Armed Forces Bill (Fifth sitting)

David Reed Excerpts

Tuesday 14th April 2026 Public Bill Committees

[The Minister for the Armed Forces (Al Carns)]

I would like to make a correction to an earlier statement about new clause 12, before I continue to address amendment 9. I would like to clarify a point that arose in the debate on new clause 12 in relation to service protection orders. The powers in the Armed Forces Act 2006 create a time limit for charging former members and ex-regular reservists with a service offence committed while subject to service law of six months from the date they ceased to be subject to service law.

After a period of six months from the date on which they ceased to be subject to service law, a person may be charged with a service offence, committed while subject to service law, with the consent of the Attorney General. They do not remain subject to service law once they have left the armed forces, and the same time period also applies to civilians subject to service discipline. If there are any questions about the detail of that, I am happy to write to the Committee on anything specific that is required.

[David Reed (Exmouth and Exeter East) (Con)]

I will just pick up on a point I raised this morning, which I discussed with an hon. Friend who has experience in this space. Take, for example, a crime that is committed while a person is serving that is not serious enough to warrant their being remanded into custody—it goes over the six months because it is a knotty case. Because there is zero tolerance on drugs, someone might say, “Right, this is a knotty case. I am going to get into trouble for it, and I am going to get kicked out regardless, so I will just take some drugs. I will be kicked out within a very short space of time”. If they then let those six months elapse, what is the process for that?

[Al Carns]

I am always very reticent to get into the detail and legalities of the exacts, given there are multiple variables that we are discussing, whether it be drugs or whether it be a criminal offence. If a person is serving and a crime is committed, they will not be allowed to leave until the process for dealing with the justice of that case is well thought through, whether that be within the military system or transferred into the civilian justice system, because they cannot just leave the military while there is a case ongoing. However, if the hon. Member has a specific concern about a specific case with correct parameters, we will ensure we write to him on it and all of its different variables. It is quite difficult to provide the specifics on that now.

[David Reed]

I will make that intervention now, and then we can carry on that conversation. If there is zero tolerance of drugs, and if the person who has committed a crime knows they will be kicked out—as they should be—it would be good to hear from the Ministry of Defence if there is a loophole in which someone could say, “I will do this act knowing full well that I will be kicked out very quickly”. It would be good to understand what the process is. Does that person continue to be housed by the armed forces? Where do they stay? Are they still part of their unit? What happens to them?

[Al Carns]

The broader welfare of individuals who are dismissed for misuse of drugs is a separate issue to the original offence and the judicial system, which will be followed through whether they are serving or whether they have left or been removed from the armed forces. What I am specifically saying is that they can still be charged six months after. The Bill will ensure that any of those processes that are put in place for them while in the military can seamlessly transfer to the civilian justice system, so that justice can be carried through. However, if there is a specific issue, bracket it in parameters, give it to us and we will make sure that we respond.

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[Al Carns]

Clause 21 provides judge advocates with the power to impose post-charge conditions on adult defendants in the court martial or service civilian court, where the defendant is not held in service custody.

Currently, judge advocates can only set post-charge conditions on a defendant’s behaviour or movements if the defendant appears before them in service custody. If a defendant appears before them who is not in service custody, they are unable to set any conditions. That causes problems when risks occur, such as absconding, reoffending, or interfering with witnesses. The clause provides that the defendant must be informed in writing of the grounds for the application and be given notice of the hearing. The defendant will be able to attend the hearing, be legally represented and make representations to the judge advocate. Defendants will also have the right to apply for a variation or discharge of any conditions set.

Clause 21 provides commanding officers and the service police with arrest powers for breach of a condition. It also establishes a service offence of failing to attend a hearing concerning a judge advocate-imposed condition, without reasonable excuse, carrying a maximum penalty of two years’ imprisonment.

Finally, clause 21 provides a judge advocate with the ability to impose urgent conditions where they consider it necessary, without the need for the defendant to have notice of the hearing or to be present. In that situation, the judge advocate must arrange for a hearing with the defendant present to take place as soon as practicable and the conditions will stop having an effect at the end of that hearing. By creating a new pathway for judicially imposed obligations with specific enforcement, the measure will contribute to ensuring attendance, preventing reoffending, protecting witnesses, and safeguarding defendants.

