Coroners and Justice Act 2009

Availability of community orders

9 (1) Section 270B of the Armed Forces Act 2006 (c. 52) (community punishment for offender previously fined) is amended as follows.

(2) In subsection (6) omit “or” at the end of paragraph (a) and insert—

“(aa) a conviction by a court in any member State other than the United Kingdom of a relevant offence; or”.

(3) In subsection (10)—

(a) in paragraph (a) after “offence” insert “or a member State service offence”;

(b) in paragraph (b) for “such proceedings” substitute “proceedings in respect of a service offence”;

(c) after that paragraph insert—

“(c) relevant offence” means an offence that would constitute an offence under the law of any part of the United Kingdom if it were done in that part at the time of the conviction of the defendant for the current offence;

(d) “member State service offence” means an offence which—

(i) was the subject of proceedings under the service law of a member State other than the United Kingdom, and

(ii) would constitute an offence under the law of any part of the United Kingdom, or a service offence, if it were done in any part of the United Kingdom, by a member of Her Majesty’s forces, at the time of the conviction of the defendant for the current offence;

(e) “the service law of a member State other than the United Kingdom” means the law governing all or any of the naval, military or air forces of that State.”