House of Lords
Publications on the internet
Other Bills before Parliament
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 Amendment to the Armed Forces Discipline Bill [H.L.] to be moved on Report in the House of Lords.
Before Clause 1
BY THE LORD CAMPBELL OF ALLOWAY
|Insert the following new Clause--|
|("Armed Forces (Human Rights) Court|
| .--(1) An Armed Forces (Human Rights) Court designated by rules in accordance with Section 7 of the Human Rights Act 1998 shall be established to adjudicate on questions relating to the application of the European Convention on Human Rights to the provisions of the Service Discipline Acts raised on appeal from the decisions of Courts Martial or the Courts Martial Appeal Court.|
(2) An appeal may only proceed with leave of the Court granted on the grounds that it is arguable that the decision was in breach of Convention as represented in the Notice of Appeal.
(3) The Court having heard the appeal may either affirm or set aside the decision (or remit the case for further consideration): and make such order as to costs as may be deemed to be just and appropriate.
(4) New evidence may not be adduced at the hearing (whether oral or on affidavit) unless in the opinion of the Court the demands of justice so require.
(5) The Court shall be convened by the Secretary of State as and when it is expedient in his opinion to attend to business.
(6) The composition of the Court shall consist of 2 or 4 members of the Armed Forces appointed by the Secretary of State sitting with a senior member of the judiciary as President appointed by the Lord Chancellor.
(7) Arrangements to give effect to subsection (6) are to be made in consultation between the Lord Chancellor and the Secretary of State.
(8) The question arising for determination of the Court under the provisions of this Act may not be raised on an application for judicial review unless leave of the Court was refused by the Court.
(9) In this section "the Service Discipline Acts" means the Army Act 1955, the Air Force Act 1955, and the Naval Discipline Act 1957.")
|Resolution of Convention Rights under the Services Discipline Acts.|
|© Parliamentary copyright 2000||Prepared 11 January 2000|