Armed Forces Act 1991
1991 c. 62
An Act to continue the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957; to amend those Acts and other enactments relating to the armed forces; to make provision for compensation for miscarriages of justice before courts-martial; to make provision for orders for the assessment and emergency protection of children forming part of or staying with service families abroad; 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:—C3
Act: power to amend conferred (4.6.2007) by Armed Forces Act 2006 (c. 52), ss. 381, 383(2); S.I. 2007/1442, art. 2(2)
Part I Continuance of Services Acts
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I17 Part II Amendments Relating to the Armed Forces and Other Persons Subject to Provisions of the Services Acts
Part II wholly in force at 01.01.1992 see s. 27(2) and S.I. 1991/2719, art. 2
Young offenders
I22 Young offenders: custodial sentences.
F291
Section 71A of each of the 1955 Acts (juveniles) and, subject to the modifications in subsection (6) below, section 43A of the 1957 Act (juveniles) shall each be amended in accordance with subsections (2) to (5) below.
2
In subsection (1B)—
a
after the words “imprisonment for life ” there shall be inserted “then, subject to subsection (1E) below ”; and
b
paragraph (a) shall be omitted.
3
After subsection (1C) there shall be inserted the following subsections—
1D
Subject to subsections (3) and (4) below, the only custodial sentences that a court may award where a person under 21 years of age is convicted or found guilty of an offence are—
a
a custodial order under section 71AA of this Act or under paragraph 10 of Schedule 5A to this Act; and
b
a sentence of custody for life under subsection (1A) or (1B) above.
1E
A court may not—
a
make a custodial order under section 71AA of this Act; or
b
pass a sentence of custody for life under subsection (1B) above;
unless it is satisfied—
i
that the circumstances, including the nature and the gravity of the offence, are such that if the offender were aged 21 or over the court would pass a sentence of imprisonment; and
ii
that he qualifies for a custodial sentence.
1F
An offender qualifies for a custodial sentence if—
a
he has a history of failure to respond to non-custodial sentences and is unable or unwilling to respond to them; or
b
only a custodial sentence would be adequate to protect the public from serious harm from him; or
c
the offence of which he has been convicted or found guilty was so serious that a non-custodial sentence for it cannot be justified.
4
In subsection (4)—
a
for the words “A person under 17 years of age ” there shall be substituted
In any case where—
a
a person aged 14 or over but under 17 years of age is
b
for the words “may be sentenced by the court, if it ” there shall be substituted
or
b
a person under 14 years of age is found guilty of manslaughter,
and, in either case, the court
c
after the word “suitable ” there shall be inserted “the court may sentence that person ”.
5
After subsection (6) there shall be inserted the following subsection—
7
A sentence of detention under section 71(1)(e) of this Act shall be treated for the purposes of this section as a non-custodial sentence and references in this section to a custodial sentence shall be construed accordingly.
6
The modifications of the amendments in subsections (2) to (5) above in their application to section 43A of the 1957 Act are—
a
for “section 71AA ”, in each place where it occurs in the amendment in subsection (3) above, there shall be substituted “section 43AA ”;
b
for “Schedule 5A ” in the amendment in subsection (3) above there shall be substituted “Schedule 4A ”; and
c
for “section 71(1)(e) ” in the amendment in subsection (5) above there shall be substituted “section 43(1)(e) ”.
I33 Young service offenders: minimum period of custodial orders etc.
F291
In section 71AA of each of the 1955 Acts and in section 43AA of the 1957 Act (young service offenders: custodial orders), in subsection (1) the words “subject to subsection (1A) below ” shall be omitted [F2and after the words “period to be specified in the order ” there shall be inserted “being not less than 21 days and ”.]
2
Subsection (1A) of each of those sections shall be omitted.
3
Subject to subsection (4) below, in subsection (1B) of each of those sections for the words from “there is ” to “in respect of him ” there shall be substituted “ it is satisfied as mentioned in sub-paragraphs (i) and (ii) of subsection (1E) of section 71A of this Act with respect to any person ”.
4
In the application of subsection (3) above to section 43AA of the 1957 Act, for “section 71A ” there shall be substituted “section 43A ”.
I44 Reasons to be given where custodial sentence awarded to young offender.
F291
After section 71AA of each of the 1955 Acts there shall be inserted the following section—
71ABReasons to be given where custodial sentence awarded to young offender.
1
This section applies where a court—
a
makes a custodial order under section 71AA of this Act, or
b
passes a sentence of custody for life under section 71A(1B) of this Act.
2
It shall be the duty of the court—
a
to state in open court and to record in the proceedings that it is satisfied that the offender qualifies for a custodial sentence under one or more of the paragraphs of subsection (1F) of section 71A of this Act, the paragraph or paragraphs in question, and why it is so satisfied; and
b
to explain to the offender in open court and in ordinary language why it is passing a custodial sentence on him.
3
Where a court makes a custodial order and, in accordance with its duty under subsection (2) above, makes the statement required by paragraph (a) of that subsection, the matters stated shall be specified in the order (made under Imprisonment and Detention Rules) pursuant to which the offender is committed into custody.
2
After section 43AA of the 1957 Act there shall be inserted the following section—
43ABReasons to be given where custodial sentence awarded to young offender.
1
This section applies where a court—
a
makes a custodial order under section 43AA of this Act, or
b
passes a sentence of custody for life under section 43A(1B) of this Act.
2
It shall be the duty of the court—
a
to state in open court and to record in the proceedings that it is satisfied that the offender qualifies for a custodial sentence under one or more of the paragraphs of subsection (1F) of section 43A of this Act, the paragraph or paragraphs in question, and why it is so satisfied; and
b
to explain to the offender in open court and in ordinary language why it is passing a custodial sentence on him.
3
Where a court makes a custodial order and, in accordance with its duty under subsection (2) above, makes the statement required by paragraph (a) of that subsection, the matters stated shall be specified in the committal order.
I55 Young civilian offenders: custodial orders.
F291
In Schedule 5A to each of the 1955 Acts and Schedule 4A to the 1957 Act (powers of court on trial of civilian), paragraph 10 (custodial orders) shall be amended in accordance with the following provisions of this section.
2
Subject to subsection (9) below, in sub-paragraph (1)—
a
for the words “subsection (1A) below ” there shall be substituted “ sub-paragraphs (1A) and (1AA) below ”; and
F3b
for the words from “in accordance ” to the end of paragraph (b) there shall be substituted—
for a period, to be specified in the order, which—
a
shall not be less than 21 days;
b
shall not exceed the maximum period for which he could have been sentenced to imprisonment if he had attained the age of 21; and
c
if the order is made by a Standing Civilian Court, shall not exceed six months
3
In sub-paragraph (1A) the words from the beginning to “appropriate and ” shall be omitted.
4
After sub-paragraph (1A) there shall be inserted the following sub-paragraphs—
1AA
The court may not make a custodial order unless it is satisfied—
a
that the circumstances, including the nature and the gravity of the offence, are such that if the offender were aged 21 or over the court would pass a sentence of imprisonment; and
b
that he qualifies for a custodial sentence.
1AB
An offender qualifies for a custodial sentence if—
a
he has a history of failure to respond to non-custodial sentences and is unable or unwilling to respond to them; or
b
only a custodial sentence would be adequate to protect the public from serious harm from him; or
c
the offence of which he has been convicted or found guilty was so serious that a non-custodial sentence for it cannot be justified.
5
In sub-paragraph (1B) for the words from “there is ” to “in respect of him ” there shall be substituted “it is satisfied as mentioned in paragraphs (a) and (b) of sub-paragraph (1AA) above with respect to an offender ”.
