Armed Forces Act 2006 (c. 52)

Part 11 U.K. The Service Civilian Court

Modifications etc. (not altering text)

C1 Pts. 11-13 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(3)(4)

Punishments available to Service Civilian Court U.K.

282 Punishments available to Service Civilian Court U.K.

(1) Section 164 and Schedule 3 (punishments available to Court Martial) apply in relation to the Service Civilian Court as they apply in relation to the Court Martial.

(2) Subsection (1) is subject to—

(a) sections 283 and 284 (maximum imprisonment, fine or compensation order that may be awarded by SCC); and

(b) subsection (3).

(3) Where the Service Civilian Court sentences an offender to whom Part 2 of Schedule 3 applies, it may not award a punishment mentioned in any of rows 2 to 5 or 8 of the Table in section 164 (as modified by that Part of that Schedule).

Commencement Information

I1 S. 282 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2 S. 282 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

283 Imprisonment: maximum term U.K.

(1) The Service Civilian Court may not impose imprisonment for more than [F1 6 months] in respect of any one offence.

(2) Where the Service Civilian Court imposes two or more terms of imprisonment to run consecutively their aggregate must not exceed [F2 12 months].

[F3 (3) In this section, references to imprisonment include detention in a young offender institution.]

Textual Amendments

F1 Words in s. 283(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 71(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F2 Words in s. 283(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 71(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F3 S. 283(3) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 71(4) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C2 S. 283(3) modified (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3) (with s. 5(9)); S.I. 2012/1236, reg. 2

Commencement Information

I3 S. 283 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I4 S. 283 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

284 Fines and compensation orders: maximum amounts U.K.

(1) The Service Civilian Court may not in respect of any one offence impose a fine exceeding the prescribed sum.

(2) Where the Service Civilian Court convicts a person of an offence under section 42 (criminal conduct), it may not impose a fine which a magistrates' court in England or Wales could not impose on him for the corresponding offence under the law of England and Wales.

[F4 (2A) The following subsections apply if (but only if) the Service Civilian Court has convicted a person aged under 18 (“the offender”) of an offence or offences.]

(3) The compensation to be paid under a service compensation order made by the Service Civilian Court in respect of [F5 the offence, or any one of the offences,] must not exceed the amount for the time being mentioned in [F6 section 139(2) of the Sentencing Code] (limit on compensation order made by magistrates' court).

(4) The compensation or total compensation to be paid under a service compensation order or service compensation orders made by the Service Civilian Court in respect of any offence or offences taken into consideration in determining sentence must not exceed the difference (if any) between—

(a) the amount or total amount which under subsection (3) is the maximum for the offence or offences of which the offender has been convicted; and

(b) the amount or total amounts (if any) which are in fact ordered to be paid in respect of that offence or those offences.

Textual Amendments

F4 S. 284(2A) inserted (11.12.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 36(2) (with Sch. 16 para. 36(4)); S.I. 2013/2981, art. 2(e)

F5 Words in s. 284(3) substituted (11.12.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 36(3) (with Sch. 16 para. 36(4)); S.I. 2013/2981, art. 2(e)

F6 Words in s. 284(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 72 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I5 S. 284 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I6 S. 284 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4