SCHEDULES

SCHEDULE 3Civilians etc: modifications of Court Martial sentencing powers

Part 1Civilian offenders

1

(1)

In relation to a civilian offender, section 164 (punishments available to Court Martial) has effect as if subsections (4), (6) and (7) were omitted and as if for the Table there were substituted—“
TABLE

Row Number

Punishment

Limitation

1

imprisonment

2

a fine

3

a service community order (defined by section 178)

only if subsection (5) permits

4

an overseas community order (defined by section 182)

only if it appears to the court that the offender will reside outside the United Kingdom when the order is in force

5

a conditional discharge (defined by section 185)

6

an absolute discharge (defined by section 185)

7

a service compensation order (defined by section 175)”

(2)

A person is a “civilian offender” for the purposes of this Part of this Schedule if he has committed a service offence and—

(a)

he was a civilian when he committed the offence;

(b)

he is a civilian when sentenced for the offence; and

(c)

he remained a civilian throughout the period between committing the offence and being sentenced.

(3)

In sub-paragraph (2) “a civilian” means a person who is—

(a)

not a member of the regular forces;

(b)

not a member of the reserve forces; and

(c)

not liable to recall.

(4)

For the purposes of this paragraph a person is “liable to recall” if—

(a)

under section 65(1) of the Reserve Forces Act 1996 (c. 14) he is liable to be recalled for service; or

(b)

he is liable to be recalled as mentioned in section 35(1) of the Reserve Forces Act 1980 (c. 9).

2

For the purposes of determining the Court Martial’s powers when sentencing a civilian offender for an offence under section 42, section 42(3) (maximum penalties) has effect as if the reference to rows 5 to 12 were to rows 2 to 7.