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Armed Forces Act 2006

Changes to legislation:

Armed Forces Act 2006, Chapter 2 is up to date with all changes known to be in force on or before 13 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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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.

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Changes and effects yet to be applied to Part 9 Chapter 2:

  • 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 Sch. 4 para. 3(3) repealed (8.3.2015) without ever being in force by 2014 c. 12, Sch. 11 para. 82(2); S.I. 2015/373, art. 2(g)(ii))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 Sch. 25 para. 26(3)(4) repealed (2.4.2012) by 2011 c. 18, Sch. 3 para. 20(3), Sch. 5; S.I. 2012/669, art. 4(d)(f) (with art. 13))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 Sch. 17 para. 9 repealed (2.4.2012) without ever being in force by 2011 c. 18, Sch. 5; S.I. 2012/669, art. 4(f))
  • s. 270B(10) word repealed by 2009 c. 25 Sch. 23 Pt. 5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 Sch. 17 para. 9 repealed (2.4.2012) without ever being in force by 2011 c. 18, Sch. 5; S.I. 2012/669, art. 4(f))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 2U.K.Principles and Procedures applying to Service Courts Only

GeneralU.K.

255Individual sentence for each offenceU.K.

Where the Court Martial or the Service Civilian Court convicts a person, the court must pass a separate sentence in respect of each offence of which he is convicted.

Modifications etc. (not altering text)

Commencement Information

I1S. 255 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. 255 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

256Pre-sentence reportsU.K.

(1)Subject to subsection (2), a court must obtain and consider a pre-sentence report before—

(a)forming any such opinion as is mentioned in—

  • section 242(1) or 243(2) (service detention);

  • section 260(2) or 261(2) (custodial sentence); or

  • section 265(1) (dismissal or dismissal with disgrace);

(b)forming any such opinion as is mentioned in section 270(1) or (2)(b) (community punishment) or any opinion as to the suitability for the offender of the particular requirement or requirements to be included in a community punishment; or

(c)forming the required opinion for the purposes of [F1section 219(1), [F2219A(1)], 221(1) or [F3221A(1)] (sentences for dangerous offenders).]

(2)Subsection (1) does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a pre-sentence report.

(3)Where the offender is aged under 18, the court must not form the opinion mentioned in subsection (2) unless—

(a)there exists a previous pre-sentence report obtained in respect of the offender; and

(b)the court has had regard to the information contained in that report, or, if there is more than one such report, the most recent report.

(4)No sentence is invalidated by a failure of a court to obtain and consider a pre-sentence report before doing any of the things mentioned in paragraphs (a) to (c) of subsection (1).

(5)However, any court on appeal against a custodial sentence in respect of a service offence, a sentence of dismissal or dismissal with disgrace, a sentence of service detention or a community punishment—

(a)must (subject to subsection (6)) obtain a pre-sentence report if none was obtained by the court below; and

(b)must consider any such report obtained by it or by that court.

(6)Subsection (5)(a) does not apply if the court is of the opinion—

(a)that the court below was justified in forming an opinion that it was unnecessary to obtain a pre-sentence report; or

(b)that, although the court below was not justified in forming that opinion, in the circumstances of the case at the time it is before the court it is unnecessary to obtain a pre-sentence report.

(7)Where the offender is aged under 18, the court must not form the opinion mentioned in subsection (6) unless—

(a)there exists a previous pre-sentence report obtained in respect of the offender; and

(b)the court has had regard to the information contained in that report or, if there is more than one such report, the most recent report.

(8)Subsections (5) to (7) do not apply to the Summary Appeal Court on an appeal to it.

(9)Subsections (1) to (4) do apply to the Summary Appeal Court in relation to a sentence of service detention, but as if the opinions referred to in subsection (1)(a) were any such opinion as is mentioned in section 242(4) or 243(3).

[F4(10)The reference in subsection (1)(a) to a court forming any such opinion as is mentioned in section 260(2) or 261(2) includes a court forming such an opinion for the purposes of section 218A(4).]

Textual Amendments

Commencement Information

I3S. 256 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. 256 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

257Pre-sentence reports: supplementaryU.K.

(1)In section 256 and this section “pre-sentence report” has the meaning given by section 158(1) of the 2003 Act.

(2)In section 158(1) of that Act as applied by this section, “an appropriate officer” includes any registered social worker (as well as any person who is an appropriate officer within the meaning given by section 158(2) of that Act).

