Armed Forces Act 2006

Conviction of further offence U.K.

6 [F1 (1)] Paragraph 8(1)(b) of that Schedule (powers on conviction of further offence) has effect in relation to a suspended sentence passed by a relevant service court as if— U.K.

(a) the reference to an offence were to a service offence or [F2 an offence under the law of any part of the British Islands];

(b) in sub-paragraph (i) the reference to a court having power under paragraph 11 to deal with the offender in respect of the suspended sentence were to the Crown Court, the Court Martial or the Service Civilian Court;

(c) in sub-paragraph (ii) the reference to such a court were to the Court Martial.

[F3 (2) Anything that under section 376(1) and (2) of this Act is to be treated as a conviction for the purposes of this Act is also to be treated as a conviction for the purposes of paragraph 8(1)(b) of that Schedule as modified by this paragraph.]

Textual Amendments

F1 Sch. 7 para. 6 renumbered as Sch. 7 para. 6(1) (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 24(2); S.I. 2012/669, art. 4(d)

F2 Words in Sch. 7 para. 6(1)(a) substituted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 24(3); S.I. 2012/669, art. 4(d)

F3 Sch. 7 para. 6(2) inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 24(4); S.I. 2012/669, art. 4(d)

Commencement Information

I1 Sch. 7 para. 6 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 Sch. 7 para. 6 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

7 U.K. Paragraph 11 of that Schedule (courts with powers under paragraph 8(1)(b), etc) has effect in relation to a suspended sentence passed by a relevant service court as if for it and the heading before it there were substituted—

“Conviction by magistrates' court of further offence U.K.

11 Where a magistrates' court in England or Wales convicts an offender of any offence and is satisfied that the offence was committed during the operational period of a suspended sentence passed by a relevant service court (within the meaning of the Armed Forces Act 2006), it must notify the appropriate officer of the Court Martial of the conviction.”

Commencement Information

I3 Sch. 7 para. 7 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 Sch. 7 para. 7 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

8 (1) Paragraph 12 of that Schedule (procedure where convicting court does not deal with suspended sentence) has effect in relation to a suspended sentence passed by a relevant service court as if for sub-paragraphs (1) and (2) there were substituted— U.K.

“(2A) If it appears to the Court Martial—

(a) that an offender has been convicted in the British Islands of an offence committed during the operational period of a suspended sentence passed by a relevant service court, or has been convicted of a service offence committed during that period, and

(b) that he has not been dealt with in respect of the suspended sentence,

the court may issue a summons requiring him to appear at the place and time specified in it, or a warrant for his arrest.

(2B) In sub-paragraph (2A) “relevant service court” and “service offence” have the same meanings as in the Armed Forces Act 2006.”

(2) In paragraph 12(3) of that Schedule (Scottish or Northern Ireland court convicting of further offence must notify English court)—

(a) the reference to a suspended sentence passed in England or Wales includes a reference to a suspended sentence passed (anywhere) by a relevant service court; and

(b) the reference to the court by which the suspended sentence was passed has effect, in relation to a suspended sentence passed by any relevant service court, as a reference to the Court Martial.

(3) Paragraph 12(5) of that Schedule has effect in relation to a summons or warrant issued under paragraph 12(2A) as if the reference to the court by which the suspended sentence was passed were a reference to the Court Martial.

Commencement Information

I5 Sch. 7 para. 8 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 Sch. 7 para. 8 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4