C1Part 8Sentencing Powers and Mandatory etc Sentences
Chapter 4Imprisonment for Term of Under 12 Months
Application of provisions in the 2003 Act
I1I13196Term of sentence etc
1
In the following provisions of the 2003 Act, “court” includes a relevant service court—
sections 181 and 182 (imprisonment for under 12 months: term of sentence and “custody plus” orders);
sections 189 and 190 (suspended sentences of imprisonment);
Chapter 4 of Part 12 (further provision about orders) in its application in relation to a custody plus order or suspended sentence order.
2
For the purposes of this Chapter, 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.
Imprisonment with or without “custody plus” order
I2I15197Imprisonment with or without a custody plus order
1
Subsection (2) applies where a relevant service court—
a
imposes a sentence of imprisonment on an offender; and
b
would (apart from this section) be required by section 181(3)(b) of the 2003 Act to make a custody plus order.
2
Section 181(3)(b) of the 2003 Act shall be read as conferring on the court a power rather than a duty to make a custody plus order (but this does not affect the duty of the court under section 181(3)(a) of that Act).
3
A relevant service court may not specify in a custody plus order a requirement to be complied with outside the United Kingdom.
4
Section 219(3) of the 2003 Act (requirement to give copy of order to magistrates' court) does not apply in relation to a custody plus order made by a relevant service court.
I3I20198Transfer to Scotland or Northern Ireland of custody plus order
1
In paragraphs 2(1) and (2) and 9(1) and (2) of Schedule 11 to the 2003 Act (court making custody plus order may require compliance in Scotland or Northern Ireland), “court” includes a relevant service court.
2
In paragraphs 4, 6 and 12 of that Schedule (ancillary provisions) “court” (where the context allows) includes a relevant service court.
3
Where Part 4 of that Schedule applies to a custody plus order made by a relevant service court, references in that Part to “the original court” are to be read as references to the Crown Court.
4
Paragraph 22(7)(b) of that Schedule (requirement to give copy of amending order etc to magistrates' court) does not apply in relation to a custody plus order made by a relevant service court.
I4I19199Revocation and amendment of custody plus orders
1
In Schedule 10 to the 2003 Act (revocation and amendment) as it applies to a custody plus order made by a relevant service court—
a
“the appropriate court” means the Crown Court; and
b
the following shall be treated as omitted—
i
the definition of “the appropriate court” in paragraph 1(1);
ii
paragraph 2.
2
Paragraph 9(1)(b)(ii) and (2) of that Schedule (requirement to give copy of revoking or amending order etc to magistrates' court) do not apply in relation to a custody plus order made by a relevant service court.
Suspended sentences of imprisonment
I5I16200Suspended sentence orders with or without community requirements
1
Subsection (2) applies where (apart from this section) a relevant service court would have power under section 189 of the 2003 Act to make a suspended sentence order.
2
Section 189(1) of that Act shall be read as conferring on the court a power either—
a
to make a suspended sentence order with community requirements; or
b
to make a suspended sentence order without community requirements.
3
In this Chapter “a suspended sentence order with community requirements” means a suspended sentence order that—
a
includes all the provision required by section 189(1) of the 2003 Act (as modified by subsection (5) below); and
b
complies with section 189(3) and (4) of that Act.
4
In this Chapter “a suspended sentence order without community requirements” means a suspended sentence order made as if in section 189 of the 2003 Act (as modified by subsection (5) below) the following were omitted—
a
paragraph (a) of subsection (1);
b
in paragraph (b) of that subsection, sub-paragraph (i) (and the word “either” before that sub-paragraph);
c
subsection (4) and the reference in subsection (3) to the supervision period.
5
In section 189(1) of the 2003 Act (suspended sentence orders) as it applies to a relevant service court, paragraph (b)(ii) (commission of UK offence in operational period of order) has effect as if for the words from “commits” to the end of sub-paragraph (ii) there were substituted
commits—
a
another service offence (within the meaning of the Armed Forces Act 2006), or
b
an offence F1under the law of any part of the British Islands,
6
A relevant service court may not specify in a suspended sentence order with community requirements a requirement to be complied with outside the United Kingdom.
I6I14201Order without community requirements: provisions not applying
Nothing in the following provisions of the 2003 Act applies in relation to a suspended sentence order without community requirements—
sections 190 to 192 (imposition of community requirements and periodic reviews);
Chapter 4 of Part 12 (further provisions about orders);
Part 3 of Schedule 12 (amendment of order);
Schedule 13 (transfer of order to Scotland or Northern Ireland).
I7I18202Order with community requirements: disapplication of certain provisions
The following provisions of Chapter 4 of Part 12 of the 2003 Act do not apply in relation to a suspended sentence order with community requirements made by a relevant service court—
section 207(3)(a)(ii) (condition for mental health treatment requirement);
section 219(3) (requirement to give copy of order to magistrates' court).