(3)In this section “registered social worker” means a person registered as a social worker in a register maintained by—

[F5(a)the Health and Care Professions Council;]

(b)the Care Council for Wales;

(c)the Scottish Social Services Council; or

(d)the Northern Ireland Social Care Council.

(4)Section 159(1) to (3) and (5) of the 2003 Act (disclosure of reports) apply in relation to a pre-sentence report obtained by a court for the purposes of section 256 of this Act as they apply in relation to a report obtained by a court for the purposes of section 156 of that Act.

Textual Amendments

Commencement Information

I5S. 257 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. 257 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

258Mentally disordered offenders: requirement for medical reportU.K.

(1)Subject to subsection (2), before passing a custodial sentence for a service offence on an offender who is or appears to be mentally disordered, a court must obtain and consider a medical report.

(2)Subsection (1) does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a medical report.

(3)Before passing a custodial sentence for a service offence on an offender who is or appears to be mentally disordered, a court must consider—

(a)any information before it which relates to his mental condition (whether given in a medical report, a pre-sentence report or otherwise); and

(b)the likely effect of such a sentence on that condition and on any treatment which may be available for it.

(4)No custodial sentence which is passed in a case to which subsection (1) applies is invalidated by a failure of a court to comply with that subsection, but any court on an appeal against such a sentence—

(a)must obtain a medical report if none was obtained by the court below; and

(b)must consider any such report obtained by it or by that court.

(5)In this section—

  • custodial sentence” does not include a custodial sentence fixed by law;

  • medical report” means a report as to an offender's mental condition made or submitted orally or in writing by a registered medical practitioner who is approved for the purposes of section 12 of the Mental Health Act 1983 (c. 20) by the Secretary of State [F6, or by another person by virtue of section 12ZA or 12ZB of that Act,] as having special experience in the diagnosis or treatment of mental disorder.

(6)Nothing in this section is to be taken to limit the generality of—

  • section 256 (pre-sentence reports); or

  • section 260(4) (information to be taken into account).

Textual Amendments

Commencement Information

I7S. 258 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. 258 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

259Sentencing guidelinesU.K.

(1)A court must—

(a)in sentencing an offender for a service offence, have regard to any guidelines that are relevant to the offender's case; and

(b)in exercising any other function relating to the sentencing of offenders for service offences, have regard to any guidelines which are relevant to the exercise of the function.

(2)However, the court may depart from the guidelines mentioned in subsection (1)(a) or (b) if in its opinion the departure is justified by any features of service life or of the service disciplinary system that are relevant to the case.

(3)Subsection (2) does not limit any power existing apart from that subsection to depart from guidelines.

(4)References in subsection (1)(a) and (b) to sentencing an offender for a service offence include making any order when dealing with an offender in respect of such an offence.

[F7(5)In this section “guidelines” means sentencing guidelines issued by the Sentencing Council for England and Wales under section 120 of the Coroners and Justice Act 2009 as definitive guidelines, as revised by any subsequent guidelines so issued.]

Textual Amendments

Commencement Information

I9S. 259 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. 259 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Custodial sentences and service detentionU.K.

260Discretionary custodial sentences: general restrictionsU.K.

(1)This section applies where a court is dealing with an offender for a service offence punishable with a custodial sentence, other than an offence the sentence for which—

(a)is fixed by law; or

(b)falls to be imposed [F8under section [F9224A,] 225(2) or 226(2) of the 2003 Act (as applied by section [F10218A,] 219(2) or 221(2) of this Act) or as a result of any of sections 225 to [F11227A] of this Act.]

(2)The court must not pass a custodial sentence unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was so serious that no less severe sentence can be justified for the offence.

(3)Nothing in subsection (2) prevents the court from passing a custodial sentence where—

(a)the court had proposed to award a community punishment; and

(b)the offender failed to express his willingness to comply with a requirement which the court proposed to include in the community punishment and which required an expression of such willingness.

(4)In forming any such opinion as is mentioned in subsection (2) or section 261(2) (length of sentence), a court must take into account all such information as is available to it about the circumstances of the offence and any associated offence, including any aggravating or mitigating factors.

[F12(4A)The reference in subsection (4) to a court forming any such opinion as is mentioned in subsection (2) or section 261(2) includes a court forming such an opinion for the purposes of section 218A(4).

(4B)The reference in subsection (4) to a court forming any such opinion as is mentioned in section 261(2) also includes a court forming such an opinion for the purposes of section 226A(6) or 226B(4) of the 2003 Act (as applied by section 219A or 221A of this Act).]

