Section 10.
1 (1) Paragraph 4 of Schedule 5A to each of the 1955 Acts (power of court to impose community supervision order on trial of civilian) shall be amended as follows.
(2) In sub-paragraph (1), for the words “12 months” there shall be substituted the words “three years”.
(3) After sub-paragraph (7) there shall be inserted the following sub-paragraphs—
“(7A) Without prejudice to any other power of arrest, a person found committing an offence under sub-paragraph (6) above or alleged to have committed or reasonably suspected of having committed any such offence, may be arrested by a provost officer, by a warrant officer or non-commissioned officer legally exercising authority under a provost officer or on his behalf, or by order of any officer of the regular forces.
(7B) The power of arrest given to any person by sub-paragraph (7A) above may be exercised either personally or by ordering into arrest the person to be arrested or by giving orders for that person’s arrest.
(7C) A person shall not be arrested by virtue of sub-paragraph (7A) above after the end of a period of 6 months beginning with the end of the supervision period.
(7D) No proceedings shall be taken against a person for an offence under sub-paragraph (6) above unless the trial is begun within 6 months after the end of the supervision period.”
(4) In sub-paragraph (10), for “£50” there shall be substituted “£1,000”.
2 In section 209 of each of the 1955 Acts (application to civilians), after subsection (3B) there shall be inserted the following subsection—
“(3C) In its application to a person subject to a community supervision order under paragraph 4 of Schedule 5A to this Act, section 132 of this Act shall have effect as if subsections (3) and (3A) were omitted.”
3 (1) Paragraph 4 of Schedule 4A to the 1957 Act (power of court to impose community supervision order on trial of civilian) shall be amended as follows.
(2) In sub-paragraph (1), for the words “12 months” there shall be substituted the words “three years”.
(3) After sub-paragraph (7) there shall be inserted the following sub-paragraphs—
“(7A) Without prejudice to any other power of arrest, a person found committing an offence under sub-paragraph (6) above or alleged to have committed or reasonably suspected of having committed any such offence, may be arrested by a provost officer, by any officer or person legally exercising authority under a provost officer or on his behalf, or by or on the orders of any officer subject to this Act.
(7B) The power of arrest given to any person by sub-paragraph (7A) above may be exercised either personally or by ordering into arrest the person to be arrested or by giving orders for that person’s arrest.
(7C) A person shall not be arrested by virtue of sub-paragraph (7A) above after the end of a period of 6 months beginning with the end of the supervision period.
(7D) No proceedings shall be taken against a person for an offence under sub-paragraph (6) above unless the trial is begun within 6 months after the end of the supervision period.”
(4) In sub-paragraph (10), for “£50” there shall be substituted “£1,000”.
4 In the Fourth Schedule to the 1957 Act (application to civilians), after paragraph 4A there shall be inserted the following paragraph—
“4B In its application to a person subject to a community supervision order under paragraph 4 of Schedule 4A to this Act, section 52 of this Act shall have effect as if subsection (2) was omitted.”
Section 13.
1 Any conviction for an offence mentioned in this Schedule is a conviction referred to in section 6(6)(bb) of this Act (convictions to be disregarded for the purposes of extending a period of rehabilitation following subsequent conviction).
2 Any offence under any of the provisions of the [1955 c. 18.] Army Act 1955 or the [1955 c. 19.] Air Force Act 1955 listed in the first column of the following table:—
| Provision | Subject-matter |
|---|---|
| Section 29 | Offences by or in relation to sentries, persons on watch etc. |
| Section 29A | Failure to attend for duty, neglect of duty etc. |
| Section 33 | Insubordinate behaviour. |
| Section 34 | Disobedience to lawful commands. |
| Section 34A | Failure to provide a sample for drug testing. |
| Section 35 | Obstruction of provost officers. |
| Section 36 | Disobedience to standing orders. |
| Section 38 | Absence without leave. |
| Section 39 | Failure to report or apprehend deserters or absentees. |
| Section 42 | Malingering. |
| Section 43 | Drunkenness. |
| Section 43A | Fighting, threatening words etc. |
| Section 44 | Damage to, and loss of, public or service property etc. |
| Section 44A | Damage to, and loss of, Her Majesty’s aircraft or aircraft material. |
| Section 44B | Interference etc. with equipment, messages or signals. |
| Section 45 | Misapplication and waste of public or service property. |
| Section 46 | Offences relating to issues and decorations. |
| Section 47 | Billeting offences. |
| Section 48 | Offences in relation to requisitioning of vehicles. |
| Section 50 | Inaccurate certification. |
| Section 51 | Low flying. |
| Section 52 | Annoyance by flying. |
| Section 54 | Permitting escape, and unlawful release of prisoners. |
| Section 55 | Resistance to arrest. |
| Section 56 | Escape from confinement. |
| Section 57 | Offences in relation to courts-martial. |
| Section 61 | Making of false statements on enlistment. |
| Section 62 | Making of false documents. |
| Section 63 | Offences against civilian population. |
| Section 69 | Conduct to prejudice of military discipline or air-force discipline. |
3 Any offence under section 68 (attempt to commit military offence) or 68A (aiding and abetting etc., and inciting, military offence) of the [1955 c. 18.] Army Act 1955 in relation to an offence under any of the provisions of that Act listed in paragraph 2.
