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Armed Forces Bill (Fourth sitting)
Clauses 5 to 7 and schedules 2 and 3 relate to protection orders. The Government are committed to providing safety, justice and real support for all in the defence community, both now and in future, which is why a particular focus of the Bill is on protecting victims of serious sexual and violent crimes. Currently, the service justice system cannot impose the full suite of protection orders that are available in the civilian criminal justice system. That can create inconsistencies and critical g
Tue 14 Apr
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Armed Forces Bill (Fourth sitting)
I thank the right hon. Member for Rayleigh and Wickford for tabling new clause 12, which seeks to ensure that service courts can impose protective orders on individuals who leave service before trial and preventing the avoidance of such orders simply by leaving the service. I recognise the good will and the sentiment behind new clause 12. However, it is not needed. I want to be clear that individuals should not be able to evade accountability for their conduct and that safeguarding measures must
Tue 14 Apr
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Armed Forces Bill (Fourth sitting)
If there were criminal proceedings, he would be held to account in the service justice system for up to six months after the case. It is relatively simple. As we know, it is quite hard to leave the military, and when someone does, they are still subject to service law for six months after they have left. The Government do not believe that new clause 12 is necessary and I therefore invite the right hon. Member for Rayleigh and Wickford not to press it. I also commend clauses 5 to 9 and schedules
Tue 14 Apr
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Armed Forces Bill (Fourth sitting)
Clause 10 places a duty on the Secretary of State for Defence to issue an updated code for victims in the service justice system. The existing armed forces code of practice, which identifies the services and support to be provided to victims in the service justice system itself, is set out in regulation and has not been substantively modified since it was introduced in 2015. Clause 10 revokes the 2015 regulations. Since 2015, we have continued to make improvements to the service justice system t
Tue 14 Apr
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Armed Forces Bill (Fourth sitting)
Clauses 10 and 11, in reality, thicken out the service justice system and align it with the civilian justice system, providing greater freedoms and protections for anybody who is a victim within this system. I commend them to the Committee. Question put and agreed to. Clause 10 accordingly ordered to stand part of the Bill. Clause 11 ordered to stand part of the Bill. Clause 12 Service policing protocol
Tue 14 Apr
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Armed Forces Bill (Fourth sitting)
I thank the hon. Member for North Devon for his views on the Bill, but before providing comment on amendment 6, I will first speak to clause 12. Currently, under section 115 of the Armed Forces Act 2006, there is a duty on individual provost marshals to seek to ensure that all investigations carried out by the service police are free from improper interference. Clause 12 provides a power to create a protocol that will support the provost marshal in complying with that duty, but it also goes furt
Tue 14 Apr
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Armed Forces Bill (Fourth sitting)
The hon. Member raises a very important point. I will have to come back to him with specific details and statistics on that, and I will write to the Committee. As mentioned before, the amendment potentially risks making the victim withdrawal rate even higher than in the criminal justice system. It also risks the loss or erosion of “golden hour” evidence and the safeguarding of victims in cases of sexual offending or domestic abuse. That is because the amendment does not place a duty on civilian
Tue 14 Apr
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Armed Forces Bill (Fourth sitting)
The purpose of clause 13 is to extend the powers of judge advocates to enable them to issue search warrants, which can include other premises that are occupied or controlled by a person subject to service law, or a civilian subject to service discipline, but are not necessarily occupied as a residence. Examples include vehicles, boats or storage containers. Clause 13 also aligns the definition of premises in the Armed Forces Act 2006 with that in section 23 of the Police and Criminal Evidence Ac
Tue 14 Apr
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Armed Forces Bill (Fourth sitting)
The clauses will enhance the ability of our military police forces and our provost marshals to enact service justice. These measures will make the forces safer, enable them to look after the victims, and support their freedom to operate within the military system. Question put and agreed to. Clause 13 accordingly ordered to stand part of the Bill. Clauses 14 to 16 ordered to stand part of the Bill. Clause 17 Duty of commanding officers to report serious offences Question proposed, That the claus
Tue 14 Apr
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Armed Forces Bill (Fourth sitting)
Clause 17 will strengthen the duty of commanding officers to report allegations of serious offences to the service police. It removes an existing limitation where a commanding officer is obliged to report only a suspected schedule 2 offence committed by someone under their command. Under clause 17, where a commanding officer becomes aware that a serious offence may have been committed by any “person subject to service law” they must promptly refer the matter to the service police. However, the d
Tue 14 Apr
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Armed Forces Bill (Fourth sitting)
Commanding officers should always report an issue if they see one. With this change, they will have to and will be held to account. Question put and agreed to. Clause 17 accordingly ordered to stand part of the Bill. Clause 18 Summary hearings: punishments available to commanding officers Question proposed, That the clause stand part of the Bill.
