Statement by the United States of America for the Working Session 13

After section 44A of the Army Act 1955 (damage to and loss of Her Majesty's aircraft or aircraft material) there shall be inserted the following section—

The provisions set out in subsection (1) above shall also be inserted after section 44A of the Air Force Act 1955 and, as section 29B, after section 29A of the 1957 Act, but as if—

In section 62 of each of the 1955 Acts and in section 35 of the 1957 Act (making of false documents), for paragraphs (a) to (c) there shall be substituted the following paragraphs— .

Each of the sections amended by subsection (1) above shall be renumbered subsection (1) of that section and after each of those provisions, as so re-numbered, there shall be inserted the following subsections—

In sections 28(a), 29(6), 33(l)(a), 55(1) and (2) and 65(a) and (b) of each of the 1955 Acts and in sections 6(b), 11(a), 24(a), 33B(1) and (2) and 36A(a) and (b) of the 1957 Act (offences consisting m striking a person or in otherwise ill-treating him or using violence to him or force against him), the words " strikes or otherwise ", wherever occurring, shall be omitted.

In section 69 of each of the 1955 acts in section 39 of the 1957 Act (conduct or neglect to the prejudice of good order and military discipline), for the words " of any conduct or neglect" there shall be substituted the words ", whether by any act or omission or otherwise, of conduct ".

For subsection (1) of section 132 of each of the 1955 Acts (which, subject to any limit imposed in relation to a corresponding civil offence and to a power of the Attorney General to consent to proceedings in certain cases, imposes a three year limit on the commencement of proceedings for certain offences under the relevant service law) there shall be substituted the following subsection—

For subsection (1) of section 52 of the 1957 Act (which, with subsection (3) of that section, makes provision equivalent to that made by section 132(1) of each of the 1955 Acts) there shall be substituted the following subsection—

In subsection (3) of the said section 52—

Section 7(3) of the Armed Forces Act 1976 (which imposes a three year limit on the commencement of proceedings before a Standing Civilian Court) shall cease to have effect.

In section 7(4) of the said Act of 1976 (application to trial by Standing Civilian Court of time limit for corresponding civil offence), after the word " proceedings " there shall be inserted the words " on indictment ".

Nothing in this section shall affect the operation of section 132(1) of either of the 1955 Acts, section 52 of the 1957 Act or section 7(3) or (4) of the said Act of 1976 in relation to an offence if the offence was committed before the date on which this section comes into force and—

Subsection (3A) of section 209 of each of the 1955 Acts (application of Act to civilians) shall be renumbered subsection (3B) and before that subsection, as so renumbered, there shall be inserted the following subsection—

In Schedule 4 to the 1957 Act (application of Act to certain civilians), after paragraph 4 there shall be inserted the following paragraph—

Nothing in this section shall affect the operation of any of the relevant provisions in relation to proceedings for an offence by a person who ceased, after the commission of the offence and more than the specified period before the coming into force of this section, to be in such circumstances that Part II of either of the 1955 Acts or any provision specified in section 118 of the 1957 Act applied to him.

In subsection (3) above—

In Schedule 5A to the Army Act 1955 (powers of court on trial of civilian), after paragraph 2 there shall be inserted the following paragraph—

The provisions set out in subsection (1) above shall also be inserted after paragraph 2 of Schedule 5A to the Air Force Act 1955 but as if in sub-paragraph (9)(a) for the words from " regular forces " to " 1955)" there were substituted the words " regular air force or of the regular forces (within the meaning of the Army Act 1955) ".

An order under this paragraph may, for the purposes of paragraph 2A of Schedule 5A to the Army Act 1955 and paragraph 2A of Schedule 5A to the Air Force Act 1955, specify the conditions to be satisfied, in relation to an offender, before a Standing Civilian Court that has deferred the award of sentence against the offender may award sentence during the period of deferment.

In Schedule 5A to each of the 1955 Acts and Schedule 4A to the 1957 Act, in paragraph 4(1) (power to make community supervision order in relation to a civilian under 21 years of age), the words " under 21 years of age" shall be omitted.

In the first column of the Table in paragraph 15(3) of each of the Schedules amended by subsection (1) above (scale of punishments and orders for offenders of 21 and over), after paragraph 3 there shall be inserted the following paragraph—

In Schedule 5A to each of the 1955 Acts and Schedule 4A to the 1957 Act, in paragraph 10(1) (custodial orders in respect of offender under 21 but not less than 17 years of age)—

In paragraph 10(1A) of each of the Schedules amended by subsection (1) above (restriction on making of custodial orders), at the end there shall be inserted the words " and the court shall not make a custodial order committing an offender under 17 years of age to be detained for a period which exceeds twelve months or for a period such that the continuous period for which he is committed to be detained under that order and any one or more other custodial orders exceeds twelve months."

In paragraph 10 (6) (b) of each of the said Schedules (appropriate institution in Scotland), for sub-paragraph (i) there shall be substituted the following sub-paragraphs—.

In paragraph 10(6)(c) of each of the said Schedules (appropriate institution in Northern Ireland), for the words " a young offenders centre " there shall be substituted the following subparagraphs—.

In the third column of the Table in paragraph 15(3) of each of the said Schedules (scale of punishments and orders for offenders under 17), after paragraph 1 there shall be inserted the following paragraph—

This section shall not have effect in relation to offences committed before the coming into force of this section.

Where a court-martial passes a sentence on an appeal under this paragraph in a case in which the sentence of the Standing Civilian Court was suspended under paragraph 20(4) below, the court-martial may, if it thinks fit, direct that the suspension shall apply to the sentence of the court-martial in the same way as it would have applied to the sentence of the Standing Civilian Court.

Accordingly, in sub-paragraph (8) of that paragraph, after the word " above " there shall be inserted the words " and sub-paragraph (12) below ".

Section 14 of the Armed Forces Act 1981 (temporary removal to and detention in a place of safety abroad of children of service families in need of care or control) shall be amended as follows.

For subsection (3) (power to order removal of child to place of safety outside United Kingdom) there shall be substituted the following subsection—

After subsection (4) there shall be inserted the following subsection—

In subsection (5) (officers having power to make orders)—

For subsections (7) to (9) (matters to be specified in order and effect and duration of orders) there shall be substituted the following subsections—

In subsection (10) (right of parent to make representations before order made), for the words " for the time being " there shall be substituted the words " or, as the case may be, was residing when he was removed to a place of safety under this section ".