Indeed. That clause deals with misconduct on operations. We do not need the provision in clause 8 as well, as it will allow the legal authorities to cherry pick which sentence to apply. They will choose the harshest sentence if they want to.
Clause 8(3) deals with the definitions of ““relevant service””, and includes"““actions or operations against an enemy””."
But it is no longer clear-cut who the enemy is, as we no longer officially declare war.
Armed Forces Bill
Proceeding contribution from
Harry Cohen
(Labour)
in the House of Commons on Monday, 22 May 2006.
It occurred during Debate on bills on Armed Forces Bill.
Type
Proceeding contribution
Reference
446 c1215-6 
Session
2005-06
Chamber / Committee
House of Commons chamber
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