SCHEDULES

SCHEDULE 7Suspended prison sentence: further conviction or breach of requirement

Part 2Modifications referred to in Part 1

Conviction of further offence

I1I28

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—

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.