Statement by the Slovak EU Presidency on the World and European Day against the Death Penalty, observed on 10 October 2016
The 1955 Acts and the 1957 Act shall, instead of expiring on 31st December 1991, continue in force until 31st August 1992, and shall then expire unless continued in force in accordance with the following provisions of this section.
Subject to subsection (3) below, Her Majesty may from time to time by Order in Council provide for the 1955 Acts and the 1957 Act to continue in force for a period not exceeding twelve months beyond the day on which they would otherwise expire.
No Order in Council shall be made under subsection (2) above so as to continue the 1955 Acts and the 1957 Act beyond the end of the year 1996.
No recommendation shall be made to Her Majesty in Council to make an Order under subsection (2) above unless a draft thereof has been laid before Parliament and approved by a resolution of each House of Parliament.
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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.
In subsection (1B)—
after the words “imprisonment for life” there shall be inserted “then, subject to subsection (1E) below”; and
paragraph (a) shall be omitted.
After subsection (1C) there shall be inserted the following subsections—
In subsection (4)—
for the words “A person under 17 years of age” there shall be substituted In any case where—;
and, in either case, the court
after the word “suitable” there shall be inserted “the court may sentence that person”.
After subsection (6) there shall be inserted the following subsection—
The modifications of the amendments in subsections (2) to (5) above in their application to section 43A of the 1957 Act are—
for “section 71AA”, in each place where it occurs in the amendment in subsection (3) above, there shall be substituted “section 43AA”;
for “Schedule 5A” in the amendment in subsection (3) above there shall be substituted “Schedule 4A”; and
for “section 71(1)(e)” in the amendment in subsection (5) above there shall be substituted “section 43(1)(e)”.
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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 and after the words “period to be specified in the order” there shall be inserted “being not less than 21 days and”.
Subsection (1A) of each of those sections shall be omitted.
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”.
In the application of subsection (3) above to section 43AA of the 1957 Act, for “section 71A” there shall be substituted “section 43A”.
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After section 71AA of each of the 1955 Acts there shall be inserted the following section—
After section 43AA of the 1957 Act there shall be inserted the following section—
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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.
Subject to subsection (9) below, in sub-paragraph (1)—
for the words “subsection (1A) below” there shall be substituted “sub-paragraphs (1A) and (1AA) below”; and
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—.
In sub-paragraph (1A) the words from the beginning to “appropriate and” shall be omitted.
After sub-paragraph (1A) there shall be inserted the following sub-paragraphs—
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”.
Where the court makes a custodial order it shall be its duty— 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.
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. 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.
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”.
In the application of subsection (2) above to paragraph 10 of Schedule 4A to the 1957 Act, for paragraph (b) there shall be substituted—
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”.
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in paragraph 2 the definition of “reception order”;
paragraphs 6 to 9; and
in paragraph 15(3), in the third column of the Table, paragraph 2.
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In section 71 of each of the 1955 Acts (scale of punishments and supplementary provisions)—
in subsection (1), in paragraph (k) after the word “expense” there shall be inserted “personal injury”; and
after subsection (5) there shall be inserted the following subsections—
In section 225 of the Army Act 1955 and section 223 of the Air Force Act 1955 (general provisions as to interpretation) in subsection (1) in the definition of “stoppages” the words from “for any expense” onwards shall be omitted.
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In section 43 of the 1957 Act (scale of punishments and supplementary provisions)—
in subsection (1), in paragraph (l) after the word “expense”, in both places where it occurs, there shall be inserted “personal injury”; and
after subsection (6) there shall be inserted the following subsections—
In section 49 of the 1957 Act (summary trial), after subsection (5) there shall be inserted the following subsection—
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In the following enactments relating to the powers of a court on the trial of a civilian— paragraph 11 (compensation orders) shall be amended in accordance with the following provisions of this section.
Schedule 5A to each of the 1955 Acts, and
Schedule 4A to the 1957 Act,
In sub-paragraph (1) for the words “loss or damage, other than personal injury” there shall be substituted “personal injury, loss or damage”.
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.
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— 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. For the purposes of sub-paragraph (4A) above, a person is not uninsured in relation to the use of a vehicle if—
Where the court considers— the court shall give preference to compensation (though it may impose a fine as well).