(5)For the purposes of this section a sentence falls to be imposed as a result of subsection (2) of section 225, 226 or 227 if it is required by that subsection and the court is not of the opinion there mentioned.

Textual Amendments

Commencement Information

I11S. 260 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. 260 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

261Length of discretionary custodial sentences: general provisionU.K.

(1)This section applies where a court passes a custodial sentence for a service offence, other than a sentence fixed by law or [F13imposed under section [F14224A,] 225 or 226 of the 2003 Act (as applied by section [F15218A,] 219(2) or 221(2) of this Act)].

(2)The custodial sentence must be for the shortest term (not exceeding the permitted maximum) that in the opinion of the court is commensurate with the seriousness of the offence or the combination of the offence and one or more offences associated with it.

(3)Subsection (2) is subject to sections [F16219A, 221A], 225, 226 [F17, 227 and 227A] ([F18sentences that may or must be imposed] for certain offences).

Textual Amendments

Commencement Information

I13S. 261 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. 261 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

262Power to recommend licence conditionsU.K.

In section 238(1) of the 2003 Act (court imposing prison term of 12 months or more may recommend licence conditions) “court” includes a court dealing with an offender for a service offence.

Commencement Information

I15S. 262 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. 262 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

263Restriction on imposing custodial sentence or service detention on unrepresented offenderU.K.

(1)A sentence of—

(a)imprisonment, or

(b)service detention,

must not be passed by the Court Martial or the Service Civilian Court, or passed or confirmed by the Summary Appeal Court, in respect of an offender who is not legally represented in that court.

(2)Subsection (1) does not apply if the offender—

(a)having been informed of his right to apply for legal representation and having had the opportunity to do so, refused or failed to apply; or

(b)was aged 21 or over when convicted, and has previously been sentenced to imprisonment by a civilian court in any part of the United Kingdom or for a service offence [F19, or sentenced to detention by a court in any other member State or for a member State service offence].

(3)The Court Martial or the Service Civilian Court must not—

(a)pass a sentence of detention under section 209 or 218 (young offenders' detention), or

(b)make an order under section 211 (detention and training),

on or in respect of an offender who is not legally represented in that court unless the offender, having been informed of his right to apply for legal representation and having had the opportunity to do so, refused or failed to apply.

(4)For the purposes of this section an offender is “legally represented” in the Court Martial or the Service Civilian Court only if he has the assistance of counsel or a solicitor to represent him in the proceedings in that court at some time after he is found guilty and before he is sentenced.

(5)For the purposes of this section an offender is “legally represented” in the Summary Appeal Court—

(a)in a case where his appeal was only against punishment, if he has the assistance of counsel or a solicitor to represent him at some time during the proceedings in that court;

(b)in any other case, only if he has the assistance of counsel or a solicitor to represent him in the proceedings in that court at some time after the court confirms or substitutes the finding and before it confirms or passes sentence.

(6)For the purposes of subsection (2)(b)—

(a)a previous sentence of imprisonment which has been suspended and has not taken effect is to be disregarded;

(b)sentence of imprisonment” does not include a committal for contempt of court or any kindred offence;

[F20(c)member State service offence” means an offence which—

(i)was the subject of proceedings under the service law of a member State other than the United Kingdom, and

(ii)at the time it was done, would have constituted an offence in any part of the United Kingdom, or a service offence, if it had been done in any part of the United Kingdom by a member of Her Majesty's forces;

(d)service law”, in relation to a member State other than the United Kingdom, means the law governing all or any of the naval, military or air forces of that State.]

Textual Amendments

Commencement Information

I17S. 263 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. 263 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

264Effect of duties to pass custodial sentences on other powers of punishmentU.K.

(1)Where a provision of this Act requires a court to impose a particular custodial sentence in respect of an offence, it is not to be taken to prevent the court from including in its sentence for that offence any other authorised punishment.

(2)In this section an “authorised punishment” means any punishment authorised by this Act apart from—

  • service detention;

  • a service supervision and punishment order;

  • minor punishments;

  • a community punishment;

  • a conditional or absolute discharge.

Commencement Information

I19S. 264 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. 264 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

DismissalU.K.

265Dismissal: general restrictionsU.K.

(1)A court may not pass a sentence of dismissal or dismissal with disgrace in respect of an offence unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was serious enough to warrant such a sentence.

(2)In forming any such opinion as is mentioned in subsection (1), a court must take into account all such information as is available to it about the circumstances of the offence and any associated offence, including any aggravating or mitigating factors.

