This section has no associated Explanatory Notes
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—
“TABLE
| Row Number | Punishment | Limitation |
|---|---|---|
| 1 | imprisonment | |
| 2 | dismissal with disgrace from Her Majesty’s service | only if the person being sentenced is an officer or a member of the reserve forces |
| 3 | dismissal from Her Majesty’s service | only if the person being sentenced is an officer or a member of the reserve forces |
| 4 | detention for a term not exceeding two years | not if the person being sentenced is an officer, or was an officer when last a member of Her Majesty’s forces |
| 5 | reduction in rank, or disrating | only if the person being sentenced is a warrant officer or non-commissioned officer, and not to an extent prohibited by regulations under subsection (4) |
| 6 | a fine | |
| 7 | a service community order (defined by section 178) | only if subsection (5) permits |
| 8 | a severe reprimand or a reprimand | only if the person being sentenced is, or was at the time of the offence, an officer, warrant officer or non-commissioned officer |
| 9 | an absolute discharge (defined by section 185) | |
| 10 | a service compensation order (defined by section 175)” |
(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.