Armed Forces Act 1986

9 Power of Standing Civilian Court to defer sentence

(1) In Schedule 5A to the [1955 c. 18.] Army Act 1955 (powers of court on trial of civilian), after paragraph 2 there shall be inserted the following paragraph—

“Deferment of award of sentence

2A (1) Subject to the provisions of this paragraph, where a civilian is found guilty of an offence by a Standing Civilian Court, the Standing Civilian Court may defer the award of sentence against him for the purpose of enabling the Standing Civilian Court, or any other court to which it falls to deal with him, to have regard, in dealing with him, to his conduct after conviction (including, where appropriate, the making by him of reparation for his offence) or to any change in his circumstances.

(2) Any deferment under this paragraph shall be until such date as may be specified by the Standing Civilian Court, being a date not more than six months after the date on which the Standing Civilian Court announces the deferment; and where the award of sentence against an offender has been deferred on one occasion, it shall not be further deferred.

(3) The power conferred by this paragraph shall be exercisable only if the offender consents and the Standing Civilian Court is satisfied, having regard to the nature of the offence and the character and circumstances of the offender, that it would be in the interests of justice to exercise the power.

(4) A Standing Civilian Court which has deferred the award of sentence against an offender may deal with him at a time when the period of deferment has not expired if—

(a) he is during that period found guilty of an offence by a court-martial under any of the Services Acts or by a Standing Civilian Court; or

(b) such conditions as may be specified for the purposes of this paragraph in an order under paragraph 12 of Schedule 3 to the [1976 c. 52.] Armed Forces Act 1976 (proceedings in Standing Civilian Courts) are satisfied in relation to him.

(5) Without prejudice to sub-paragraph (4) above, where a Standing Civilian Court has deferred the award of sentence against an offender in respect of one or more offences and the offender is, during the period of the deferment, found guilty of an offence (' the subsequent offence') by a court-martial under any of the Services Acts or by a Standing Civilian Court, then, subject to subsection (6) below, the court which (whether during that period or not) deals with the offender for the subsequent offence may also, if this has not already been done, deal with him for the offence or offences in respect of which the award of sentence was deferred.

(6) Subject to sub-paragraph (7) below, the power of a court under this paragraph to deal with an offender for an offence in respect of which the award of sentence has been deferred shall be a power to deal with him in any way in which the Standing Civilian Court which deferred the award of sentence could have dealt with him for that offence.

(7) In a case falling within sub-paragraph (5) above a court-martial which awards a sentence of imprisonment or a sentence under a custodial order for the subsequent offence may (subject to the application to the aggregate of the sentences of any limit imposed by, or by any provision corresponding to, section 85 of this Act or paragraph 10(1A) below) order that the sentence shall begin to run from the expiry of any sentence which, being a sentence of imprisonment or a sentence under a custodial order, is awarded for the offence or offences in respect of which the award of sentence was deferred.

(8) Where a Standing Civilian Court has deferred the award of sentence against an offender, the Court or the directing officer may order the offender's arrest either—

(a) in order to secure the offender's appearance on the day specified by the Standing Civilian Court as the day on which it proposes to deal with him (including a day before the end of the period of deferment) ; or

(b) where the offender has failed to appear on a day so specified.

(9) Where the arrest of an offender has been ordered under sub-paragraph (8) above, then, whether or not the offender continues to be subject to service law—

(a) he may be arrested—

(i) by a provost officer ; or

(ii) by any warrant officer or non-commissioned officer legally exercising authority under or on behalf of a provost officer ; or

(iii) by order of any officer of the regular forces or of the regular air force (within the meaning of the [1955 c. 19.] Air Force Act 1955); and

(b) a warrant for the offender's arrest may be issued to any officer or officers of police by the directing officer or by any superior officer or authority.

(10) A warrant under sub-paragraph (9) (b) above shall specify the name of the person for whose arrest it is issued and shall refer to the order of the Standing Civilian Court or directing officer that that person be arrested.

(11) A person arrested under this paragraph shall be delivered into military or air force custody and may be kept in such custody until his appearance before the Standing Civilian Court which deferred the award of sentence against him.

(12) Where under this section an officer of police delivers a person into military or air force custody, there shall be handed over with him a certificate which shall—

(a) be in such form as may be specified by order under paragraph 12 of Schedule 3 to the [1976 c. 52.] Armed Forces Act 1976;

(b) be signed by that officer of police ; and

(c) state the fact, date, time and place of arrest;

and such a certificate shall for the purposes of this Act be evidence of the matters stated therein.

(13) In this paragraph ' the directing officer ', in relation to an offender, means the higher authority by whom the offender was sent for trial for the offence in respect of which the award of sentence was deferred, or any officer for the time being discharging the functions of that authority.”

(2) The provisions set out in subsection (1) above shall also be inserted after paragraph 2 of Schedule 5A to the [1955 c. 19.] Air Force Act 1955 but as if in sub-paragraph (9)(a) for the words from " regular forces " to " 1955)" there were substituted the words " regular air force or of the regular forces (within the meaning of the [1955 c. 18.] Army Act 1955) ".

(3) In paragraph 12 of Schedule 3 to the [1976 c. 52.] Armed Forces Act 1976 (power to make orders with respect to procedures before Standing Civilian Courts), after sub-paragraph (3) there shall be inserted the following sub-paragraph—

“(3A) An order under this paragraph may, for the purposes of paragraph 2A of Schedule 5A to the Army Act 1955 and paragraph 2A of Schedule 5A to the Air Force Act 1955, specify the conditions to be satisfied, in relation to an offender, before a Standing Civilian Court that has deferred the award of sentence against the offender may award sentence during the period of deferment.”