Armed Forces Act 2006 (c. 52)

Valid from 28/03/2009

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

Chapter 1 U.K. Definition etc of Certain Sentences

Overseas community orders (civilians only) U.K.

182 Overseas community orders U.K.

(1) An overseas community order is an order—

(a) imposing on the offender one or more of the requirements mentioned in section 177(1) of the 2003 Act (community orders under that Act); and

(b) not specifying anywhere as an area where the offender resides or will reside.

(2) The order may include a particular requirement mentioned in section 177(1) of the 2003 Act only if the court is satisfied—

(a) that the requirement, and the arrangements (if any are needed) that will be made in connection with it, are such that the offender will be able to comply with the requirement in the area where he resides or will reside; and

(b) that arrangements will be made for the supervision of his compliance with the requirement.

(3) The power to include in the order one or more of the requirements mentioned in section 177(1) of the 2003 Act is also subject to—

(a) the provisions mentioned in the paragraphs of section 177(2) of that Act; and

(b) Schedule 6 to this Act (special provisions for young offenders).

(4) Subject to section 183 below, in the following provisions of the 2003 Act “community order” includes an overseas order—

• section 177(5) and (6) (provision about the making of community orders);

• Chapter 4 of Part 12 (further provision about orders).

(5) In those provisions in their application in relation to an overseas community order, “court” includes a relevant service court.

(6) For the purposes of this section 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.