Armed Forces Act 2006

2 (1) Section 18 of that Act (content, effect, variation and discharge of assessment orders) is amended as follows. U.K.

(2) In subsection (2)(b) for “officer” substitute “ judge advocate ”.

(3) In subsection (6) for “officer” substitute “ judge advocate ”.

(4) In subsection (8)—

(a) for “or a civilian in a corresponding position who” substitute “ , or a civilian subject to service discipline, commits an offence if he ”;

(b) omit the words “on him”;

(c) omit the words from “shall be liable” to the end.

(5) After that subsection insert—

“(8A) A person guilty of an offence under this section is liable to any punishment mentioned in rows 5 to 12 of the Table in section 164 of the Armed Forces Act 2006.

(8B) For the purposes of determining the court's powers when sentencing a civilian offender (within the meaning of Part 1 of Schedule 3 to the Armed Forces Act 2006) for an offence under this section, subsection (8A) has effect as if the reference to rows 5 to 12 were to rows 2 to 7.

(8C) For the purposes of determining the court's powers when sentencing an offender to whom Part 2 of that Schedule applies (ex-servicemen etc) for an offence under this section, subsection (8A) has effect as if the reference to rows 5 to 12 were to rows 5 to 10.”

(6) Omit subsection (9).

Commencement Information

I1 Sch. 13 para. 2 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 Sch. 13 para. 2 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4