6
Subject to subsection (10) below, for sub-paragraphs (3A) and (3B) there shall be substituted the following sub-paragraphs—
3A
Where the court makes a custodial order it shall be its duty—
a
to state in open court and to record in the proceedings that it is satisfied that the offender qualifies for a custodial sentence under one or more of the paragraphs of sub-paragraph (1AB) above, the paragraph or paragraphs in question, and why it is so satisfied; and
b
to explain to the offender in open court and in ordinary language why it is passing a custodial sentence on him.
3B
Where the court makes a custodial order and, in accordance with its duty under sub-paragraph (3A) above, makes the statement required by paragraph (a) of that sub-paragraph, the matters stated shall be specified in the order (made under Imprisonment and Detention Rules) pursuant to which the offender is committed into custody.
7
For sub-paragraph (4) there shall be substituted the following sub-paragraphs—
4
If a person is outside the United Kingdom at the time a custodial order is made in respect of him, he shall as soon as practicable be removed to the United Kingdom.
4A
A person in respect of whom a custodial order has been made shall be detained in such appropriate institution as the Secretary of State may direct, and any enactment applying to persons detained in any such institution shall apply to a person so detained under this paragraph.
8
In sub-paragraph (6), in each of paragraphs (a), (b) and (c) after the words “where the offender is ” there shall be inserted “in or ”.
F39
In the application of subsection (2) above to paragraph 10 of Schedule 4A to the 1957 Act, for paragraph (b) there shall be substituted—
b
for the words from “in accordance ” to the end of paragraph (b) there shall be substituted “for a period to be specified in the order, being not less than 21 days and not exceeding the maximum period for which he could have been sentenced to imprisonment if he had attained the age of 21 ”.
10
In the application of subsection (6) above to paragraph 10 of Schedule 4A to the 1957 Act, for the words from “order (made under ” onwards there shall be substituted “committal order ”.
I66 Abolition of reception orders.
F29In Schedule 5A to each of the 1955 Acts and in Schedule 4A to the 1957 Act the following provisions (which refer to reception orders made in respect of civilians under 17 found guilty of certain offences) shall cease to have effect—
a
in paragraph 2 the definition of “reception order ”;
b
paragraphs 6 to 9; and
c
in paragraph 15(3), in the third column of the Table, paragraph 2.
Stoppages and compensation orders
I77 Stoppages under the 1955 Acts: personal injuries and limits.
F291
In section 71 of each of the 1955 Acts (scale of punishments and supplementary provisions)—
a
in subsection (1), in paragraph (k) after the word “expense ” there shall be inserted “personal injury ”; and
b
after subsection (5) there shall be inserted the following subsections—
6
Unless the Secretary of State by order provides that this subsection shall no longer apply, the stoppages awarded by a court-martial in respect of any offence occasioning personal injury of which a person is convicted or any other such offence which is taken into consideration in determining sentence shall not exceed such sum as is for the time being specified by an order made by the Secretary of State.
7
The power to make an order under subsection (6) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
2
I88 Stoppages under the 1957 Act: personal injuries and limits.
F291
In section 43 of the 1957 Act (scale of punishments and supplementary provisions)—
a
in subsection (1), in paragraph (l) after the word “expense ”, in both places where it occurs, there shall be inserted “personal injury ”; and
b
after subsection (6) there shall be inserted the following subsections—
7
Unless the Secretary of State by order provides that this subsection shall no longer apply, the stoppages awarded in respect of any offence occasioning personal injury of which a person is convicted or any other such offence which is taken into consideration in determining sentence shall not exceed such sum as is for the time being specified by an order made by the Secretary of State.
8
The power to make an order under subsection (7) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
2
In section 49 of the 1957 Act (summary trial), after subsection (5) there shall be inserted the following subsection—
6
The reference in the proviso to subsection (5) above to stoppages does not include a reference to stoppages for personal injury.
I99 Compensation orders for personal injuries on trial of civilians.
F291
In the following enactments relating to the powers of a court on the trial of a civilian—
a
Schedule 5A to each of the 1955 Acts, and
b
Schedule 4A to the 1957 Act,
paragraph 11 (compensation orders) shall be amended in accordance with the following provisions of this section.
2
In sub-paragraph (1) for the words “loss or damage, other than personal injury ” there shall be substituted “personal injury, loss or damage ”.
3
Subject to subsection (6) below, after sub-paragraph (1) there shall be inserted the following sub-paragraph—
1A
Unless the Secretary of State by order provides that this sub-paragraph shall no longer apply, the sum specified in a compensation order made by a court-martial for any personal injury shall not exceed such sum as is for the time being specified in sub-paragraph (2) below or such larger sum as may for the time being be specified by an order made by the Secretary of State; and the power to make an order under this sub-paragraph shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
4
In sub-paragraph (4) the words from “and no such order ” onwards shall be omitted and after that sub-paragraph there shall be inserted the following sub-paragraphs—
4A
A compensation order may only be made in respect of injury, loss or damage which was due to an accident arising out of the presence of a motor vehicle on a road if—
a
it is in respect of damage which is treated by sub-paragraph (3) above as resulting from an offence of unlawfully obtaining any property; or
b
it is in respect of injury, loss or damage as respects which—
i
the offender is uninsured in relation to the use of the vehicle; and
ii
compensation is not payable under any arrangements specified by the Secretary of State for the purposes of this paragraph;
and, where a compensation order is made in respect of injury, loss or damage due to such an accident, the amount to be paid may include an amount representing the whole or part of any loss of or reduction in preferential rates of insurance attributable to the accident.
4B
For the purposes of sub-paragraph (4A) above, a person is not uninsured in relation to the use of a vehicle if—
a
the vehicle is in the public service of the Crown; or
b
the use of the vehicle is exempted from insurance by section 144 of the Road Traffic Act 1988 or paragraph (2) or paragraph (3) of Article 90 of the Road Traffic (Northern Ireland) Order 1981.
5
After sub-paragraph (5) there shall be inserted the following sub-paragraph—
6
Where the court considers—
a
that it would be appropriate both to impose a fine and to make a compensation order, but
b
that the person concerned has insufficient means to pay both an appropriate fine and appropriate compensation,
the court shall give preference to compensation (though it may impose a fine as well).
6
Subsection (3) above shall not apply in relation to paragraph 11 of Schedule 4A to the 1957 Act; but after sub-paragraph (1) of that paragraph there shall be inserted the following sub-paragraph—
1A
Unless the Secretary of State by order provides that this sub-paragraph shall no longer apply, the sum specified in a compensation order made for any personal injury shall not exceed such sum as is for the time being specified in paragraph 11(2) of Schedule 5A to the Army Act 1955 or such larger sum as may for the time being be specified by an order made by the Secretary of State; and the power to make an order under this sub-paragraph shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Courts-martial
I1010 Compensation for miscarriages of justice.
F291
Subject to subsection (2) below, when—
a
a person has been convicted by a court-martial, and
b
subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows beyond reasonable doubt that there has been a miscarriage of justice,
the Secretary of State shall pay compensation for the miscarriage of justice to the person who has suffered punishment as a result of such conviction or, if he is dead, to his personal representatives, unless the non-disclosure of the unknown fact was wholly or partly attributable to the person convicted.
2
No payment of compensation under this section shall be made unless an application for such compensation has been made to the Secretary of State.
3
The question whether there is a right to compensation under this section shall be determined by the Secretary of State.
4
If the Secretary of State determines that there is a right to such compensation, the amount of the compensation shall be assessed by an assessor appointed by the Secretary of State.
5
In this section “reversed ” shall be construed as referring to a conviction having been quashed—
a
on an appeal out of time; or
b
on a reference under section 34 of the M3Courts-Martial (Appeals) Act 1968.
6
For the purposes of this section a person suffers punishment as a result of a conviction when sentence is passed on him for the offence of which he was convicted.
7
Schedule 1 to this Act shall have effect.
