C1Part 8Sentencing Powers and Mandatory etc Sentences

Annotations:
Modifications etc. (not altering text)
C1

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)

Chapter 1Definition etc of Certain Sentences

Service community orders (civilians and dismissed servicemen only)

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.