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SCHEDULES

Section 164

SCHEDULE 3U.K.Civilians etc: modifications of Court Martial sentencing powers

Part 1U.K.Civilian offenders

1(1)In relation to a civilian offender, section 164 (punishments available to Court Martial) has effect as if subsections (4), (6) and (7) were omitted and as if for the Table there were substituted—U.K.

TABLE

Row NumberPunishmentLimitation
1imprisonment 
2a fine 
3a service community order (defined by section 178)only if subsection (5) permits
4an overseas community order (defined by section 182)only if it appears to the court that the offender will reside outside the United Kingdom when the order is in force
5a conditional discharge (defined by section 185) 
6an absolute discharge (defined by section 185) 
7a service compensation order (defined by section 175) 
[F18 a deprivation order (defined by section 177B)only if section 177C permits]
[F29 a driving disqualification order (defined by section 177G)only if subsection (5A) permits]

(2)A person is a “civilian offender” for the purposes of this Part of this Schedule if he has committed a service offence and—

(a)he was a civilian when he committed the offence;

(b)he is a civilian when sentenced for the offence; and

(c)he remained a civilian throughout the period between committing the offence and being sentenced.

(3)In sub-paragraph (2) “a civilian” means a person who is—

(a)not a member of the regular forces;

(b)not a member of the reserve forces; and

(c)not liable to recall.

(4)For the purposes of this paragraph a person is “liable to recall” if—

(a)under section 65(1) of the Reserve Forces Act 1996 (c. 14) he is liable to be recalled for service; or

(b)he is liable to be recalled as mentioned in section 35(1) of the Reserve Forces Act 1980 (c. 9).

Textual Amendments

F1Words in Sch. 3 para. 1(1) Table inserted (1.5.2022 for specified purposes, 22.11.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 14(6)(a), 24(1); S.I. 2022/471, reg. 2(f); S.I. 2023/1102, reg. 3

F2Words in Sch. 3 para. 1(1) Table inserted (1.5.2022 for specified purposes, 1.4.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 15(5)(a), 24(1); S.I. 2022/471, reg. 2(f); S.I. 2023/158, reg. 3

Commencement Information

I1Sch. 3 para. 1 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. 3 para. 1 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

2U.K.For the purposes of determining the Court Martial's powers when sentencing a civilian offender for an offence under section 42, section 42(3) (maximum penalties) has effect as if the reference to rows 5 to [F314] were to rows 2 to [F49].

Textual Amendments

F3Word in Sch. 3 para. 2 substituted (1.5.2022 for specified purposes, 1.4.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 6 para. 10(a)(i); S.I. 2022/471, reg. 2(f); S.I. 2023/158, reg. 3

F4Word in Sch. 3 para. 2 substituted (1.5.2022 for specified purposes, 1.4.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 6 para. 10(a)(ii); S.I. 2022/471, reg. 2(f); S.I. 2023/158, reg. 3

Commencement Information

I3Sch. 3 para. 2 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)

I4Sch. 3 para. 2 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Part 2U.K.Ex-servicemen etc

3(1)In relation to an offender to whom this Part of this Schedule applies, section 164 (punishments available to Court Martial) has effect as if subsections (6) and (7) were omitted and as if for the Table there were substituted—U.K.

TABLE

Row NumberPunishmentLimitation
1imprisonment 
2dismissal with disgrace from Her Majesty's serviceonly if the person being sentenced is an officer or a member of the reserve forces
3dismissal from Her Majesty's serviceonly if the person being sentenced is an officer or a member of the reserve forces
4detention for a term not exceeding two yearsnot if the person being sentenced is an officer, or was an officer when last a member of Her Majesty's forces
5reduction in rank, or disratingonly if the person being sentenced is a warrant officer or non-commissioned officer, and not to an extent prohibited by regulations under subsection (4)
6a fine 
7a service community order (defined by section 178)only if subsection (5) permits
8a severe reprimand or a reprimandonly if the person being sentenced is, or was at the time of the offence, an officer, warrant officer or non-commissioned officer
9an absolute discharge (defined by section 185) 
10a service compensation order (defined by section 175) 
[F511 a deprivation order (defined by section 177B)only if section 177C permits]
[F612 a driving disqualification order (defined by section 177G)only if subsection (5A) permits]

(2)A person is an offender to whom this Part of this Schedule applies if when sentenced he is—

(a)not subject to service law;

(b)not a member of a volunteer reserve force;

(c)not a member of an ex-regular reserve force who is subject to an additional duties commitment; and

(d)not a civilian offender for the purposes of Part 1 of this Schedule.

Textual Amendments

F5Words in Sch. 3 para. 3(1) Table inserted (1.5.2022 for specified purposes, 22.11.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 14(6)(b), 24(1); S.I. 2022/471, reg. 2(f); S.I. 2023/1102, reg. 3

F6Words in Sch. 3 para. 3(1) Table inserted (1.5.2022 for specified purposes, 1.4.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 15(5)(b), 24(1); S.I. 2022/471, reg. 2(f); S.I. 2023/158, reg. 3

Commencement Information

I5Sch. 3 para. 3 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)

I6Sch. 3 para. 3 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

4U.K.For the purposes of determining the Court Martial's powers when sentencing an offender to whom this Part of this Schedule applies—

(a)section 25(2) (penalty for misapplying public property etc) has effect as if the reference to rows 2 to 14 were to rows 2 to [F712];

(b)section 35(3) (penalty for annoyance by flying) has effect as if the reference to rows 3 to [F814] were to rows 3 to [F712];

(c)section 42(3) (penalties for criminal conduct offences) has effect as if the reference to rows 5 to [F814] were to rows 5 to [F712];

(d)any provision of regulations under section 328 (enlistment) which provides that an offence is punishable by any punishment mentioned in rows 2 to [F814] of the Table in section 164 has effect as if the reference to rows 2 to [F814] were to rows 2 to [F712];

(e)any provision of regulations under section 343 (service inquiries) which provides that an offence is punishable by any punishment mentioned in rows 7 to 14 of the Table in section 164 has effect as if the reference to rows 7 to 14 were to rows 6 to [F712].

Textual Amendments

F7Word in Sch. 3 para. 4 substituted (1.5.2022 for specified purposes, 1.4.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 6 para. 10(b)(ii); S.I. 2022/471, reg. 2(f); S.I. 2023/158, reg. 3

F8Word in Sch. 3 para. 4 substituted (1.5.2022 for specified purposes, 1.4.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 6 para. 10(b)(i); S.I. 2022/471, reg. 2(f); S.I. 2023/158, reg. 3

Commencement Information

I7Sch. 3 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)

I8Sch. 3 para. 4 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4