4 Any offence under section 68 (attempt to commit air-force offence) or 68A (aiding and abetting etc., and inciting, air-force offence) of the [1955 c. 19.] Air Force Act 1955 in relation to an offence under any of the provisions of that Act listed in paragraph 2.
5 Any offence under any of the provisions of the [1957 c. 53.] Naval Discipline Act 1957 listed in the first column of the following table:—
| Provision | Subject-matter |
|---|---|
| Section 6 | Offences by or in relation to sentries, persons on watch etc. |
| Section 7 | Failure to attend for duty, neglect of duty etc. |
| Section 11 | Insubordinate behaviour. |
| Section 12 | Disobedience to lawful commands. |
| Section 12A | Failure to provide a sample for drug testing. |
| Section 13 | Fighting, threatening words etc. |
| Section 14 | Obstruction of provost officers. |
| Section 14A | Disobedience to standing orders. |
| Section 17 | Absence without leave etc. |
| Section 18 | Failure to report deserters and absentees. |
| Section 21 | Low flying. |
| Section 22 | Annoyance by flying. |
| Section 25 | Inaccurate certification. |
| Section 27 | Malingering. |
| Section 28 | Drunkenness. |
| Section 29 | Damage to, and loss of, public or service property etc. |
| Section 29A | Damage to, and loss of, Her Majesty’s aircraft or aircraft material. |
| Section 29B | Interference etc. with equipment, messages or signals. |
| Section 30 | Misapplication and waste of public or service property. |
| Section 31 | Offences relating to issues and decorations. |
| Section 32 | Billeting offences. |
| Section 33 | Offences in relation to the requisitioning of vehicles etc. |
| Section 33A | Permitting escape, and unlawful release of prisoners. |
| Section 33B | Resistance to arrest. |
| Section 33C | Escape from confinement. |
| Section 34A | False statements on entry. |
| Section 35 | Falsification of documents. |
| Section 35A | Offences against civilian population. |
| Section 38 | Offences in relation to courts-martial. |
| Section 39 | Conduct to the prejudice of naval discipline. |
6 Any offence under section 40 (attempt to commit naval offence) or 41 (aiding and abetting etc., and inciting, naval offence) of the [1957 c. 53.] Naval Discipline Act 1957 in relation to an offence under any of the provisions of that Act listed in paragraph 5.
Section 16.
1 The 1955 Acts shall be amended as follows.
2 Section 108 (power of accused to present petition against finding or sentence at any time after finding or sentence) shall cease to have effect.
3 For section 112 (approval required for death sentences) there shall be substituted the following section—
(1) A sentence of death passed by a court-martial shall not be carried out until it has been reviewed under section 113 of this Act and has not been quashed or replaced by another sentence on the review.
(2) A sentence of death passed by a court-martial shall not be carried out in a colony unless it is also approved by the Governor of the colony.”
4 For section 113 (review of findings and sentences of courts-martial) there shall be substituted the following sections—
(1) Where a court-martial has found the accused guilty of any offence, the accused may, before the end of the prescribed period after sentence is passed, present a petition to the Defence Council against finding or sentence or both.
(2) The reviewing authority shall, in accordance with subsections (3) and (4) below, review any finding of guilt made, and sentence passed, by a court-martial.
(3) The review under this section shall (if it does not begin sooner) begin as soon as is practicable after—
(a) in a case where a petition has been presented under this section, the presentation of the petition;
(b) in any other case, the end of the period within which a petition under this section may be presented.
(4) Where an application for leave to appeal to the Courts-Martial Appeal Court against a finding or sentence has been made before the review under this section of the finding or sentence has been completed—
(a) the reviewing authority shall complete the review as soon as is practicable; but
(b) if leave to appeal is granted before the review has been completed, the authority shall cease considering the review.
(5) For the purposes of this Act the reviewing authority is—
(a) the Defence Council; or
(b) any officer to whom all or any of the powers of the Defence Council as reviewing authority may be delegated by the Defence Council.
(6) A sentence of death and the finding of guilty in consequence of which it was passed may not be reviewed by an officer to whom powers are delegated under subsection (5)(b) above.
