Overview

This bill amends the Armed Forces Act 2021, primarily concerning where service personnel accused of serious crimes should be tried (civilian or military courts) and reporting requirements on the Armed Forces Covenant.

Description

The bill addresses two key areas:

Trial of Service Personnel for Serious Crimes

The initial amendment proposed that serious crimes (murder, manslaughter, domestic violence, child abuse, rape, sexual assault) committed by service personnel in the UK should usually be tried in civilian courts, unless the Attorney General agreed to a court-martial due to military complexities. The House of Commons disagreed. The final agreed amendment requires that such crimes are normally tried in civilian courts unless the Director of Public Prosecutions, after consulting the Attorney General, directs trial by court-martial due to the circumstances, including military complexity.

Reporting on the Armed Forces Covenant

A second amendment required the Secretary of State to be included in provisions regarding the Armed Forces Covenant. The Commons disagreed. The final version mandates that the Secretary of State must report to Parliament within six months of the Armed Forces Act 2021 passing, detailing the implications of not applying the same "due regard" legal responsibility to central government as is required of local authorities and public bodies under the Covenant.

Government Spending

The bill is unlikely to have a significant direct impact on government spending. The costs will be primarily associated with the production of the report required under Amendment 2B and any adjustments to existing processes for trying service personnel. No specific figures are provided.

Groups Affected

The bill will affect several groups:

• Service personnel: The amendments could impact where they are tried if accused of serious crimes.
• Civilian courts: May see an increased or decreased workload depending on the outcome of the amendments.
• Military courts (court-martial): May see an increased or decreased workload depending on the outcome of the amendments.
• Parliament: Will receive a report on the application of the Armed Forces Covenant to central government.
• Director of Public Prosecutions and Attorney General: Their roles in deciding where to try service personnel accused of serious crimes will be altered.

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