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.
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Subject to subsection (2) below, when— 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.
a person has been convicted by a court-martial, and
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,
No payment of compensation under this section shall be made unless an application for such compensation has been made to the Secretary of State.
The question whether there is a right to compensation under this section shall be determined by the Secretary of State.
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.
In this section “reversed” shall be construed as referring to a conviction having been quashed—
on an appeal out of time; or
on a reference under section 34 of the Courts-Martial (Appeals) Act 1968.
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.
Schedule 1 to this Act shall have effect.
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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”.
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”.
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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—
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”.
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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.
The paragraphs set out in subsection (1) above shall also be inserted in the first and second columns of Schedule 3 to the Air 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”.
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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.
In subsection (1), in paragraph (a) the words “or child” shall be omitted and after that paragraph there shall be inserted the following paragraph—.
After subsection (1) there shall be inserted the following subsection—
In subsection (5)—
in the paragraph beginning “references to a wife” the words “or child”, in both places where they occur, shall be omitted; and
the paragraph beginning “references to a child” shall be omitted.
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—
The amendments made by the preceding provisions of this section do not affect the operation,—
in England and Wales, of section 1 of the Family Law Reform Act 1987; or
in Scotland, of section 1 of the Law Reform (Parent and Child) (Scotland) Act 1986.
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In the Naval 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.
In subsection (1)—
for paragraph (a) there shall be substituted the following paragraphs—;
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
after paragraph (b) there shall be added the following paragraph—
After subsection (2) there shall be inserted the following subsections—
Subsections (3) and (5) shall be omitted.
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—.
After subsection (5) of section 101 of the 1957 Act there shall be inserted the following subsections—
The amendments made by the preceding provisions of this section do not affect the operation,—
in England and Wales, of section 1 of the Family Law Reform Act 1987; or
in Scotland, of section 1 of the Law Reform (Parent and Child) (Scotland) Act 1986.
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In section 2 of the Naval Pensions Act 1884 (application of 1865 Act etc. to Greenwich Hospital pensions) after the words “Act 1865 ”, in the second place where they occur, there shall be inserted “or section 128G of the Naval Discipline Act 1957 ”.
In section 59(3) of the Reserve Forces Act 1980 (which applies sections 3 and 5 of the Naval and Marine Pay and Pensions Act 1865 in relation to pay, bounty and allowances payable as mentioned in that provision)—
for the words “Sections 3 and 5 ” there shall be substituted “Section 3 ”; and
after “1865 ” there shall be inserted “and section 128G of the Naval Discipline Act 1957 ”.
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—
resides outside the British Islands with the family of a person subject to service law serving in a country or territory outside the British Islands or of a civilian subject to service discipline, or
is staying (for however short a time) outside the British Islands with such a family.
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.
On an application made with respect to a child by a person authorised in that behalf by regulations, a judge advocate may make an assessment order with respect to the child if, but only if, he is satisfied that—
the applicant has reasonable cause to suspect that the child is suffering, or is likely to suffer, significant harm;
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
it is unlikely that such an assessment will be made, or be satisfactory, in the absence of an assessment order.
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—
the child;
his parents;
any other person who has parental responsibility for him;
any other person caring for the child or with whom the child is residing immediately before the making of the application;
any person who is named in a child arrangements order as a person with whom the child is to live, spend time or otherwise have contact;
any person in whose favour a contact order is in force with respect to the child; and
any person in whose favour an order under section 51A of the Adoption and Children Act 2002 (post-adoption contact) is in force with respect to the child;
“the responsible person ”, in relation to a protection order, has the meaning given by section 20(1) above;
An assessment order shall not be made with respect to any child if the judge advocate to whom the application is made is satisfied— and a judge advocate to whom an application for an assessment order is made may treat the application as an application for a protection order.
that there are grounds for making a protection order with respect to the child; and
that he ought to make such an order rather than an assessment order;
Regulations may make provision with respect to the procedure to be followed on and in connection with the making of an assessment order.
An assessment order shall—
specify the date by which the assessment is to begin; and
have effect for such period, not exceeding seven days beginning with that date, as may be specified in the order.
