Armed Forces Act 2006

Section 182

SCHEDULE 6 Overseas community orders: young offenders

Unpaid work requirement

1 An unpaid work requirement, as defined by section 199 of the 2003 Act, may not be included in an overseas community order if the offender is aged under 16 on conviction.

Exclusion requirement

2 Where an exclusion requirement, as defined by section 205 of the 2003 Act, is included in an overseas community order made in respect of an offender aged under 18 on conviction, the period specified in the order must not exceed three months.

Residence requirement

3 (1) In relation to an overseas community order made in respect of an offender aged under 18 on conviction, section 206(1) of the 2003 Act (residence requirement) has effect as if after the words “at a place specified in the order” there were added “or with an individual so specified”.

(2) A requirement that a person reside with an individual must not be included in an overseas community order unless the individual has consented to the requirement.

(3) Nothing in section 206(2) to (4) of the 2003 Act applies in relation to a requirement in an overseas community order that a person reside with an individual.

(4) A requirement that a person reside at a specified place must not be included in an overseas community order if the offender is aged under 16 on conviction.

(5) In sub-paragraphs (2) to (4), references to a requirement are to a requirement under section 206(1) of the 2003 Act as modified by this paragraph.

Mental health requirement

4 (1) In section 207(3) of the 2003 Act as it applies in relation to an overseas community order, paragraph (c) (consent of offender to mental health requirement) does not apply if the offender is aged under 14.

(2) In section 208(1) of the 2003 Act as it applies in relation to an overseas community order (mental health treatment at place not specified in order), the words “with the consent of the offender” do not apply if the offender is aged under 14.

Drug rehabilitation requirement

5 (1) In relation to an overseas community order made in respect of an offender aged under 18 on conviction, section 209(1) of the 2003 Act (drug rehabilitation requirement) has effect as if paragraph (b) (requirement to provide samples) were omitted.

(2) But sub-paragraph (1) does not apply where—

(a) the offender is aged 14 or over; and

(b) has expressed his willingness to provide samples as mentioned in section 209(1)(b) of the 2003 Act.

(3) In section 209(2) of the 2003 Act as it applies in relation to an overseas community order, paragraph (d) (consent of offender to drug rehabilitation requirement) does not apply if the offender is aged under 14.

(4) Section 209(3) of the 2003 Act (treatment and testing period must be at least six months) does not apply in relation to an overseas community order made in respect of an offender aged under 18 on conviction.

Alcohol treatment requirement

6 An alcohol treatment requirement, as defined by section 212 of the 2003 Act, may not be included in an overseas community order if the offender is aged under 18 on conviction.

Education requirement

7 (1) An overseas community order made in respect of an offender aged under 18 on conviction may include a requirement (an “education requirement”) requiring the offender to comply, during a period or periods specified in the order, with arrangements for his education—

(a) made for the time being by his parent or guardian; and

(b) approved by Service Children’s Education (“SCE”).

(2) A court may not include an education requirement in an overseas community order unless it has consulted SCE and is satisfied—

(a) that, in the view of SCE, arrangements exist for the offender to receive efficient full-time education suitable to his age, ability and aptitude and to any special educational need he may have; and

(b) that, having regard to the circumstances of the case, the inclusion of the requirement is necessary for securing the good conduct of the offender or for preventing the commission of further offences.

(3) Any period specified in an overseas community order as one during which the offender must comply with arrangements made for his education must not include any period after he has ceased to be of compulsory school age (within the meaning of section 8 of the Education Act 1996 (c. 56)).

(4) An education requirement under this paragraph may (despite section 182(1)(a)) be the only requirement imposed by an overseas community order.

Power to amend

8 The powers of the Secretary of State under section 223 of the 2003 Act (powers to amend limits) include power by order to amend paragraph 2 of this Schedule by substituting for the maximum period for the time being specified in that paragraph such other period as may be specified in the order.