Armed Forces Act 2006 (c. 52)

(The document as of February, 2008)

-- Back --

Page 23

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 | P.27 | P.28 | P.29 | P.30 | P.31

SCHEDULE 12 Detention etc of persons in overseas service hospitals

The relevant conditions

1 (1) In this Schedule references to the relevant conditions, in relation to a person, are to the following conditions.

(2) Condition A is that the person is suffering from mental disorder.

(3) Condition B is that the mental disorder is of such a nature or degree as to warrant his detention in a hospital for assessment or treatment for at least a limited period.

(4) Condition C is that it is necessary that the person be so detained--

(a) in the interests of his own health or safety; or

(b) with a view to the protection of others.

Order for person's detention in overseas service hospital

2 (1) This paragraph has effect in relation to--

(a) a person subject to service law, or

(b) a civilian subject to service discipline,

outside the British Islands.

(2) Sub-paragraph (3) applies if it appears to the person's commanding officer that all the relevant conditions are met in the case of the person and--

(a) two registered medical practitioners make recommendations that an order under that sub-paragraph should be made in relation to the person; or

(b) the case is urgent and one registered medical practitioner makes a recommendation that such an order should be made in relation to the person.

(3) The commanding officer may make an order--

(a) in a case where, at the time the order is made, the person has been admitted to an overseas service hospital and has not been discharged--

(i) for the person's detention in that service hospital for assessment or treatment; or

(ii) for the person's admission to and detention in another overseas service hospital specified in the order for assessment or treatment;

(b) otherwise, for the person's admission to and detention in an overseas service hospital specified in the order for assessment or treatment.

(4) Sub-paragraph (5) applies if--

(a) the person's commanding officer makes an order under sub-paragraph (3) for the person's detention in (or admission to and detention in) a service hospital on the recommendation of one registered medical practitioner; and

(b) while the order is in force, there is produced to him a recommendation of another registered medical practitioner that an order under sub-paragraph (5) should be made in relation to the person.

(5) The commanding officer may make an order--

(a) for the person's further detention in that service hospital for assessment or treatment; or

(b) for the person's admission to and detention in another overseas service hospital specified in the order for assessment or treatment.

(6) See paragraph 4 for requirements as to recommendations under this paragraph.

Effect of order under paragraph 2

3 (1) This paragraph makes provision as to the effect of an order of a person's commanding officer under paragraph 2.

(2) An order under paragraph 2(3) has effect--

(a) if made by virtue of paragraph 2(2)(a), for 28 days;

(b) if made by virtue of paragraph 2(2)(b), for 5 days.

(3) An order under paragraph 2(5) has effect for 28 days from the date of the order under paragraph 2(3) referred to in paragraph 2(4).

(4) While in force, the order is sufficient authority--

(a) in a case where the order is made under paragraph 2(3)(a)(ii) or (b) or (5)(b), for the person to be taken and conveyed to the service hospital specified in the order;

(b) in any case, for the person to be detained in the service hospital specified in the order; and

(c) in a case where arrangements are made for the person to be removed to the United Kingdom for further assessment or treatment, for him to be--

(i) taken from the service hospital specified in the order and conveyed to the United Kingdom; and

(ii) for that purpose, detained in any place or on board any ship or aircraft.

(5) Where the person is removed to the United Kingdom on the authority of the order, he must not after arriving in the United Kingdom be detained, on that authority, for longer than 24 hours.

Requirements as to recommendations under paragraph 2

4 (1) A recommendation under paragraph 2 must include a statement that the person making it is satisfied that all the relevant conditions are met in the case of the person to whom it relates.

(2) A recommendation under paragraph 2(2)(b) must also include a statement that--

(a) the person needs to be detained in (or admitted to and detained in) a hospital urgently; and

(b) the urgency makes it impracticable for another recommendation to be sought before making an order under paragraph 2(3) in relation to the person.

Exercise of powers under paragraph 2 where person's commanding officer is absent etc

5 (1) This paragraph has effect in relation to a person subject to service law outside the British Islands.

(2) If the person's commanding officer is absent or otherwise not available, any authorised officer may exercise in relation to the person the powers conferred by paragraph 2.

(3) For the purposes of this paragraph, an officer is "authorised" if he is--

(a) subject to service law;

(b) of or above the rank of naval lieutenant, military or marine captain or flight lieutenant; and

Power to review order under paragraph 2

6 (1) The Secretary of State may make regulations for enabling a person to apply for the revocation of an order under paragraph 2 as soon as the order is made.

