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The Armed Forces (Service Civilian Court) Rules 2009

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PART 4SENTENCING

Activation of suspended sentence of imprisonment

13.  (1)  In these Rules, “activation order” includes an order made by the court determining the suspension of an SDA suspended sentence of imprisonment and committing the offender to imprisonment.

(2) In this paragraph, “SDA suspended sentence of imprisonment” means a sentence of imprisonment—

(a)passed by—

(i)a court-martial,

(ii)a Standing Civilian Court,

(iii)the Courts-Martial Appeal Court on an appeal brought from a court-martial, or

(iv)the House of Lords on an appeal brought from a decision of the Courts-Martial Appeal Court, and

(b)suspended under section 120 of AA 1955 or AFA 1955, section 90 of NDA 1957, or paragraph 20(4) of Schedule 3 to the Armed Forces Act 1976(1).

SDA conditional discharge orders

14.  (1)  Where—

(a)an SDA conditional discharge order has been made in respect of an offender, and

(b)he is charged with an offence committed during the period of conditional discharge,

the advance information in relation to him must include a notice that, if he were convicted of the offence, the court would have power to deal with him for the offence for which he was conditionally discharged.

(2) In rule 96(3) the reference to power to deal with the offender under section 186(2) includes power to deal with him for an offence as respects which an SDA conditional discharge order was made.

(3) In this paragraph, “SDA conditional discharge order” means an order for a person’s conditional discharge under paragraph 3(1) of Schedule 5A to AA 1955 or AFA 1955 or of Schedule 4A to NDA 1957.

Community supervision orders

15.  (1)  Where a notice under this rule is served by the Director, it must be served not more than 14 days after the Director serves advance information in respect of the charge to which the evidence relates. Where—

(a)a community supervision order has been made in respect of an offender, and

(b)he is charged with an offence committed during the period specified in the order,

the advance information in relation to him must include a notice that, if he were convicted of the offence, the court would have power to deal with him for the offence for which the order was made.

(2) In rule 96(3) the reference to power to deal with the offender under paragraph 21 of Schedule 8 to the 2003 Act includes power to deal with him for an offence as respects which a community supervision order was made.

(3) In this paragraph, “community supervision order” means an order under paragraph 4(1) of Schedule 5A to AA 1955 or AFA 1955 or of Schedule 4A to NDA 1957.

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