Armed Forces Act 2006 (c. 52)

SCHEDULES

[F1 SCHEDULE 7 U.K. Suspended sentence orders: breach or amendment; effect of further conviction

Textual Amendments

F1 Sch. 7 substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 26 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Breach of community requirement or conviction of further offence U.K.

5 U.K. Paragraph 12 (offender before Crown Court: breach of community requirement or further conviction) has effect as if—

(a) in the heading, after “Crown Court” there were inserted “ , Court Martial or Service Civilian Court ”;

(b) in sub-paragraph (1)(b), the words “or (3)” were omitted;

(c) in sub-paragraph (2), paragraph (a)(iii) (but not the “and” following it) were omitted;

(d) for sub-paragraph (3) there were substituted—

“(3) Where—

(a) an offender to whom a suspended sentence order relates is convicted of a service offence or an offence under the law of any part of the British Islands that was committed during the operational period of the order,

(b) the suspended sentence order has not taken effect, and

(c) either—

(i) the offender is so convicted by the Crown Court, the Court Martial or the Service Civilian Court, or

(ii) the offender subsequently appears or is brought before the Court Martial,

the court must deal with the case under paragraph 13.

(3A) Anything that under section 376(1) and (2) of the Armed Forces Act 2006 is treated as a conviction for the purposes of that Act is also to be treated as a conviction for the purposes of sub-paragraph (3).”]