I1111 Withdrawal of election to be tried by court-martial under the 1955 Acts: officers, warrant officers and civilians.
F291
In section 79 of each of the 1955 Acts (further proceedings on charges against officers and warrant officers), in subsection (6) after the words “so elects ” there shall be inserted “and does not subsequently in accordance with Queen’s Regulations withdraw his election ”.
2
In section 209 of each of those Acts (application of Acts to civilians), in subsection (3) (modifications), in paragraph (d) after the words “so elects ” there shall be inserted “and does not subsequently in accordance with Rules of Procedure withdraw his election ”.
I1212 Powers of naval courts-martial.
F291
In section 90 of the 1957 Act (suspension of sentences), in subsection (1) for the words “any such case ” there shall be substituted “any case where a sentence is suspended under this subsection ” and after that subsection there shall be inserted the following subsection—
1A
Where any person has been sentenced under this Act by a court-martial to imprisonment or detention, the court-martial may itself exercise the power under subsection (1) above to order the suspension of the sentence.
2
In Schedule 4A to the 1957 Act (powers of courts-martial on trial of civilian), in paragraph 4(7) (offences relating to community supervision orders to be treated as offences against provisions of Part II of that Act) for the words “Part II ” there shall be substituted “Part I ”.
I1313 Damage to public or service property etc.
F291
In the M4Army Act 1955, in Schedule 3 (alternative offences of which accused may be convicted by court-martial), after the paragraphs in the first and second columns numbered 7B there shall be inserted—
7C. Wilfully damaging public or service property or property belonging to another person subject to military law.
7C. By wilful neglect causing damage to public or service property or property belonging to another person subject to military law.
2
The paragraphs set out in subsection (1) above shall also be inserted in the first and second columns of Schedule 3 to the M5Air Force Act 1955 after the paragraphs numbered 7B, but with the substitution for the words “military law ”, in each place where they occur, of the words “air-force law ”.
Deduction of maintenance payments etc. from pay
I1414 Deductions from pay in respect of liabilities for maintenance: the 1955 Acts.
F291
Section 150 of each of the 1955 Acts (enforcement of maintenance and affiliation orders by deduction from pay) shall be amended in accordance with subsections (2) to (4) below.
2
In subsection (1), in paragraph (a) the words “or child ” shall be omitted and after that paragraph there shall be inserted the following paragraph—
aa
the maintenance of any child of his or his wife or of any other child who has been treated by them both as a child of their family; or
3
After subsection (1) there shall be inserted the following subsection—
1A
Without prejudice to any enactment or rule of law relating to adoption or legitimation, in subsection (1)(aa) above any reference to a child of the defendant or his wife shall be construed without regard to whether or not the father and mother of the child have or had been married to each other at any time.
4
In subsection (5)—
a
in the paragraph beginning “references to a wife ” the words “or child ”, in both places where they occur, shall be omitted; and
b
the paragraph beginning “references to a child ” shall be omitted.
5
At the end of section 151 of each of the 1955 Acts (deductions from pay for maintenance of wife or child) there shall be added, and be deemed always to have been added, the following subsection—
6
Without prejudice to any enactment or rule of law relating to adoption or legitimation, references in this section to a child of any person shall be construed without regard to whether the father and mother of the child have or had been married to each other at any time.
6
The amendments made by the preceding provisions of this section do not affect the operation,—
a
in England and Wales, of section 1 of the M6Family Law Reform Act 1987; or
b
in Scotland, of section 1 of the M7Law Reform (Parent and Child) (Scotland) Act 1986.
I1515 Deductions from naval and marine pay in respect of liabilities for maintenance.
F291
In the M8Naval Forces (Enforcement of Maintenance Liabilities) Act 1947, section 1 (deductions from pay in respect of liabilities for maintenance etc.) shall be amended in accordance with subsections (2) to (4) below.
2
In subsection (1)—
a
for paragraph (a) there shall be substituted the following paragraphs—
a
for the maintenance of the wife of that person;
aa
for the maintenance of any child of that person or his wife or of any other child who has been treated by them both as a child of their family;
b
in paragraph (b) for the words from “and any such children ” onwards there shall be substituted “or any such child as is mentioned in paragraph (aa) above ”; and
c
after paragraph (b) there shall be added the following paragraph—
c
for the payment of any sum adjudged as costs, or awarded as expenses, incurred in proceedings on appeal against, or for the variation, revocation or revival of, any such order or decree.
3
After subsection (2) there shall be inserted the following subsections—
2A
For the purposes of this section—
a
if, in proceedings in connection with the dissolution or annulment of a marriage, an order has been made for the payment of any periodical or other sum in respect of the maintenance of the person who, if the marriage had subsisted, would have been the wife of any such person as is mentioned in subsection (1) above, references in this section to that person’s wife include references to the person in whose favour the order was made;
b
any reference to an order or decree of any court in Her Majesty’s dominions includes a reference to an order registered in a court in the United Kingdom under Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 or registered under Part I of the Civil Jurisdiction and Judgments Act 1982 in a court in any territory to which that Act for the time being extends; and
c
without prejudice to any enactment or rule of law relating to adoption or legitimation, references to a child of a person or his wife shall be construed without regard to whether or not the father and mother of the child have or had been married to each other at any time.
2B
In relation to women members of Her Majesty’s naval forces, within the meaning of the Naval Discipline Act 1957, references in this section to a wife shall be construed as references to a husband.
4
Subsections (3) and (5) shall be omitted.
5
In section 101 of the 1957 Act (service of proceedings for maintenance etc.), in subsection (5) (definition of “maintenance order ”) for paragraphs (a) and (b) there shall be substituted the following paragraphs—
a
the maintenance of the wife of the person against whom the order is made; or
b
the maintenance of any child of that person or his wife or of any other child who has been treated by them both as a child of their family; or
6
After subsection (5) of section 101 of the 1957 Act there shall be inserted the following subsections—
5A
In subsection (5) above—
a
references to the wife of a person include, in relation to an order made in proceedings in connection with the dissolution or annulment of a marriage, references to a person who would have been his wife if the marriage had subsisted; and
b
without prejudice to any enactment or rule of law relating to adoption or legitimation, references to a child of a person or his wife shall be construed without regard to whether or not the father and mother of the child have or had been married to each other at any time.
5B
In relation to women members of Her Majesty’s naval forces, references in this section to a wife shall be construed as references to a husband.
7
The amendments made by the preceding provisions of this section do not affect the operation,—
a
in England and Wales, of section 1 of the M9Family Law Reform Act 1987; or
b
in Scotland, of section 1 of the M10Law Reform (Parent and Child) (Scotland) Act 1986.
Part III Protection of Children of Service Families
17 Power to make service family child assessment orders.
F41
The power to make an order under this section (in this Part of this Act referred to as an “assessment order ”) is exercisable only with respect to a child who—
a
b
is staying (for however short a time) outside the British Islands with such a family.
2
In the following provisions of this section and in section 18 of this Act, any reference to a person with whom a child was at any time residing includes a reference to a person with whom a child was staying.
3
On an application made with respect to a child by a person authorised in that behalf by regulations, F35the officer having jurisdictionF35a judge advocate may make an assessment order with respect to the child if, but only if, he is satisfied that—
a
the applicant has reasonable cause to suspect that the child is suffering, or is likely to suffer, significant harm;
b
an assessment of the state of the child’s health or development or of the way in which he has been treated is required to enable the applicant to determine whether or not the child is suffering, or is likely to suffer, significant harm; and
c
it is unlikely that such an assessment will be made, or be satisfactory, in the absence of an assessment order.
