Sentencing Act 2020

6 For section 181 (breach, revocation or amendment of service community order) substitute—

“181 Breach, revocation or amendment of service community order

(1) Schedule 10 to the Sentencing Code (breach, revocation or amendment of community order) applies to a service community order as it applies to a Crown Court community order (within the meaning of that Schedule) with the following modifications.

(2) Paragraph 1(1) has effect as if, for the definition of “appropriate court” there were substituted—

• ““appropriate court” means the Crown Court;”.

(3) Part 1 has effect as if, after paragraph 5, the following paragraph were inserted—

“Re-sentencing powers

5A (1) Sub-paragraphs (2) and (3) apply where—

(a) this Schedule provides the court with a power to re-sentence an offender for the offence in respect of which a service community order was made, and

(b) the service community order was made by the Service Civilian Court.

(2) A term of imprisonment or detention in a young offender institution imposed under the power to re-sentence the offender must not exceed 6 months.

(3) A fine imposed under the power to re-sentence the offender must not exceed the prescribed sum (within the meaning of section 32 of the Magistrates’ Courts Act 1980).

(4) Where a sentence is passed by virtue of a power in this Schedule for a court to re-sentence an offender, section 9 of the Criminal Appeal Act 1968 (appeal against sentence) applies as if the offender had been convicted on indictment of the offence for which the sentence was passed.”

(4) Paragraph 11 has effect as if sub-paragraph (3) were omitted.

(5) Paragraph 27 has effect as if sub-paragraphs (3)(b), (5) and (6) were omitted.”