(2) The regulations may in particular make provision as to--

(a) who may make an application;

(b) the persons who are to hear the application;

(d) the grounds on which the order may be revoked;

(e) the functions of the persons hearing the application.

(3) Regulations under sub-paragraph (2)(e) may in particular confer on the persons hearing the application--

(a) power to confirm an order under paragraph 2;

(b) power to revoke such an order and order the immediate release of the person subject to the order.

Detention of resident patients in overseas service hospitals pending order under paragraph 2(3)

7 (1) This paragraph applies if--

(a) a registered medical practitioner determines that all the relevant conditions are met in the case of a patient in an overseas service hospital who is a person subject to service law or a civilian subject to service discipline; or

(b) a prescribed person determines that all the relevant conditions appear to be met in the case of such a patient.

(2) The person making the determination must, as soon as practicable--

(a) make a record of the determination and the reasons for it; and

(b) make a request for an order under paragraph 2(3) to be made in relation to the patient.

(3) The commanding officer of the service hospital may detain the patient at the service hospital for the purpose of enabling such an order to be sought in relation to him.

(4) But the patient may not be detained under this paragraph beyond--

(a) the end of the detention period (see sub-paragraphs (5) to (7)); or

(b) if sooner, the making of a determination whether or not to make such an order in relation to him.

(5) If the person making the determination under sub-paragraph (1) is a registered medical practitioner, the detention period is 24 hours beginning with the time when the record required by sub-paragraph (2) was made.

(6) If that person is not a registered medical practitioner, the detention period is--

(a) 6 hours beginning with that time; or

(b) if before the end of that 6 hour period a registered medical practitioner determines that all the relevant conditions are met in the case of the patient, 24 hours beginning with that time.

(7) But if during that 6 hour period a registered medical practitioner determines that one or more of the relevant conditions are not met in the case of the patient--

(a) the patient must be released immediately; and

(b) the detention period ends with his release.

(8) The person making a determination under sub-paragraph (6)(b) must, as soon as practicable, make a record of the determination and the reasons for it.

(9) In this paragraph "prescribed person" means a person of a description prescribed by regulations made by the Secretary of State.

Urgent removal from service living accommodation to overseas service hospital

8 (1) This paragraph applies if a service policeman has reasonable grounds for believing that--

(a) there is in any service living accommodation outside the British Islands a person ("the patient") who is a person subject to service law or a civilian subject to service discipline;

(b) the patient is suffering from mental disorder;

(d) the urgent need to remove the patient to and detain him in a service hospital makes it impracticable for an order under paragraph 2(3) to be sought before removing and detaining him.

(2) The service policeman may--

(a) enter the service living accommodation; and

(b) remove the patient to an overseas service hospital.

(3) The service policeman must if reasonably practicable be accompanied by--

(a) a registered medical practitioner, or

(b) a person of a description prescribed by regulations made by the Secretary of State,

who may assist the service policeman to exercise the power conferred on him by sub-paragraph (2).

(4) The commanding officer of the service hospital to which the patient is removed may detain him at the service hospital for the purpose of enabling an order under paragraph 2(3) to be sought in relation to him.

(5) But the patient may not be detained under this paragraph beyond--

(a) the end of the detention period (see sub-paragraphs (6) and (7)); or

(b) if sooner, the making of a determination whether or not to make such an order in relation to him.

(6) The detention period is--

(a) 6 hours beginning with his arrival at the service hospital; or

(b) if before the end of that 6 hour period a registered medical practitioner determines that all the relevant conditions are met in the case of the patient, 24 hours beginning with that time.

(7) But if during that 6 hour period a registered medical practitioner determines that one or more of the relevant conditions are not met in the case of the patient--

(a) the patient must be released immediately; and

(b) the detention period ends with his release.

(8) The person making a determination under sub-paragraph (6)(b) must, as soon as practicable, make a record of the determination and the reasons for it.

Urgent removal from other places to overseas service hospital

9 (1) This paragraph applies if a service policeman finds a person ("the patient") in a relevant place outside the British Islands and it appears to the service policeman that--

(a) the patient is a person subject to service law or a civilian subject to service discipline;

(b) the patient is suffering from mental disorder; and

(c) the urgent need to remove the patient to and detain him in a service hospital makes it impracticable for an order under paragraph 2(3) to be sought before removing and detaining him.

