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7(1)Section 4 (general restrictions on return) shall be amended as follows.
(2)The following paragraph shall be inserted after paragraph (a) of subsection (1)—
“(aa)that it is an offence under military law which is not also an offence under the general criminal law;”.
(3)In subsection (3)—
(a)for the words “been restored or had an opportunity of returning to the United Kingdom” there shall be substituted the words “had an opportunity to leave that country”;
(b)in paragraph (a), for the word “requested” there shall be substituted the word “ordered”;
(c)the following paragraph shall be substituted for paragraph (b)—
“(b)a lesser offence, other than an offence excluded by subsection (3A) below, which is disclosed by the facts in respect of which his return was ordered; or”; and
(d)at the beginning of paragraph (c) there shall be inserted the words “subject to subsection (3B) below,”.
(4)The following subsections shall be inserted after that subsection—
“(3A)The offences excluded from paragraph (b) of subsection (3) above are offences in relation to which an order for the return of the person concerned could not lawfully be made.
(3B)The Secretary of State may not give consent under paragraph (c) of that subsection in respect of an offence in relation to which it appears to him that an order for the return of the person concerned could not lawfully be made, or would not in fact be made.”.
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