SCHEDULE 13Protection of children of service families
4
(1)
Section 20 of that Act (content and effect of protection orders) is amended as follows.
(2)
In subsection (4) for “officer” substitute “
judge advocate
”
.
(3)
In subsection (6)(b)(iii) for “the officer having jurisdiction” substitute “
a judge advocate
”
.
(4)
“(9)
A person subject to service law, or a civilian subject to service discipline, commits an offence if he—
(a)
intentionally obstructs any person exercising the power under subsection (2)(b) above to remove, or prevent the removal of, a child; or
(b)
intentionally fails to comply with an exclusion requirement included in a protection order by virtue of section 20A below.
(9A)
A person guilty of an offence under this section is liable to any punishment mentioned in rows 5 to 12 of the Table in section 164 of the Armed Forces Act 2006.
(9B)
For the purposes of determining the court's powers when sentencing a civilian offender (within the meaning of Part 1 of Schedule 3 to the Armed Forces Act 2006) for an offence under this section, subsection (9A) has effect as if the reference to rows 5 to 12 were to rows 2 to 7.
(9C)
For the purposes of determining the court's powers when sentencing an offender to whom Part 2 of that Schedule applies (ex-servicemen etc) for an offence under this section, subsection (9A) has effect as if the reference to rows 5 to 12 were to rows 5 to 10.”