(2) The service policeman may remove the patient to an overseas service hospital.

(3) The commanding officer of the service hospital to which the patient is removed may detain him at the service hospital for the purpose of enabling an order under paragraph 2(3) to be sought in relation to him.

(4) But the patient may not be detained under this paragraph beyond--

(a) the end of the detention period (see sub-paragraphs (5) and (6)); or

(b) if sooner, the making of a determination whether or not to make such an order in relation to him.

(5) The detention period is--

(a) 6 hours beginning with his arrival at the service hospital; or

(b) if before the end of that 6 hour period a registered medical practitioner determines that all the relevant conditions are met in the case of the patient, 24 hours beginning with that time.

(6) But if during that 6 hour period a registered medical practitioner determines that one or more of the relevant conditions are not met in the case of the patient--

(a) the patient must be released immediately; and

(b) the detention period ends with his release.

(7) The person making a determination under sub-paragraph (5)(b) must, as soon as practicable, make a record of the determination and the reasons for it.

(8) In this paragraph "relevant place" means--

(a) a place to which the public have access; or

(b) any premises (within the meaning of Part 3) which are permanently or temporarily occupied or controlled for the purposes of any of Her Majesty's forces but are not service living accommodation.

Use of force

10 Where a power is conferred on any person by virtue of this Schedule, he may use reasonable force, if necessary, in the exercise of the power.

Service custody

11 While a person is being conveyed, removed or detained by virtue of any provision of this Schedule, the person is deemed to be in service custody.

Definitions

12 (1) In this Schedule "overseas service hospital" means a service hospital outside the British Islands.

(2) In this Schedule "service hospital" means--

(a) a military, air-force or naval unit or establishment, or

(b) a ship,

at or in which medical or surgical treatment is provided for persons subject to service law.

(3) In this Schedule "service living accommodation" has the same meaning as in Part 3 (see section 96).

Section 353

SCHEDULE 13 Protection of children of service families

1 (1) Section 17 of the Armed Forces Act 1991 (power to make service family child assessment orders) is amended as follows.

(2) In subsection (1)(a) for "civilian in a corresponding position" substitute "civilian subject to service discipline".

(3) In subsection (3) for "the officer having jurisdiction" substitute "a judge advocate".

(4) In subsection (5)--

(a) for "the officer" substitute "the judge advocate";

(b) for "an officer" substitute "a judge advocate".

2 (1) Section 18 of that Act (content, effect, variation and discharge of assessment orders) is amended as follows.

(2) In subsection (2)(b) for "officer" substitute "judge advocate".

(3) In subsection (6) for "officer" substitute "judge advocate".

(4) In subsection (8)--

(a) for "or a civilian in a corresponding position who" substitute ", or a civilian subject to service discipline, commits an offence if he";

(b) omit the words "on him";

(5) After that subsection insert--

" (8A) A person guilty of an offence under this section is liable to any punishment mentioned in rows 5 to 12 of the Table in section 164 of the Armed Forces Act 2006.

(8B) 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 12 were to rows 2 to 7.

(8C) 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 12 were to rows 5 to 10. "

(6) Omit subsection (9).

3 (1) Section 19 of that Act (power to make orders for the emergency protection of children of service families) is amended as follows.

(2) In subsection (1)(a) for "civilian in a corresponding position" substitute "civilian subject to service discipline".

(3) In subsection (3) for "the officer having jurisdiction" substitute "a judge advocate".

(4) In subsection (4) for "officer", in both places, substitute "judge advocate".

4 (1) Section 20 of that Act (content and effect of protection orders) is amended as follows.

(2) In subsection (4) for "officer" substitute "judge advocate".

(3) In subsection (6)(b)(iii) for "the officer having jurisdiction" substitute "a judge advocate".

(4) For subsections (9) and (10) substitute--

" (9) A person subject to service law, or a civilian subject to service discipline, commits an offence if he--

(a) intentionally obstructs any person exercising the power under subsection (2)(b) above to remove, or prevent the removal of, a child; or

(b) intentionally fails to comply with an exclusion requirement included in a protection order by virtue of section 20A below.

