Armed Forces Act 2006

Breach of requirement of order U.K.

F1 12 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 5 paras. 12A, 12B substituted for Sch. 5 para. 12 (1.6.2014) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 6 para. 6(3) (with s. 23(4)); S.I. 2014/1287, art. 2(e)

[F1 12A U.K. Paragraph 5(1) of that Schedule (duty to give warning) has effect as if for paragraph (b) there were substituted—

“(b) the officer applies to the court that made the order for the exercise of its powers in relation to the failure.”]

Textual Amendments

F1 Sch. 5 paras. 12A, 12B substituted for Sch. 5 para. 12 (1.6.2014) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 6 para. 6(3) (with s. 23(4)); S.I. 2014/1287, art. 2(e)

[F1 12B U.K. Paragraph 6(1) of that Schedule (breach of order after warning) has effect as if for the words from “must refer” to the end there were substituted “ must apply to the court that made the order for the exercise of its powers in relation to the failure in question ”.]

Textual Amendments

F1 Sch. 5 paras. 12A, 12B substituted for Sch. 5 para. 12 (1.6.2014) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 6 para. 6(3) (with s. 23(4)); S.I. 2014/1287, art. 2(e)

13 U.K. Paragraph 8 of that Schedule (issue of summons or warrant for breach) has effect in relation to such an order as if for it and the cross-heading before it there were substituted—

“Issue of summons or warrant U.K.

8 (1) If at any time while an overseas community order under the Armed Forces Act 2006 is in force it appears to the appropriate court, on an application by the responsible officer, that the offender has failed to comply with any of the requirements of the order, that court may—

(a) issue a summons requiring the offender to appear at the time and place specified in it, or

(b) issue a warrant for his arrest.

(2) In sub-paragraph (1) “the appropriate court” means the court that made the order.

(3) Any summons or warrant issued under this paragraph must direct the offender to appear or be brought before the court issuing the summons or warrant.

(4) Where a summons issued under sub-paragraph (1)(a) requires the offender to appear before the court and he does not appear in answer to the summons, the court may issue a warrant for his arrest.”

Commencement Information

I1 Sch. 5 para. 13 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. 5 para. 13 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

14 U.K. Paragraph 10 of that Schedule (powers of Crown Court on breach of community order) has effect in relation to an overseas community order as if—

(a) the cross-heading before it were “Powers of court that made the order”;

(b) any reference to the Crown Court in sub-paragraphs (1) to [F2 (3A)] and (5) were to the court that made the overseas community order; and

(c) for sub-paragraph (4) there were substituted—

“(4) In dealing with an offender under sub-paragraph (1)(b) the court may, in the case of an offender who has wilfully and persistently failed to comply with the requirements of the order, impose a custodial sentence within the meaning of the Armed Forces Act 2006 (where the order was made in respect of an offence punishable with such a sentence) notwithstanding anything in section 260(2) of that Act.”

Textual Amendments

F2 Word in Sch. 5 para. 14(b) substituted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 32; S.I. 2009/1028, art. 2(b)

Commencement Information

I3 Sch. 5 para. 14 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)

I4 Sch. 5 para. 14 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

[F3 14A (1) The following provisions apply where the Court Martial or the Service Civilian Court imposes a fine under paragraph 10(1)(aa) of that Schedule as applied by this Part of this Schedule. U.K.

(2) Section 251 of this Act (power to order payment of fine by instalments) applies in relation to the fine as it applies in relation to a fine imposed by a court for a service offence.

(3) Where the offender is aged under 18 when the fine is imposed and has a service parent or service guardian (within the meaning of section 268 of this Act), subsections (2) to (4) of that section (payment of fine by service parent or service guardian) apply in relation to the fine as they apply in relation to a fine imposed in the circumstances mentioned in subsection (1) of that section.

(4) In the application of subsection (2) of section 268 by virtue of sub-paragraph (3) of this paragraph, the reference in that subsection to the time of conviction is to be read as a reference to the time the fine is imposed.

(5) Section 269(2) of this Act (power of court to make financial statement order before making order under section 268) does not apply in relation to an order under section 268 which is made by virtue of sub-paragraph (3) of this paragraph.]

Textual Amendments

F3 Sch. 5 para. 14A inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 78(9), 151(1); S.I. 2012/2906, art. 2(a)