Clause 22 will enable a new procedure to be introduced into the court martial rules, allowing for the dismissal of a charge as well as a mechanism to enable a previously dismissed charge to be brought again under certain conditions. The clause simply enables court martial rules to replicate a procedure that currently exists in the criminal justice system, known as the voluntary bill procedure. Once updated, the court martial rules will allow the Director of Service Prosecutions, in exceptional circumstances, to seek the High Court’s consent to reinstate a charge previously dismissed where it is in the interests of justice to do so. While there is no exhaustive list of the circumstances in which the High Court can grant consent, case law provides some guidance. Cases where the voluntary procedure has been used are where there has been a substantive error of law that is clear or obvious; where new evidence has become available; or where there was a serious procedural irregularity.

Clause 23 will enable the courts martial to use mental health-related powers, equivalent to those already in the civilian system under the Mental Health Act 1983, which include the ability to make a hospital order on conviction as part of sentencing. Currently, in cases where the accused has been found not guilty by virtue of insanity or where the accused has been found unfit to stand trial and there is a finding that they did the act charged against them by the service court, a judge advocate is able to make a hospital order under the Mental Health Act 1983. A hospital order provides initial hospital treatment instead of imprisonment for a criminal offence.

However, there is no provision for cases where the accused is diagnosed as requiring mental health care while awaiting trial; before a finding of fitness to stand trial has been made; or the accused has been convicted of an offence and not yet sentenced. While the service justice system has very few cases where such a provision may be required, a recent case highlighted that these powers may be required when the accused is dealt with before a fitness to plead and/or a defence of insanity has not succeeded and the accused is found guilty.

The clause ensures that service personnel and civilians subject to service discipline receive safe, lawful and appropriate care, and that defence meets its legal and moral obligations to protect those experiencing serious mental health difficulties while in service.

I move on to clause 24. The Armed Forces Act 2021 introduced powers, known as slip rules, for commanding officers in summary hearings, the summary appeal court and the service civilian court, equivalent to the powers that already exist in the court martial. Slip rule powers simply enable punishments or activation orders made in error to be varied or rescinded quickly without the matter having to be referred to an appeal. Clause 24 addresses the error so that secondary legislation can implement the activation orders power for the service civilian court as originally intended.

[David Reed (Exmouth and Exeter East) (Con)]

It continues to be a pleasure to serve under your chairship, Mr Efford. Clauses 21 to 24 cover powers to impose post-charge conditions on persons not in service detention.

We welcome these clauses as sensible, technical enforcement improvements to the service justice system. They address a number of anomalies and gaps, and will help to ensure greater consistency, clarity and fairness in how the system operates. Taken together, the measures strengthen the ability of the service justice system to deal with cases effectively, while maintaining appropriate safeguards for those involved. They also bring aspects of the system more closely into line with civilian practices where that is appropriate. Overall, these are practical reforms that improve the functioning of the system and we are happy and content to support them.

[Al Carns]

These are technical changes to enhance the service justice system that deal with some of those knotty issues such as mental health. I recommend that the Committee fully support them.

Question put and agreed to.

Clause 21 accordingly ordered to stand part of the Bill.

Clauses 22 to 24 ordered to stand part of the Bill.

Clause 25

Guidance on exercise of criminal jurisdiction

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We should not be content with a system in which victims are merely asked for a preference; we should insist on a system in which that preference is informed, structured and supported by genuinely independent advice. If we can achieve that, I genuinely believe that we will not only improve clause 25 but strengthen confidence in the wider service justice system. In an area of such sensitivity, that should not be considered secondary—it is central to the legitimacy of the entire framework. For that reason, I hope that hon. Members will support these amendments.

[David Reed]

My hon. Friend has again laid out the argument in an extremely comprehensive way, and it will be difficult to add anything new to the argument that he has put forward, but I will give it a go.

Ensuring that a victim is properly informed before being asked to state a preference on whether their case is heard in the service justice system or the civilian courts is essential, and I think we can all agree on that. The principle of concurrent jurisdiction allowing a victim to have a voice is a positive one.

However, a preference given without adequate understanding is not a meaningful choice; it becomes a procedural step rather than a genuine expression of agency. It is important to recognise that. The two systems differ in significant ways, and we have heard that in a lot of the evidence sessions and during our Committee trip down to Portsmouth.

