Textual Amendments
F1Sch. 6A inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 12 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2
3U.K.Part 2 (breach of requirement of order) has effect as if—
(a)paragraph 6 were modified as set out in paragraph 4 of this Schedule;
(b)paragraph 7 were omitted;
(c)for paragraphs 8 and 9 there were substituted the paragraph 8A set out in paragraph 5 of this Schedule;
(d)paragraph 10 were omitted;
(e)paragraph 11 were modified as set out in paragraph 6 of this Schedule;
(f)after paragraph 11 there was inserted the paragraph 11A set out in paragraph 7 of this Schedule.
4U.K.Paragraph 6 (duty to give warning or refer matter to enforcement officer) has effect as if—
(a)in sub-paragraph (2), for the words “refer the matter to an enforcement officer” there were substituted “ apply to the court that made the order for the exercise of its powers in relation to the breach in question ”;
(b)in sub-paragraph (3), for paragraph (b) there were substituted—
“(b)apply to the court that made the order for the exercise of its powers in relation to the breach.”
5U.K.The paragraph 8A (substituted for paragraphs 8 and 9) is as follows—
8A(1)This paragraph applies where—
(a)an overseas community order under the Armed Forces Act 2006 is in force, and
(b)it appears to the court that made the order, on an application by the responsible officer, that the offender has breached a requirement of the order.
(2)The court may—
(a)issue a summons requiring the offender to appear at the place and time specified in it, or
(b)issue a warrant for the offender's arrest.
(3)A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the court issuing the summons or warrant.
(4)Where—
(a)a summons is issued under this paragraph, and
(b)the offender does not appear in answer to the summons,
the court may issue a warrant for the arrest of the offender.”
6U.K.Paragraph 11 (powers of Crown Court) has effect as if—
(a)for the heading, there were substituted “ Powers of court that made the order ”;
(b)in sub-paragraph (1)(a), for “Crown Court under paragraph 9 or by virtue of paragraph 10(3)” there were substituted “ court under paragraph 8A ”;
(c)in sub-paragraph (2), for “Crown Court” there were substituted “ court ” (in both places);
(d)sub-paragraph (3) were omitted;
(e)in sub-paragraph (4), for “Crown Court” there were substituted “ court ”;
(f)in sub-paragraph (6)—
(i)after “custodial sentence” there were inserted “ within the meaning of the Armed Forces Act 2006 ”, and
(ii)for “230(2)” there were substituted “ 260(2) of that Act ”;
(g)in sub-paragraph (7), for “Crown Court” there were substituted “ court ”;
(h)sub-paragraph (8) were omitted.
7U.K.The paragraph 11A to be inserted after paragraph 11 is as follows—
11A(1)Section 251 of the Armed Forces Act 2006 (power to order payment of fine by instalments) applies to a fine imposed under paragraph 11(2)(a) as it applies to a fine imposed by a court for a service offence.
(2)Sub-paragraph (3) applies where a court imposes a fine under paragraph 11(2)(a) on an offender who—
(a)is aged under 18 when the fine is imposed, and
(b)has a service parent or service guardian (within the meaning of section 268 of the Armed Forces Act 2006).
(3)Subsections (2) to (4) of section 268 of the Armed Forces Act 2006 (payment of fine by service parent or service guardian) apply in relation to the fine imposed under paragraph 11(2)(a) as they apply in relation to a fine in the circumstances mentioned in subsection (1) that section, but with the reference in subsection (2) of section 268 to the time of conviction being read as a reference to the time the fine is imposed.
(4)Section 269(2) of the Armed Forces Act 2006 (power of court to make financial statement order before making order under section 268) does not apply in relation to an order under section 268 which is made by virtue of sub-paragraph (3).”]