(3)The Court Martial must not pass a sentence of dismissal or dismissal with disgrace on an offender who is not legally represented in that court.

(4)Subsection (3) does not apply if the offender, having been informed of his right to apply for legal representation and having had the opportunity to do so, refused or failed to apply.

(5)For the purposes of this section an offender is “legally represented” in the Court Martial only if he has the assistance of counsel or a solicitor to represent him in the proceedings in that court at some time after he is found guilty and before he is sentenced.

Commencement Information

I21S. 265 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. 265 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Financial punishmentsU.K.

266Financial statement ordersU.K.

(1)Before sentencing a person who has been convicted of a service offence, a court may make a financial statement order; but this does not apply to the Summary Appeal Court.

(2)A financial statement order is an order requiring the person to give to the court, within such period as may be specified in the order, such a statement of his [F21assets and other] financial circumstances as the court may require.

(3)A person who without reasonable excuse fails to comply with a financial statement order commits an offence and is liable to a fine not exceeding level 3 on the standard scale.

(4)A person who in providing any statement in pursuance of a financial statement order—

(a)makes a statement which he knows to be false in a material particular,

(b)recklessly provides a statement which is false in a material particular, or

(c)knowingly fails to disclose any material fact,

commits an offence and is liable to a fine not exceeding level 4 on the standard scale.

Textual Amendments

Commencement Information

I23S. 266 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. 266 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

267Power of court to remit fineU.K.

(1)This section applies where a court has, in fixing the amount of a fine in respect of a service offence, determined the offender's financial circumstances under section 249(5).

(2)If on subsequently inquiring into the offender's financial circumstances the court is satisfied that had it had the results of that inquiry when sentencing the offender it would—

(a)have fixed a smaller amount, or

(b)not have fined him,

it may remit the whole or part of the fine.

[F22(3)Where under this section the court remits the whole or part of a fine after a term of imprisonment has been fixed under section 269A, it must reduce the term by the corresponding proportion.

(4)In calculating any reduction required by subsection (3), any fraction of a day is to be ignored.]

Textual Amendments

Commencement Information

I25S. 267 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. 267 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

268Order for service parent or service guardian to pay fine or compensationU.K.

(1)This section applies where—

(a)a person aged under 18 is convicted of an offence by the Court Martial or the Service Civilian Court;

(b)he is a civilian subject to service discipline;

(c)he has a service parent or service guardian; and

(d)the court is of the opinion that the case would best be met by the imposition of a fine or the making of a service compensation order (with or without any other punishment).

(2)The court may, and if the offender is under 16 when convicted must, order that the fine or compensation awarded be paid by the service parent or service guardian instead of by the offender himself; but this is subject to subsection (3).

(3)Where (apart from this subsection) the court would be required by subsection (2) to make an order against a service parent or service guardian, the court need not make such an order if it is satisfied—

(a)that no service parent or service guardian can be found; or

(b)that it would be unreasonable to make such an order having regard to the circumstances of the case.

(4)No order may be made under this section without giving the parent or guardian an opportunity of being heard, unless the parent or guardian has failed to attend having been required to do so.

(5)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 under this section is to be treated as a sentence passed on the parent or guardian for the offence; and

(b)the parent or guardian is to be treated for the purpose of enabling him to appeal against the order as if he had been convicted of the offence by the court that made the order.

(6)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.

(7)On an appeal against the order the Court Martial Appeal Court may (as an alternative to exercising its powers under section 16A(2) of that Act) quash the order.

(8)A parent or guardian is a “service parent” or “service guardian” for the purposes of this section if he is a person subject to service law or a civilian subject to service discipline.

Commencement Information

I27S. 268 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. 268 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

269Fixing of fine or compensation to be paid by parent or guardianU.K.

(1)For the purposes of any order under section 268 against the parent or guardian of an offender—

(a)section 249 (fixing of fine) has effect as if any reference to the offender's financial circumstances were to the parent's or guardian's financial circumstances, and as if the reference in subsection (5)(b) to the offender were to the parent or guardian;

(b)section 250(1) (determination of service compensation order) has effect as if any reference to the financial circumstances of the person against whom the service compensation order is made were to the financial circumstances of the parent or guardian;

(c)section 250(2) (preference to be given to compensation if insufficient means to pay both compensation and fine) has effect as if the reference to the offender were to the parent or guardian;

(d)section 267 (power to remit fine) has effect as if any reference to the offender's financial circumstances were to the parent's or guardian's financial circumstances.