(1) On a review under section 113 of this Act of a finding or sentence of a court-martial the reviewing authority has the following powers.
(2) In so far as the review is of a finding of guilt, the authority may—
(a) quash that finding and, if the sentence relates only to that finding, quash the sentence passed in consequence of that finding;
(b) substitute a finding mentioned in subsection (3) below if that finding could have been validly made by the court-martial and the authority is of the opinion that the court-martial must have been satisfied of facts which would justify the making of that finding;
and, where another finding is so substituted, the authority may pass any such sentence (not being, in the opinion of the authority, more severe than the sentence originally passed) open to a court-martial on making such a finding as appears proper.
(3) The findings referred to in subsection (2) above are—
(a) any finding of guilt which could have been validly made by the court-martial on the charge before it;
(b) if the court-martial recorded no finding on a charge alternative to a charge on which the court made the finding being reviewed, a finding of guilt on that alternative charge.
(4) In so far as the review is of a sentence, the authority may quash the sentence or substitute a sentence (not being, in the opinion of the authority, more severe than the sentence originally passed) which was open to the court-martial.
(5) In reviewing a sentence, the authority may—
(a) revoke an order made by the court under section 120A(1) of this Act;
(b) remit in whole or part any punishment awarded by the court;
(c) commute any such punishment for one or more punishments provided by this Act, being less than the punishment commuted.
(6) Where it appears to the reviewing authority that the court-martial, in sentencing the accused, exceeded or erroneously exercised its powers to take other offences into consideration, the authority shall (whether or not substituting a different sentence or remitting or commuting punishment) annul the taking into consideration of the other offence or offences in question and any orders dependent thereon; and where the authority does so the offence or offences shall be treated for all purposes as not having been taken into consideration.
(7) Any substituted finding or sentence, or sentence having effect after the remission or commutation of punishment—
(a) shall be treated for all purposes as having been made or passed by the court;
(b) shall be promulgated and shall have effect as from the date of promulgation.”
5 In section 113A (power of reviewing authority to authorise retrial)—
(a) in subsection (1), for the words “Her Majesty or the Defence Council” there shall be substituted the words “the reviewing authority”; and
(b) in subsection (2), for the words “Defence Council” there shall be substituted the words “reviewing authority”.
6 For section 115 of the [1955 c. 18.] Army Act 1955 (review of summary findings and awards) there shall be substituted the following section—
(1) This section applies where a charge has been dealt with summarily and a finding has been recorded that the charge has been proved.
(2) The accused may at any time request a review of the finding or any punishment awarded (or both); and where he does so, the finding or punishment (or both) shall be reviewed.
(3) The finding or any punishment awarded (or both) may be reviewed at any other time.
(4) A review under this section shall be carried out in accordance with the provisions of Queen’s Regulations.
(5) A review under this section may be carried out by—
(a) the Defence Council;
(b) any military, naval or air-force officer superior in command to the officer who dealt summarily with the charge;
(c) a general officer or brigadier appointed by the Defence Council to carry out the review or any class of review which includes the review.
(6) Section 113AA of this Act shall apply to a review under this section by an authority mentioned in subsection (5) above as it applies to a review under section 113 of this Act by the reviewing authority.
(7) In the application of section 113AA to reviews under this section, that section shall have effect as if—
(a) references to the court-martial were references to the officer who dealt summarily with the charge;
(b) references to a finding of guilt were references to a finding that the charge has been proved;
(c) references to a sentence passed were references to a punishment awarded; and
(d) subsections (5)(a) and (6) were omitted.”
7 For section 115 of the [1955 c. 19.] Air Force Act 1955 (review of summary findings and awards) there shall be substituted the following section—
(1) This section applies where a charge has been dealt with summarily and a finding has been recorded that the charge has been proved.
(2) The accused may at any time request a review of the finding or any punishment awarded (or both); and where he does so, the finding or punishment (or both) shall be reviewed.
(3) The finding or any punishment awarded (or both) may be reviewed at any other time.
(4) A review under this section shall be carried out in accordance with the provisions of Queen’s Regulations.
(5) A review under this section may be carried out by—
(a) the Defence Council;
(b) any air-force, naval or military officer superior in command to the officer who dealt summarily with the charge;
(c) an air officer appointed by the Defence Council to carry out the review or any class of review which includes the review.
(6) Section 113AA of this Act shall apply to a review under this section by an authority mentioned in subsection (5) above as it applies to a review under section 113 of this Act by the reviewing authority.
(7) In the application of section 113AA to reviews under this section, that section shall have effect as if—
(a) references to the court-martial were references to the officer who dealt summarily with the charge;
(b) references to a finding of guilt were references to a finding that the charge has been proved;
(c) references to a sentence passed were references to a punishment awarded; and
(d) subsections (5)(a) and (6) were omitted.”
