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.

3 U.K. Part 2 (breach of community requirement or conviction of further offence) has effect as if—

(a) in paragraph 6(4)(c), for “a court” there were substituted “ the Crown Court ”;

(b) in paragraph 7, for paragraph (b) there were substituted—

“(b) where appropriate, cause an information to be laid before the Crown Court in respect of the offender's breach of the requirement.”;

(c) paragraph 8 were omitted;

(d) in paragraph 9—

(i) in the heading, the words “Crown Court order:” were omitted;

(ii) in sub-paragraph (1), for “Crown Court order” there were substituted “ suspended sentence order made by a relevant service court ”;

(e) paragraph 10 were omitted;

(f) paragraphs 11 to 15 were modified as set out in paragraphs 4 to 8 of this Schedule;

(g) after paragraph 15 there were inserted the paragraph 15A set out in paragraph 9 of this Schedule;

(h) paragraphs 17 to 19 were modified as set out in paragraphs 10 to 12 of this Schedule;

(i) paragraph 20 were omitted.

4 U.K. Paragraph 11 (offender before magistrates' court: further conviction) has effect as if—

(a) sub-paragraph (1) were omitted;

(b) in sub-paragraph (2), for the words from “made” to the end, there were substituted “made by a relevant service court, the magistrates' court must notify the appropriate officer of the Court Martial of the conviction.”;

(c) sub-paragraphs (3) and (4) were omitted.

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).”

6 U.K. Paragraph 13 (powers of court to deal with offender on breach of requirement or subsequent conviction) has effect as if—

(a) in sub-paragraph (1)—

(i) in the opening words, for “a court” there were substituted “ the Crown Court, the Court Martial or the Service Civilian Court ”;

(ii) in paragraph (c), at the beginning there were inserted “where the court dealing with the offender is the Crown Court,”;

(b) sub-paragraph (2) were omitted.

7 U.K. Paragraph 14 (exercise of power in paragraph 13: duty to make activation order where not unjust) has effect as if—

(a) in sub-paragraph (1), for “The court” there were substituted “ The Crown Court, the Court Martial or the Service Civilian Court ”;

(b) in sub-paragraph (2)(b), the words “11 or” were omitted.

8 U.K. Paragraph 15 (activation orders: further provision) has effect as if—

(a) in the heading, after “orders” there were inserted “ made by the Crown Court ”;

(b) in sub-paragraph (1), for “a court” there were substituted “ the Crown Court ”;

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

“(3) For the purpose of any enactment conferring rights of appeal against sentence in criminal cases—

(a) the activation order is to be treated as a sentence passed on the offender by the Crown Court for the offence for which the suspended sentence was passed, and

(b) the offender is to be treated as if he or she had been convicted on indictment of that offence.”;

(d) in sub-paragraph (4) at the end there were inserted “and a custodial sentence within the meaning of the Armed Forces Act 2006 (see section 374 of that Act)”.

10 U.K. Paragraph 17 (treatment requirement: reasonable refusal to undergo certain treatment) has effect as if, in sub-paragraph (2), the words “10(1)(b) or” were omitted.

11 U.K. Paragraph 18 (duty of court in Scotland or Northern Ireland when informed of suspended sentence) has effect as if—

(a) in sub-paragraph (b), for “in England or Wales” there were substituted “ (anywhere) by a relevant service court ”;

(b) in the words following sub-paragraph (b), for “the court by which the suspended sentence was passed” there were substituted “ the Court Martial ”.

12 U.K. Paragraph 19 (issue of summons or warrant where court convicting of further offence does not deal with suspended sentence) has effect as if—

(a) in sub-paragraph (1)—

(i) in the opening words, for “the Crown Court” there were substituted “ the Court Martial ”;

(ii) in paragraph (a), for the words from “United Kingdom” to “Court” there were substituted “ British Islands of an offence committed during the operational period of a suspended sentence order passed by a relevant service court, or has been convicted of a service offence committed during that period ”;

(b) in sub-paragraph (2), for “Crown Court” there were substituted “ Court Martial ”;

(c) in sub-paragraph (3), for “Crown Court” there were substituted “ Court Martial ”.]