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Armed Forces Act 2006

Changes to legislation:

Armed Forces Act 2006, Chapter 1 is up to date with all changes known to be in force on or before 12 December 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Part 8 Chapter 1:

  • specified provision(s) transitional provisions for effects of commencing SI 2009/812 by S.I. 2009/1059 Order

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • Pt. 12A inserted by 2016 c. 21 s. 7
  • s. 50(2)(ca) inserted by 2011 c. 18 Sch. 4 para. 3(3) (This amendment not applied to legislation.gov.uk. Sch. 4 para. 3(3) repealed (8.3.2015) without ever being in force by 2014 c. 12, Sch. 11 para. 82(2); S.I. 2015/373, art. 2(g)(ii))
  • s. 270A 270B inserted by 2008 c. 4 Sch. 25 para. 27 (This amendment not applied to legislation.gov.uk. Sch. 25 para. 26(3)(4) repealed (2.4.2012) by 2011 c. 18, Sch. 3 para. 20(3), Sch. 5; S.I. 2012/669, art. 4(d)(f) (with art. 13))
  • s. 270B(6)(aa) inserted by 2009 c. 25 Sch. 17 para. 9(2) (This amendment not applied to legislation.gov.uk. Sch. 17 para. 9 repealed (2.4.2012) without ever being in force by 2011 c. 18, Sch. 5; S.I. 2012/669, art. 4(f))
  • s. 270B(10) word repealed by 2009 c. 25 Sch. 23 Pt. 5
  • s. 270B(10)(a) words inserted by 2009 c. 25 Sch. 17 para. 9(3)(a) (This amendment not applied to legislation.gov.uk. Sch. 17 para. 9 repealed (2.4.2012) without ever being in force by 2011 c. 18, Sch. 5; S.I. 2012/669, art. 4(f))
  • s. 270B(10)(b) words substituted by 2009 c. 25 Sch. 17 para. 9(3)(b) (This amendment not applied to legislation.gov.uk. Sch. 17 para. 9 repealed (2.4.2012) without ever being in force by 2011 c. 18, Sch. 5; S.I. 2012/669, art. 4(f))
  • s. 270B(10)(c)-(e) inserted by 2009 c. 25 Sch. 17 para. 9(3)(c) (This amendment not applied to legislation.gov.uk. Sch. 17 para. 9 repealed (2.4.2012) without ever being in force by 2011 c. 18, Sch. 5; S.I. 2012/669, art. 4(f))
  • s. 304B inserted by 2016 c. 21 s. 8
  • s. 304C inserted by 2016 c. 21 s. 9
  • s. 304D inserted by 2016 c. 21 s. 10
  • s. 304E inserted by 2016 c. 21 s. 11
  • s. 304F-304H inserted by 2016 c. 21 s. 12
  • Sch. 1 para. 14A inserted by 2019 c. 17 s. 67(2)
  • Sch. 1 para. 16A inserted by 2019 c. 17 s. 67(3)
  • Sch. 1 para. 21-24 inserted by 2019 c. 17 s. 67(4)
  • Sch. 2 para. 12(az) inserted by 2018 c. 5 Sch. 12 para. 28

Chapter 1U.K.Definition etc of Certain Sentences

Service supervision and punishment ordersU.K.

173Service supervision and punishment ordersU.K.

(1)A service supervision and punishment order is an order that—

(a)imposes on the offender, for a period specified in the order, such requirements as regulations made by the Defence Council may prescribe; and

(b)provides that one-sixth of his gross pay for that period is forfeit.

(2)The period specified in the order must be 90, 60 or 30 days beginning with the day the order is made.

(3)The requirements that regulations under this section may prescribe include, in particular—

(a)requirements to perform activities of a prescribed description;

(b)requirements not to use entitlement to leave;

and the descriptions of activities that may be prescribed include extra work and drill.

(4)A requirement included in regulations under this section may be for a person to perform an activity of a prescribed description for up to a prescribed period of time per day, and the regulations may—

(a)confer on the person's commanding officer the function of deciding in respect of any day what activities within the prescribed description must be performed and for how much of the prescribed period of time and when;

(b)provide for the delegation by the commanding officer of any of his functions under the regulations.

(5)Regulations under this section may prescribe different requirements for different parts of the period of the order.

(6)In this section “prescribed” means prescribed by regulations under this section.

Commencement Information

I1S. 173 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2S. 173 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

174Review of service supervision and punishment ordersU.K.

