SCHEDULES

SCHEDULE 25Amendments to the Armed Forces Act 2006

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

I17

1

Section 182 (overseas community orders) is amended as follows.

2

In subsection (1), in paragraph (a), for the words from “mentioned” to “Act)” substitute “ listed in column 1 of the community order requirements table in section 201 of the Sentencing Code ”.

3

In subsection (1A), for the words from “a requirement” to the end, substitute

any of the following—

a

a foreign travel prohibition requirement;

b

an alcohol abstinence and monitoring requirement;

c

an electronic compliance monitoring requirement;

d

an electronic whereabouts monitoring requirement.

4

In subsection (2), omit “mentioned in section 177(1) of the 2003 Act”.

5

For subsections (3) to (5) substitute—

3

The following provisions of the Sentencing Code apply in relation to an overseas community order under this Act—

a

section 203 (restriction on making both community order and suspended sentence order);

b

sections 206 and 207(3) (community order: available requirements);

c

section 208(2) and Schedule 9 (requirements relating to community orders), other than the following provisions of that Schedule—

i

paragraph 3(1)(b) (unpaid work requirement: availability of arrangements);

ii

paragraph 10(3) (requirement to impose electronic monitoring requirement when imposing curfew requirement);

iii

paragraph 12 (requirement to impose electronic monitoring requirement when imposing exclusion requirement);

iv

paragraph 15 (foreign travel prohibition requirement);

v

paragraph 17(2)(c) (condition for mental health treatment requirement);

vi

paragraphs 21 and 22 (periodic review of drug rehabilitation requirement);

vii

paragraphs 25 and 26 (alcohol abstinence and monitoring requirement);

viii

paragraph 28(a) (availability of attendance centre);

ix

paragraphs 29 to 35 (electronic monitoring);

d

section 208(10) to (14) (further requirements) (see also the modifications to section 208(11) made by section 183(2) of this Act);

e

section 209 (end date);

f

section 212(1) to (3) and (5) (provision of copies) (see also the modifications made to section 212 by section 183(3) of this Act);

g

sections 213 to 216 (obligations of responsible officer and offender) (see also the modifications made to sections 214 and 216 by section 183(4) and (5) of this Act);

h

section 218 and Schedule 10 (breach, revocation or amendment of community order) (see also the modifications to Schedule 10 made by Schedule 6A to this Act);

i

section 220 (when order ceases to be in force);

j

section 394 (rules relating to community orders).

4

In the application of those provisions to an overseas community order, references to a community order include an overseas community order.

5

In the application of those provisions to an overseas community order, other than in Schedule 10, references to a court include a relevant service court.

See Schedule 6A to this Act as regards references to a court in Schedule 10.