C1Part 8Sentencing Powers and Mandatory etc Sentences
Chapter 1Definition etc of Certain Sentences
Service community orders (civilians and dismissed servicemen only)
I1I2178Service community orders
1
A service community order is an order—
a
imposing on the offender one or more of the requirements F6listed in column 1 of the community order requirements table in section 201 of the Sentencing Code; and
b
specifying the local justice area in England and Wales, F5or the locality in Scotland where the offender resides or will reside, or that the offender resides or will reside in Northern Ireland.
F72
The following provisions of the Sentencing Code apply in relation to a service community order under this Act—
a
section 203 (restriction on making both community order and suspended sentence order);
b
sections 206 and 207 (community order: available requirements);
c
section 208(2) and Schedule 9 (requirements relating to community orders), other than paragraph 17(2)(c) of that Schedule (condition for mental health treatment requirement) (see also the modifications to Schedule 9 made by section 179 of this Act);
d
section 208(10) to (14) (further requirements);
e
section 209 (end date);
f
section 210 (specification of local justice area);
g
section 217 (power to provide for court review);
h
section 212(1) to (3) and (5) (provision of copies);
i
sections 213 to 216 (obligations of responsible officer and offender);
j
section 218 and Schedule 10 (breach, revocation or amendment of community order) (see also the modifications to Schedule 10 made by section 181 of this Act);
k
section 219 and Schedule 11 (transfer of community order to Scotland or Northern Ireland) (see also the modifications to Schedule 11 made by section 180 of this Act);
l
section 220 (when order ceases to be in force);
m
section 394 (rules relating to community orders);
n
section 395 (data from electronic monitoring code).
3
In the application of those provisions, other than Schedule 10, references to a community order include a service community order.
See section 181(1) of this Act as regards references to a community order in Schedule 10.
4
In the application of those provisions, other than in Schedules 10 and 11, references to a court include a relevant service court.
See section 180 of this Act as regards references to a court in Schedule 11.
F45
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6
For the purposes of this section each of the following is a relevant service court—
a
the Court Martial;
b
the Service Civilian Court;
c
the Court Martial Appeal Court;
d
the Supreme Court on an appeal brought from the Court Martial Appeal Court.
179F1Review of service community order imposing drug rehabilitation requirement
1
In their application to a service community order, paragraphs 21 and 22 of Schedule 9 to the Sentencing Code are modified as follows.
2
Paragraph 21 (court review of drug rehabilitation requirement) has effect as if for paragraphs (4) to (6) there were substituted—
4
In this paragraph “the responsible court”, in relation to a service community order imposing a drug rehabilitation requirement, means the Crown Court.
C23
Paragraph 22 (periodic review of drug rehabilitation requirement) has effect as if after sub-paragraph (5) there were inserted—
5A
In a case where the order was made by the Service Civilian Court, a term of imprisonment or detention in a young offender institution or fine imposed under sub-paragraph (4)(b) must not exceed—
a
in the case of a term of imprisonment or detention in a young offender institution, 6 months;
b
in the case of a fine, the prescribed sum within the meaning of section 32 of the Magistrates' Courts Act 1980.
5B
Where a sentence is passed under sub-paragraph (4)(b), section 9 of the Criminal Appeal Act 1968 (appeal against sentence) applies as if the offender had been convicted on indictment of the offence for which the sentence was passed.
F2180Transfer of service community order to Scotland or Northern Ireland
1
In its application to service community orders, Schedule 11 to the Sentencing Code (transfer of community orders to Scotland or Northern Ireland) applies with the following modifications.
2
In paragraphs 1, 3, 5, 6, 7, 9, 11, 12, 13, 15 and 17 the references to a court are to be read as including a relevant service court.
3
In paragraph 14, the reference to a court in England and Wales is to be read as including a relevant service court.
4
In paragraph 15(d), the reference to the powers of the court making or amending the community order is to be read as a reference to the powers of the Crown Court.
5
In paragraph 21(6) to (8), the references to the court which made the order are to be read as including a relevant service court.
6
In paragraph 22(1), the reference to the court which made the order or which last amended the order in England and Wales is to be read as a reference to the Crown Court.
7
In paragraphs 23 to 26, the references to a court in England and Wales are to be read as references to the Crown Court.
8
In this section “relevant service court” has the same meaning as in section 178.
F3181Breach, revocation or amendment of service community order
1
Schedule 10 to the Sentencing Code (breach, revocation or amendment of community order) applies to a service community order as it applies to a Crown Court community order (within the meaning of that Schedule) with the following modifications.
2
Paragraph 1(1) has effect as if, for the definition of “appropriate court” there were substituted—
“appropriate court” means the Crown Court;
C33
Part 1 has effect as if, after paragraph 5, the following paragraph were inserted—
Re-sentencing powers
5A
1
Sub-paragraphs (2) and (3) apply where—
a
this Schedule provides the court with a power to re-sentence an offender for the offence in respect of which a service community order was made, and
b
the service community order was made by the Service Civilian Court.
2
A term of imprisonment or detention in a young offender institution imposed under the power to re-sentence the offender must not exceed 6 months.
3
A fine imposed under the power to re-sentence the offender must not exceed the prescribed sum (within the meaning of section 32 of the Magistrates' Courts Act 1980).
4
Where a sentence is passed by virtue of a power in this Schedule for a court to re-sentence an offender, section 9 of the Criminal Appeal Act 1968 (appeal against sentence) applies as if the offender had been convicted on indictment of the offence for which the sentence was passed.
4
Paragraph 11 has effect as if sub-paragraph (3) were omitted.
5
Paragraph 27 has effect as if sub-paragraphs (3)(b), (5) and (6) were omitted.
Pt. 8 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(2)