(1)The commanding officer of a person subject to a service supervision and punishment order must, at times prescribed by regulations made by the Defence Council, consider whether the order should continue in force.

(2)If on a review under subsection (1) the commanding officer decides that the order should not continue in force, he must order that it shall immediately cease to have effect.

(3)Regulations made by the Defence Council may—

(a)prescribe criteria to be applied by a commanding officer in deciding whether an order should continue in force;

(b)make provision about procedure in relation to orders under subsection (2).

(4)Where a commanding officer makes an order under subsection (2), there remains forfeit one-sixth of the offender's gross pay for the period—

(a)beginning with the day the service supervision and punishment order is made; and

(b)ending with the day before the date of the commanding officer's order.

Commencement Information

I3S. 174 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I4S. 174 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Service compensation ordersU.K.

175Service compensation ordersU.K.

(1)A service compensation order is an order that requires the offender to pay compensation for any personal injury, loss or damage resulting from—

(a)the offence of which he has been convicted; or

(b)where any other offence is taken into consideration in determining his sentence, any offence so taken into consideration.

(2)A service compensation order must be of such amount as the court considers appropriate, having regard to any evidence and to any representations that are made by or on behalf of the offender or the prosecutor.

(3)In the case of an offence of unlawfully obtaining any property (whether by stealing it, handling it or otherwise), where the property in question is recovered, any damage to the property occurring while it was out of the owner's possession is to be treated for the purposes of this section as having resulted from the offence, however and by whomever the damage was caused.

(4)No service compensation order may be made in respect of—

(a)bereavement;

(b)funeral expenses; or

(c)loss of any other kind suffered by the dependants of a person in consequence of his death.

(5)No service compensation order may be made in respect of injury, loss or damage due to an accident arising out of the presence of a motor vehicle on a road unless—

(a)it is in respect of damage treated by subsection (3) as resulting from an offence of unlawfully obtaining any property; or

(b)it is in respect of injury, loss or damage as respects which—

(i)the offender is uninsured in relation to the use of the vehicle; and

(ii)compensation is not payable under any arrangements to which the Secretary of State is a party.

(6)Where a service compensation order is made in respect of injury, loss or damage due to an accident arising out of the presence of a motor vehicle on a road, the amount to be paid may include an amount representing the whole or part of any loss of or reduction in preferential rates of insurance attributable to the accident.

(7)For the purposes of subsection (5) a person is not uninsured in relation to the use of a vehicle if—

(a)the vehicle is in the public service of the Crown; or

(b)the use of the vehicle is exempted from insurance by section 144 of the Road Traffic Act 1988 (c. 52) or Article 90(2) of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)).

[F1(7A)The court must consider making a service compensation order in any case where it has power to do so.]

(8)The court must give reasons, on passing sentence, if it does not make a service compensation order in a case where it has power to do so.

(9)References in this section to “the court” are references to the court or officer sentencing the offender.

Textual Amendments

Commencement Information

I5S. 175 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I6S. 175 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

176Service compensation orders: appeals etcU.K.

(1)A person in whose favour a service compensation order is made is not entitled to receive the amount due to him until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal which could result in the order being varied or ceasing to have effect.

(2)Where the Supreme Court restores a conviction of a service offence, it may make any service compensation order which the court of trial could have made.

(3)Where a service compensation order has been made against any person in respect of an offence taken into consideration in determining his sentence—

(a)the order ceases to have effect if he successfully appeals against his conviction of the offence or, if more than one, all the offences, of which he was convicted in the proceedings in which the order was made;

(b)he may appeal against the order as if it were part of the sentence imposed in respect of the offence or, if more than one, any of the offences, of which he was so convicted.

Commencement Information

I7S. 176 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I8S. 176 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

177Review of service compensation ordersU.K.

(1)The appropriate court may, on the application of the person against whom a service compensation order was made, discharge the order or reduce the amount which remains to be paid; but this is subject to subsections (2) and (3).

(2)The appropriate court may exercise a power conferred by subsection (1) only at a time when (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal which could result in the order being varied or ceasing to have effect.

(3)The appropriate court may exercise a power conferred by subsection (1) only if it appears to the court—

(a)that the injury, loss or damage in respect of which the service compensation order was made has been held in civil proceedings to be less than it was taken to be for the purposes of the order;

(b)in the case of a service compensation order in respect of the loss of any property, that the property has been recovered by the person in whose favour the order was made; or

(c)that the person against whom the service compensation order was made has suffered a substantial reduction in his means which was unexpected at the time when the order was made, and that his means seem unlikely to increase for a considerable period.