4
A person making an application for an assessment order with respect to a child shall take such steps as are reasonably practicable to ensure that, before the application is considered, notice of the application is given to—
a
the child;
b
his parents;
c
any other person who has parental responsibility for him;
d
any other person caring for the child or with whom the child is residing immediately before the making of the application;
e
any person in whose favour a contact order is in force with respect to the child; and
5
An assessment order shall not be made with respect to any child if F36the officerF36the judge advocate to whom the application is made is satisfied—
a
that there are grounds for making a protection order with respect to the child; and
b
that he ought to make such an order rather than an assessment order;
6
Regulations may make provision with respect to the procedure to be followed on and in connection with the making of an assessment order.
18 Content, effect, variation and discharge of assessment orders.
1
An assessment order shall—
a
specify the date by which the assessment is to begin; and
b
have effect for such period, not exceeding seven days beginning with that date, as may be specified in the order.
2
Where an assessment order is in force with respect to a child, it shall be the duty of any person who is in a position to produce the child—
a
to produce him to such person as may be named in the order; and
3
Subject to subsection (4) below, an assessment order authorises any person carrying out the assessment, or any part of the assessment, to do so in accordance with the terms of the order.
4
If the child to whom an assessment order relates is of sufficient understanding to make an informed decision, he may refuse to submit to a medical or psychiatric examination or other assessment.
5
The child to whom an assessment order relates may only be kept away from home—
a
in accordance with directions included in the order; and
b
if it is necessary for the purposes of the assessment; and
c
for such period or periods as may be specified in the order.
6
7
In such circumstances and subject to such conditions as may be prescribed by regulations, an assessment order may be varied or discharged on an application made, in such manner as may be so prescribed, by—
a
the child to whom the order relates;
b
a parent of his;
c
any other person who has parental responsibility for him;
d
any other person caring for the child or with whom the child was residing immediately before the making of the application;
e
any person in whose favour a contact order is in force with respect to the child; or
8
A person subject to service law F40or a civilian in a corresponding position whoF40, or a civilian subject to service discipline, commits an offence if he intentionally obstructs any person exercising a power conferred F41on him by virtue of the making of an assessment order F42shall be liable on conviction to a fine or to any less punishment provided by the M16Army Act 1955, the M17Air Force Act 1955 or the 1957 Act, as the case may require.
F438A
A person guilty of an offence under this section is liable to any punishment mentioned in rows 5 to 12 of the Table in section 164 of the Armed Forces Act 2006.
8B
For the purposes of determining the court's powers when sentencing a civilian offender (within the meaning of Part 1 of Schedule 3 to the Armed Forces Act 2006) for an offence under this section, subsection (8A) has effect as if the reference to rows 5 to 12 were to rows 2 to 7.
8C
For the purposes of determining the court's powers when sentencing an offender to whom Part 2 of that Schedule applies (ex-servicemen etc) for an offence under this section, subsection (8A) has effect as if the reference to rows 5 to 12 were to rows 5 to 10.
9
F44Any offence under subsection (8) above shall be treated,—
a
if the offender is subject to military law or a civilian to whom Part II of the M18Army Act 1955 is applied by section 209 of that Act, as if it were an offence against a provision of Part II of that Act which is triable by court-martial under that Act;
b
if the offender is subject to air-force law or a civilian to whom Part II of the M19Air Force Act 1955 is applied by section 209 of that Act, as if it were an offence against a provision of Part II of that Act which is triable by court-martial under that Act;
c
if the offender is subject to the 1957 Act or a civilian to whom Parts I and II of that Act are applied by section 118 of that Act, as if it were an offence against a provision of Part I of that Act which is triable by court-martial under that Act.
10
Any power conferred by this section to give directions shall be exercisable subject to, and in accordance with, any provision made by regulations.
19 Power to make orders for the emergency protection of children of service families.
F111
The power to make an order under this section (in this Part of this Act referred to as a “protection order ”) is exercisable only with respect to a child who—
a
b
is staying (for however short a time) outside the British Islands with such a family.
2
In the following provisions of this Part, any reference to a person with whom a child was at any time residing includes a reference to a person with whom a child was staying.
3
On an application made by any person with respect to a child, F46the officer having jurisdictionF46a judge advocate may make a protection order with respect to the child if, but only if, he is satisfied that—
a
there is reasonable cause to believe that the child is likely to suffer significant harm if he is not removed to accommodation provided by or on behalf of the applicant; or
b
there is reasonable cause to believe that the child is likely to suffer significant harm if he does not remain in the place in which he is then being accommodated (whether or not that is the place where he is resident); or
c
in the case of an application made by a designated person—
i
the applicant has reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm;
ii
the applicant is making enquiries with respect to the child’s welfare; and
iii
those enquiries are being frustrated by access to the child being unreasonably refused to the applicant or a person authorised by the applicant to seek access and the applicant has reasonable cause to believe that access to the child is required as a matter of urgency.
4
No protection order shall be made without affording—
a
the child to whom it is proposed that the order should relate,
b
his parents,
c
any other person who has parental responsibility for him, and
d
any other person with whom he was residing immediately before the making of the application for the order,
an opportunity to make representations to the F47officerF47judge advocate to whom the application for the order is made, except where it appears to that F47officerF47judge advocate that it would be undesirable to do so in the interests of the child or that it would be impracticable, or would cause unnecessary delay, to communicate with any parent of the child or with any such other person as is mentioned in paragraph (c) or paragraph (d) above.
5
Any person—
a
seeking access to a child in connection with enquiries of a kind mentioned in subsection (3)(c) above, and
b
purporting to be a designated person or a person authorised by a designated person to seek such access,
shall, on being asked to do so, produce some duly authenticated document as evidence that he is such a person.
6
Regulations may—
a
prescribe the descriptions of persons who for the purposes of this section are designated persons; and
b
make provision with respect to the procedure to be followed on and in connection with the making of protection orders.
7
20 Content and effect of protection orders.
1
A protection order shall name the person on whose application it was made (in this Part of this Act referred to as “the responsible person ”) and, wherever it is reasonably practicable to do so, the order shall also name the child to whom it relates; and where it does not name that child it shall describe him as clearly as possible.
2
Where a protection order is in force with respect to a child—
a
it shall be the duty of any person who is in a position to do so to comply with any request to produce the child to the responsible person; and
b
the order authorises—
i
the removal of the child at any time to accommodation provided by or on behalf of the responsible person and his being kept there; or
ii
the prevention of the child’s removal from any service hospital, or other place, in which he was being accommodated immediately before the making of the order.
3
Where a protection order is in force with respect to a child, the responsible person—
a
shall only exercise a power given by virtue of subsection (2)(b) above in order to safeguard the welfare of the child;
b
shall comply with the requirements of any regulations made for the purposes of this subsection; and
c
subject to paragraphs (a) and (b) above, shall do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child’s welfare (having regard in particular to the duration of the order).
4
The F49officerF49judge advocate making a protection order may give such directions (if any) as he considers appropriate with respect to all or any of the following matters—
a
whether the responsible person, in exercising any power under the order, should be accompanied by a person having a medical, nursing or other appropriate qualification;
b
any contact which is, or is not, to be allowed between the child and any named person; and
c
any medical or psychiatric examination or other assessment of the child which is, or is not, to be carried out;
but, where a direction is given under paragraph (c) above for the carrying out of an examination or other assessment, the child may, if he is of sufficient understanding to make an informed decision, refuse to submit to the examination or assessment.
5
Where a protection order is in force with respect to a child and—
a
the responsible person has exercised the power given by subsection (2)(b)(i) above but it appears to him that it is safe for the child to be returned; or
b
the responsible person has exercised the power given by subsection (2)(b)(ii) above but it appears to him that it is safe for the child to be allowed to be removed from the place in question,
he shall return the child or (as the case may be) allow him to be removed.