These systems operate under distinct procedures, timelines and support arrangements and can lead to different outcomes. Many victims will have no prior experience of either system, and some may be asked to make this decision while in considerable distress. Without a clear, neutral explanation of what each system entails, the process does not empower victims but risks forcing them to make an uninformed decision or leaving them susceptible to undue influence. To reinforce that point, although it may be easy to make the decision when you have a clear head, if you have been the victim of a crime and your head is all over the place, having to make an informed decision when the information on the two systems is not clear and you have not encountered either system before makes the situation even more troubling.

The amendment would establish a basic standard to require that victims are given a clear, accessible and impartial explanation of both systems before any preference is sought. That explanation would cover how each process works, what support is available and the potential outcomes, and inform victims of the availability of independent legal advice or advocacy and how to access it. Crucially, it would introduce a requirement for a written record detailing the information provided and, where preference is expressed, the reasons given.

[Al Carns]

I thank the hon. Member for Solihull West and Shirley for speaking to amendments 18 and 19. I acknowledge their sentiment, which is to ensure that the information provided to victims is appropriate and timely. The Government’s intention is to ensure that when a victim of an offence committed in the UK by a serviceperson is asked to indicate a preference on jurisdiction, they can do so in an informed way. The information provided must be accurate, helpful and, of course, objective, so I share the hon. Member’s objectives.

The Government have already begun work with the statutory consultees set out in clause 25 to understand what information should be provided to the victim, how and when it should be provided, and who should provide it. That complex, detailed work involves stakeholders from across the criminal justice systems of England, Wales, Northern Ireland and Scotland, including the Victims’ Commissioners, and has so far highlighted the importance of seeking an informed view from the victim and that that information should be provided in a factual and impartial way. It has also highlighted that where a victim indicates a preference as to whom they wish to discuss jurisdiction with, it should be acted on, and that a record of the discussion of the victim’s preferred jurisdiction, and the reason given for it, must be kept.

Our work with stakeholders has also highlighted the importance of taking into account the needs and circumstances of the victim, and the circumstances of the offence, so the guidance must allow for a flexible, case-by-case approach. In some cases—as offences take place in different times and contexts—it may not be appropriate to confront a victim who only shortly before experienced a rape offence with many pages of written information to digest. In those cases, a more trauma-informed, verbal approach, under the statutory guidance and supported by a shorter leaflet or booklet, may work better.

In other cases, a victim may have a strong view from the outset that their case should be dealt with in the civilian criminal justice system. Asking that victim to go back through lots of information about the service justice system when it is already known that they have a strongly held preference would be unwelcome, and may prove counterproductive, as the civilian police investigator risks coming across as questioning or disbelieving the victim’s preference, undermining future co-operation with the victim and, ultimately, the successful investigation of the case. I absolutely understand the hon. Member’s intent, and I hope that I have provided some reassurance that guidance will facilitate access to support that is independent of the chain of command, policing and prosecutors.

Amendment 19 is, in some ways, linked to amendment 18, and seeks to ensure that victims have access to independent support before indicating a preference on jurisdiction. We have already begun work with the statutory consultees set out in clause 25 to understand who can support victims to reach a preference on jurisdiction, which will vary across the UK and across the service justice system. Where the victim indicates a preference on whom they wish to discuss jurisdiction with, it should be acted on. For example, when initial contact is made with service police, victims of serious sexual offences may choose to seek support from the Victim Witness Care Unit, which is independent of the chain of command and of service policing. Alternatively, they might wish to discuss the matter with the lead service police investigator. Crucially, the guidance will facilitate access to alternative support in response to the wishes of the victim.

In February 2026, the Government announced that we would launch the independent legal advocacy support programme pilot, which will provide impartial legal support to anyone aged 18 or over, irrespective of whether they are a serviceperson or a civilian. Anyone who reports a sexual offence that has been committed by a serviceperson subject to service law, or a civilian subject to service discipline, when that is being investigated by the service justice system, will qualify for support under the scheme.

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[Al Carns]

At present, service courts are empowered to make a driving disqualification order against an offender in proceedings for a service offence. However, there is no legal mechanism for service courts to reduce that period of disqualification from driving where the offender undertakes an approved course, unlike the civilian justice system. Clause 27 will enable the service courts—the court martial and the service civilian court—to make an order to reduce a period of disqualification from driving where the offender satisfactorily completes an approved course. This new power will be available to a service court where it convicts an offender of a certain road traffic offence, such as drink-driving, and imposes a driving prohibition of 12 months or more. These provisions address a gap in the existing legislation that has meant that the powers of service courts in relation to driving prohibitions are more limited than those of their civilian counterparts. It will ensure that the service courts have the same tools available to them as the civilian courts when dealing with these sorts of cases.