(4)In this section “the appropriate court” means—

(a)if the service compensation order was awarded by an officer and subsection (5) applies, the commanding officer of the person against whom the service compensation order was made;

(b)in any other case, the Court Martial.

(5)This subsection applies if the person against whom the service compensation order was made is for the time being—

(a)subject to service law;

(b)a member of a volunteer reserve force; or

(c)a member of an ex-regular reserve force who is subject to an additional duties commitment.

Commencement Information

I9S. 177 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I10S. 177 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Service community orders (civilians and dismissed servicemen only)U.K.

178Service community ordersU.K.

(1)A service community order is an order—

(a)imposing on the offender one or more of the requirements mentioned in section 177(1) of the 2003 Act (community orders under that Act); and

(b)specifying the local justice area in England and Wales, or (as the case may be) the locality in Scotland or the petty sessions district in Northern Ireland, where the offender resides or will reside.

(2)The power to include in the order one or more of the requirements mentioned in section 177(1) of the 2003 Act is subject to—

(a)any restriction that section 177(1) imposes in relation to a particular requirement;

(b)the provisions of the 2003 Act mentioned in the paragraphs of section 177(2) of that Act; and

(c)section 218 of that Act.

(3)In the following provisions of the 2003 Act “community order” includes a service community order under this Act—

  • section [F2177(2A)] to (6) (provision about the making of community orders);

  • section 178 (power to provide for court review of community orders);

  • Chapter 4 of Part 12 (further provision about orders).

(4)In those provisions in their application in relation to a service community order under this Act, “court” includes a relevant service court.

(5)The following provisions of the 2003 Act do not apply in relation to a service community order under this Act—

  • section 207(3)(a)(ii) (condition for mental health treatment requirement);

  • section 219(3) (requirement to give copy of order to magistrates' court).

(6)For the purposes of this section each of the following is a relevant service court—

(a)the Court Martial;

(b)the Service Civilian Court;

(c)the Court Martial Appeal Court;

(d)the Supreme Court on an appeal brought from the Court Martial Appeal Court.

Textual Amendments

Commencement Information

I11S. 178 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I12S. 178 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

179Periodic review etc of service community ordersU.K.

(1)In section 210 of the 2003 Act (provision for periodic reviews of drug rehabilitation requirement) as it applies to a service community order under this Act—

(a)the court responsible for the order” means the Crown Court; and

(b)subsections (2) to (4) shall be treated as omitted.

(2)Section 211 of that Act (periodic reviews of drug rehabilitation requirement) has effect in its application to such an order as if for subsections (3) to (5) there were substituted—

(3A)If the offender fails to express his willingness to comply with the drug rehabilitation requirement as proposed to be amended by the court, the court may revoke the service community order and deal with him, for the offence in respect of which the order was made—

(a)if that offence is an offence punishable with imprisonment, in any way in which it could deal with him if he had just been convicted before the court of an offence punishable with imprisonment;

(b)if it is not an offence punishable with imprisonment, in any way in which it could deal with him if he had just been convicted before the court of an offence not punishable with imprisonment.

(3B)In dealing with the offender under subsection (3A) the court—

(a)must take into account the extent to which the offender has complied with the requirements of the order, and

(b)where subsection (3A)(a) applies, may impose a sentence of imprisonment notwithstanding anything in section 152(2).

(3C)A term of imprisonment or fine imposed under subsection (3A)—

(a)must not exceed the maximum permitted for the offence in respect of which the order was made, and

(b)where the order was made by the Service Civilian Court, must not exceed—

(i)in the case of a term of imprisonment, 12 months;

(ii)in the case of a fine, the prescribed sum within the meaning of section 32 of the Magistrates' Courts Act 1980 (c. 43).

(3)Where a sentence is passed under section 211(3A) of the 2003 Act as substituted by subsection (2) above, section 9 of the Criminal Appeal Act 1968 (c. 19) (appeal against sentence) applies as if the offender had been convicted on indictment of the offence for which the sentence was passed.

Commencement Information

I13S. 179 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I14S. 179 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

180Transfer of service community order to Scotland or Northern IrelandU.K.

(1)In Schedule 9 to the 2003 Act (transfer of community orders to Scotland or Northern Ireland)—

(a)community order” includes a service community order under this Act; and

(b)in the provisions mentioned in subsection (2), “court” includes a relevant service court.

(2)Those provisions are paragraphs 1(1) and (5), 2(1), 3(1) [F3and (4A)], 4(1), 6, 9 (except 9(b)) and 10(c) and (d).