6
Where he is required by subsection (5) above to return the child, the responsible person shall—
a
return him to the care of the person from whose care he was removed; or
b
if that is not reasonably practicable, return him to the care of—
i
a parent of his;
ii
any person who is not a parent of his but who has parental responsibility for him; or
7
Where the responsible person has been required by subsection (5) above to return the child, or to allow him to be removed, he may again exercise his powers with respect to the child (at any time while the protection order remains in force) if it appears to him that a change in the circumstances of the case makes it necessary for him to do so.
8
Where a protection order has been made with respect to a child, the responsible person shall, subject to any direction given under subsection (4) above, allow the child reasonable contact with—
a
his parents;
b
any other person who has parental responsibility for him;
c
any other person with whom he was residing immediately before the making of the application for the order;
d
any person in whose favour a contact order is in force with respect to him;
e
f
any person acting on behalf of any of those persons.
9
F51A person subject to service law or a civilian in a corresponding position who intentionally obstructs any person exercising the power under subsection (2)(b) above to remove, or prevent the removal of, a child shall be liable on conviction to a fine or to any less punishment provided by the M22Army Act 1955, the M23Air Force Act 1955 or the 1957 Act, as the case may require.
10
Any offence under subsection (9) above shall be treated,—
a
if the offender is subject to military law or a civilian to whom Part II of the Army Act 1955 is applied by section 209 of that Act, as if it were an offence against a provision of Part II of that Act which is triable by court-martial under that Act;
b
if the offender is subject to air-force law or a civilian to whom Part II of the Air Force Act 1955 is applied by section 209 of that Act, as if it were an offence against a provision of Part II of that Act which is triable by court-martial under that Act;
c
if the offender is subject to the 1957 Act or a civilian to whom Parts I and II of that Act are applied by section 118 of that Act, as if it were an offence against a provision of Part I of that Act which is triable by court-martial under that Act.
F519
A person subject to service law, or a civilian subject to service discipline, commits an offence if he—
a
intentionally obstructs any person exercising the power under subsection (2)(b) above to remove, or prevent the removal of, a child; or
b
intentionally fails to comply with an exclusion requirement included in a protection order by virtue of section 20A below.
9A
A person guilty of an offence under this section is liable to any punishment mentioned in rows 5 to 12 of the Table in section 164 of the Armed Forces Act 2006.
9B
For the purposes of determining the court's powers when sentencing a civilian offender (within the meaning of Part 1 of Schedule 3 to the Armed Forces Act 2006) for an offence under this section, subsection (9A) has effect as if the reference to rows 5 to 12 were to rows 2 to 7.
9C
For the purposes of determining the court's powers when sentencing an offender to whom Part 2 of that Schedule applies (ex-servicemen etc) for an offence under this section, subsection (9A) has effect as if the reference to rows 5 to 12 were to rows 5 to 10.
11
Any directions given under subsection (4) above shall be set out in the protection order, and—
a
the power to give such directions shall be exercisable subject to, and in accordance with, any provision made by regulations; and
b
any direction given in the exercise of that power may be varied or revoked at any time subject to, and in accordance with, any provision so made.
20AF30Power to include exclusion requirement in protection order
1
Where—
a
a judge advocate (on being satisfied as mentioned in section 19(3)(a), (b) or (c)) makes a protection order with respect to a child, and
b
conditions A, B and C are satisfied,
the judge advocate may include an exclusion requirement in the protection order.
2
An exclusion requirement is any one or more of the following—
a
a provision requiring a person who is subject to service law or is a civilian subject to service discipline to leave relevant premises in which he is living with the child;
b
a provision prohibiting a person who is subject to service law or is a civilian subject to service discipline from entering relevant premises in which the child lives;
c
a provision excluding such a person from a defined area in which relevant premises in which the child lives are situated.
3
Condition A is that there is reasonable cause to believe that, if the person to whom the exclusion requirement would relate (“the relevant person”) is excluded from relevant premises in which the child lives—
a
in the case of an order made on the ground mentioned in section 19(3)(a) or (b), the child will not be likely to suffer significant harm, even though not removed as mentioned in section 19(3)(a) or not remaining as mentioned in section 19(3)(b);
b
in the case of an order made on the ground mentioned in section 19(3)(c), the enquiries referred to there will cease to be frustrated.
4
Condition B is that a person (other than the relevant person) living in the relevant premises in which the child lives, whether or not he is the child's parent—
a
is able and willing to give to the child the care which it would be reasonable to expect a parent to give him; and
b
consents to the inclusion of the exclusion requirement.
5
Condition C is that the judge advocate is satisfied—
a
that, throughout the duration of the requirement, alternative accommodation which the judge advocate considers appropriate will be available to the relevant person; and
b
where the relevant person is subject to service law, that the relevant person's commanding officer also considers that that accommodation is appropriate.
6
If, while a protection order containing an exclusion requirement is in force, the child has in pursuance of the order been removed from the relevant premises to which the requirement relates to other accommodation for a continuous period of more than 24 hours, the order shall cease to have effect so far as it imposes the exclusion requirement.
7
In this section “relevant premises” means premises occupied as a residence by a person subject to service law or a civilian subject to service discipline.
8
Who is the relevant person's “commanding officer” for the purposes of subsection (5)(b) shall be determined by or under regulations made by the Defence Council.
21 Duration of protection orders.
1
A protection order shall specify the period for which it is to have effect, F53being —
a
in a case where the order is made by an officer other than a superior officer, a period not exceeding the period of eight days beginning with the date of the order; and
b
in a case where the order is made by a superior officer, a period not exceeding the period of twenty-eight days beginning with the date of the order.
F53which must be a period of not more than 28 days beginning with the date of the order.
2
Where a protection order has been made with respect to a child and it appears at any time to F52the officer having jurisdictionF52a judge advocate—
a
b
that there is reasonable cause to believe that the child concerned is likely to suffer significant harm if the effect of the order is not extended or further extended,
3
No extension order shall be made without affording—
a
the child to whom the protection order relates,
b
his parents,
c
any other person who has parental responsibility for him, and
d
any other person with whom he was residing immediately before the making of the application for the protection order,
an opportunity to make representations to the F56officerF56judge advocate by whom the case is being considered, except where it appears to that F56officerF56judge advocate that it would be undesirable to do so in the interests of the child or that it would be impracticable, or would cause unnecessary delay, to communicate with any parent of the child or with any such other person as is mentioned in paragraph (c) or paragraph (d) above.
4
Where a child is removed under a protection order to accommodation in the United Kingdom—
a
the order shall not authorise his being kept in that accommodation after the end of the period of twenty-four hours beginning with his arrival in that accommodation; but
b
the powers conferred by the M24Children Act 1989, the F13Children (Scotland) Act 1995 and the F14Children (Northern Ireland) Order 1995 shall be exercisable with respect to the child as if everything which was relevant to the question of whether a protection order should be made were relevant, notwithstanding that the child has been removed under the order, to the question whether the conditions for the exercise of any of those powers are satisfied.
5
22 Review and discharge of protection orders.
1
Subsections (2) to (4) below apply in relation to a protection order in any case where—
a
the order as originally made has effect for a period exceeding eight days; or
b
by an extension order the effect of the protection order is continued for a period exceeding seven days beginning with the date of the extension order.
2
If, during the period of six days beginning with the date of the protection order or during any other period of six days while the protection order continues to have effect,—
a
no extension order is made continuing the effect of the protection order, and
b
no review of the protection order is carried out in accordance with subsection (4) below,
3
Subsection (2) above does not require a review of a protection order to be carried out on the day following any six-day period if—
a
the order ceases to have effect at the end of that period or on that following day; or
b
on that following day an extension order is made continuing the effect of the protection order.
