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Amendments to the Armed Forces Discipline Bill [H.L.]

Armed Forces Discipline Bill [H.L.] -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Armed Forces Discipline Bill [H.L.] to be moved in Committee in the House of Lords.

  
Before Clause 1
 
  
BY THE LORD BURNHAM
THE LORD CAMPBELL OF ALLOWAY
 
     Insert the following new Clause-- 
 ("Active service exclusion 
     Engagement under active service conditions on the part of a person to whom the provisions of this Act would otherwise apply shall constitute for the purposes of Article 15 of the European Convention on Human Rights 1951 and the Human Rights Act 1998 a state of public emergency in relation to that person.")Persons engaged under active service conditions.
  
Clause 1
 
  
BY THE LORD BURNHAM
 
     Page 1, line 11, after ("except") insert--
    ("(a)  under active service conditions; or
    (b)  ")
 
     Page 2, line 38, at end insert ("; or
    (c)  that active service conditions preclude for the time being the conduct of the investigation")
 
     Page 2, line 42, leave out from beginning to end of line 9 on page 3 and insert--
    ("(a)  if given under paragraph (a) or (b) of that subsection shall expire 48 hours after it is given;
    (b)  if given under paragraph (c) of that subsection shall expire 48 hours after active service conditions cease to apply")
 
     Page 3, line 9, at end insert--
 
    ("(8)  In this Act "under active service conditions" means when the unit in which a person arrested under section 74 of this Act is serving is engaged in active operational duties.")
 
     Page 6, line 15, after ("except") insert--
    ("(a)  under active service conditions; or
    (b)    ")
 
     Page 7, line 19, at end insert ("; or
    (c) that active service conditions preclude for the time being the conduct of the investigation")
 
     Page 7, leave out lines 23 to 37 and insert--
    ("(a)  if given under paragraph (a) or (b) of that subsection shall expire 48 hours after it is given;
    (b)  if given under paragraph (c) of that subsection shall expire 48 hours after active service conditions cease to apply")
 
     Page 7, line 37, at end insert--
 
    ("(8)  In this Act "under active service conditions" means when the unit in which a person arrested under section 74 of this Act is serving is engaged in active operational duties.")
 
     Page 10, line 44, after ("except") insert--
    ("(a)  under active service conditions; or
    (b)  ")
 
     Page 11, line 47, at end insert ("; or
    (c) that active service conditions preclude for the time being the conduct of the investigation")
 
     Page 12, leave out lines 2 to 16 and insert--
    ("(a)  if given under paragraph (a) or (b) of that subsection shall expire 48 hours after it is given;
    (b)  if given under paragraph (c) of that subsection shall expire 48 hours after active service conditions cease to apply")
 
     Page 12, line 16, at end insert--
 
    ("(8)  In this Act "under active service conditions" means when the unit in which a person arrested under section 45 of this Act is serving is engaged in active operational duties.")
 
  
Clause 7
 
  
BY THE LORD BURNHAM
 
     Page 29, line 36, leave out ("Judge Advocate General") and insert ("Lord Chancellor") 
     Page 30, line 3, leave out ("Chief Naval Judge Advocate") and insert ("Lord Chancellor") 
  
Clause 9
 
  
BY THE LORD BURNHAM
 
     Page 31, line 30, after ("time") insert ("and on such terms") 
     Page 31, line 31, leave out ("arranging for him to be") and insert ("ensuring that he is") 
     Page 31, line 37, after ("time") insert ("and on such terms") 
     Page 31, line 38, leave out ("arranging for him to be") and insert ("ensuring that he is") 
     Page 31, line 43, after ("time") insert ("and on such terms") 
     Page 31, line 44, leave out ("arranging for him to be") and insert ("ensuring that he is") 
  
After Clause 9
 
  
BY THE LORD BURNHAM
 
     Insert the following new Clause-- 
     ("  .  The several time limits provided by sections 1 to 9 to this Act, but disapplied by reason of active service conditions, shall start to run twelve hours after the person arrested or the unit in which he is serving ceases to be on active service, whichever is the first, and each of the 1955 Acts and the 1957 Act shall be construed accordingly.")Time limits.
  
Clause 11
 
  
BY THE LORD BURNHAM
 
     Page 32, line 23, leave out ("Before") and insert ("After") 
     Page 32, line 23, after ("charge") insert ("but before making an award") 
     Page 32, line 26, after ("trial") insert ("by way of appeal") 
     Page 32, line 26, leave out ("charge") and insert ("finding") 
     Page 33, line 11, leave out ("Before") and insert ("After") 
     Page 33, line 11, after ("charge") insert ("but before making an award") 
     Page 33, line 14, after ("trial") insert ("by way of appeal") 
     Page 33, line 14, leave out ("charge") and insert ("finding") 
  
Clause 12
 
  
BY THE LORD BURNHAM
 
     Page 34, line 12, leave out ("shall not award any") and insert ("may award a") 
     Page 34, line 30, leave out ("shall not award any") and insert ("may award a") 
  
After Clause 12
 
  
BY THE LORD BURNHAM
 
     Insert the following new Clause-- 
     ("  .--(1)  After section 102 of each of the 1955 Acts there is inserted-- 
Conduct at court-martial.102A.  Unless the prosecuting authority has previously applied for and obtained leave from the court a person charged before a court-martial shall appear in uniform with belt and headgear and without escort." 
     (2)  After section 66A of the 1957 Act there is inserted-- 
Conduct at court-martial.66B.  Unless the prosecuting authority has previously applied for and obtained leave from the court a person charged before a court-martial shall appear in uniform with headgear and without escort." ")Conduct at court-martial.
  
Clause 18
 
  
BY THE LORD BURNHAM
 
     Page 40, line 6, leave out ("twenty-one") and insert ("seven") 
     Page 40, line 21, leave out ("twenty-one") and insert ("seven") 
 
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Prepared 13 December 1999