---

Armed Forces Bill

moved Amendment No. 203A: Page 258, line 16, at end insert- ““Army Act 1955 (3 & 4 Eliz. 2 c. 18) 19A After section 91 of the Army Act 1955 insert- ““Preliminary hearings as to plea 91A Preliminary hearings as to plea (1) Subsections (2) to (4) apply in relation to a charge against a person (““the accused””) preferred by the prosecuting authority. (2) The accused shall be arraigned at a hearing before a judge advocate. (3) That hearing may take place at any time before the time when the court-martial that is to try the charge first sits. (4) The arraignment is to be treated as having occurred before the court-martial. (5) Rules under section 103 may make provision for and in connection with the making of orders and rulings by a judge advocate at a hearing at which the accused is arraigned, including in particular- (a) provision corresponding to any provision of, or that may be made by virtue of, sections 31, 33, 34 and 37 of the Criminal Procedure and Investigations Act 1996, subject to such modifications as the Secretary of State considers appropriate; (b) provision for the variation or discharge of such orders and rulings. (6) The reference in subsection (1) to a charge preferred by the prosecuting authority includes- (a) a charge substituted by the prosecuting authority; and (b) where a charge is amended by the prosecuting authority before the accused is arraigned in respect of it, the charge as so amended. (7) Nothing in this section applies in relation to a charge preferred or substituted after the time when the court-martial first sits.”” 19B (1) Section 103 of that Act (rules) is amended as follows. (2) In subsection (2)- (a) after paragraph (b) insert- ““(ba) appeals against orders or rulings made in preliminary proceedings;””; (b) after paragraph (mm) insert- ““(mn) appeals against any orders (including directions) of courts-martial prohibiting or restricting the publication of any matter or excluding the public from any proceedings;””. (3) After subsection (2) insert- ““(2A) In subsection (2)(a), (b) and (ba), the references to proceedings preliminary to trials include hearings at which the accused is arraigned. (2B) Rules made by virtue of subsection (2)(ba) or (mn) may confer jurisdiction on the Courts-Martial Appeal Court, and rules under section 49 of the Courts-Martial (Appeals) Act 1968 may make provision about the powers of that court in relation to appeals made by virtue of subsection (2)(ba) or (mn).”” 19C In section 120 of that Act (suspension of sentences), after subsection (7) insert- ““(7A) Subsection (5) does not apply if the person was tried by court-martial for the fresh offence in pursuance of an election for court-martial trial.”” Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) 19D After section 91 of the Air Force Act 1955 insert- ““Preliminary hearings as to plea 91A Preliminary hearings as to plea (1) Subsections (2) to (4) apply in relation to a charge against a person (““the accused””) preferred by the prosecuting authority. (2) The accused shall be arraigned at a hearing before a judge advocate. (3) That hearing may take place at any time before the time when the court-martial that is to try the charge first sits. (4) The arraignment is to be treated as having occurred before the court-martial. (5) Rules under section 103 may make provision for and in connection with the making of orders and rulings by a judge advocate at a hearing at which the accused is arraigned, including in particular- (a) provision corresponding to any provision of, or that may be made by virtue of, sections 31, 33, 34 and 37 of the Criminal Procedure and Investigations Act 1996, subject to such modifications as the Secretary of State considers appropriate; (b) provision for the variation or discharge of such orders and rulings. (6) The reference in subsection (1) to a charge preferred by the prosecuting authority includes- (a) a charge substituted by the prosecuting authority; and (b) where a charge is amended by the prosecuting authority before the accused is arraigned in respect of it, the charge as so amended. (7) Nothing in this section applies in relation to a charge preferred or substituted after the time when the court-martial first sits.”” 19E (1) Section 103 of that Act (rules) is amended as follows. (2) In subsection (2)- (a) after paragraph (b) insert- ““(ba) appeals against orders or rulings made in preliminary proceedings;””; (b) after paragraph (mm) insert- ““(mn) appeals against any orders (including directions) of courts-martial prohibiting or restricting the publication of any matter or excluding the public from any proceedings;””. (3) After subsection (2) insert- ““(2A) In subsection (2)(a), (b) and (ba), the references to proceedings preliminary to trials include hearings at which the accused is arraigned. (2B) Rules made by virtue of subsection (2)(ba) or (mn) may confer jurisdiction on the Courts-Martial Appeal Court, and rules under section 49 of the Courts-Martial (Appeals) Act 1968 may make provision about the powers of that court in relation to appeals made by virtue of subsection (2)(ba) or (mn).”” 