Version Superseded: 27/11/2024
Point in time view as at 01/04/2023. This version of this provision has been superseded.
Armed Forces Act 2006, Section 185 is up to date with all changes known to be in force on or before 10 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)A conditional discharge is an order discharging the offender subject to the condition that he commits no service offence during a period specified in the order.
(2)The period specified in the order (“the period of conditional discharge”) must—
(a)begin with the date of the order; and
(b)not exceed the maximum period for the time being specified in [F1section 80(5) of the Sentencing Code] (maximum period of civilian conditional discharge).
(3)An absolute discharge is an order discharging the offender absolutely.
(4)Where by virtue of Schedule 3 a court sentences an offender by conditionally or absolutely discharging him, the sentence must not include any other punishment except a service compensation order [F2, deprivation order or driving disqualification order].
Textual Amendments
F1Words in s. 185(2)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 13 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
F2Words in s. 185(4) inserted (1.5.2022 for specified purposes, 1.4.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 6 para. 9; S.I. 2022/471, reg. 2(f); S.I. 2023/158, reg. 3
Commencement Information
I1S. 185 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)
I2S. 185 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
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