House of Lords portcullis
House of Lords
Session 2000-2001
Internet Publications
Other Bills before Parliament

Armed Forces (Peacekeeping Provisions) Bill [H.L.]

This is the Armed Forces (Peacekeeping Provisions) Bill [H.L.], as introduced in the House of Lords on 10th April 2001.

 
 
  
Armed Forces (Peacekeeping Provisions) Bill [H.L.]
 
 
 
 
ARRANGEMENT OF CLAUSES
Clause 
1.Conviction for murder: members of armed forces.
2.Prosecutions: consent of law officers.
3.Short title and extent.
 


 

 
 
A

B I L L

TO

Make new provision about the application of the law of murder, manslaughter and culpable homicide to members of the armed forces on duty in peacekeeping and ancillary operations; and for connected purposes.

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
 

Conviction for murder: members of armed forces.     1. - (1) No member of the armed forces engaged in armed peacekeeping or ancillary operations shall be convicted of murder, manslaughter or culpable homicide if death results from action wheresoever taken by him-
 
 
    (a) in the course of such armed duty; and
 
    (b) in the reasonable belief that in the circumstances the action complied with-
 
      (i) training instructions, or
 
      (ii) orders,
 
    which he was under a military duty to obey.
      (2) In a trial of a member of the armed forces for murder, manslaughter or culpable homicide, the Secretary of State may certify that the accused was engaged in peacekeeping or ancillary operations and that he was armed in furtherance of such duties.
 
      (3) The certificate of the Secretary of State under this section shall constitute conclusive evidence of such matters.
 
      (4) If it is established at a trial that subsection (1) applies, the charge shall be withdrawn (and a charge of manslaughter may not be substituted for murder under section 6(2) of the Criminal Law Act 1967).
 
      (5) If it is established at a trial that subsection (1) does not apply, the charge of murder shall stand on which conviction may ensue.
 
Prosecutions: consent of law officers.     2. No member of the armed forces acting in the course of armed duty on peacekeeping or ancillary operations shall be charged with murder, manslaughter or culpable homicide save-
 
 
    (a) in England and Wales, with the consent of the Attorney General;
 
    (b) in Northern Ireland, with the consent of the Attorney General for Northern Ireland; or
 
    (c) in Scotland, with the consent of the Lord Advocate.
Short title and extent.     3. - (1) This Act may be cited as the Armed Forces (Peackeeping Provisions) Act 2001.
 
      (2) This Act extends to Northern Ireland.
 
 

 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2001
Prepared 11 April 2001