Armed Forces Act 2006 (c. 52)

Valid from 28/03/2009

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

Chapter 4 U.K. Imprisonment for Term of Under 12 Months

Imprisonment with or without “custody plus” order U.K.

197 Imprisonment with or without a custody plus order U.K.

(1) Subsection (2) applies where a relevant service court—

(a) imposes a sentence of imprisonment on an offender; and

(b) would (apart from this section) be required by section 181(3)(b) of the 2003 Act to make a custody plus order.

(2) Section 181(3)(b) of the 2003 Act shall be read as conferring on the court a power rather than a duty to make a custody plus order (but this does not affect the duty of the court under section 181(3)(a) of that Act).

(3) A relevant service court may not specify in a custody plus order a requirement to be complied with outside the United Kingdom.

(4) Section 219(3) of the 2003 Act (requirement to give copy of order to magistrates' court) does not apply in relation to a custody plus order made by a relevant service court.