Criminal Justice and Courts Bill (HC Bill 169)

Criminal Justice and Courts BillPage 100

(e) the court administration officer for the Court Martial, or

(f) a member of the Military Court Service who would
reasonably be expected to disclose the information only to
a person mentioned in paragraphs (a) to (e).

(4) 5It is not an offence under paragraph 5 for a person who reasonably
believes that a disclosure described in sub-paragraph (1) has been
made to disclose information for the purposes of the investigation.

(5) It is not an offence under paragraph 5 for a person to disclose
information in evidence in—

(a) 10proceedings for an offence or contempt of court alleged to
have been committed by or in relation to a lay member in
connection with the proceedings mentioned in paragraph
5(1),

(b) proceedings on an appeal, or an application for leave to
15appeal, against a decision in the proceedings mentioned in
paragraph 5(1) where an allegation relating to conduct of
or in relation to a lay member forms part of the grounds of
appeal, or

(c) proceedings on any further appeal or reference arising out
20of proceedings mentioned in paragraph (a) or (b).

(6) It is not an offence under paragraph 5 to publish information
disclosed as described in sub-paragraph (5).

(7) It is not an offence under paragraph 5 to solicit a disclosure
described in sub-paragraphs (1) to (6).

(8) 25It is not an offence under paragraph 5 to obtain information—

(a) by means of a disclosure described in sub-paragraphs (1)
to (6), or

(b) from a document that is available to the public or a section
of the public.

(9) 30In this paragraph—

  • “publish” means make available to the public or a section of
    the public;

  • “relevant investigator” means—

    (a)

    a police force listed in section 375;

    (b)

    35the Attorney General;

    (c)

    the Criminal Cases Review Commission;

    (d)

    the Crown Prosecution Service;

    (e)

    the Service Prosecuting Authority;

    (f)

    any other person or class of person specified by the
    40Lord Chancellor for the purposes of this paragraph by
    regulations.

(10) The Lord Chancellor must obtain the consent of the Lord Chief
Justice of England and Wales before making regulations under
this paragraph.

Criminal Justice and Courts BillPage 101

Saving for contempt of court

8 Nothing in paragraph 2, 3 or 4 affects what constitutes contempt
of court at common law or what may be certified under section
311.

5Part 2 Further amendments

4 The Armed Forces Act 2006 is amended as follows.

5 In section 50(2) (jurisdiction of the Court Martial: service offences), after
paragraph (f) insert—

(fa) 10an offence under paragraph 2, 3 or 4 of Schedule 2A (offences
committed by a lay member of the Court Martial);

(fb) an offence under paragraph 5 of that Schedule (disclosing
information about members’ deliberations etc) committed by
a person described in sub-paragraph (2) of that paragraph;.

6 15In section 51(3) (jurisdiction of the Service Civilian Court: excluded
offences), after paragraph (c) insert—

(ca) an offence under paragraph 2, 3, 4 or 5 of Schedule 2A
(offences relating to members of the Court Martial);.

7 In section 373 (orders, regulations and rules), after subsection (1) insert—

(1A) 20The powers conferred by paragraphs 6 and 7 of Schedule 2A on the
Lord Chancellor to make regulations are exercisable by statutory
instrument.

8 In Schedule 2 (offences required to be referred to service police force or
Director of Service Prosecutions under sections 113 and 116), at the end
25insert—

14 An offence under paragraph 4 of Schedule 2A (lay member of the
Court Martial engaging in prohibited conduct).

15 An offence under paragraph 5 of Schedule 2A (disclosing
information about the deliberations of members of the Court
30Martial) committed by a person described in sub-paragraph (2) of
that paragraph.

9 The reference in section 286(4) of the Armed Forces Act 2006 (hearing by the
Court Martial of appeals from Service Civilian Court) to Part 7 of that Act
includes the provisions inserted in that Part by this Schedule.