4(1)Section 20 of that Act (content and effect of protection orders) is amended as follows.U.K.
(2)In subsection (4) for “officer” substitute “ judge advocate ”.
(3)In subsection (6)(b)(iii) for “the officer having jurisdiction” substitute “ a judge advocate ”.
(4)For subsections (9) and (10) substitute—
“(9)A person subject to service law, or a civilian subject to service discipline, commits an offence if he—
(a)intentionally obstructs any person exercising the power under subsection (2)(b) above to remove, or prevent the removal of, a child; or
(b)intentionally fails to comply with an exclusion requirement included in a protection order by virtue of section 20A below.
(9A)A person guilty of an offence under this section is liable to any punishment mentioned in rows 5 to 12 of the Table in section 164 of the Armed Forces Act 2006.
(9B)For the purposes of determining the court's powers when sentencing a civilian offender (within the meaning of Part 1 of Schedule 3 to the Armed Forces Act 2006) for an offence under this section, subsection (9A) has effect as if the reference to rows 5 to 12 were to rows 2 to 7.
(9C)For the purposes of determining the court's powers when sentencing an offender to whom Part 2 of that Schedule applies (ex-servicemen etc) for an offence under this section, subsection (9A) has effect as if the reference to rows 5 to 12 were to rows 5 to 10.”
Commencement Information
I1Sch. 13 para. 4 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)
I2Sch. 13 para. 4 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4