(2)Before making an order under section 268 against a parent or guardian, the court may make a financial statement order with respect to him.

(3)In subsection (2) “financial statement order” has the meaning given by subsection (2) of section 266, and subsections (3) and (4) of that section apply in relation to a financial statement order made under this section as they apply in relation to such an order made under that section.

Commencement Information

I29S. 269 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. 269 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

[F23269AFines: fixing of term of imprisonment for defaultU.K.

(1)Where the Court Martial imposes a fine on a person aged 18 or over, the court must make an order fixing a term of imprisonment which the person is to undergo if—

(a)any sum which the person is liable to pay is not duly paid or recovered; and

(b)an enforcement order is made.

(2)The Table in section 139(4) of the Sentencing Act (maximum periods of imprisonment for default), as for the time being in force, applies for the purpose of determining the maximum periods of imprisonment that may be fixed under this section for fines of the amounts set out in that Table.

(3)Where the person mentioned in subsection (1) is sentenced by the court to, or is serving or otherwise liable to serve, a term of—

(a)imprisonment,

(b)detention in a young offender institution, or

(c)detention under section 108 of the Sentencing Act (detention of persons aged 18 to 21 for default or contempt),

the court may order that any term of imprisonment fixed under subsection (1) shall not begin to run until after the end of that other term.

(4)For the purposes of references in subsection (3) to a term of imprisonment or detention which a person has been sentenced to or is serving or liable to serve, consecutive terms and terms which are wholly or partly concurrent are to be treated as a single term.

(5)References in subsection (3) to a term which a person is serving or liable to serve are to a term imposed—

(a)by a relevant service court; or

(b)by a civilian court in any part of the United Kingdom.

(6)In this section—

  • enforcement order” means an order under regulations made under section 322 (orders for enforcement by prescribed courts of fines etc);

  • relevant service court” means the Court Martial, the Service Civilian Court, the Court Martial Appeal Court or the Supreme Court on an appeal brought from the Court Martial Appeal Court.]

Textual Amendments

F23Ss. 269A-269C inserted (1.11.2013) by Armed Forces Act 2011 (c. 18), ss. 16(1), 32(3); S.I. 2013/2501, art. 3(c)

[F23269BService compensation orders: power to set maximum term of imprisonment for defaultU.K.

(1)This section applies where—

(a)the Court Martial makes a service compensation order and the person by whom the compensation is payable is aged 18 or over; and

(b)the court thinks that the usual default term is insufficient.

(2)In subsection (1) “the usual default term” means the period for which the person would be liable to be committed to prison for default if—

(a)an enforcement order were made; and

(b)by virtue of that order, the amount payable under the service compensation order were treated as if it had been a fine imposed on a conviction by a magistrates' court in England and Wales.

(3)Where this section applies, the court may specify a longer period as the maximum term to which the person is liable to be committed to prison for default if an enforcement order is made.

(4)The Table in section 139(4) of the Sentencing Act (maximum periods of imprisonment for default), as for the time being in force, applies for the purpose of determining the maximum periods of imprisonment that may be specified under this section for service compensation orders of the amounts set out in that Table.

(5)In this section “enforcement order” has the same meaning as in section 269A.]

Textual Amendments

F23Ss. 269A-269C inserted (1.11.2013) by Armed Forces Act 2011 (c. 18), ss. 16(1), 32(3); S.I. 2013/2501, art. 3(c)

[F23269COrders under section 269A or 269B against service parents or service guardians: appealsU.K.

(1)This section applies where—

(a)the Court Martial makes an order under section 268 in respect of a fine or service compensation order (fine or compensation to be paid by service parent or service guardian); and

(b)the court also makes an order under section 269A or 269B (“a default term order”) in respect of the parent or guardian (“P”).

(2)For the purposes of the Court Martial Appeals Act 1968—

(a)the default term order is to be treated as a sentence passed on P for the offence in respect of which the fine or service compensation order was imposed; and

(b)P is to be treated, for the purpose of enabling P to appeal against the default term order, as if P had been convicted of the offence by the Court Martial.

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

(4)On an appeal against the default term order, the Court Martial Appeal Court may (as an alternative to exercising its powers under section 16A(2) of that Act) quash the order; but this is subject to subsection (5).

(5)If the default term order was made under section 269A, the power under subsection (4) may only be exercised if the court also quashes the order under section 268.]

Textual Amendments

F23Ss. 269A-269C inserted (1.11.2013) by Armed Forces Act 2011 (c. 18), ss. 16(1), 32(3); S.I. 2013/2501, art. 3(c)

Community punishmentsU.K.

