C1Part 8Sentencing Powers and Mandatory etc Sentences
Chapter 1Definition etc of Certain Sentences
Overseas community orders (civilians only)
I1I3182Overseas community orders
1
An overseas community order is an order—
a
b
not specifying anywhere as an area where the offender resides or will reside.
F11A
The order may not include F7any of the following—
a
a foreign travel prohibition requirement;
b
an alcohol abstinence and monitoring requirement;
c
an electronic compliance monitoring requirement;
d
an electronic whereabouts monitoring requirement.
C22
The order may include a particular requirement F6... 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.
F83
The following provisions of the Sentencing Code apply in relation to an overseas community order under this Act—
a
section 203 (restriction on making both community order and suspended sentence order);
b
sections 206 and 207(3) (community order: available requirements);
c
section 208(2) and Schedule 9 (requirements relating to community orders), other than the following provisions of that Schedule—
i
paragraph 3(1)(b) (unpaid work requirement: availability of arrangements);
ii
paragraph 10(3) (requirement to impose electronic monitoring requirement when imposing curfew requirement);
iii
paragraph 12 (requirement to impose electronic monitoring requirement when imposing exclusion requirement);
iv
paragraph 15 (foreign travel prohibition requirement);
v
paragraph 17(2)(c) (condition for mental health treatment requirement);
vi
paragraphs 21 and 22 (periodic review of drug rehabilitation requirement);
vii
paragraphs 25 and 26 (alcohol abstinence and monitoring requirement);
viii
paragraph 28(a) (availability of attendance centre);
ix
paragraphs 29 to 35 (electronic monitoring);
d
section 208(10) to (14) (further requirements) (see also the modifications to section 208(11) made by section 183(2) of this Act);
e
section 209 (end date);
f
section 212(1) to (3) and (5) (provision of copies) (see also the modifications made to section 212 by section 183(3) of this Act);
g
sections 213 to 216 (obligations of responsible officer and offender) (see also the modifications made to sections 214 and 216 by section 183(4) and (5) of this Act);
h
section 218 and Schedule 10 (breach, revocation or amendment of community order) (see also the modifications to Schedule 10 made by Schedule 6A to this Act);
i
section 220 (when order ceases to be in force);
j
section 394 (rules relating to community orders).
4
In the application of those provisions to an overseas community order, references to a community order include an overseas community order.
5
In the application of those provisions to an overseas community order, other than in Schedule 10, references to a court include a relevant service court.
See Schedule 6A to this Act as regards references to a court in Schedule 10.
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.
183F3Overseas community orders: modifications of the Sentencing Code
1
The provisions of the Sentencing Code mentioned in section 182(3) apply in relation to an overseas community order with the modifications set out in subsections (2) to (5).
2
Section 208(11) has effect as if, before paragraph (a) there were inserted—
za
the offender is aged under 18 when convicted of the offence in respect of which the order is made;
3
Section 212 (provision of copies of community order and related documents) has effect as if, in subsection (2), for paragraphs (a) to (d) there were substituted—
a
to the offender,
b
to the offender's commanding officer,
c
if the offender is aged under 14, to the offender's parent or guardian,
d
if the order imposes an education requirement under Schedule 6 to the Armed Forces Act 2006, to Service Children's Education,
e
to the responsible officer, and
f
to an officer of a provider of probation services that is a public sector provider who is acting at the court.
4
Section 214 (obligations of responsible officer) has effect as if, at the end of subsection (2) there were inserted
, and
c
where appropriate, to take steps to enforce those requirements.
5
Section 216 (duty of offender to obtain permission before changing residence) has effect as if, in subsection (4), for the words from “has the same meaning” to the end, there were substituted “
means the court that made the order
”
.
6
Schedule 6 makes provision about the application of the provisions of the Sentencing Code mentioned in section 182(3) where an overseas community order relates to a young offender.
I2I4184Breach, revocation or amendment of overseas community order
F4Schedule 6A (application of Schedule 10 to the Sentencing Code to overseas community orders) has effect.
Pt. 8 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(2)