Part 8 U.K. Sentencing Powers and Mandatory etc Sentences

Modifications etc. (not altering text)

C1 Pt. 8 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(2)

Chapter 1 U.K. Definition etc of Certain Sentences

[F1 Deprivation orders U.K.

Textual Amendments

F1 Ss. 177B-177F and cross-heading inserted (1.5.2022 for specified purposes, 22.11.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), ss. 14(4), 24(1); S.I. 2022/471, reg. 2(f); S.I. 2023/1102, reg. 3

177C Deprivation order: availability U.K.

(1) Where an offender is convicted of a service offence, the decision maker may make a deprivation order relating to any property to which subsection (2) applies.

(2) This subsection applies to property which—

(a) has been lawfully seized from the offender, or

(b) was in the offender’s possession or under the offender’s control when the offender was apprehended for, or charged with, the offence,

if subsection (3) or (5) applies.

(3) This subsection applies if the decision maker is satisfied that the property—

(a) has been used for the purpose of committing, or facilitating the commission of, a service offence, or

(b) was intended by the offender to be used for that purpose.

(4) For the purposes of subsection (3), facilitating the commission of an offence includes taking any steps after it has been committed for the purpose of—

(a) disposing of any property to which the offence relates, or

(b) avoiding apprehension or detection.

(5) This subsection applies if—

(a) the offence mentioned in subsection (1), or

(b) an offence which is taken into consideration by the decision maker in determining the offender’s sentence,

consists of unlawful possession of the property.

(6) Where a deprivation order is made, the property to which it relates is to be taken into the possession of an appropriate authority (if it is not already in the possession of such an authority).

(7) In subsection (6) “appropriate authority” means—

(a) a member of a service police force, or

(b) if no relevant body has been involved in the matter, the offender’s commanding officer.

(8) In subsection (7) “relevant body” means a service police force or the tri-service serious crime unit.]