270Community punishments: general restrictions etcU.K.

(1)A court must not award a community punishment in respect of an offence unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was serious enough to warrant such a punishment.

(2)Where a court awards a community punishment—

(a)the particular requirement (or requirements) included in the order must be such as the court considers the most suitable for the offender; and

(b)the restrictions on liberty imposed by the order must be such as in the opinion of the court are commensurate with the seriousness of the offence, or the combination of the offence and one or more offences associated with it.

[F24(2A)Subsection (2) is subject to section 177(2A) of the 2003 Act (community orders: punitive elements) as applied by section 178(3) and section 182(3A).]

(3)In forming any such opinion as is mentioned in subsection (1) or (2)(b), a court must take into account all such information as is available to it about the circumstances of the offence and any associated offence, including any aggravating or mitigating factors.

(4)In forming an opinion for the purposes of subsection (2)(a) the court may take into account any information about the offender which is before it.

(5)In determining the restrictions on liberty to be imposed by a community punishment in respect of an offence, the court may have regard to any period for which the offender has, since being charged with the offence or any related offence, been kept in service custody in connection with the offence or any related offence.

(6)In subsection (5) “related offence” has the meaning given by section 247.

[F25(6A)The fact that by virtue of any provision of this section—

(a)a community punishment may be awarded in respect of an offence, or

(b)particular restrictions on liberty may be imposed by a community punishment,

does not require a court to award such a punishment or to impose those restrictions.]

[F26(7)Subsections (1) and (2)(b) are subject to section 270A.]

Textual Amendments

F26S. 270(7) substituted for s. 270(7)(8) (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 20(1); S.I. 2012/669, art. 4(d)

Commencement Information

I31S. 270 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)

I32S. 270 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

[F27270AException to restrictions on community punishmentsU.K.

(1)If the conditions in subsection (2) are met, the power to award a community punishment in respect of an offence (“the current offence”) may be exercised even though the court would not otherwise regard—

(a)the current offence, or

(b)the combination of the current offence and one or more offences associated with it,

as serious enough to warrant a community punishment (despite the effect of section 238(1)(b)).

(2)The conditions referred to in subsection (1) are—

(a)that the offender was aged 16 or over when convicted of the current offence;

(b)that on three or more previous occasions the offender has been awarded a relevant financial penalty; and

(c)that the court, having regard to all the circumstances, considers that it would be in the interests of justice to award a community punishment.

(3)In subsection (2)(b) a “relevant financial penalty” means a sentence consisting only of a fine—

(a)passed on the offender in respect of a service offence, or member State service offence, committed by the offender when aged 16 or over;

(b)passed on the offender on conviction by a civilian court in the British Islands of an offence so committed; or

(c)passed on the offender on conviction by a civilian court in another member State of a relevant offence so committed.

(4)For the purposes of subsection (2)(b) it is immaterial whether the offender has on other previous occasions been awarded a sentence other than a relevant financial penalty.

(5)The circumstances which must be had regard to under subsection (2)(c) include—

(a)the nature of the offences for which the relevant financial penalties were awarded;

(b)the relevance of those offences to the current offence; and

(c)the time that has elapsed since those penalties were awarded.

(6)For the purposes of subsection (3), none of the following forms part of an offender's sentence—

(a)a service compensation order;

(b)a compensation order under—

(i)section 130 of the Sentencing Act;

(ii)section 249 of the Criminal Procedure (Scotland) Act 1995; or

(iii)Article 14 of the Criminal Justice (Northern Ireland) Order 1994;

(c)a surcharge under section 161A of the 2003 Act [F28;

(d)an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.]

(7)This section does not limit the extent to which a court may, in accordance with section 238, treat previous convictions of the offender as increasing the seriousness of an offence.

(8)In this section—

(a)member State service office” means an offence which—

(i)was the subject of proceedings under the law governing all or any of the naval, military or air forces of a member State other than the United Kingdom; and

(ii)would constitute a service offence or an offence under the law of any part of the United Kingdom if it were committed in any part of the United Kingdom, by a person subject to service law, at the time of the conviction of the current offence;

(b)relevant offence” means an offence which would constitute an offence under the law of any part of the United Kingdom if it were committed in any part of the United Kingdom at the time of the conviction of the current offence.]

Textual Amendments

F28S. 270A(6)(d) inserted (15.10.2013 for E., 5.11.2013 for W.) by Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 31; S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2

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