[David Reed]

Clause 27 aligns the service justice system with the civilian courts and introduces a constructive way for offenders to reduce their disqualification period through completion of an approved course. On our side of the Committee we see that as a practical and proportionate reform that supports rehabilitation, encourages personal responsibility and delivers greater consistency across both systems, and we are happy to support it.

[Al Carns]

These provisions address a gap in existing legislation, so I commend them to the Committee.

Question put and agreed to.

Clause 27 accordingly ordered to stand part of the Bill.

Clause 28

Rehabilitation periods

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

[Al Carns]

I will begin with clause 28. The minor service sentences of reduction in rank or disrating, of forfeiture of a specified term of seniority or all seniority, and of service supervision and punishment orders all serve a useful purpose in punishing service personnel. However, these sentences are effectively made redundant by having no rehabilitation period. That undermines the purpose of the punishment, which by its nature is designed to have an impact on an individual’s career. The single services have no opportunity to consider whether administrative action should be taken against a serviceperson because the convictions are considered immediately spent. Administrative action has a range of options and may include assessing whether the nature of the conviction means that the individual is unsuitable for life in the service, or whether they are suitable for promotion during the period of rehabilitation. Considering these options following a conviction is vital to maintain operational effectiveness and the welfare and safety of others in the armed forces.

Clause 28 will establish rehabilitation periods of 12 months for these sentences. As a result, the rehabilitation periods will be harmonised with those for other minor service sentences: custody for one year or less, removal from His Majesty’s service, service detention, reprimand and severe reprimand and a fine. The clause also aligns the rehabilitation periods in Scotland with those in England and Wales. The required amendments relate to differences in terminology. Clause 28 will preserve the intended disciplinary effect within military administrative processes and maintain operational effectiveness and the welfare and safety of others in the armed forces.

I turn to clause 29. The Rehabilitation of Offenders Act 1974 prevents the single services from taking administrative action when a conviction becomes immediately spent. Increasingly, the civilian police in England and Wales issue simple cautions for a wide range of offences, and those cautions are treated as spent right away. As a result, the services are unable to take administrative action in response to conduct that may still be relevant to a role in the armed forces. A single lapse in conduct, however minor it may appear in civilian terms, can have serious consequences in a military environment, where values, standards and cohesion are not optional but fundamental to keeping our people and our nation safe. As we continue to professionalise the armed forces and rebalance the demographic representation, the current approach is increasingly inappropriate, especially where the conduct resulting in a caution is incompatible with the high values and standards expected of our armed forces.

Clause 29 will create an exemption from the Rehabilitation of Offenders Act that enables the single services to place a disclosure obligation on serving members of the armed forces to report spent cautions. Once it is disclosed, the single services will be able to consider the caution and, if necessary, take an appropriate approach to conduct associated with it.

Clause 29 will enable the armed forces to maintain the highest standards, ensuring that every incident is addressed appropriately, that victims are supported, and that we can better retain and recruit our personnel. At a time when we are committed to halving violence against women and girls and to driving up the integrity and professionalisation of our armed forces, this change is not only timely but essential.

[David Reed]

Clauses 28 and 29 are practical and proportionate reforms. Clause 28 defines rehabilitation periods for certain service punishments under the Rehabilitation of Offenders Act 1974. Sanctions such as reduction in rank, forfeiture of seniority and service supervision and punishment orders will no longer be treated as spent. Again, that is a good approach.

Clause 29 will enable the armed forces to require the disclosure of spent cautions issued to service personnel during their service period. I note the points that the Minister raised about the information that may be used by superior officers for administrative rather than disciplinary purposes or to support the maintenance of discipline, operational effectiveness and rehabilitation within the forces. The clause also provides clear definitions of “superior officer” and “administrative action” to ensure consistency in how the relevant provisions are applied. The Opposition support the clauses.

[Al Carns]

This is about improving our service justice system and, of course, the ability of our command chain to enact the highest standards. I commend clauses 28 and 29 to the Committee.