19F In section 120 of that Act (suspension of sentences), after subsection (7) insert- ““(7A) Subsection (5) does not apply if the person was tried by court-martial for the fresh offence in pursuance of an election for court-martial trial.”” Naval Discipline Act 1957 (c. 53) 19G In section 47M of the Naval Discipline Act 1957 (judicial officers), for ““Judge Advocate of Her Majesty's Fleet””, in both places, substitute ““Judge Advocate General””. 19H In section 52C(4) of that Act (powers of higher authority), for ““of the accused”” substitute ““or appropriate superior authority””. 19I (1) Section 52D of that Act (summary trial) is amended as follows. (2) For subsections (2) and (2ZA) substitute- ““(2) The commanding officer or appropriate superior authority (as the case may be) shall afford the accused the opportunity of electing court-martial trial.”” (3) In subsection (4) for paragraph (b) substitute- ““(b) if the accused is an officer below the rank of captain whose commanding officer satisfies the conditions in section 52B(6A)(a) and (b), refer the charge back to the commanding officer of the accused; (c) if the accused is an officer other than one within paragraph (b) above, refer the charge back to the appropriate superior authority;””. (4) In subsection (4A) for ““Subsections (2) and (2ZA) above do not”” substitute ““Subsection (2) above does not””. (5) In subsection (4C) for ““subsection (2) or (2ZA) above”” substitute ““subsection (2) above””. 19J In section 52FG(1) of that Act (judge advocates of the summary appeal court), for ““Judge Advocate of Her Majesty's Fleet”” substitute ““Judge Advocate General””. 19K In section 52FJ(3) of that Act (constitution of summary appeal court), for ““Judge Advocate of Her Majesty's Fleet”” substitute ““Judge Advocate General””. 19L In section 53B(1) of that Act (judge advocate of a court-martial), for ““Judge Advocate of Her Majesty's Fleet”” substitute ““Judge Advocate General””. 19M In section 53C(2) of that Act (ordering of courts martial), for ““Judge Advocate of Her Majesty's Fleet”” substitute ““Judge Advocate General””. 19N (1) Section 58 of that Act (rules) is amended as follows. (2) In subsection (2)- (a) after paragraph (b) insert- ““(ba) appeals against orders or rulings made in preliminary proceedings;””; (b) after paragraph (nn) insert- ““(no) appeals against any orders (including directions) of courts-martial prohibiting or restricting the publication of any matter or excluding the public from any proceedings;””. (3) After subsection (2) insert- ““(2A) In subsection (2)(a), (b) and (ba), the references to proceedings preliminary to trials include hearings at which the accused is arraigned. (2B) Rules made by virtue of subsection (2)(ba) or (no) may confer jurisdiction on the Courts-Martial Appeal Court, and rules under section 49 of the Courts-Martial (Appeals) Act 1968 may make provision about the powers of that court in relation to appeals made by virtue of subsection (2)(ba) or (no).”” 19O After section 58 of that Act insert- ““58A Preliminary hearings as to plea (1) Subsections (2) to (4) apply in relation to a charge against a person (““the accused””) preferred by the prosecuting authority. (2) The accused shall be arraigned at a hearing before a judge advocate. (3) That hearing may take place at any time before the time when the court-martial that is to try the charge first sits. (4) The arraignment is to be treated as having occurred before the court-martial. (5) Rules under section 58 may make provision for and in connection with the making of orders and rulings by a judge advocate at a hearing at which the accused is arraigned, including in particular- (a) provision corresponding to any provision of, or that may be made by virtue of, sections 31, 33, 34 and 37 of the Criminal Procedure and Investigations Act 1996, subject to such modifications as the Secretary of State considers appropriate; (b) provision for the variation or discharge of such orders and rulings. (6) The reference in subsection (1) to a charge preferred by the prosecuting authority includes- (a) a charge substituted by the prosecuting authority; and (b) where a charge is amended by the prosecuting authority before the accused is arraigned in respect of it, the charge as so amended. (7) Nothing in this section applies in relation to a charge preferred or substituted after the time when the court-martial first sits.”” 19P In section 59(4A) of that Act (challenge by accused), for ““Judge Advocate of Her Majesty's Fleet”” substitute ““Judge Advocate General””. 