SCHEDULES

SCHEDULE 25Amendments to the Armed Forces Act 2006

PART 1Amendments to Chapter 1 of Part 8: service compensation orders, service community orders etc.

I111

1

Schedule 6 (overseas community orders) is amended as follows.

2

In the shoulder reference, for “section 182” substitute “ section 183(6) ”.

3

In paragraph 1 (unpaid work requirement), for “section 199 of the 2003 Act” substitute “ paragraph 1(1) of Schedule 9 to the Sentencing Code ”.

4

In paragraph 2 (exclusion requirement), for “section 205 of the 2003 Act” substitute “ paragraph 11(1) of Schedule 9 to the Sentencing Code ”.

5

In paragraph 3 (residence requirement)—

a

for sub-paragraph (1) substitute—

1

In relation to an overseas community order made in respect of an offender aged under 18 on conviction, paragraph 13 of Schedule 9 to the Sentencing Code has effect as if—

a

in sub-paragraph (1)(a), after “place”)” there were inserted “ or with a particular individual (“the required individual”) ”;

b

in sub-paragraph (2)(a)(i), after “place” there were inserted “ or individual ”.

b

in sub-paragraph (3), for “Nothing in section 206(2) to (4) of the 2003 Act applies” substitute “ Paragraph 14 of Schedule 9 to the Sentencing Code (requirement to consider home surroundings of offender) ” does not apply”;

c

in sub-paragraph (4), for “specified” substitute “ particular ”;

d

omit sub-paragraph (5).

6

In paragraph 4 (mental health requirement)—

a

in sub-paragraph (1)—

i

for “section 207(3) of the 2003 Act” substitute “ paragraph 17(1) of Schedule 9 to the Sentencing Code ”;

ii

for “of offender to mental health requirement” substitute “ condition ”;

b

in sub-paragraph (2)—

i

for “section 208(1) of the 2003 Act” substitute “ paragraph 18 of Schedule 9 to the Sentencing Code ”;

ii

for “the words “with the consent of the offender” do” substitute “ sub-paragraph (3) (expression of willingness of offender necessary before alternative arrangements may be made) does ”.

7

In paragraph 5 (drug rehabilitation requirement)—

a

in sub-paragraph (1), for “section 209(1) of the 2003 Act” substitute “ paragraph 19(1) of Schedule 9 to the Sentencing Code ”;

b

in sub-paragraph (2)(b), for “section 209(1)(b) of the 2003 Act” substitute “ paragraph 19(1)(b) of Schedule 9 to the Sentencing Code ”;

c

in sub-paragraph (3)—

i

for “section 209(2) of the 2003 Act” substitute “ paragraph 20(1) of Schedule 9 to the Sentencing Code ”;

ii

for “of offender to drug rehabilitation requirement” substitute “ condition ”.

8

In paragraph 6 (alcohol treatment requirement), for “section 212 of the 2003 Act” substitute “ paragraph 23(1) of Schedule 9 to the Sentencing Code ”.

9

In paragraph 8 (power to amend) for “section 223 of the 2003 Act” substitute “ paragraph 13 of Schedule 23 to the Sentencing Act 2020 ”.