C1Part 8Sentencing Powers and Mandatory etc Sentences

Annotations:
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 1Definition etc of Certain Sentences

Service community orders (civilians and dismissed servicemen only)

F1181Breach, revocation or amendment of service community order

1

Schedule 10 to the Sentencing Code (breach, revocation or amendment of community order) applies to a service community order as it applies to a Crown Court community order (within the meaning of that Schedule) with the following modifications.

2

Paragraph 1(1) has effect as if, for the definition of “appropriate court” there were substituted—

“appropriate court” means the Crown Court;

C23

Part 1 has effect as if, after paragraph 5, the following paragraph were inserted—

Re-sentencing powers

5A

1

Sub-paragraphs (2) and (3) apply where—

a

this Schedule provides the court with a power to re-sentence an offender for the offence in respect of which a service community order was made, and

b

the service community order was made by the Service Civilian Court.

2

A term of imprisonment or detention in a young offender institution imposed under the power to re-sentence the offender must not exceed 6 months.

3

A fine imposed under the power to re-sentence the offender must not exceed the prescribed sum (within the meaning of section 32 of the Magistrates' Courts Act 1980).

4

Where a sentence is passed by virtue of a power in this Schedule for a court to re-sentence an offender, section 9 of the Criminal Appeal Act 1968 (appeal against sentence) applies as if the offender had been convicted on indictment of the offence for which the sentence was passed.

4

Paragraph 11 has effect as if sub-paragraph (3) were omitted.

5

Paragraph 27 has effect as if sub-paragraphs (3)(b), (5) and (6) were omitted.