Armed Forces Act 2006

Chapter 4U.K.Imprisonment for Term of [F1two years or less]

Textual Amendments

F1Words in Pt. 8 Ch. 4 heading substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 17 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F2...U.K.

Textual Amendments

F2S. 196 cross-heading omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 18 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F3196Term of sentence etcU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Imprisonment with or without “custody plus” orderU.K.

F4197Imprisonment with or without a custody plus orderU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4198Transfer to Scotland or Northern Ireland of custody plus orderU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4199Revocation and amendment of custody plus ordersU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Suspended sentences of imprisonmentU.K.

[F5200Suspended sentence ordersU.K.

(1)In the following provisions of the Sentencing Code, “court” includes a relevant service court—

(a)section 264 (suspended sentence order for offender under 21: availability);

(b)section 277 (suspended sentence order for person aged 21 or over: availability);

(c)in Chapter 5 of Part 10 (suspended sentences)—

(i)section 286 (suspended sentence order);

(ii)section 292 (power to impose requirements);

(iii)section 298 (provision of copies of order etc);

(iv)section 302 (duty to obtain permission before changing residence);

(d)Schedule 9 (community requirements), other than paragraphs 21 and 22 (review of drug rehabilitation requirement);

(e)in Schedule 17 (transfer of suspended sentence orders to Scotland and Northern Ireland)—

(i)paragraph 1 (restriction on making relevant suspended sentence order where offender resides in Scotland);

(ii)paragraph 4 (restriction on making relevant suspended sentence order where offender resides in Northern Ireland);

(iii)Part 3 (making of orders);

and the provisions of the Sentencing Code relating to suspended sentence orders apply accordingly to suspended sentence orders made by a relevant service court.

(2)In their application to a suspended sentence order made by a relevant service court, the provisions of the Sentencing Code relating to suspended sentence orders are modified as set out in—

(a)sections 200A to 204, and

(b)Schedule 7 (modifications of Schedule 16 to the Sentencing Code (breach or amendment of suspended sentence order and effect of further conviction)).

Textual Amendments

F5 Ss. 200, 200A substituted (1.12.2020) for s. 200 by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

200AModifications of section 286 of the Sentencing CodeU.K.

Section 286 of the Sentencing Code has effect in relation to a suspended sentence order made by a relevant service court as if—

(a)after subsection (2) there were inserted—

“(2A)But a court may not specify a requirement to be complied with outside the United Kingdom.”;

(b)in subsection (3), for paragraph (a) (but not the “or” after it) there were substituted—

“(a)commits during the operational period—

(i)another service offence (within the meaning of the Armed Forces Act 2006), or

(ii)an offence under the law of any part of the British Islands,”].

Textual Amendments

F5 Ss. 200, 200A substituted (1.12.2020) for s. 200 by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F6201Order without community requirements: provisions not applyingU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

202Order with community requirements: disapplication of certain provisionsU.K.

The following provisions of [F7the Sentencing Code] do not apply in relation to a suspended sentence order with community requirements made by a relevant service court—

  • [F8paragraph 17(2)(c) of Schedule] (condition for mental health treatment requirement);

  • [F9section 298(4)] (requirement to give copy of order to magistrates' court).

Textual Amendments

Commencement Information

I1S. 202 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)

I2S. 202 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

[F10203Review of order with community requirementsU.K.

(1)Section 293 of the Sentencing Code (power to provide for review of suspended sentence order) has effect in relation to a suspended sentence order made by a relevant service court as if for subsections (4) to (6) there were substituted—

“(4)In this section “the responsible court” in relation to a suspended sentence order means the Crown Court.”

(2)In their application to a suspended sentence order made by a relevant service court, paragraphs 21 and 22 of Schedule 9 to the Sentencing Code are modified as follows.

(3)Paragraph 21 (court review of drug rehabilitation requirement) has effect as if for sub-paragraphs (4) to (6) there were substituted—

“(4)In this paragraph “the responsible court”, in relation to a suspended sentence order made by a relevant service court imposing a drug rehabilitation requirement, means the Crown Court.”

(4)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.”.]

Textual Amendments

Modifications etc. (not altering text)

C1S. 203(4) 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

[F11204Transfer to Scotland or Northern Ireland of order with community requirementsU.K.

Schedule 17 to the Sentencing Code (transfer of suspended sentence orders to Scotland or Northern Ireland) has effect in relation to a suspended sentence order made by a relevant service court as if—

(a)in paragraph 23, sub-paragraph (1)(b) and (c) were omitted;

(b)in paragraph 25, sub-paragraphs (b) and (c) were omitted;

(c)in paragraph 38, sub-paragraph (3)(b) were omitted;

(d)in paragraph 41(1), for the definition of “original court” there were substituted—

““original court”, in relation to an SSSO or an NISSO, means the Crown Court;”.]

Textual Amendments

F12205Amendment of order with community requirementsU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13206Suspended sentence: further conviction or breach of community requirementU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

SupplementaryU.K.

[F14207Definitions for purposes of ChapterU.K.

In this Chapter—

  • “relevant service court” means any of the following—

    (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;

  • “suspended sentence order” has the same meaning as in the Sentencing Code (see section 286(6) of that Code);

  • “suspended sentence order with community requirements” means a suspended sentence order that specifies one or more community requirements (see section 286(2) of that Code).]

Textual Amendments