Question proposed, That the clause stand part of the Bill.

With this it will be convenient to discuss Clause 19 stand part.

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 the Royal Navy and Royal Air Force can. This variation in powers risks delay and unnecessary cost to the service justice system through trials potentially being heard at the court martial rather than being retained for summary hearing.

Allowing service detention to be imposed at summary hearing on corporals in the Army and the Royal Air Force Regiment is also in line with the operational reality that our military capabilities are becoming more integrated and joint. It is therefore increasingly likely that OR-4s from across the armed forces will be jointly deployed or even in joint units. As a result, it is more likely that commanding officers may face situations in which OR-4s from different services are defendants at summary hearing in a single case or in linked cases.

Clause 19 will give a commanding officer the power to impose a deprivation order in combination with a punishment of service detention, forfeiture of seniority or reduction in rank or disrating. Such punishments are used in more serious cases seen at summary hearings. At present, a commanding officer can impose a deprivation order only alongside a fine or “minor punishment” such as an admonition. Where a charge has been proven at summary hearing or a conviction obtained in a service court, they can be used to deprive the offender of any rights to certain property—this is property that has been lawfully seized from an offender or was in the offender’s possession or control when apprehended or charged with an offence. That might be, for example, tools used to commit the offence, offensive weapons or controlled drugs. In the more serious cases that might be dealt with at summary hearing, clause 19 will enable commanding officers to impose punishments that are just and proportionate and that protect the public and other service persons—for example, so that the property cannot be used again to commit the same or similar offences.

We welcome clauses 18 and 19 on summary hearings and deprivation orders with the punishments available to commanding officers. They represent a serious aim and a proportionate update to the summary hearing powers available to commanding officers. Clause 18 would promote greater consistency across the services, by enabling service detention to be imposed on corporals, as the Minister said, and equivalent ranks, bringing the army and the Royal Air Force Regiment into closer alignment with arrangements already in place elsewhere.

Clause 19 is likewise a practical step forward, as we heard in some of the evidence sessions. Permitting a deprivation order to be imposed alongside more serious summary punishments would give commanding officers a broader and more flexible set of options, while keeping matters within the summary system. That should help to ensure that sanctions are better tailored to the offence and the circumstances of the individual case. Taken together, the provisions enhance fairness, consistency and operational effectiveness, and we are pleased to support them.

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.

I welcome the Clause. Will the Minister set out how there will be consistency in the use of these powers by commanding officers, to ensure that there is equality of justice across the board?

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.