4
A F59superior officerF59judge advocate carrying out a review of a protection order shall F60consider whether—
a
if the child were returned by the responsible person, or
b
where section 20(2)(b)(ii) above applies, if the child were allowed to be removed from the place in which he was being accommodated immediately before the making of the order,
F60consider whether, if the order were discharged and—
a
(where the power under section 20(2)(b)(i) has been exercised) if the child were returned by the responsible person, or
b
(where the power under section 20(2)(b)(ii) has been exercised) if the child were allowed to be removed from the place in which he was being accommodated immediately before the making of the order,
any of the conditions in paragraphs (a) to (c) of subsection (3) of section 19 above would be satisfied; and if in his opinion none of those conditions would be satisfied he shall discharge the order.
5
Without prejudice to the possibility of the discharge of a protection order on a review under the preceding provisions of this section, if an application is made by—
a
the responsible person,
b
the child to whom the order relates,
c
a parent of his,
d
any other person who has parental responsibility for him, or
e
any other person with whom he was residing immediately before the making of the application for the order,
F625A
On the application of the person to whom an exclusion requirement contained in a protection order relates, a judge advocate may, in such circumstances and subject to such conditions as may be prescribed by regulations, vary the exclusion requirement or discharge the order so far as it imposes the exclusion requirement.
6
Regulations may make provision as to the procedure to be followed on a review of a protection order (including provision as to the making of representations by any persons).
7
Without prejudice to the power to vary or revoke any direction previously given under subsection (4) of section 20 above, if, on carrying out a review of a protection order or on an application under subsection (5) above, the F63officerF63judge advocate dealing with the matter does not discharge the order, he may exercise the power to give directions under subsection (4) of section 20 above and subsection (11) of that section shall have effect accordingly.
22AF31Removal and accommodation of children by service police in emergency
1
Where a service policeman has reasonable cause to believe that a relevant child would otherwise be likely to suffer significant harm, he may, if authorised—
a
remove the child to suitable accommodation and keep him there; or
b
take such steps as are reasonable to ensure that the child's removal from any service hospital, or other place, in which he is then being accommodated is prevented.
2
In this section, a child with respect to whom a service policeman has exercised the power under subsection (1) is referred to as having been taken into service police protection.
3
As soon as is reasonably practicable after taking a child into service police protection, the service policeman concerned shall—
a
inform the appropriate service police officer of the steps that have been and are proposed to be taken under this Part of this Act with respect to the child and the reasons for taking them;
b
give details to the appropriate service police officer of the place at which the child is being accommodated;
c
inform the child (if he appears capable of understanding)—
i
of the steps that have been taken with respect to him under this section and of the reasons for taking them; and
ii
of the further steps that may be taken with respect to him under this Part of this Act;
d
take such steps as are reasonably practicable to discover the wishes and feelings of the child;
e
secure that the case is inquired into by the appropriate service police officer;
f
secure that the child is moved to accommodation approved for the purpose by the appropriate service police officer (unless that officer approves the child's remaining where he is currently being accommodated);
g
take such steps as are reasonably practicable to inform—
i
the child's parents,
ii
every person who is not a parent of the child but has parental responsibility for him, and
iii
any other person with whom the child was residing immediately before being taken into service police protection,
of the steps that he has taken under this section with respect to the child, the reasons for taking them and the further steps that may be taken with respect to him under this Part of this Act.
4
On completing any inquiry under subsection (3)(e) the officer conducting it shall release the child from service police protection unless he considers that there is still reasonable cause for believing that the child would be likely to suffer significant harm if released.
5
No child may be kept in service police protection for more than 72 hours.
6
While a child is being kept in service police protection—
a
the appropriate service police officer shall do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child's welfare (having regard in particular to the length of the period during which the child will be kept in service police protection); but
b
neither he nor the service policeman who took the child into service police protection has any parental responsibility for him.
7
Where a child has been taken into service police protection, the appropriate service police officer shall allow—
a
the child's parents,
b
any person who is not a parent of the child but has parental responsibility for him,
c
any person with whom the child was residing immediately before he was taken into service police protection,
d
any person in whose favour a contact order is in force with respect to the child, and
e
any person acting on behalf of any of those persons,
to have such contact (if any) with the child as, in the opinion of the appropriate service police officer, is both reasonable and in the child's best interests.
8
In this section—
“authorised”, in relation to a service policeman, means authorised, by an authorising service police officer and in accordance with regulations, to exercise the power under subsection (1) in the case in question;
“an authorising service police officer”, and “the appropriate service police officer” have the meanings given by regulations;
“relevant child” means a child who falls within paragraph (a) or (b) of section 19(1) above;
“service policeman” has the same meaning as in the Armed Forces Act 1996.
23 Interpretation of Part III.
1
In this Part of this Act—
“accommodation ”
F64means any service hospital or other suitable place the occupier of which is willing temporarily to receive the child to whom a protection order relates,F64, in relation to a child to whom a protection order relates, means any service hospital or other suitable place the occupier of which is willing temporarily to receive the child, whether situated in the United Kingdom, the country or territory where the child resides or elsewhere;“assessment order ” has the meaning given by section 17 above;
“child ” means a person under the age of eighteen;
F65“civilian in a corresponding position” has the same meaning as in section 13 of theM25Armed Forces Act 1981;F65“civilian subject to service discipline” has the same meaning as in the Armed Forces Act 2006;“contact order ” has the meaning F15—
- (a)
except in relation to an order made in Scotland, given by section 8(1) of the M26Children Act 1989 F16or Article 8(1) of the Children (Northern Ireland) Order 1995 as the case may be; F17; and
- (b)
in relation to an order there made, given by section 11(2)(d) of the Children (Scotland) Act 1995.
- (a)
F66“exclusion requirement” has the meaning given by section 20A above;
F67“extension order ” has the meaning given by section 21(2) above;
“harm” and “significant harm” have the same meanings as in the Children Act 1989;
F68“officer having jurisdiction” and “superior officer” shall be construed in accordance with subsection (2) below;F68“judge advocate” has the same meaning as in the Armed Forces Act 2006;“parental responsibility ” F18—
- (a)
except in relation to Scotland, has the meaning given by section 3 of the Children Act 1989 F19or Article 6 of the Children (Northern Ireland) Order 1995F20; and
- (b)
in relation to Scotland, shall be construed as a reference to “parental responsibilities ” within the meaning given by section 1(3) of the Children (Scotland) Act 1995;
- (a)
“parents ” shall be construed in accordance with subsection (3) below;
“protection order ” has the meaning given by section 19 above;
“regulations ” means regulations F69(except in section 20A(8)) made by the Secretary of State by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament;
“the responsible person ”, in relation to a protection order, has the meaning given by section 20(1) above;
“service hospital ” means a military, air-force or naval unit or establishment or a ship at or in which medical or surgical treatment is provided for persons subject to service law; and
F70“service law” means military law, air-force law or the 1957 Act.F70“subject to service law” has the same meaning as in the Armed Forces Act 2006.
F711A
Section 164(2) and (3) of the Armed Forces Act 2006 apply in relation to section 18(8A) and 20(9A) of this Act.
2
F72Regulations may make provision for determining—
a
who, in relation to an assessment order or a protection order, is at any time the officer having jurisdiction for the purposes of any of the provisions of this Part of this Act; and
b
who, in relation to a protection order, is at any time a superior officer for the purposes of sections 21 and 22 above.
3
Any reference in this Part of this Act to the parents of a child shall be construed without regard to whether they are or have been married to each other at any time; and this subsection is without prejudice to—
a
b
any enactment or rule of law relating to adoption or legitimation.
4
Any power under this Part of this Act to make regulations may make different provision for different cases and for different purposes.
I20 Part IV Supplementary
Pt. IV: partly in force at 1.1.1992 see s. 27(2) and (3) and S.I. 1991/2719, art. 2
I1824 Application of Services Acts, including provisions of this Act, to Channel Islands and Isle of Man.