Question put and agreed to.

Clause 28 accordingly ordered to stand part of the Bill.

Clause 29 ordered to stand part of the Bill.

Clause 30

Commissioner’s functions in relation to Royal Fleet Auxiliary

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

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[David Reed]

I will expand on clause 30. I pay tribute to my near-ish neighbour in Cornwall, the hon. Member for Truro and Falmouth, for her work on the issue and how she has progressed it in the House of Commons. I think that clause 30, which will extend the remit of the Armed Forces Commissioner to include the Royal Fleet Auxiliary, reflects a clearer understanding of the role of RFA personnel and the part they play in our national security. It will ensure that those who serve in this unique capacity are afforded a basic safeguard: an independent route through which serious welfare concerns can be raised and addressed.

The Royal Fleet Auxiliary occupies a distinctive and often misunderstood position within His Majesty’s naval service. Its personnel are civilian mariners who operate alongside the Royal Navy in demanding environments. They are not members of the armed forces in a strict legal sense, yet they deploy globally, support military operations and spend long periods at sea under conditions that closely mirror those faced by uniformed personnel.

I have spent nowhere near as much time in the military as the Minister, but I have spent a small amount of time on RFAs. It is difficult to distinguish between members of the RFA and those of the Royal Navy, and the professional standard across both organisations is definitely felt. That reality matters, because the pressures arising from such service are significant: long deployments, separation from family, fatigue and the strain of high-tempo operations can all take their toll. In a period of international conflict, with the multitude of issues coming down the track, I can see those ships and their crews being used even more. Getting this right in the Bill now is massively important.

There can also be issues relating to bullying, harassment and misconduct. Those are real concerns that affect morale and wellbeing. For too long, RFA personnel have lacked a clearly defined, independent mechanism for raising serious welfare concerns beyond existing civil service or employment processes. Clause 30 will address that gap in a proportionate way by providing a credible avenue for concerns to be examined where other routes may be insufficient.

Schedule 4 is key to making this reform workable. It sets out how the commissioner’s functions will apply in practice, including a duty to promote the welfare of RFA personnel and improve public understanding of the issues that they face. Greater visibility will strengthen accountability and support better outcomes. The schedule will also enable the commissioner to investigate general welfare matters affecting the RFA. That will ensure that their role is not limited to individual complaints and that they can identify wider patterns and systemic issues where they arise. That is how effective oversight should operate, and it is what we should expect of people who work with our military in such a close way.

The extension of powers has been designed with care. The RFA is a civilian-manned service, and the safeguards reflect that. The provisions on powers of entry are also essential. The commissioner must be able to visit vessels and premises, examine documents and speak to personnel. Without that, oversight would lack substance. Those powers are rightly subject to safeguards, including restrictions on grounds of national security or safety, and the protection of legal privilege.

I also welcome the amendments relating to reporting and governance. Including RFA functions in the annual reports will strengthen transparency and parliamentary scrutiny. Preventing RFA members from serving as deputy commissioners will help to preserve the independence of the office.

Taken together, these provisions form a coherent and practical framework. They extend meaningful protections to RFA personnel while respecting their unique status. Ultimately, the clause is about fairness and recognition, which is something I think we all agree on. It acknowledges the vital contribution of the Royal Fleet Auxiliary and will ensure that those who serve have confidence that their welfare matters and their concerns will be properly heard.

[Jayne Kirkham (Truro and Falmouth) (Lab/Co-op)]

I feel I should say something about this, as I started it. I did so because I consider Falmouth to be the home of the Royal Fleet Auxiliary’s Bay class ships, as it is where they are maintained and repaired, so the RFA personnel are in great part my constituents.

RFA personnel are fundamental to the Navy and to the military. In many cases, as has been pointed out, they allow them to do their job. Recently, they worked on operations relating to the shadow fleet and protecting cables. One of the Bay class ships became a hospital ship off the west coast of Africa during Ebola. The RFA has played multiple roles, often as the forgotten service; it slips between the civil service and the military. Many in the RFA feel that their work has not been appreciated, so I am pleased that the Government have picked up on that and put this clause in the Armed Forces Bill—it is much appreciated. It is the start of work on building recognition of the RFA and on retention and recruitment within the service, which has struggled of late. I appreciate this measure and am very pleased that it has been included.