Armed Forces Act 2006

Section 206

SCHEDULE 7 Suspended prison sentence: further conviction or breach of requirement

Part 1 Introductory

Suspended sentence order with community requirements

1 Part 2 of Schedule 12 to the 2003 Act (breach of community requirement, or further conviction) has effect in its application to a suspended sentence order with community requirements made by a relevant service court—

(a) as if paragraphs 3, 4(4), 5(2), 6, 8(4A), (6) and (7) and 12(4) of that Schedule were omitted; and

(b) with the modifications in paragraphs 4 to 9 of this Schedule.

Suspended sentence order without community requirements

2 (1) In its application to a suspended sentence order without community requirements, Part 2 of Schedule 12 to the 2003 Act has effect—

(a) as if the provisions of that Schedule mentioned in sub-paragraph (2) below were omitted; and

(b) with the modifications in paragraphs 6 to 9 of this Schedule.

(2) The provisions referred to in sub-paragraph (1)(a) above are—

(a) paragraphs 3 to 7 and 10;

(b) in paragraph 8—

(i) paragraph (a) of each of sub-paragraphs (1) and (4);

(ii) sub-paragraphs (i) and (ii) of sub-paragraph (2)(c);

(iii) sub-paragraphs (4A), (6) and (7);

(c) paragraph 12(4).

Meaning of “court”

3 A relevant service court is a “court” for the purposes of—

(a) Part 2 of Schedule 12 to the 2003 Act as it applies in relation to a suspended sentence passed by a relevant service court;

(b) paragraph 22 of that Schedule (as modified by section 205(1) of this Act) as it applies to an order under Part 2 of that Schedule amending a suspended sentence order with community requirements made by a relevant service court.

Part 2 Modifications referred to in Part 1

Breach of community requirements

4 Paragraphs 4(1)(b) and 5(1) of Schedule 12 to the 2003 Act (warning and laying of information) have effect in relation to a suspended sentence order with community requirements made by a relevant service court as if the references to a justice of the peace were to the Crown Court.

5 Paragraph 7 of that Schedule (issue of summons or warrant for breach) applies to such an order as it applies to an order mentioned in sub-paragraph (1) of that paragraph.

Conviction of further offence

6 Paragraph 8(1)(b) of that Schedule (powers on conviction of further offence) has effect in relation to a suspended sentence passed by a relevant service court as if—

(a) the reference to an offence were to a service offence or an offence in the British Islands;

(b) in sub-paragraph (i) the reference to a court having power under paragraph 11 to deal with the offender in respect of the suspended sentence were to the Crown Court, the Court Martial or the Service Civilian Court;

(c) in sub-paragraph (ii) the reference to such a court were to the Court Martial.

7 Paragraph 11 of that Schedule (courts with powers under paragraph 8(1)(b), etc) has effect in relation to a suspended sentence passed by a relevant service court as if for it and the heading before it there were substituted—

“Conviction by magistrates' court of further offence

11 Where a magistrates' court in England or Wales convicts an offender of any offence and is satisfied that the offence was committed during the operational period of a suspended sentence passed by a relevant service court (within the meaning of the Armed Forces Act 2006), it must notify the appropriate officer of the Court Martial of the conviction.”

8 (1) Paragraph 12 of that Schedule (procedure where convicting court does not deal with suspended sentence) has effect in relation to a suspended sentence passed by a relevant service court as if for sub-paragraphs (1) and (2) there were substituted—

“(2A) If it appears to the Court Martial—

(a) that an offender has been convicted in the British Islands of an offence committed during the operational period of a suspended sentence passed by a relevant service court, or has been convicted of a service offence committed during that period, and

(b) that he has not been dealt with in respect of the suspended sentence,

the court may issue a summons requiring him to appear at the place and time specified in it, or a warrant for his arrest.

(2B) In sub-paragraph (2A) “relevant service court” and “service offence” have the same meanings as in the Armed Forces Act 2006.”

(2) In paragraph 12(3) of that Schedule (Scottish or Northern Ireland court convicting of further offence must notify English court)—

(a) the reference to a suspended sentence passed in England or Wales includes a reference to a suspended sentence passed (anywhere) by a relevant service court; and

(b) the reference to the court by which the suspended sentence was passed has effect, in relation to a suspended sentence passed by any relevant service court, as a reference to the Court Martial.

(3) Paragraph 12(5) of that Schedule has effect in relation to a summons or warrant issued under paragraph 12(2A) as if the reference to the court by which the suspended sentence was passed were a reference to the Court Martial.

Activation of suspended sentence: appeals etc

9 (1) Where an order under paragraph 8(2)(a) or (b) of that Schedule is made by the Court Martial or the Service Civilian Court, paragraph 9 of that Schedule has effect as if—

(a) sub-paragraph (1)(a) conferred on the court a power rather than a duty to make a custody plus order; and

(b) for sub-paragraphs (2) and (3) there were substituted—

“(2) The reference in sub-paragraph (1)(b) to another term of imprisonment does not include a term from which the offender has been released early under Chapter 6 of Part 12.

(3) For the purposes of sections 285 to 287 (appeals from Service Civilian Court) or, as the case may be, the Court Martial Appeals Act 1968 (c. 20)—

(a) an order made by the Court Martial or the Service Civilian Court under paragraph 8(2)(a) or (b) is to be treated as a sentence passed on the offender, by the court that made that order, for the offence for which the suspended sentence was passed; and

(b) if the offender was not convicted of that offence by that court he is to be treated for the purpose of enabling him to appeal against the order as if he had been so convicted.

(4) For the purposes of any appeal against the order, references in section 16A of the Court Martial Appeals Act 1968 to passing a sentence include making an order.”

(2) Where an order under paragraph 8(2)(a) or (b) of that Schedule is made by the Crown Court in relation to a suspended sentence passed by a relevant service court, paragraph 9 of that Schedule has effect as if for sub-paragraph (3) there were substituted—

“(3) For the purposes of any enactment conferring rights of appeal against sentence in criminal cases—

(a) an order made by the Crown Court under paragraph 8(2)(a) or (b) is to be treated as a sentence passed on the offender by the Crown Court for the offence for which the suspended sentence was passed; and

(b) the offender is to be treated as if he had been convicted on indictment of that offence.”