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Armed Forces Act 2006

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This is the original version (as it was originally enacted).

Re-sentencing powers

This section has no associated Explanatory Notes

8(1)This paragraph applies for the purposes of construing the powers conferred on the Crown Court by paragraphs 10(1)(b), 14(2)(b)(ii), 17(3)(b) and 23(2)(b)(ii) of Schedule 8 to the 2003 Act to deal with the offender, for the offence in respect of which the order was made, in any way in which he could have been dealt with for that offence by the court which made the order.

(2)Each of those powers shall be construed in relation to a service community order under this Act as a power to deal with the offender, for the offence in respect of which the order was made—

(a)if that offence is an offence punishable with imprisonment, in any way in which the Crown Court could deal with him if he had just been convicted before that court of an offence punishable with imprisonment;

(b)if it is not an offence punishable with imprisonment, in any way in which the Crown Court could deal with him if he had just been convicted before that court of an offence not punishable with imprisonment.

(3)A term of imprisonment or fine imposed by virtue of this paragraph—

(a)must not exceed the maximum permitted for the offence in respect of which the order was made; and

(b)where the order was made by the Service Civilian Court, must not exceed—

(i)in the case of a term of imprisonment, 12 months;

(ii)in the case of a fine, the prescribed sum.

(4)In relation to a service community order under this Act, the references in paragraphs 10(4) and 17(4)(b) of that Schedule to a custodial sentence are to be read as references to a sentence of imprisonment.

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