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SCHEDULES

SCHEDULE 3Required custodial sentences

Army Act 1955 (c. 18) and Air Force Act 1955 (c. 19)

4In paragraph 3 of Schedule 5A to each of the 1955 Acts (powers of court on trial of civilian)—

(a)in sub-paragraph (1) (absolute and conditional discharge of civilians) for the words “(not being an offence the sentence for which is fixed by law or falls to be imposed under section 70(3A) above) may” there is substituted “may (subject to sub-paragraph (1A) below)”, and

(b)after that sub-paragraph there is inserted—

(1A)No order may be made under this paragraph if—

(a)the offence of which the civilian is found guilty is an offence against section 70 of this Act where the corresponding civil offence is one for which the sentence is fixed by law, or

(b)the civilian is a person to whom subsection (3B), (3E) or (3G) of that section applies and the court-martial is not of the opinion mentioned in that subsection.