Armed Forces Act 2006

Chapter 4 U.K. Imprisonment for Term of [F1 two years or less]

Textual Amendments

F1 Words in Pt. 8 Ch. 4 heading substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 17 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F2 ... U.K.

Textual Amendments

F2 S. 196 cross-heading omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 18 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F3 196 Term of sentence etc U.K.

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Textual Amendments

F3 S. 196 omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 18 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

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

F4 197 Imprisonment with or without a custody plus order U.K.

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Textual Amendments

F4 Ss. 197-199 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 41(3); S.I. 2012/2906, art. 2(h)

F4 198 Transfer to Scotland or Northern Ireland of custody plus order U.K.

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Textual Amendments

F4 Ss. 197-199 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 41(3); S.I. 2012/2906, art. 2(h)

F4 199 Revocation and amendment of custody plus orders U.K.

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Textual Amendments

F4 Ss. 197-199 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 10 para. 41(3); S.I. 2012/2906, art. 2(h)

Suspended sentences of imprisonment U.K.

[F5 200 Suspended sentence orders U.K.

(1) In the following provisions of the Sentencing Code, “court” includes a relevant service court—

(a) section 264 (suspended sentence order for offender under 21: availability);

(b) section 277 (suspended sentence order for person aged 21 or over: availability);

(c) in Chapter 5 of Part 10 (suspended sentences)—

(i) section 286 (suspended sentence order);

(ii) section 292 (power to impose requirements);

(iii) section 298 (provision of copies of order etc);

(iv) section 302 (duty to obtain permission before changing residence);

(d) Schedule 9 (community requirements), other than paragraphs 21 and 22 (review of drug rehabilitation requirement);

(e) in Schedule 17 (transfer of suspended sentence orders to Scotland and Northern Ireland)—

(i) paragraph 1 (restriction on making relevant suspended sentence order where offender resides in Scotland);

(ii) paragraph 4 (restriction on making relevant suspended sentence order where offender resides in Northern Ireland);

(iii) Part 3 (making of orders);

and the provisions of the Sentencing Code relating to suspended sentence orders apply accordingly to suspended sentence orders made by a relevant service court.

(2) In their application to a suspended sentence order made by a relevant service court, the provisions of the Sentencing Code relating to suspended sentence orders are modified as set out in—

(a) sections 200A to 204, and

(b) Schedule 7 (modifications of Schedule 16 to the Sentencing Code (breach or amendment of suspended sentence order and effect of further conviction)).

Textual Amendments

F5 Ss. 200, 200A substituted (1.12.2020) for s. 200 by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

200A Modifications of section 286 of the Sentencing Code U.K.

Section 286 of the Sentencing Code has effect in relation to a suspended sentence order made by a relevant service court as if—

(a) after subsection (2) there were inserted—

“(2A) But a court may not specify a requirement to be complied with outside the United Kingdom.”;

(b) in subsection (3), for paragraph (a) (but not the “or” after it) there were substituted—

“(a) commits during the operational period—

(i) another service offence (within the meaning of the Armed Forces Act 2006), or

(ii) an offence under the law of any part of the British Islands,”].

Textual Amendments

F5 Ss. 200, 200A substituted (1.12.2020) for s. 200 by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F6 201 Order without community requirements: provisions not applying U.K.

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Textual Amendments

F6 S. 201 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 9 para. 16 (with s. 68(7)); S.I. 2012/2906, art. 2(g)

202 Order with community requirements: disapplication of certain provisions U.K.

The following provisions of [F7 the Sentencing Code] do not apply in relation to a suspended sentence order with community requirements made by a relevant service court—

• [F8 paragraph 17(2)(c) of Schedule] (condition for mental health treatment requirement);

• [F9 section 298(4)] (requirement to give copy of order to magistrates' court).

Textual Amendments

F7 Words in s. 202 substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 20(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F8 Words in s. 202 substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 20(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F9 Words in s. 202 substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 20(c) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I1 S. 202 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2 S. 202 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

[F10 203 Review of order with community requirements U.K.

(1) Section 293 of the Sentencing Code (power to provide for review of suspended sentence order) has effect in relation to a suspended sentence order made by a relevant service court as if for subsections (4) to (6) there were substituted—

“(4) In this section “the responsible court” in relation to a suspended sentence order means the Crown Court.”

(2) In their application to a suspended sentence order made by a relevant service court, paragraphs 21 and 22 of Schedule 9 to the Sentencing Code are modified as follows.

(3) Paragraph 21 (court review of drug rehabilitation requirement) has effect as if for sub-paragraphs (4) to (6) there were substituted—

“(4) In this paragraph “the responsible court”, in relation to a suspended sentence order made by a relevant service court imposing a drug rehabilitation requirement, means the Crown Court.”

(4) Paragraph 22 (periodic review of drug rehabilitation requirement) has effect as if after sub-paragraph (5) there were inserted—

“(5A) In a case where the order was made by the Service Civilian Court, a term of imprisonment or detention in a young offender institution or fine imposed under sub-paragraph (4)(b) must not exceed—

(a) in the case of a term of imprisonment or detention in a young offender institution, 6 months;

(b) in the case of a fine, the prescribed sum within the meaning of section 32 of the Magistrates' Courts Act 1980.

(5B) Where a sentence is passed under sub-paragraph (4)(b), 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.”.]

Textual Amendments

F10 S. 203 substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 21 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C1 S. 203(4) modified (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3) (with s. 5(9)); S.I. 2012/1236, reg. 2

[F11 204 Transfer to Scotland or Northern Ireland of order with community requirements U.K.

Schedule 17 to the Sentencing Code (transfer of suspended sentence orders to Scotland or Northern Ireland) has effect in relation to a suspended sentence order made by a relevant service court as if—

(a) in paragraph 23, sub-paragraph (1)(b) and (c) were omitted;

(b) in paragraph 25, sub-paragraphs (b) and (c) were omitted;

(c) in paragraph 38, sub-paragraph (3)(b) were omitted;

(d) in paragraph 41(1), for the definition of “original court” there were substituted—

““original court”, in relation to an SSSO or an NISSO, means the Crown Court;”.]

Textual Amendments

F11 S. 204 substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 22 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F12 205 Amendment of order with community requirements U.K.

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Textual Amendments

F12 S. 205 omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 23 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F13 206 Suspended sentence: further conviction or breach of community requirement U.K.

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Textual Amendments

F13 S. 206 omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 24 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Supplementary U.K.

[F14 207 Definitions for purposes of Chapter U.K.

In this Chapter—

• “relevant service court” means any of the following—

  (a)

  the Court Martial;

  (b)

  the Service Civilian Court;

  (c)

  the Court Martial Appeal Court;

  (d)

  the Supreme Court on an appeal brought from the Court Martial Appeal Court;

• “suspended sentence order” has the same meaning as in the Sentencing Code (see section 286(6) of that Code);

• “suspended sentence order with community requirements” means a suspended sentence order that specifies one or more community requirements (see section 286(2) of that Code).]

Textual Amendments

F14 S. 207 substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 25 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2