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—
to produce him to such person as may be named in the order; and
to comply with such directions relating to the assessment of the child as the judge advocate making the order considers appropriate to include in the order.
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.
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.
The child to whom an assessment order relates may only be kept away from home—
in accordance with directions included in the order; and
if it is necessary for the purposes of the assessment; and
for such period or periods as may be specified in the order.
Where the child to whom an assessment order relates is to be kept away from home, the order shall contain such directions as the judge advocate making it considers appropriate with regard to the contact that the child must be allowed to have with other persons while away from home.
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—
the child to whom the order relates;
a parent of his;
any other person who has parental responsibility for him;
any other person caring for the child or with whom the child was residing immediately before the making of the application;
any person who is named in a child arrangements order as a person with whom the child is to live, spend time or otherwise have contact;
any person in whose favour a contact order is in force with respect to the child; or
any person in whose favour an order under section 51A of the Adoption and Children Act 2002 (post-adoption contact) is in force with respect to the child;
any person who is allowed to have contact with the child by virtue of an order —
under section 34 of the Children Act 1989 or Article 53 of the Children (Northern Ireland) Order 1995 ; or
under section 88 of the Children (Scotland) Act 1995
A person subject to service law , or a civilian subject to service discipline, commits an offence if he intentionally obstructs any person exercising a power conferred ... by virtue of the making of an assessment order ....
A person guilty of an offence under this section is liable to any punishment mentioned in rows 5 to 14 of the Table in section 164 of the Armed Forces Act 2006.
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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;
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;
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.
Any power conferred by this section to give directions shall be exercisable subject to, and in accordance with, any provision made by regulations.
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 14 were to rows 2 to 9.
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 14 were to rows 5 to 12.
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—
resides outside the British Islands with the family of a person subject to service law serving in a country or territory outside the British Islands or of a civilian subject to service discipline, or
is staying (for however short a time) outside the British Islands with such a family.
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.
On an application made by any person with respect to a child, a judge advocate may make a protection order with respect to the child if, but only if, he is satisfied that—
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
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
in the case of an application made by a designated person—
the applicant has reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm;
the applicant is making enquiries with respect to the child’s welfare; and
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.
No protection order shall be made without affording— an opportunity to make representations to the judge advocate to whom the application for the order is made, except where it appears to that judge 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.
the child to whom it is proposed that the order should relate,
his parents,
any other person who has parental responsibility for him, and
any other person with whom he was residing immediately before the making of the application for the order,
Any person— shall, on being asked to do so, produce some duly authenticated document as evidence that he is such a person.
seeking access to a child in connection with enquiries of a kind mentioned in subsection (3)(c) above, and
purporting to be a designated person or a person authorised by a designated person to seek such access,
Regulations may—
prescribe the descriptions of persons who for the purposes of this section are designated persons; and
make provision with respect to the procedure to be followed on and in connection with the making of protection orders.
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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.
Where a protection order is in force with respect to a child—
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
the order authorises—
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
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.
Where a protection order is in force with respect to a child, the responsible person—
shall only exercise a power given by virtue of subsection (2)(b) above in order to safeguard the welfare of the child;
shall comply with the requirements of any regulations made for the purposes of this subsection; and
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).
The judge 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— 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.
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;
any contact which is, or is not, to be allowed between the child and any named person; and
any medical or psychiatric examination or other assessment of the child which is, or is not, to be carried out;
Where a protection order is in force with respect to a child and— he shall return the child or (as the case may be) allow him to be removed.
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
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,
Where he is required by subsection (5) above to return the child, the responsible person shall—
return him to the care of the person from whose care he was removed; or
if that is not reasonably practicable, return him to the care of—
a parent of his;
any person who is not a parent of his but who has parental responsibility for him; or
such other person as the responsible person (with the agreement of a judge advocate) considers appropriate.
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.
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—
his parents;
any other person who has parental responsibility for him;
any other person with whom he was residing immediately before the making of the application for the order;
any person who is named in a child arrangements order as a person with whom the child is to live, spend time or otherwise have contact;
any person in whose favour a contact order is in force with respect to him;
any person in whose favour an order under section 51A of the Adoption and Children Act 2002 (post-adoption contact) is in force with respect to the child;
any person who is allowed to have contact with the child by virtue of an order under section 34 of the Children Act 1989 or Article 53 of the Children (Northern Ireland) Order 1995; and
any person acting on behalf of any of those persons.