1
F74In section 216 of the M29Army Act 1955 and section 214 of the M30Air Force Act 1955 (application of those Acts to the Channel Islands and the Isle of Man) for subsection (1) there shall be substituted the following subsection—
1
This Act extends to the Channel Islands and the Isle of Man subject to the following provisions of this section and to such modifications as Her Majesty may by Order in Council specify; and, where any such modification refers to any law for the time being in force in any of the Channel Islands or the Isle of Man, the modification may be expressed to have effect for all purposes of this Act (and not only in the application of this Act to the Channel Islands or the Isle of Man, as the case may be).
2
F74In section 125 of the 1957 Act (application of that Act to the Channel Islands and the Isle of Man) for subsection (1) there shall be substituted the following subsection—
1
This Act extends to the Channel Islands and the Isle of Man subject to subsection (2) below and to such modifications as Her Majesty may by Order in Council specify; and, where any such modification refers to any law for the time being in force in any of the Channel Islands or the Isle of Man, the modification may be expressed to have effect for all purposes of this Act (and not only in the application of this Act to the Channel Islands or the Isle of Man, as the case may be).
3
F74Section 216(4) of the Army Act 1955, section 214(4) of the Air Force Act 1955 and section 125(3) of the 1957 Act (which contain specific modifications in relation to the Channel Islands and the Isle of Man) shall cease to have effect.
F734
Section 216 of the Army Act 1955 and section 214 of the Air Force Act 1955 shall each apply in relation to the provisions of section 10 and Part III of this Act as if those provisions were comprised in the Army Act 1955 or the Air Force Act 1955, as the case may require.
5
Section 125 of the 1957 Act shall apply in relation to the provisions of—
a
the M31Naval Forces (Enforcement of Maintenance Liabilities) Act 1947, and
b
section 10 and Part III of this Act,
as if those provisions were comprised in the 1957 Act.
F734
Section 384 of the Armed Forces Act 2006 applies in relation to Part 3 of this Act as it applies in relation to that Act.
25 The 1955 Acts and the 1957 Act.
I1926 Minor and consequential amendments and repeals.
1
Schedule 2 to this Act, which contains minor amendments and amendments consequential on the provisions of this Act, shall have effect.
2
The enactments specified in Schedule 3 to this Act, which include some that are spent, are hereby repealed to the extent specified in the third column of that Schedule.
27 Short title and commencement.
1
This Act may be cited as the Armed Forces Act 1991.
P12
Subject to subsection (4) below, Parts II and III of this Act, sections 24 and 26 above and Schedules 2 and 3 to this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be so appointed for different provisions and for different purposes.
P13
An order under subsection (2) above may contain such transitional provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with the provisions brought into force by the order.
4
The repeal by this Act of section 1 of the M33Armed Forces Act 1986 shall come into force on 1st January 1992.
SCHEDULES
SCHEDULE 1 Assessors of Compensation for Miscarriages of Justice
F271
A person may only be appointed to be an assessor for the purposes of section 10 of this Act if he is—
a
a person who has a 7 year general qualification, within the meaning of section 71 of the M34Courts and Legal Services Act 1990;
b
an advocate or solicitor in Scotland;
c
a member of the Bar of Northern Ireland or F80solicitor of the Court of Judicature of Northern Ireland of at least 7 years’ standing;
d
a person who holds or has held judicial office in any part of the United Kingdom; or
e
a member (whether the chairman or not) of the Criminal Injuries Compensation Board.
2
A person shall hold and vacate office as an assessor in accordance with the terms of his appointment.
3
A person shall vacate office as an assessor—
a
if he ceases to be qualified for appointment as an assessor, or
b
on attaining the age of 72,
unless the Secretary of State considers that it is in the interests of the efficient operation of section 10 of this Act that he should continue to hold office.
4
A person may at any time resign his office as an assessor by giving the Secretary of State notice in writing to that effect.
5
Subject to paragraph 6 below, the Secretary of State may at any time remove a person from office as an assessor if satisfied that—
a
he has been convicted of a criminal offence;
b
he has become bankrupt, has made an arrangement with his creditors, has had his estate sequestrated or has granted a trust deed for his creditors or a composition contract;
c
he is incapacitated by physical or mental illness; or
d
he is otherwise unable or unfit to perform his duties.
F266
1
The exercise of the power conferred by paragraph 5 is subject to the following provisions of this paragraph.
2
In the case of a person who qualifies for appointment under—
a
paragraph (1)(a), or
b
paragraph (1)(d) by virtue of holding or having held judicial office in England and Wales,
that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of England and Wales.
3
In the case of a person who qualifies for appointment under—
a
paragraph (1)(b), or
b
paragraph (1)(d) by virtue of holding or having held judicial office in Scotland,
that power shall only be exercisable with the consent of the Lord President of the Court of Session.
4
In the case of a person who qualifies for appointment under—
a
paragraph (1)(c), or
b
paragraph (1)(d) by virtue of holding or having held judicial office in Northern Ireland,
that power shall only be exercisable with the consent of the Lord Chancellor, which may only be given with the concurrence of the Lord Chief Justice of Northern Ireland.
7
An assessor shall be paid such remuneration and allowances as the Secretary of State may, with the approval of the Treasury, determine.
I31 SCHEDULE 2 Minor and Consequential Amendments
Sch. 2 wholly in force at 01.01.1992 see s. 27(2) and S.I. 1991/2719, art. 2
Removal of offender to United Kingdom before confirmation of sentence
I211
F76In section 71AA(2) of each of the 1955 Acts (young service offenders: custodial orders) and in section 127(2) of each of those Acts (country in which sentence of imprisonment or detention to be served) the words “after the confirmation of the sentence is completed ” shall be omitted.
Power to impose imprisonment for default in payment of fines
I222
F77In section 71B of each of the 1955 Acts and in section 43B of the 1957 Act (power to impose imprisonment for default in payment of fines), in subsection (2) (which refers to the Table in section 31(3A) of the Powers of Criminal Courts Act 1973) for the words from “from time to time ” to “the Magistrates’ Courts Act 1980 ” there shall be substituted “for the time being in force ”.
Evidence of child of tender years
F213
1
In section 93 of each of the 1955 Acts (administration of oaths)—
a
in the proviso to subsection (2) (which relates to the evidence of a child of tender years and the corroboration thereof) the words from “so however ” to the end of the proviso shall be omitted; and
b
after subsection (2) there shall be inserted the following subsection—
2A
Unsworn evidence admitted by virtue of the proviso to subsection (2) above may corroborate evidence (sworn or unsworn) given by any other person.
2
In section 60 of the 1957 Act (administration of oaths)—
a
the proviso to subsection (3) (which relates to the corroboration of evidence given by a child of tender years) shall be omitted; and
b
after that subsection there shall be inserted the following subsection—
3A
Unsworn evidence admitted by virtue of subsection (3) above may corroborate evidence (sworn or unsworn) given by any other person.
Rules of evidence
I234
F281
In section 99 of each of the 1955 Acts (rules of evidence), in subsection (1) after the words “subject to section 99A below ” there shall be inserted “to Schedule 13 to the Criminal Justice Act 1988 (evidence before courts-martial etc.) ”.
2
In the M35Armed Forces Act 1976, in Schedule 3 (Standing Civilian Courts), in paragraph 11 (rules of evidence) after the words “paragraph 12 below ” there shall be inserted “and to Schedule 13 to the Criminal Justice Act 1988 (evidence before courts-martial etc.) ”.
Finality of trials
I245
F281
Each of the 1955 Acts shall be amended in accordance with the following provisions of this paragraph.
2
In section 133 (jurisdiction of civil courts), in subsection (1) for the words “an offence substantially the same as that offence ” there shall be substituted “the same, or substantially the same offence ”.
