Armed Forces Act 2006 (c. 52)

Part 8 U.K. Sentencing Powers and Mandatory etc Sentences

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 1 U.K. Definition etc of Certain Sentences

Service community orders (civilians and dismissed servicemen only) U.K.

180 Transfer of service community order to Scotland or Northern Ireland U.K.

(1) In Schedule 9 to the 2003 Act (transfer of community orders to Scotland or Northern Ireland)—

(a) “community order” includes a service community order under this Act; and

(b) in the provisions mentioned in subsection (2), “court” includes a relevant service court.

(2) Those provisions are paragraphs 1(1) and (5), 2(1), 3(1) [F1 and (4A)], 4(1), 6, 9 (except 9(b)) and 10(c) and (d).

(3) In its application to a service community order under this Act, that Schedule has effect as if—

(a) the reference in paragraph 9(c) to the powers of the court making or amending the order were to the powers of the Crown Court;

(b) the reference in paragraph 11 to a community order made in England and Wales included a service community order made (anywhere) under this Act;

(c) the reference in paragraph 11 to the court which made the order or the court which last amended the order in England and Wales were to the Crown Court; and

(d) the reference in paragraph 15 to the court which made the order were to the Crown Court.

(4) In this section “relevant service court” has the meaning given by section 178(6).

Textual Amendments

F1 Words in s. 180(2) inserted (31.7.2014 only in relation to the South London local justice area for specified purposes until 31.3.2016, 1.4.2016 for specified local justice areas for all purposes other than application by the Armed Forces Act 2006 until 31.3.2018, 1.5.2017 in relation to specified local justice areas for specified purposes until the end of 30.4.2019, 19.5.2020 in so far as not already in force) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 76(11)(a), 77, 151(3); S.I. 2014/1777, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (30.7.2015) by S.I. 2015/1480, arts. 1, 2 and (30.1.2016) by S.I. 2016/1, arts. 1, 2); S.I. 2016/286, arts. 2, 3, 4(1) (with art. 4(2)) (as amended (31.3.2017) by S.I. 2017/225, arts. 1, 2); S.I. 2017/525, arts. 2, 3, 4(1) (with art. 4(2)); S.I. 2020/478, art. 2

Commencement Information

I1 S. 180 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)

I2 S. 180 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4