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Offender Rehabilitation Act 2014

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Section 19

SCHEDULE 6E+W+S+N.I.Offenders sentenced by service courts

This schedule has no associated Explanatory Notes

1The Armed Forces Act 2006 is amended as follows.E+W+S+N.I.

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Commencement Information

I1Sch. 6 para. 1 in force at 1.2.2015 by S.I. 2015/40, art. 2(w)

Supervision and release of offenders sentenced to less than 2 yearsE+W+S+N.I.

2In section 213(1) (application of provisions relating to civilian detention and training orders to service detention and training orders), for “106A and 107” substitute “ 106A to 107 ”.E+W+S+N.I.

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Commencement Information

I2Sch. 6 para. 2 in force at 1.2.2015 by S.I. 2015/40, art. 2(w)

Recall and further release of offendersE+W+S+N.I.

3In section 246(2C) (time in service custody not to count as time served for purposes of automatic release), for “period of 28 days served by the offender before automatic release” substitute “ automatic release period served by the offender ”.E+W+S+N.I.

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Commencement Information

I3Sch. 6 para. 3 in force at 1.2.2015 by S.I. 2015/40, art. 2(w)

Service community orders, overseas community orders and suspended sentence orders: officers responsible for implementingE+W+S+N.I.

4(1)Section 183 (overseas community orders: modifications of Criminal Justice Act 2003) is amended as follows.E+W+S+N.I.

(2)In subsection (1), omit “section 197(1) and (2) (meaning of “the responsible officer”);”.

(3)After subsection (1) insert—

(1A)Section 198(1) (duties of responsible officer) has effect as if at the end there were inserted—

(c)where appropriate, to take steps to enforce those requirements.

(4)Omit subsections (2), (4) and (5).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4Sch. 6 para. 4 in force at 1.6.2014 by S.I. 2014/1287, art. 2(e)

5(1)Part 1 of Schedule 5 (breach, revocation and amendment of service community orders) is amended as follows.E+W+S+N.I.

(2)In paragraph 1(2) (provisions of Schedule 8 to Criminal Justice Act 2003 disapplied), after “6(2),” insert “ 6A(2), ”.

(3)Omit paragraph 2.

(4)After that paragraph insert—

2AParagraph 6A(1) of that Schedule (role of enforcement officer) has effect in relation to a service community order under this Act as if the reference to a justice of the peace were to the Crown Court.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I5Sch. 6 para. 5 in force at 1.6.2014 by S.I. 2014/1287, art. 2(e)

6(1)Part 2 of Schedule 5 (breach, revocation and amendment of overseas community orders) is amended as follows.E+W+S+N.I.

(2)In paragraph 10(2)(b) (provisions of Schedule 8 to Criminal Justice Act 2003 disapplied)—

(a)after “paragraphs” insert “ 1A, ”, and

(b)after “6(2),” insert “ 6A, ”.

(3)For paragraph 12 (breach of requirement of order: warning and laying of information) substitute—

12AParagraph 5(1) of that Schedule (duty to give warning) has effect as if for paragraph (b) there were substituted—

(b)the officer applies to the court that made the order for the exercise of its powers in relation to the failure.

12BParagraph 6(1) of that Schedule (breach of order after warning) has effect as if for the words from “must refer” to the end there were substituted “ must apply to the court that made the order for the exercise of its powers in relation to the failure in question ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I6Sch. 6 para. 6 in force at 1.6.2014 by S.I. 2014/1287, art. 2(e)

7(1)Schedule 7 (suspended prison sentence: further conviction or breach of requirement) is amended as follows.E+W+S+N.I.

(2)In paragraph 1(a) (provisions of Schedule 12 to Criminal Justice Act 2003 disapplied), after “5(2),” insert “ 5A(2), ”.

(3)Omit paragraph 4.

(4)After that paragraph insert—

4AParagraph 5A(1) of Schedule 12 to the 2003 Act (role of enforcement officer) has effect in relation to a suspended sentence order with community requirements made by a relevant service court as if the reference to a justice of the peace were to the Crown Court.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I7Sch. 6 para. 7 in force at 1.6.2014 by S.I. 2014/1287, art. 2(e)

Service community orders, overseas community orders and suspended sentence orders: duty to obtain permission before changing residenceE+W+S+N.I.

8In section 183 (overseas community orders: modifications of Criminal Justice Act 2003)—E+W+S+N.I.

(a)in subsection (1), at the appropriate place insert— “ section 220A(8) (duty to obtain permission before changing residence: definition of “the appropriate court”); ”, and

(b)after subsection (3) insert—

(3A)In section 220A of the 2003 Act (duty to obtain permission before changing residence), as it applies to an overseas community order, “the appropriate court” means the court that made the order.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I8Sch. 6 para. 8 in force at 1.2.2015 by S.I. 2015/40, art. 2(w)

9In section 205 (amendment of suspended sentence order with community requirements), in subsection (1)(c), for “14(5)” substitute “ 14(4) ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I9Sch. 6 para. 9 in force at 1.2.2015 by S.I. 2015/40, art. 2(w)

10In Part 1 of Schedule 5 (breach, revocation and amendment of service community orders), in paragraph 1(2), for “16(5)” substitute “ 16(4) ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I10Sch. 6 para. 10 in force at 1.2.2015 by S.I. 2015/40, art. 2(w)

11In Part 2 of Schedule 5 (breach, revocation and amendment of overseas community orders), in paragraph 10(2)(b), for the words from “10(6)” to “18(4)” substitute “ 10(6), 13, 16, 16A, 17(6), 18(4) ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I11Sch. 6 para. 11 in force at 1.2.2015 by S.I. 2015/40, art. 2(w)

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