Act;”; and

(c) in subsection (7) for the words “Notwithstanding subsection (6) above” there shall be substituted the words “Except as provided by subsection (6)(bb) above”.

(4) The provisions set out in Schedule 4 to this Act shall be inserted as the Schedule to the [1974 c. 53.] Rehabilitation of Offenders Act 1974.

(5) The Rehabilitation of Offenders Act 1974 shall apply to convictions before the commencement date as if the amendments made by this section had always had effect; but this subsection does not apply to convictions to which section 2(1) of that Act applied before that date.

(6) Where by virtue of subsection (5) above a rehabilitation period applicable to a conviction would have ended before the commencement date, the individual concerned shall (subject to section 1(2) of the Rehabilitation of Offenders Act 1974) be treated as a rehabilitated person in respect of the conviction, and the conviction shall be regarded as spent, on and after that date.

(7) In this section “the commencement date” means the date on which this section comes into force.

14 Application of Rehabilitation of Offenders (Northern Ireland) Order 1978

(1) The [S.I. 1978/1908 (N.I.27).] Rehabilitation of Offenders (Northern Ireland) Order 1978 shall be amended as follows.

(2) In Article 4 (rehabilitation of persons dealt with in service disciplinary proceedings), paragraphs (2) to (4) shall cease to have effect.

(3) In Article 7 (the rehabilitation period)—

(a) in paragraph (6) the words “Subject to paragraph (7)” shall cease to have effect; and

(b) after paragraph (6)(b) there shall be inserted the following sub-paragraph—

“(bb) any conviction in service disciplinary proceedings for an offence listed in the Schedule;”; and

(c) in paragraph (7) for the words “Notwithstanding paragraph (6)” there shall be substituted the words “Except as provided by paragraph (6)(bb)”.

(4) A Schedule corresponding to the Schedule to be inserted into the Rehabilitation of Offenders Act 1974 by section 13(4) above shall be inserted as the Schedule to the Rehabilitation of Offenders (Northern Ireland) Order 1978, with the substitution—

(a) in the Schedule heading, for the words “Section 6(4)” of the words “Article 7”; and

(b) in paragraph 1, for the words “section 6(6)(bb) of this Act” of the words “Article 7(6)(bb)”.

(5) The [S.I. 1978/1908 (N.I. 27).] Rehabilitation of Offenders (Northern Ireland) Order 1978 shall apply to convictions before the commencement date as if the amendments made by this section had always had effect; but this subsection does not apply to convictions to which Article 4(1) of that Order applied before that date.

(6) Where by virtue of subsection (5) above a rehabilitation period applicable to a conviction would have ended before the commencement date, the individual concerned shall (subject to Article 3(2) of the Rehabilitation of Offenders (Northern Ireland) Order 1978) be treated as a rehabilitated person in respect of the conviction, and the conviction shall be regarded as spent, on and after that date.

(7) In this section “the commencement date” means the date on which this section comes into force.

Review and appeal

15 Abolition of confirmation

The provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer shall cease to have effect.