Proceeding contribution from Lord Drayson (Labour) in the House of Lords on Thursday, 12 October 2006. It occurred during Committee of the Whole House (HL) and Debate on bill on Armed Forces Bill.
Armed Forces Bill
moved Amendment No. 159: After Clause 290, insert the following new clause- ““COMMENCEMENT OF SUSPENDED SENTENCE ACTIVATED BY CO (1) This section applies where an officer makes an order (““the activation order””) under section 192(3) (activation of suspended award of service detention). (2) If the activation order does not provide that the suspended sentence shall take effect from the end of another sentence, section 289(2) to (8) apply, but with the following modifications- (a) the reference in subsection (2) to the time of the award is to be read as to the time when the activation order is made; (b) the reference in subsection (2) to the day on which the award is made is to be read as to the day on which the activation order is made; (c) any other reference to ““the award”” in subsections (2) to (7) is to the award of service detention to which the activation order relates (with any modification of its term made by the activation order); (d) the reference in subsection (7) to an appeal is to an appeal against the activation order; and (e) in subsection (8)- (i) the reference to the award is to be read as to the activation order; and (ii) the reference to another punishment is to be read as to another order under section 192(3). (3) If the activation order provides that the suspended sentence shall take effect from the end of another sentence (““the initial sentence””), section 290(2) to (9) apply, but with the following modifications- (a) the reference in subsection (2) to the time of the award is to be read as to the time when the activation order is made; (b) any reference to ““the initial sentence”” is to the initial sentence as defined by this subsection; (c) any reference to ““the award”” in subsections (4) to (7) is to the award of service detention to which the activation order relates (with any modification of its term made by the activation order); (d) the reference in subsection (8) to the award mentioned in section 290(1)(a) is to be read as to the activation order; and (e) in subsection (9)- (i) the reference to the award is to be read as to the activation order; and (ii) the reference to another punishment is to be read as to another order under section 192(3).”” On Question, amendment agreed to. Clause 291 agreed to. Clause 292 [Rank or rate of WOs and NCOs while in custody pursuant to custodial sentence etc]: [Amendment No. 160 not moved.] Clause 292 agreed to. Clause 293 [Effect of sentence of dismissal]: [Amendment No. 161 not moved.] Clause 293 agreed to. Clause 294 [Service detention]: [Amendment No. 162 not moved.] Clause 294 agreed to. Clauses 295 to 305 agreed to. Clause 306 [Sections 303 and 304: supplementary]:
Secondary information
- Type
- Proceeding contribution
- Reference
- 685 c388-9
- Session
- 2005-06
- Chamber / Committee
- House of Lords chamber
- Subjects
- Complaints Disciplinary proceedings Children Compensation Armed forces Death Convictions Aircraft Courts martial Desertion Coroners Employment Equality Drugs Harassment Judges International law Qualifications Powers Membership Prosecutions Misuse Staff Officers Prerogative of mercy Miscarriages of justice Military law Military aircraft Sentencing Young people Reserve forces Testing Rules of procedure World War I Time limits Trial in camera
- Legislation
- Armed Forces Bill 2005-06
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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