Armed Forces Act 2006 (c. 52)

SCHEDULES

SCHEDULE 7 U.K. Suspended prison sentence: further conviction or breach of requirement

Part 1 U.K. Introductory

Suspended sentence order with community requirements U.K.

1 U.K. Part 2 of Schedule 12 to the 2003 Act (breach of community requirement, or further conviction) has effect in its application to a suspended sentence order with community requirements made by a relevant service court—

(a) as if paragraphs 3, 4(4), 5(2), 6, 8(4A), (6) and (7) and 12(4) of that Schedule were omitted; and

(b) with the modifications in paragraphs 4 to 9 of this Schedule.

Commencement Information

I1 Sch. 7 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)

I2 Sch. 7 para. 1 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Suspended sentence order without community requirements U.K.

2 (1) In its application to a suspended sentence order without community requirements, Part 2 of Schedule 12 to the 2003 Act has effect— U.K.

(a) as if the provisions of that Schedule mentioned in sub-paragraph (2) below were omitted; and

(b) with the modifications in paragraphs 6 to 9 of this Schedule.

(2) The provisions referred to in sub-paragraph (1)(a) above are—

(a) paragraphs 3 to 7 and 10;

(b) in paragraph 8—

(i) paragraph (a) of each of sub-paragraphs (1) and (4);

(ii) sub-paragraphs (i) and (ii) of sub-paragraph (2)(c);

(iii) sub-paragraphs (4A), (6) and (7);

(c) paragraph 12(4).

Commencement Information

I3 Sch. 7 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)

I4 Sch. 7 para. 2 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Meaning of “court” U.K.

3 U.K. A relevant service court is a “court” for the purposes of—

(a) Part 2 of Schedule 12 to the 2003 Act as it applies in relation to a suspended sentence passed by a relevant service court;

(b) paragraph 22 of that Schedule (as modified by section 205(1) of this Act) as it applies to an order under Part 2 of that Schedule amending a suspended sentence order with community requirements made by a relevant service court.

Commencement Information

I5 Sch. 7 para. 3 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)

I6 Sch. 7 para. 3 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4