(9A) A person guilty of an offence under this section is liable to any punishment mentioned in rows 5 to 12 of the Table in section 164 of the Armed Forces Act 2006.

(9B) 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 12 were to rows 2 to 7.

(9C) 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 12 were to rows 5 to 10. "

5 After that section insert--

" 20A Power to include exclusion requirement in protection order

(1) Where--

(a) 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

(b) conditions A, B and C are satisfied,

the judge advocate may include an exclusion requirement in the protection order.

(2) An exclusion requirement is any one or more of the following--

(a) 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;

(b) 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;

(c) a provision excluding such a person from a defined area in which relevant premises in which the child lives are situated.

(3) 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--

(a) 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);

(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.

(4) 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--

(a) is able and willing to give to the child the care which it would be reasonable to expect a parent to give him; and

(b) consents to the inclusion of the exclusion requirement.

(5) Condition C is that the judge advocate is satisfied--

(a) that, throughout the duration of the requirement, alternative accommodation which the judge advocate considers appropriate will be available to the relevant person; and

(b) where the relevant person is subject to service law, that the relevant person's commanding officer also considers that that accommodation is appropriate.

(6) 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.

(7) 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.

(8) 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. "

6 (1) Section 21 of that Act (duration of protection orders) is amended as follows.

(2) In subsection (1) for the words from "being" to the end substitute "which must be a period of not more than 28 days beginning with the date of the order."

(3) In subsection (2)--

(a) for "the officer having jurisdiction" substitute "a judge advocate";

(b) in paragraph (a), for the words from "applicable" to "that officer" substitute "permitted by subsection (1) above";

(4) In subsection (3) for "officer", in both places, substitute "judge advocate".

(5) In subsection (5) for "an officer" substitute "a judge advocate".

7 (1) Section 22 of that Act (review and discharge of protection orders) is amended as follows.

(2) In subsection (2) for "superior officer" substitute "judge advocate".

(3) In subsection (4)--

(a) for "superior officer" substitute "judge advocate";

(b) for the words from "consider whether" to the end of paragraph (b) substitute " consider whether, if the order were discharged and--

(a) (where the power under section 20(2)(b)(i) has been exercised) if the child were returned by the responsible person, or

(b) (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, " .

(4) In subsection (5) for "the officer having jurisdiction" substitute "a judge advocate".

(5) After that subsection insert--

" (5A) 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. "

(6) In subsection (7) for "officer" substitute "judge advocate".

8 After that section insert--

" 22A Removal and accommodation of children by service police in emergency

(1) 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--

(a) remove the child to suitable accommodation and keep him there; or

(b) 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.

(2) 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.

(3) As soon as is reasonably practicable after taking a child into service police protection, the service policeman concerned shall--

(a) 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;

(b) give details to the appropriate service police officer of the place at which the child is being accommodated;

(i) of the steps that have been taken with respect to him under this section and of the reasons for taking them; and

(ii) of the further steps that may be taken with respect to him under this Part of this Act;

(d) take such steps as are reasonably practicable to discover the wishes and feelings of the child;

(e) secure that the case is inquired into by the appropriate service police officer;

(f) 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);

(g) take such steps as are reasonably practicable to inform--

(i) the child's parents,

(ii) every person who is not a parent of the child but has parental responsibility for him, and

(iii) any other person with whom the child was residing immediately before being taken into service police protection,

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.

(4) 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.

(5) No child may be kept in service police protection for more than 72 hours.

(6) While a child is being kept in service police protection--

(a) 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

(b) neither he nor the service policeman who took the child into service police protection has any parental responsibility for him.

(7) Where a child has been taken into service police protection, the appropriate service police officer shall allow--

(a) the child's parents,

(b) any person who is not a parent of the child but has parental responsibility for him,

(d) any person in whose favour a contact order is in force with respect to the child, and

(e) any person acting on behalf of any of those persons,

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.

(8) In this section--

"authorised", in relation to a service policeman, means authorised, by an authorising service police officer and in accordance with regulations, to exercise the power under subsection (1) in the case in question;
"an authorising service police officer", and "the appropriate service police officer" have the meanings given by regulations;
"relevant child" means a child who falls within paragraph (a) or (b) of section 19(1) above;
"service policeman" has the same meaning as in the Armed Forces Act 1996. "

9 (1) Section 23 of that Act (interpretation) is amended as follows.

(2) In subsection (1)--

-- Back --

Stat