Tue 14 Apr
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Armed Forces Bill (Fourth sitting)
Clause 18 gives a commanding officer the power to award a punishment of service detention to a “corporal, bombardier, lance sergeant or lance corporal of Horse in any of His Majesty’s military forces”. Those are OR-4 ranks, according to the NATO military rank codes. The power may be used only by commanding officers with extended powers at summary hearing. Currently, commanding officers in the Army and the Royal Air Force Regiment cannot impose service detention on an OR-4 rank, whereas those in
Tue 14 Apr
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Armed Forces Bill (Fourth sitting)
Depriving rights to certain property makes absolute sense for commanding officers. Aligning the ability to administer justice across the single services and across ranks makes life far easier.
Tue 14 Apr
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Armed Forces Bill (Fourth sitting)
As someone goes across the single services and joint staff colleges, there will be different sections where they are trained on administering justice and the rights of a commanding officer. Importantly, there will be joint standing procedures produced around the clause, which everyone who becomes a commanding officer will have to read and ensure that they adhere to. Question put and agreed to. Clause 18 accordingly ordered to stand part of the Bill. Clause 19 ordered to stand part of the Bill. C
Tue 14 Apr
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Armed Forces Bill (Fourth sitting)
Is the hon. Gentleman talking about a lack of capacity of senior officers to sit on a court martial board, or inefficiency on the court martial board?
Tue 14 Apr
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Armed Forces Bill (Fourth sitting)
I thank the right hon. Member for Rayleigh and Wickford for tabling amendment 9, which seeks to add retired officers to those who are qualified for court martial membership. However, I believe that the amendment is unnecessary and most likely counterproductive. The first argument made was about capacity and the lack of senior officers to sit on courts martial and hold people to account. As the Committee knows, we keep those things under constant review. The right hon. Member mentioned a case fro
Tue 14 Apr
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Armed Forces Bill (Fourth sitting)
As the hon. Member will know, trying to speak to people about whether they know other people is exceptionally difficult. Trying to capture that in a data record would be even more difficult. The 200 officers in service at the moment do not include the reservist pool, which is quite large—and that is just one-stars, not two-stars, three-stars or four-stars, so the pool is actually far larger. I will go back to the purpose of sentencing at court martial, because it is an important point. As I say,
Tue 14 Apr
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Armed Forces Bill (Fourth sitting)
Listening to evidence and acting on it is critical. Understanding the context in which it sits is equally important. Did that individual know that there are 200 one-stars within defence? Did they have the authority and responsibility to allocate individuals in a short, timely and effective manner to a court martial board? Probably not. The problem is not capacity. It is perhaps that the Defence Serious Crime Command needs greater authorities and programming to pool individuals in a timely and ef
Tue 14 Apr
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Armed Forces Bill (Fourth sitting)
In no way, shape or form am I suggesting that this was fabricated, made up or a lie. What I am trying to say is that context is important. The statistics show that there are 200 one-stars in regular service, not including the reserve. That is a large pool of individuals, which reduces the right hon. Member’s argument about capacity. He talked about people knowing each other, but there are clear protocols in place to ensure that when the board is pulled together, the range of individuals on it is
Tue 14 Apr
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Knife Crime
My hon. Friend is absolutely right. The decimation of our youth services that we saw over the past 15 or so years, because they are not a statutory function for local authorities, has been catastrophic. We all know the impact of that. We are rebuilding infrastructure that has been torn away, and that is a challenge. As she says, we are introducing 50 youth hubs. The Mayor of London announced a youth centre for every borough in London, and other mayors across the country are doing what they can w
Tue 14 Apr
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