1(1)In relation to a civilian offender, section 164 (punishments available to Court Martial) has effect as if subsections (4), (6) and (7) were omitted and as if for the Table there were substituted—U.K.
| Row Number | Punishment | Limitation |
|---|---|---|
| 1 | imprisonment | |
| 2 | a fine | |
| 3 | a service community order (defined by section 178) | only if subsection (5) permits |
| 4 | an overseas community order (defined by section 182) | only if it appears to the court that the offender will reside outside the United Kingdom when the order is in force |
| 5 | a conditional discharge (defined by section 185) | |
| 6 | an absolute discharge (defined by section 185) | |
| 7 | a service compensation order (defined by section 175) | ” |
(2)A person is a “civilian offender” for the purposes of this Part of this Schedule if he has committed a service offence and—
(a)he was a civilian when he committed the offence;
(b)he is a civilian when sentenced for the offence; and
(c)he remained a civilian throughout the period between committing the offence and being sentenced.
(3)In sub-paragraph (2) “a civilian” means a person who is—
(a)not a member of the regular forces;
(b)not a member of the reserve forces; and
(c)not liable to recall.
(4)For the purposes of this paragraph a person is “liable to recall” if—
(a)under section 65(1) of the Reserve Forces Act 1996 (c. 14) he is liable to be recalled for service; or
(b)he is liable to be recalled as mentioned in section 35(1) of the Reserve Forces Act 1980 (c. 9).
Commencement Information
I1Sch. 3 para. 1 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)
I2Sch. 3 para. 1 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
2U.K.For the purposes of determining the Court Martial's powers when sentencing a civilian offender for an offence under section 42, section 42(3) (maximum penalties) has effect as if the reference to rows 5 to 12 were to rows 2 to 7.
Commencement Information
I3Sch. 3 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)
I4Sch. 3 para. 2 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4