Armed Forces Discipline Bill [H.L.] - continued        House of Lords
SCHEDULE 3, AMENDMENTS OF 1955 ACTS AND 1957 ACT RELATING TO SUMMARY APPEAL COURTS - continued

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Limitation of total period of sentences of detention
     14. In section 119A of each of the 1955 Acts (duration of sentence of imprisonment and detention) after subsection (2) there is inserted-
 
 
    "(2A) Where the whole or part of a sentence of detention is suspended by virtue of section 118ZA(3) or (4) of this Act, any period of detention ending with the beginning of the suspension shall be taken for the purposes of subsection (1) above to be continuous with any period of detention beginning with the end of the suspension."
 
     15. In section 89 of the 1957 Act (limitation of total period of sentences of detention) after subsection (2) there is inserted-
 
 
    "(2A) Where the whole or part of a sentence of detention is suspended by virtue of section 85A(4) or (5) of this Act, any period of detention ending with the beginning of the suspension shall be taken for the purposes of subsection (1) above to be continuous with any period of detention beginning with the end of the suspension."
 
 
Persons ceasing to be subject to service law
     16. In section 131 of each of the 1955 Acts (trial and punishment of offences under service law notwithstanding offender ceasing to be subject to service law), in subsection (1) after the words "summary dealing with charges" there is inserted "(including appeals against findings recorded, or punishments awarded, on summary dealing)".
 
 
Civilians
     17. In subsection (3) of section 209 of each of the 1955 Acts (application of Act to civilians), after paragraph (faa) there is inserted-
 
 
    "(fab) where the summary appeal court hears an appeal brought by any such person as is mentioned in subsection (1) or (2) above and the court would otherwise include two officers qualified under section 83ZC of this Act for membership of the court, the court may include in place of either or both of them a corresponding number of persons who are in the service of the Crown and are persons such as are mentioned in subsection (1) or (2) above,
 
    (fac) references in Part II of this Act to the officers qualified under section 83ZC for membership of the summary appeal court shall be construed as including references to persons who are members of that court by virtue of paragraph (fab) above,".
     18. In Schedule 4 to the 1957 Act (application of Act to certain civilians) after paragraph 4B there is inserted-
 
 
    "4C. - (1) Where the summary appeal court hears an appeal brought by any person to whom this Act applies by virtue of section 118 of this Act and the court would otherwise include two officers qualified under section 52FH of this Act for membership of the court, the court may include in place of either or both of them a corresponding number of persons who are in the service of the Crown and are persons to whom this Act applies by virtue of section 118.
 
      (2) References in Part II of this Act to the officers qualified under section 52FH for membership of the summary appeal court shall be construed as including references to persons who are members of that court by virtue of sub-paragraph (1) of this paragraph."
 
 
Review of summary findings and awards
     19. - (1) Section 115 of each of the 1955 Acts (review of summary findings and awards) is amended as follows.
 
      (2) Subsection (2) is omitted.
 
      (3) In subsection (3), the word "other" is omitted.
 
      (4) After subsection (5) there is inserted-
 
 
    "(5A) Where-
 
 
    (a) the period of twenty-one days referred to in subsection (2) of section 83ZE of this Act has expired, and
 
    (b) no appeal has been brought under that section,
  the authority carrying out a review under this section may, with the leave of the summary appeal court, refer the finding or any punishment awarded (or both) to that court to be considered by it as on an appeal.
 
      (5B) Where an appeal has been brought under section 83ZE of this Act and it appears to the authority carrying out a review under this section, on consideration of matters appearing to him not to have been brought to the notice of the summary appeal court on the appeal, to be expedient to do so, he may, with the leave of the summary appeal court, refer the finding or any punishment awarded (or both), including any finding or punishment substituted or awarded by the summary appeal court, to that court to be considered or reconsidered by that court as on an appeal.
 
      (5C) A reference to the summary appeal court under subsection (5A) or (5B) of this section shall for the purposes of this Act be treated as an appeal brought by the person to whom the finding or punishment relates against the finding or punishment.
 
      (5D) In a case where exceptionally the authority carrying out a review under this section of a finding considers it necessary to do so, the authority may quash that finding and, if the punishment relates only to that finding, quash the punishment awarded in consequence of that finding.
 
      (5E) The powers conferred by subsection (5D) of this section are exercisable whether or not the conditions in subsection (5A)(a) and (b) are satisfied."
 
      (5) Subsections (6) and (7) are omitted.
 
     20. - (1) Section 71B of the 1957 Act (review of summary findings and awards) is amended as follows.
 
      (2) Subsection (2) is omitted.
 
      (3) In subsection (3)-
 
 
    (a) for "sentence" there is substituted "punishment", and
 
    (b) the word "other" is omitted.
      (4) After subsection (5) there is inserted-
 
 
    "(5A) Where-
 
 
    (a) the period of twenty-one days referred to in subsection (2) of section 52FK of this Act has expired, and
 
    (b) no appeal has been brought under that section,
  the authority carrying out a review under this section may, with the leave of the summary appeal court, refer the finding or any punishment awarded (or both) to that court to be considered by it as on an appeal.
 
      (5B) Where an appeal has been brought under section 52FK of this Act and it appears to the authority carrying out a review under this section, on consideration of matters appearing to him not to have been brought to the notice of the summary appeal court on the appeal, to be expedient to do so, he may, with the leave of the summary appeal court, refer the finding or any punishment awarded (or both), including any finding or punishment substituted or awarded by the summary appeal court, to that court to be considered or reconsidered by that court as on an appeal.
 
      (5C) A reference to the summary appeal court under subsection (5A) or (5B) of this section shall for the purposes of this Act be treated as an appeal brought by the person to whom the finding or punishment relates against the finding or punishment.
 
      (5D) In a case where exceptionally the authority carrying out a review under this section of a finding considers it necessary to do so, the authority may quash that finding and, if the punishment awarded relates only to that finding, quash the punishment awarded in consequence of that finding.
 
      (5E) The powers conferred by subsection (5D) of this section are exercisable whether or not the conditions in subsection (5A)(a) and (b) are satisfied."
 
      (5) Subsections (6) and (7) are omitted.
 
 
Relations between service law and civil courts
     21. In section 133 of each of the 1955 Acts (powers of civil courts) in subsection (2)(c)-
 
 
    (a) after "finding" there is inserted "or award", and
 
    (b) for the words from ", or the award" to the end there is substituted "on review or quashed or varied by the summary appeal court."
     22. In section 134 of each of the 1955 Acts (persons not to be tried under those Acts for offences already disposed of) in subsection (2)(c)-
 
 
    (a) after "finding" there is inserted "or award", and
 
    (b) for the words from ", or the award" to the end of the paragraph there is substituted "on review or quashed or varied by the summary appeal court;".
 
Meaning of "the summary appeal court"
     23. In section 225(1) of the Army Act 1955 and in section 223(1) of the Air Force Act 1955 (general provisions as to interpretation), after the definition of "stoppages" there is inserted-
 
 
    ""the summary appeal court" means the court established by section 83ZA of this Act;".
     24. In section 135(1) of the 1957 Act (general interpretation), after the definition of "steals" there is inserted-
 
 
    ""the summary appeal court" means the court established by section 52FF of this Act;".
 
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Prepared 17 December 1999