§ After Clause 2, insert the following new clause:
§ Application of s. 2 to corresponding naval, military of air-force offences
§ ("(1) Section two of this Act shall apply in relation to proceedings for a corresponding service offence as it applies in relation to proceedings for an offence under section six of the principal Act, but shall, as to applying, have effect—
- (a) as if references to the court included references to any authority before whom the proceedings take place;
- (b) as if references to a constable included references to any provost officer or any officer or person legally exercising authority under or on behalf of a provost officer;
- (c) as if the reference to the Secretary of State included a reference to the Admiralty and
- (d) as if subsection (3) were omitted.
(2) In this section—
corresponding service offence" means an offence against section seventy of the Army Act, 1955, or section seventy of the Air Force Act, 1955, or under section forty-two of the Naval Discipline Act, 1957, committed by an act which is punishable under section six of the principal Act or would be so punishable if committed in England;
provost officer" means any person who is a provost officer within the meaning of either of the said Acts of 1955 or of the said Act of 1957.")
§ LORD CHESHAM
My Lords, under Section 70 of the Army Act a person subject to military law who commits an offence against the ordinary criminal law in the United Kingdom also commits an offence against Section 70 of that Act and can be dealt with by court-martial or, if appropriate, summarily. It is necessary to bring that into line with the ordinary law in respect of Clause 2, and the effect of this new clause is to provide for the application of Clause 2 to proceedings under Naval, Military and Air Force law, in which the corresponding civil offence is to drive contrary to Section 6 of the 1960 Act, which is driving or being in charge of a vehicle when under the influence of drink or 180 drugs. In practice, it means that the kind of evidence which may be given in civil courts in the United Kingdom regarding tests to determine unfitness to drive may also be given in Service proceedings. I beg to move that this House doth agree with the Commons in the said Amendment.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(Lord Chesham.)
§ LORD SHEPHERD
My Lords, is it the Government's intention, when we have a new Army or Naval Discipline Act, to incorporate this proposal, or will they rest content with it in this particular Bill?
§ LORD CHESHAM
My Lords, I am afraid that I cannot answer that question without notice; I just do not know. But I will certainly see if I can find out anything and will write to the noble Lord.
§ On Question, Motion agreed to.