SCHEDULES

SCHEDULE 7U.K.Suspended prison sentence: further conviction or breach of requirement

Part 2U.K.Modifications referred to in Part 1

Conviction of further offenceU.K.

6[F1(1)]Paragraph 8(1)(b) of that Schedule (powers on conviction of further offence) has effect in relation to a suspended sentence passed by a relevant service court as if—U.K.

(a)the reference to an offence were to a service offence or [F2an offence under the law of any part of the British Islands];

(b)in sub-paragraph (i) the reference to a court having power under paragraph 11 to deal with the offender in respect of the suspended sentence were to the Crown Court, the Court Martial or the Service Civilian Court;

(c)in sub-paragraph (ii) the reference to such a court were to the Court Martial.

[F3(2)Anything that under section 376(1) and (2) of this Act is to be treated as a conviction for the purposes of this Act is also to be treated as a conviction for the purposes of paragraph 8(1)(b) of that Schedule as modified by this paragraph.]

Textual Amendments

F1Sch. 7 para. 6 renumbered as Sch. 7 para. 6(1) (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 24(2); S.I. 2012/669, art. 4(d)

F2Words in Sch. 7 para. 6(1)(a) substituted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 24(3); S.I. 2012/669, art. 4(d)

Commencement Information

I1Sch. 7 para. 6 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2Sch. 7 para. 6 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4