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Armed Forces Bill

I am grateful to the noble Lord for his positive comments on the Explanatory Notes, and I echo the sentiments he expressed about the work done by the Bill team. I am sure that the noble Lord will not be surprised that I cannot support Amendment No. 204 although it proposes inserting only one small word. It would prevent transitory arrangements being available to the services in respect of custodial sentences for persons over 18 but under 21 years of age. The sentencing provisions of the Bill have been drafted in the anticipation that the various changes in the civilian criminal justice system, introduced by earlier Acts of Parliament, will have been commenced by the time the Bill comes into force. In particular, it is anticipated that Section 61 of the Criminal Justice and Court Services Act 2000 will have been commenced. That section abolishes sentences of detention in young offender institutions and sentences of custody for life. It also prohibits a court sentencing a person who is aged at least 18 but under 21 years of age to detention under Section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 for certain matters, such as default of payment of a fine or contempt, or making an order fixing a term of detention under that provision. However, if Section 61 of the Criminal Justice and Court Services Act 2000 has not been commenced, we will need to provide for the service system to reflect the current civilian system and to align with Section 108 of the Powers of the Criminal Courts (Sentencing) Act. This amendment would not allow us to make that provision, and the services sentencing regime would therefore be at odds with its civilian counterpart.