I8I17203Review of order with community requirements
1
In section 191 of the 2003 Act (provision for periodic reviews of order) as it applies to a suspended sentence order with community requirements made by a relevant service court—
a
“the court responsible for the order” means the Crown Court; and
b
subsections (3) to (5) shall be treated as omitted.
2
In section 210 of that Act (provision for periodic reviews of drug rehabilitation requirement) as it applies to such an order—
a
“the court responsible for the order” means the Crown Court; and
b
subsections (2) to (4) shall be treated as omitted.
3
Section 211 of that Act (periodic reviews of drug rehabilitation requirement) has effect in its application to such an order as if—
a
in subsection (3)(b) for the words from “he could have been dealt with” to the end there were substituted “
it could deal with him if he had just been convicted before the court of an offence punishable with imprisonment
”
;
b
in subsection (4)(b) the words in brackets were omitted; and
c
after subsection (4) there were inserted—
4A
A term of imprisonment or fine imposed under subsection (3)(b)—
a
must not exceed the maximum permitted for the offence in respect of which the order was made, and
b
where the order was made by the Service Civilian Court, must not exceed—
i
in the case of a term of imprisonment, 12 months;
ii
in the case of a fine, the prescribed sum within the meaning of section 32 of the Magistrates' Courts Act 1980 (c. 43).
4
Where a sentence is passed under section 211(3)(b) of the 2003 Act as modified by subsection (3) above, section 9 of the Criminal Appeal Act 1968 (c. 19) (appeal against sentence) applies as if the offender had been convicted on indictment of the offence for which the sentence was passed.
I9I22204Transfer to Scotland or Northern Ireland of order with community requirements
1
In paragraphs 1(1) and 6(1) of Schedule 13 to the 2003 Act (court making suspended sentence order with community requirements may require compliance in Scotland or Northern Ireland), “court” includes a relevant service court.
2
In paragraphs 1(5) and (6), 3, 6(5) and 8 of that Schedule (ancillary provisions), “court” (where the context allows) includes a relevant service court.
3
Where Part 3 of that Schedule applies to a suspended sentence order made by a relevant service court—
a
references in that Part to “the original court” are to be read as references to the Crown Court; and
b
the following shall be treated as omitted—
i
the definition of “original court” in paragraph 11;
ii
paragraph 12(3).
4
Paragraph 20(6)(b) of that Schedule (requirement to give copy of amending order etc to magistrates' court) does not apply in relation to a suspended sentence order made by a relevant service court.
I10I21205Amendment of order with community requirements
1
In Part 3 of Schedule 12 to the 2003 Act (amendment of order) as it applies to a suspended sentence order with community requirements made by a relevant service court—
a
“the appropriate court” means the Crown Court;
b
the reference in paragraph 17 to the court responsible for the order is to be read as a reference to the Crown Court; and
c
paragraphs 13(3), 14(5), 15(6), 16(4), 18(2) and 22(1)(b)(ii) and (d) and (2) shall be treated as omitted.
2
Paragraph 15 of that Schedule has effect in its application to such an order as if—
a
in sub-paragraph (4)(b) for the words “of the offence” there were substituted “
of an offence punishable with imprisonment
”
; and
b
after sub-paragraph (5) there were inserted—
5A
A term of imprisonment or fine imposed under sub-paragraph (4)(b)—
a
must not exceed the maximum permitted for the offence in respect of which the order was made, and
b
where the order was made by the Service Civilian Court, must not exceed—
i
in the case of a term of imprisonment, 12 months;
ii
in the case of a fine, the prescribed sum within the meaning of section 32 of the Magistrates' Courts Act 1980 (c. 43).
3
Paragraphs 2(b) and 3 of that Schedule shall be treated as omitted for the purposes of Part 3 of that Schedule as it applies to such an order.
4
Where a sentence is passed under paragraph 15(4)(b) of Schedule 12 to the 2003 Act as modified by subsection (2) above, section 9 of the Criminal Appeal Act 1968 (c. 19) (appeal against sentence) applies as if the offender had been convicted on indictment of the offence for which the sentence was passed.
I11I24206Suspended sentence: further conviction or breach of community requirement
Schedule 7 (modification of Schedule 12 to the 2003 Act in relation to suspended sentences passed by relevant service courts) has effect.
Supplementary
I12I23207Definitions for purposes of Chapter
In this Chapter—
“custody plus order” means an order under section 181(3)(b) of the 2003 Act;
“relevant service court” has the meaning given by section 196(2) of this Act;
“suspended sentence order” means an order under section 189(1) of the 2003 Act;
“suspended sentence order with community requirements” has the meaning given by section 200(3) of this Act;
“suspended sentence order without community requirements” has the meaning given by section 200(4) of this Act.
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)