Armed Forces Act 2006 (c. 52)

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

Service community orders (civilians and dismissed servicemen only) U.K.

178 Service community orders U.K.

(1) A service community order is an order—

(a) imposing on the offender one or more of the requirements mentioned in section 177(1) of the 2003 Act (community orders under that Act); and

(b) specifying the local justice area in England and Wales, or (as the case may be) the locality in Scotland or the petty sessions district in Northern Ireland, where the offender resides or will reside.

(2) The power to include in the order one or more of the requirements mentioned in section 177(1) of the 2003 Act is subject to—

(a) any restriction that section 177(1) imposes in relation to a particular requirement;

(b) the provisions of the 2003 Act mentioned in the paragraphs of section 177(2) of that Act; and

(c) section 218 of that Act.

(3) In the following provisions of the 2003 Act “community order” includes a service community order under this Act—

• section [F1 177(2A)] to (6) (provision about the making of community orders);

• section 178 (power to provide for court review of community orders);

• Chapter 4 of Part 12 (further provision about orders).

(4) In those provisions in their application in relation to a service community order under this Act, “court” includes a relevant service court.

(5) The following provisions of the 2003 Act do not apply in relation to a service community order under this Act—

• section 207(3)(a)(ii) (condition for mental health treatment requirement);

• section 219(3) (requirement to give copy of order to magistrates' court).

(6) For the purposes of this section each of the following is a relevant service court—

(a) the Court Martial;

(b) the Service Civilian Court;

(c) the Court Martial Appeal Court;

(d) the Supreme Court on an appeal brought from the Court Martial Appeal Court.

Textual Amendments

F1 Word in s. 178(3) substituted (11.12.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 32 (with Sch. 16 para. 35); S.I. 2013/2981, art. 2(e)

Commencement Information

I1 S. 178 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)

I2 S. 178 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4