Sentencing Act 2020 (c. 17)

SCHEDULES

SCHEDULE 25 Amendments to the Armed Forces Act 2006

PART 1 Amendments to Chapter 1 of Part 8: service compensation orders, service community orders etc.

11 (1) Schedule 6 (overseas community orders) is amended as follows.

(2) In the shoulder reference, for “section 182” substitute “section 183(6)”.

(3) In paragraph 1 (unpaid work requirement), for “section 199 of the 2003 Act” substitute “paragraph 1(1) of Schedule 9 to the Sentencing Code”.

(4) In paragraph 2 (exclusion requirement), for “section 205 of the 2003 Act” substitute “paragraph 11(1) of Schedule 9 to the Sentencing Code”.

(5) In paragraph 3 (residence requirement)—

(a) for sub-paragraph (1) substitute—

“(1) In relation to an overseas community order made in respect of an offender aged under 18 on conviction, paragraph 13 of Schedule 9 to the Sentencing Code has effect as if—

(a) in sub-paragraph (1)(a), after “place”)” there were inserted “or with a particular individual (“the required individual”)”;

(b) in sub-paragraph (2)(a)(i), after “place” there were inserted “or individual”.”;

(b) in sub-paragraph (3), for “Nothing in section 206(2) to (4) of the 2003 Act applies” substitute “Paragraph 14 of Schedule 9 to the Sentencing Code (requirement to consider home surroundings of offender)” does not apply”;

(c) in sub-paragraph (4), for “specified” substitute “particular”;

(d) omit sub-paragraph (5).

(6) In paragraph 4 (mental health requirement)—

(a) in sub-paragraph (1)—

(i) for “section 207(3) of the 2003 Act” substitute “paragraph 17(1) of Schedule 9 to the Sentencing Code”;

(ii) for “of offender to mental health requirement” substitute “condition”;

(b) in sub-paragraph (2)—

(i) for “section 208(1) of the 2003 Act” substitute “paragraph 18 of Schedule 9 to the Sentencing Code”;

(ii) for “the words “with the consent of the offender” do” substitute “sub-paragraph (3) (expression of willingness of offender necessary before alternative arrangements may be made) does”.

(7) In paragraph 5 (drug rehabilitation requirement)—

(a) in sub-paragraph (1), for “section 209(1) of the 2003 Act” substitute “paragraph 19(1) of Schedule 9 to the Sentencing Code”;

(b) in sub-paragraph (2)(b), for “section 209(1)(b) of the 2003 Act” substitute “paragraph 19(1)(b) of Schedule 9 to the Sentencing Code”;

(c) in sub-paragraph (3)—

(i) for “section 209(2) of the 2003 Act” substitute “paragraph 20(1) of Schedule 9 to the Sentencing Code”;

(ii) for “of offender to drug rehabilitation requirement” substitute “condition”.

(8) In paragraph 6 (alcohol treatment requirement), for “section 212 of the 2003 Act” substitute “paragraph 23(1) of Schedule 9 to the Sentencing Code”.

(9) In paragraph 8 (power to amend) for “section 223 of the 2003 Act” substitute “paragraph 13 of Schedule 23 to the Sentencing Act 2020”.