8 The 1957 Act shall be amended as follows.
9 For section 70 (review of findings and sentences) there shall be substituted the following section—
(1) Where a court-martial has found the accused guilty of any offence, the accused may, before the end of the prescribed period after sentence is passed, present a petition to the Defence Council against finding or sentence or both.
(2) The reviewing authority shall, in accordance with subsections (3) and (4) below, review any finding of guilt made, and sentence passed, by a court-martial.
(3) The review shall (if it does not begin sooner) begin as soon as is practicable after—
(a) in a case where a petition has been presented under this section, the presentation of the petition;
(b) in any other case, the end of the period within which a petition under this section may be presented.
(4) Where an application for leave to appeal to the Courts-Martial Appeal Court against a finding or sentence has been made before the review of the finding or sentence has been completed—
(a) the reviewing authority shall complete the review as soon as is practicable; but
(b) if leave to appeal is granted before the review has been completed, the authority shall cease considering the review.
(5) For the purposes of this Act the reviewing authority is—
(a) the Defence Council; or
(b) any officer to whom all or any of the powers of the Defence Council as reviewing authority may be delegated by the Defence Council.
(6) A sentence of death and the finding of guilty in consequence of which it was passed may not be reviewed by an officer to whom powers are delegated under subsection (5)(b) above.
(7) This section and section 71 of this Act apply to disciplinary courts as they apply to courts-martial.
(8) In this section “prescribed” means prescribed by rules under section 58 of this Act.”
10 For section 71 (power to quash or alter findings) there shall be substituted the following section—
(1) On a review under section 70 of this Act the reviewing authority has the following powers.
(2) In so far as the review is of a finding of guilt, the authority may—
(a) quash that finding and, if the sentence relates only to that finding, quash the sentence passed in consequence of that finding;
(b) substitute a finding mentioned in subsection (3) below if that finding could have been validly made by the court-martial and the authority is of the opinion that the court-martial must have been satisfied of facts which would justify the making of that finding;
and, where another finding is so substituted, the authority may pass any such sentence (not being, in the opinion of the authority, more severe than the sentence originally passed) open to the court-martial on making such a finding as appears proper.
(3) The findings referred to in subsection (2) above are—
(a) any finding of guilt which could have been validly made by the court-martial on the charge before it;
(b) if the court-martial recorded no finding on a charge alternative to a charge on which the court made the finding being reviewed, a finding of guilt on that alternative charge.
(4) In so far as the review is of a sentence, the authority may quash the sentence or substitute a sentence (not being, in the opinion of the authority, more severe than the sentence originally passed) which was open to the court-martial.
(5) In reviewing a sentence, the authority may—
(a) revoke an order made by the court under section 89A(1) of this Act;
(b) remit in whole or part any punishment awarded by the court;
(c) commute any such punishment for one or more punishments provided by this Act, being less than the punishment commuted.
(6) Where it appears to the reviewing authority that the court-martial, in sentencing the accused, exceeded or erroneously exercised its powers to take other offences into consideration, the authority shall (whether or not substituting a different sentence or remitting or commuting punishment) annul the taking into consideration of the other offence or offences in question and any orders dependent thereon; and where the authority does so the offence or offences shall be treated for all purposes as not having been taken into consideration.
(7) Any substituted finding or sentence, or sentence having effect after the remission or commutation of punishment—
(a) shall be treated for all purposes as having been made or passed by the court;
(b) shall be promulgated and shall have effect as from the date of promulgation.”.
11 In section 71A (power to authorise retrial), for the words “Defence Council” in both places where they appear there shall be substituted the words “reviewing authority”.
12 After section 71A there shall be inserted the following section—
(1) This section applies where on a summary trial the accused has been found guilty of any offence.
(2) The accused may at any time request a review of the finding or any sentence awarded (or both); and where he does so, the finding or sentence (or both) shall be reviewed.
(3) The finding or any sentence awarded (or both) may be reviewed at any other time.
(4) A review under this section shall be carried out in accordance with the provisions of Queen’s Regulations.
(5) A review under this section may be carried out by—
(a) the Defence Council;
(b) any naval officer superior in command to the officer who tried the charge summarily;
(c) a flag officer appointed by the Defence Council to carry out the review or any class of review which includes the review.
(6) Section 71 of this Act shall apply to a review under this section by an authority mentioned in subsection (5) above as it applies to a review under section 70 of this Act by the reviewing authority.
(7) In the application of section 71 to reviews under this section, that section shall have effect as if—
(a) references to the court-martial were references to the officer before whom the summary trial took place; and
(b) subsections (5)(a) and (6) were omitted.”.
13 Section 72 (power to remit or alter sentences) shall cease to have effect.