A person subject to service law, or a civilian subject to service discipline, commits an offence if he—
intentionally obstructs any person exercising the power under subsection (2)(b) above to remove, or prevent the removal of, a child; or
intentionally fails to comply with an exclusion requirement included in a protection order by virtue of section 20A below.
Any offence under subsection (9) above shall be treated,—
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;
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;
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.
A person guilty of an offence under this section is liable to any punishment mentioned in rows 5 to 14 of the Table in section 164 of the Armed Forces Act 2006.
Any directions given under subsection (4) above shall be set out in the protection order, and—
the power to give such directions shall be exercisable subject to, and in accordance with, any provision made by regulations; and
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.
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 14 were to rows 2 to 9.
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 14 were to rows 5 to 12.
Where— the judge advocate may include an exclusion requirement in the protection order.
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
conditions A, B and C are satisfied,
An exclusion requirement is any one or more of the following—
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;
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;
a provision excluding such a person from a defined area in which relevant premises in which the child lives are situated.
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—
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);
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.
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—
is able and willing to give to the child the care which it would be reasonable to expect a parent to give him; and
consents to the inclusion of the exclusion requirement.
Condition C is that the judge advocate is satisfied—
that, throughout the duration of the requirement, alternative accommodation which the judge advocate considers appropriate will be available to the relevant person; and
where the relevant person is subject to service law, that the relevant person's commanding officer also considers that that accommodation is appropriate.
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.
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.
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.
A protection order shall specify the period for which it is to have effect, which must be a period of not more than 28 days beginning with the date of the order.
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
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.
Where a protection order has been made with respect to a child and it appears at any time to a judge advocate— the judge advocate may by an order (in this Part of this Act referred to as an “extension order ”) continue the effect of the protection order until a time no later after the making of the protection order than the end of that maximum period.
that the period for which the order is to have effect is less than the maximum period permitted by subsection (1) above; and
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,
No extension order shall be made without affording— an opportunity to make representations to the judge advocate by whom the case is being considered, except where it appears to that judge 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.
the child to whom the protection order relates,
his parents,
any other person who has parental responsibility for him, and
any other person with whom he was residing immediately before the making of the application for the protection order,
Where a child is removed under a protection order to accommodation in the United Kingdom—
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
the powers conferred by the Children Act 1989, the Children’s Hearings (Scotland) Act 2011 and the Children (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.
Without prejudice to the power to vary or revoke any direction previously given under subsection (4) of section 20 above, a judge advocate making an extension order may exercise the power to give such directions and subsection (11) of that section shall have effect accordingly.
Subsections (2) to (4) below apply in relation to a protection order in any case where—
the order as originally made has effect for a period exceeding eight days; or
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.
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,— then, subject to subsection (3) below, on the day immediately following the end of that six-day period a judge advocate shall carry out a review of the protection order in accordance with subsection (4) below.
no extension order is made continuing the effect of the protection order, and
no review of the protection order is carried out in accordance with subsection (4) below,
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—
the order ceases to have effect at the end of that period or on that following day; or
on that following day an extension order is made continuing the effect of the protection order.
A judge advocate carrying out a review of a protection order shall consider whether, if the order were discharged and— 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.
if the child were returned by the responsible person, or
(where the power under section 20(2)(b)(i) has been exercised) if the child were returned by the responsible person, or
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,
(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,
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— then, in such circumstances and subject to such conditions as may be prescribed by regulations, a judge advocate may discharge the order.
the responsible person,
the child to whom the order relates,
a parent of his,
any other person who has parental responsibility for him, or
any other person with whom he was residing immediately before the making of the application for the order,
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.
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).
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 judge 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.
In this Part of this Act—
“service law” means military law, air-force law or the 1957 Act.
“regulations” means regulations made by the Secretary of State by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament;
“regulations ” means regulations (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;
“accommodation ” , 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;
“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
“child arrangements order” has the meaning given by section 8(1) of the Children Act 1989;
“the 1957 Act” means the Naval Discipline Act 1957.
“subject to service law” has the same meaning as in the Armed Forces Act 2006.
