Overview

This bill amends the Armed Forces Bill, primarily focusing on where serious crimes committed by service personnel are tried (civilian or military courts) and reporting requirements regarding the Armed Forces Covenant.

Description

The bill addresses two key areas:

Trial of Service Personnel for Serious Crimes: The original bill lacked clear guidance on where to try service personnel accused of serious crimes like murder, manslaughter, domestic violence, child abuse, rape, or sexual assault. The Lords initially proposed a preference for civilian courts unless the Attorney General approved a court-martial due to military complexities. The Commons disagreed, leading to a compromise: the final version requires guidance stating that such cases should generally be tried in civilian courts unless the Director of Public Prosecutions, after consulting the Attorney General, directs trial by court-martial due to specific circumstances, including military complexity.

Armed Forces Covenant Reporting: The Lords attempted to add the Secretary of State to a list of those legally required to have "due regard" for the Armed Forces Covenant. This was rejected by the Commons. The final version instead requires the Secretary of State to submit a report to Parliament within six months of the Armed Forces Act 2021's passage, detailing the implications of the central government not having the same "due regard" legal responsibility as local authorities and other public bodies.

Government Spending

The bill doesn't directly allocate specific sums of government spending. The required report on the Armed Forces Covenant might lead to future spending changes based on its findings, but no figures are provided.

Groups Affected

This bill primarily affects:

• Service Personnel: The changes regarding trial venues impact those accused of serious crimes while serving.
• Civilian Courts: The increased likelihood of trying service personnel in civilian courts could increase their workload.
• Military Courts: The changes could reduce the number of court-martial cases.
• The Attorney General and Director of Public Prosecutions: Their roles in deciding trial venues are significantly affected.
• Parliament: The bill mandates a report to Parliament on the Armed Forces Covenant, potentially influencing future policy and spending decisions.

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