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 7 U.K. Court Orders Other Than Sentences

[F1 Service sexual offences prevention orders etc U.K.

Textual Amendments

F1 Ss. 232A-232G and cross-heading inserted (8.3.2012 for specified purposes) by Armed Forces Act 2011 (c. 18), ss. 17(1), 32(3); S.I. 2012/669, art. 3(d)

232C Service SOPOs etc: variation and revocation U.K.

(1) The Court Martial may vary or revoke an order under section 232A on an application made by—

(a) a Provost Marshal; or

(b) the person subject to the order.

(2) If subsection (3) applies, the Court Martial may vary or revoke an order under section 104 of SOA 2003 (sexual offences prevention order) on an application made by—

(a) a Provost Marshal; or

(b) the person subject to the order.

(3) This subsection applies if the person subject to the order under section 104 of SOA 2003 (“the SOA order”) is also subject to an associated order under section 232A and either—

(a) the person is subject to service law or a civilian subject to service discipline; or

(b) the application is made together with an application for the variation or revocation of the associated order under section 232A.

(4) An order may be varied under this section so as to extend the period for which it has effect, or so as to impose additional prohibitions, only if—

(a) in the case of an order under section 232A, the court is satisfied that the variation is necessary for the purpose of protecting the service community outside the United Kingdom from serious sexual harm from the person subject to the order (in which case section 232A(4) applies accordingly);

(b) in the case of an order under section 104 of SOA 2003, the requirements of section 108(5) of that Act are met (protection of public in United Kingdom from serious sexual harm).

(5) The Court Martial must not before the end of the relevant period revoke an order under section 232A, or an order under section 104 of SOA 2003, without the consent of—

(a) the person subject to the order; and

(b) a Provost Marshal.

(6) In subsection (5) “the relevant period” means the period of five years beginning with the day on which the order was made.

(7) For the purposes of this section an order under section 104 of SOA 2003 and an order under section 232A are “associated” if they were made by the Court Martial or the Service Civilian Court in dealing with the same offence or relevant finding.

(8) This section is without prejudice to section 108 of SOA 2003 (application to civilian court for variation etc of a sexual offences prevention order).]