(3)In its application to a service community order under this Act, that Schedule has effect as if—

(a)the reference in paragraph 9(c) to the powers of the court making or amending the order were to the powers of the Crown Court;

(b)the reference in paragraph 11 to a community order made in England and Wales included a service community order made (anywhere) under this Act;

(c)the reference in paragraph 11 to the court which made the order or the court which last amended the order in England and Wales were to the Crown Court; and

(d)the reference in paragraph 15 to the court which made the order were to the Crown Court.

(4)In this section “relevant service court” has the meaning given by section 178(6).

Textual Amendments

F3Words in s. 180(2) inserted (31.7.2014 only in relation to the South London local justice area for specified purposes until 31.3.2016, 1.4.2016 for specified local justice areas for all purposes other than application by the Armed Forces Act 2006 until 31.3.2018, 1.5.2017 in relation to specified local justice areas for specified purposes until the end of 30.4.2019) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 76(11)(a), 77, 151(3); S.I. 2014/1777, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (30.7.2015) by S.I. 2015/1480, arts. 1, 2 and (30.1.2016) by S.I. 2016/1, arts. 1, 2); S.I. 2016/286, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (31.3.2017) by S.I. 2017/225, arts. 1, 2); S.I. 2017/525, arts. 2, 3, 4(1) (with art. 4(2))

Commencement Information

I15S. 180 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I16S. 180 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

181Breach, revocation or amendment of service community orderU.K.

Part 1 of Schedule 5 (application of Schedule 8 to the 2003 Act to service community orders) has effect.

Commencement Information

I17S. 181 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I18S. 181 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Overseas community orders (civilians only)U.K.

182Overseas community ordersU.K.

(1)An overseas community order is an order—

(a)imposing on the offender one or more of the requirements mentioned in section 177(1) of the 2003 Act (community orders under that Act) [F4(but see subsection (1A) below)]; and

(b)not specifying anywhere as an area where the offender resides or will reside.

[F5(1A)The order may not include a requirement mentioned in section 177(1)(ga) (a foreign travel prohibition requirement) or (ja) (an alcohol abstinence and monitoring requirement).]

(2)The order may include a particular requirement mentioned in section 177(1) of the 2003 Act only if the court is satisfied—

(a)that the requirement, and the arrangements (if any are needed) that will be made in connection with it, are such that the offender will be able to comply with the requirement in the area where he resides or will reside; and

(b)that arrangements will be made for the supervision of his compliance with the requirement.

(3)The power to include in the order one or more of the requirements mentioned in section 177(1) of the 2003 Act is also subject to—

(a)the provisions mentioned in the paragraphs of section 177(2) of that Act; and

(b)Schedule 6 to this Act (special provisions for young offenders).

[F6(3A)In section 177(2A) and (2B) of the 2003 Act (community orders: punitive elements) “community order” includes an overseas community order if the offender is aged 18 or over when convicted of the offence in respect of which the overseas community order is made.]

(4)Subject to section 183 below, in the following provisions of the 2003 Act “community order” includes an overseas order—

  • section 177(5) [F7, (5A), (5B)] and (6) (provision about the making of community orders);

  • Chapter 4 of Part 12 (further provision about orders).

(5)In [F8the provisions of the 2003 Act mentioned in subsections (3A) and (4)] in their application in relation to an overseas community order, “court” includes a relevant service court.

(6)For the purposes of this section each of the following is a relevant service court—

(a)the Court Martial;

(b)the Service Civilian Court;

(c)the Court Martial Appeal Court;

(d)the Supreme Court on an appeal brought from the Court Martial Appeal Court.

Textual Amendments

Commencement Information

I19S. 182 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I20S. 182 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

183Overseas community orders: modifications of 2003 ActU.K.

(1)The following provisions of Chapter 4 of Part 12 of the 2003 Act do not apply in relation to overseas community orders—

  • F9...

  • section 207(3)(a)(ii) (condition for mental health treatment requirement);

  • sections 210 and 211 (periodic review of drug rehabilitation requirement);

  • section 215 (electronic monitoring requirement);

  • section 216 (requirement to specify local justice area);

  • section 218 (availability of arrangements in local justice area etc);

  • [F10section 220A(8) (duty to obtain permission before changing residence: definition of “the appropriate court”);]

[F11(1A)Section 198(1) (duties of responsible officer) has effect as if at the end there were inserted—

(c)where appropriate, to take steps to enforce those requirements.]