3
In section 134 (persons not to be tried under those Acts for offences already disposed of), in subsection (1) for the words “that offence ” there shall be substituted “the same, or substantially the same offence ”.
Enactments requiring fiat of Attorney General etc. in connection with proceedings
I256
F281
In section 204A of each of the 1955 Acts (fiat of Attorney General etc. not required in connection with proceedings under the Act, other than subsections (1) and (3) of section 132) for the words “subsections (1) and (3) ” there shall be substituted “subsection (3A) ”.
2
In section 129A of the 1957 Act (fiat of Attorney General etc. not required in connection with proceedings under the Act, other than section 52(3)(b)) for the words “section 52(3)(b) ” there shall be substituted “section 52(3) ”.
Recognizance by parent or guardian on conviction of civilian under 17
I26C17
F28In Schedule 4A to the 1957 Act (powers of court on trial of civilian) in paragraph 14(1) (order requiring parent or guardian to enter into a recognizance in respect of person under 17 found guilty of an offence) for the amount specified as the maximum amount of the recognizance there shall be substituted “£1,000 ”.
Power of Courts-Martial Appeal Court to order retrial
I27C28
In section 19 of the M36Courts-Martial (Appeals) Act 1968 (power to authorise retrial in certain cases), in subsection (1) the words from “the appeal against conviction ” to “and ” shall be omitted.
Compensation orders
I289
F221
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F232
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F243
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In Schedule 7 to the Criminal Justice Act 1988 (compensation payable by Criminal Injuries Compensation Board), in paragraph 13 (reduction of compensation by reference to damages etc.) at the end of sub-paragraph (b) there shall be inserted—
or
c
any order under paragraph 11 (compensation orders) of Schedule 5A to the Army Act 1955, of Schedule 5A to the Air Force Act 1955 or of Schedule 4A to the Naval Discipline Act 1957; or
d
any award of stoppages under any of the Acts referred to in sub-paragraph (c) above
Powers of Standing Civilian Courts
I2910
Removal or amendment of spent or obsolete expressions
I3011
F791
In section 131 of each of the 1955 Acts (trial and punishment of service offences notwithstanding offender ceasing to be subject to military or air-force law), in subsection (1) the word “reconsideration ” shall be omitted.
2
In section 145 of each of the 1955 Acts (forfeiture of pay for absence from duty), in subsection (1), in paragraph (b)—
a
the words “corrective training, preventive detention ” shall be omitted; and
b
for the words from “an order or sentence ” to the end of the paragraph there shall be substituted—
i
an order or sentence of a civil court;
ii
a revocation of a licence under section 62 of the Criminal Justice Act 1967; or
iii
an order of recall under section 23 of the Prison Act (Northern Ireland) 1953.
3
In the 1957 Act, in section 129 (jurisdiction of civil courts), in subsection (2) the words “corrective training, preventive detention ” shall be omitted.
F254
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I32SCHEDULE 3 Enactments Repealed
Sch. 3 wholly in force; the repeal of s. 1 of the Armed Forces Act 1986 (c. 21, SIF 7:1) came into force at 01.01.1992, see s. 27(4); further provisions in force at 1.1.1992 by S.I. 1991/2719, art. 2, Sch.; the remaining provisions in force at 1.6.1996 by S.I. 1996/1173, art. 2 (with savings in art. 3)
Chapter | Short title | Extent of repeal |
---|---|---|
28 & 29 Vict. c. 73. | The Naval and Marine Pay and Pensions Act 1865. | Sections 4 and 5. |
10 & 11 Geo. 6 c. 24. | The Naval Forces (Enforcement of Maintenance Liabilities) Act 1947. | In section 1 subsections (3) and (5).Section 2. |
3 & 4 Eliz. 2 c. 18. | The Army Act 1955. | Section 71A(1B)(a).In section 71AA, in subsection (1) the words “subject to subsection (1A) below ”, subsection (1A) and in subsection (2) the words from “after ” to “completed ”.In section 93, in the proviso to subsection (2) the words from “so however ” onwards.In section 122(1) the words “this Part of ”.In section 127(2) the words from “after ” to “completed ”.In section 131(1) the word “reconsideration ”.In section 145(1)(b) the words “corrective training, preventive detention ”.In section 150, in subsection (1)(a) the words “or child ” and in subsection (5) the words “or child ”, in both places where they occur, and the paragraph beginning “references to a child ”.Section 216(4).In section 225(1), in the definition of “stoppages ” the words from “for any expense ” onwards.In Schedule 5A, in paragraph 2 the definition of “reception order ”, paragraphs 6 to 9, in paragraph 10(1A) the words from the beginning to “appropriate and ”, in paragraph 11(4) the words from “and no such order ” onwards and, in paragraph 15(3), in the third column of the Table paragraph 2. |
3 & 4 Eliz. 2 c. 19. | The Air Force Act 1955. | Section 71A(1B)(a).In section 71AA, in subsection (1) the words “subject to subsection (1A) below ”, subsection (1A) and in subsection (2) the words from “after ” to “completed ”.In section 93, in the proviso to subsection (2) the words from “so however ” onwards.In section 122(1) the words “this Part of ”.In section 127(2) the words from “after ” to “completed ”.In section 131(1) the word “reconsideration ”.In section 145(1)(b) the words “corrective training, preventive detention ”.In section 150, in subsection (1)(a) the words “or child ” and in subsection (5) the words “or child ”, in both places where they occur, and the paragraph beginning “references to a child ”.Section 214(4).In section 223(1), in the definition of “stoppages ” the words from “for any expense ” onwards.In Schedule 5A, in paragraph 2 the definition of “reception order ”, paragraphs 6 to 9, in paragraph 10(1A) the words from the beginning to “appropriate and ”, in paragraph 11(4) the words from “and no such order ” onwards and, in paragraph 15(3), in the third column of the Table paragraph 2. |
5 & 6 Eliz. 2 c. 53. | The Naval Discipline Act 1957. | Section 43A(1B)(a).In section 43AA, in subsection (1) the words “subject to subsection (1A) below ” and subsection (1A).In section 60 the proviso to subsection (3).Section 125(3).In section 129(2) the words “corrective training, preventive detention ”.In Schedule 4A, in paragraph 2 the definition of “reception order ”, paragraphs 6 to 9, in paragraph 10(1A) the words from the beginning to “appropriate and ”, in paragraph 11(4) the words from “and no such order ” onwards and, in paragraph 15(3), in the third column of the Table paragraph 2. |
1968 c. 20. | The Courts-Martial (Appeals) Act 1968. | In section 8(1A)(a), “6 ” and the words “reception orders ”.In section 19(1) the words from “the appeal against conviction ” to “and ”. |
1974 c. 53. | The Rehabilitation of Offenders Act 1974. | Section 5(5)(h). |
S.I. 1978/1908 (N.I. 27). | The Rehabilitation of Offenders (Northern Ireland) Order 1978. | Article 6(5)(d). |
1980 c. 9. | The Reserve Forces Act 1980. | In Schedule 6 paragraph 1(7A). |
1981 c. 55. | The Armed Forces Act 1981. | Section 14. |
1982 c. 14. | The Reserve Forces Act 1982. | In section 2 subsections (4) and (5). |
1986 c. 21. | The Armed Forces Act 1986. | Section 1. Section 13.In Schedule 1, in paragraph 12 sub-paragraphs (3) and (5). |
1989 c. 41. | The Children Act 1989. | In Schedule 12 paragraphs 8, 10 and 18.In Schedule 14 paragraph 15(1)(b) and, in paragraph 16, in sub-paragraph (1) the words “or (b) ”, sub-paragraph (2)(b) and the word “or ” immediately preceding it and sub-paragraph (3). |
Act partly in force at Royal Assent and partly in force at 01.01.1992 see s.27