Section 164(2) and (3) of the Armed Forces Act 2006 apply in relation to section 18(8A) and 20(9A) of this Act.
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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
who, in relation to a protection order, is at any time a superior officer for the purposes of sections 21 and 22 above.
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—
the operation of section 1 of the Family Law Reform Act 1987 as part of the law of England and Wales or section 1 of the Law Reform (Parent and Child) (Scotland) Act 1986 as part of the law of Scotland; and
any enactment or rule of law relating to adoption or legitimation.
Any power under this Part of this Act to make regulations may make different provision for different cases and for different purposes.
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—
remove the child to suitable accommodation and keep him there; or
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.
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.
As soon as is reasonably practicable after taking a child into service police protection, the service policeman concerned shall—
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;
give details to the appropriate service police officer of the place at which the child is being accommodated;
inform the child (if he appears capable of understanding)—
of the steps that have been taken with respect to him under this section and of the reasons for taking them; and
of the further steps that may be taken with respect to him under this Part of this Act;
take such steps as are reasonably practicable to discover the wishes and feelings of the child;
secure that the case is inquired into by the appropriate service police officer;
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);
take such steps as are reasonably practicable to inform— 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.
the child's parents,
every person who is not a parent of the child but has parental responsibility for him, and
any other person with whom the child was residing immediately before being taken into service police protection,
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.
No child may be kept in service police protection for more than 72 hours.
While a child is being kept in service police protection—
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
neither he nor the service policeman who took the child into service police protection has any parental responsibility for him.
Where a child has been taken into service police protection, the appropriate service police officer shall allow— 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.
the child's parents,
any person who is not a parent of the child but has parental responsibility for him,
any person with whom the child was residing immediately before he was taken into service police protection,
any person who is named in a child arrangements order as a person with whom the child is to live, spend time or otherwise have contact,
any person in whose favour an order under section 51A of the Adoption and Children Act 2002 (post-adoption contact) is in force with respect to the child,
any person in whose favour a contact order is in force with respect to the child, and
any person acting on behalf of any of those persons,
In this section—
“an authorising service police officer”, and “the appropriate service police officer” have the meanings given by regulations;
“extension order ” has the meaning given by section 21(2) above;
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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.
Section 125 of the 1957 Act shall apply in relation to the provisions of— as if those provisions were comprised in the 1957 Act.
the Naval Forces (Enforcement of Maintenance Liabilities) Act 1947, and
section 10 and Part III of this Act,
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under section 34 of the Children Act 1989 or Article 53 of the Children (Northern Ireland) Order 1995; or.
under section 88 of the Children (Scotland) Act 1995
Schedule 2 to this Act, which contains minor amendments and amendments consequential on the provisions of this Act, shall have effect.
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.
This Act may be cited as the Armed Forces Act 1991.
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.
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.
The repeal by this Act of section 1 of the Armed Forces Act 1986 shall come into force on 1st January 1992.
Section 10.
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a person who has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;
an advocate or solicitor in Scotland;
a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years' standing;
a person who holds or has held judicial office in any part of the United Kingdom; or
a member (whether the chairman or not) of the Criminal Injuries Compensation Board.
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if he ceases to be qualified for appointment as an assessor, or
on attaining the age of 72,
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he has been convicted of a criminal offence;
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;
he is incapacitated by physical or mental illness; or
he is otherwise unable or unfit to perform his duties.
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in the case of a person who qualifies for appointment under paragraph 1(a) or paragraph 1(c) above, with the consent of the Lord Chancellor;
in the case of a person who qualifies for appointment under paragraph 1(b) above, with the consent of the Lord President of the Court of Session;
in the case of a person who qualifies for appointment under paragraph 1(d) above by virtue of holding or having held judicial office in England and Wales or Northern Ireland, with the consent of the Lord Chancellor; and
in the case of a person who qualifies for appointment under paragraph 1(d) above by virtue of holding or having held judicial office in Scotland, with the consent of the Lord President of the Court of Session.
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Section 26.
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In section 93 of each of the 1955 Acts (administration of oaths)— In section 60 of the 1957 Act (administration of oaths)—
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In section 19 of the Courts-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.
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Section 26. 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).