19Q In section 63A(5)(b) of that Act (powers to deal with person unfit to stand trial etc), for ““Judge Advocate of Her Majesty's Fleet”” substitute ““Judge Advocate General””. 19R In section 64 of that Act (summoning of witnesses)- (a) omit subsection (1); (b) in subsection (2) for ““notice under this section”” substitute ““summons issued in accordance with rules under section 58””. 19S In section 73 of that Act (saving for functions of JAF), including in the sidenote to that section, for ““Judge Advocate of Her Majesty's Fleet”” substitute ““Judge Advocate General””.”” The noble Lord said: As noble Lords will be aware, and as we have discussed at the briefings, the implementation of this Bill will be a huge task. It is not one that we undertake lightly, and it is one that the department has put a little thought into. We are determined to ensure that the transition to this Bill from the current to the new military criminal justice system will be as smooth as possible. To that end, we have sought to identify areas where the current systems under the service discipline Acts may be suitable for early change. We want to avoid on the one hand a single step implementation, which might for certain key stakeholders be unmanageable and, on the other hand, to have a period of constant change leading up to full implementation. But of course where the Bill would introduce improvements to the operation of the military criminal justice system and can be introduced early, we should take the opportunity to do so. Amendments Nos. 203A to 203C introduce a carefully developed package of alignment measures designed to move the current system closer to the post-Bill system to make an important start to this process. These measures will allow us to bring early and significant improvements to current practices in the relatively short term. I shall be happy to go into detail if noble Lords wish it. Perhaps I can draw attention to just a couple of the provisions. First, we are introducing a power to arraign an accused before a judge advocate sitting alone, and for the judge advocate to make preliminary rulings, including the taking of binding pleas. We are confident that this will help streamline procedures, thereby reducing delay. Secondly, it amends the Naval Discipline Act 1957 to provide for the Judge Advocate General to subsume all of the functions of the Judge Advocate of the Fleet before full implementation of the Bill. Noble Lords will know that the post of the Judge Advocate of the Fleet, which has existed since 1663 and has served the Royal Navy so very well, is to lapse. His Honour Judge John Sessions, who will have been Judge Advocate of the Fleet since 1995, will therefore be the last Judge Advocate of the Fleet. I am sure noble Lords will wish to thank Judge Sessions for his excellent support to the Royal Navy which has maintained the highest tradition of service set by all of his illustrious predecessors. Amendment No. 203D to Schedule 17 simply adds those parts of the service discipline Acts amended by Schedule 16 to the primary and secondary legislation which is repealed or revoked by the Bill. The power created by Amendment No. 205 will permit us to continue to identify opportunities for alignment. We will use it in a structured way and where two tests are met: first, the services should consider whether there is, in their view, a strong business case for any aligning step; secondly, whether the step they propose is feasible to introduce, taking into account the drafting load within the overall implementation programme. Any extra work cannot prejudice full implementation. We will focus, in particular, on steps which will bring benefits to the efficiency and fairness of the military criminal justice system, and which will particularly benefit the key stakeholders in it: commanding officers, discipline staff and the service police. I remind your Lordships that orders made under the alignment power will require the affirmative resolution procedure. In view of this explanation, I hope that noble Lords will support these amendments. I beg to move.