F12(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The court by which an overseas community order is made must (as well as complying with so much as is applicable of section 219 of the 2003 Act) provide a copy of the order without delay—

(a)to the offender's commanding officer;

(b)if the offender is aged under 14, to his parent or guardian; and

(c)if the order imposes an education requirement under Schedule 6 to this Act, to Service Children's Education.

[F13(3A)In section 220A of the 2003 Act (duty to obtain permission before changing residence), as it applies to an overseas community order, “the appropriate court” means the court that made the order.]

F14(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9Words in s. 183(1) omitted (1.6.2014) by virtue of Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 6 para. 4(2) (with s. 23(4)); S.I. 2014/1287, art. 2(e)

Commencement Information

I21S. 183 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I22S. 183 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

184Breach, revocation or amendment of overseas community orderU.K.

Part 2 of Schedule 5 (application of Schedule 8 to the 2003 Act to overseas community orders) has effect.

Commencement Information

I23S. 184 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I24S. 184 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Conditional or absolute discharge (civilians only)U.K.

185Conditional or absolute dischargeU.K.

(1)A conditional discharge is an order discharging the offender subject to the condition that he commits no service offence during a period specified in the order.

(2)The period specified in the order (“the period of conditional discharge”) must—

(a)begin with the date of the order; and

(b)not exceed the maximum period for the time being specified in section 12(1)(b) of the Sentencing Act (maximum period of civilian conditional discharge).

(3)An absolute discharge is an order discharging the offender absolutely.

(4)Where by virtue of Schedule 3 a court sentences an offender by conditionally or absolutely discharging him, the sentence must not include any other punishment except a service compensation order.

Commencement Information

I25S. 185 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I26S. 185 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

186Commission of further offence by person conditionally dischargedU.K.

(1)This section applies where a person who has been conditionally discharged by virtue of Schedule 3 is convicted by the Court Martial or the Service Civilian Court (“the convicting court”) of an offence committed during the period of conditional discharge.

(2)If the convicting court is the Court Martial, it may deal with him for the offence for which he was conditionally discharged in any way in which the court that conditionally discharged him could deal with him if it had just convicted him of that offence.

(3)If the convicting court is the Service Civilian Court, it may deal with him for the offence for which he was conditionally discharged in any way in which it could deal with him if it had just convicted him of that offence.

(4)If a person conditionally discharged is subsequently dealt with under this section for the offence in respect of which the order conditionally discharging him was made, that order ceases to have effect.

(5)A person who—

(a)is sentenced by a court under subsection (2) or (3) for an offence for which he was conditionally discharged, and

(b)was not convicted of that offence by that court,

is to be treated, for the purpose of enabling him to appeal against the sentence under section 285 below or the Court Martial Appeals Act 1968 (c. 20), as if he had been so convicted.

(6)Where subsection (3) applies and the offence for which the person was conditionally discharged is not one that the Service Civilian Court would have jurisdiction to try, it shall be assumed for the purposes of that subsection that it could have convicted him of the offence.

Commencement Information

I27S. 186 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I28S. 186 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

187Effect of dischargeU.K.

(1)A conviction of an offence for which an order under section 185 discharging the offender absolutely or conditionally is made shall be deemed not to be a conviction for any purpose other than the purposes of the proceedings in which the order is made and of any subsequent proceedings which may be taken against the offender under section 186.

(2)Where the offender was aged 18 or over at the time of his conviction of the offence in question and is subsequently dealt with under section 186 for that offence, subsection (1) ceases to apply to the conviction.

(3)Without prejudice to subsections (1) and (2), a conviction of an offence for which an order under section 185 discharging the offender absolutely or conditionally is made is in any event to be disregarded for the purposes of any enactment or instrument which—

(a)imposes any disqualification or disability on convicted persons; or

(b)authorises or requires the imposition of any such disqualification or disability.

(4)In subsection (3)—

  • enactment” includes an enactment contained in an Act of the Scottish Parliament, in Northern Ireland legislation or in a local Act;

  • instrument” means an instrument having effect by virtue of an Act or Northern Ireland legislation (and “Act” here includes an Act of the Scottish Parliament).

(5)Subsections (1) to (4) do not affect—

(a)any appeal, whether against conviction or otherwise;

(b)any right of the offender to rely on his conviction in bar of any subsequent proceedings for the same offence; or

(c)the restoration of any property in consequence of the conviction.

Modifications etc. (not altering text)

Commencement Information

I29S. 187 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I30S. 187 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

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