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

Overseas community orders (civilians only) U.K.

183 Overseas community orders: modifications of 2003 Act U.K.

(1) The following provisions of Chapter 4 of Part 12 of the 2003 Act do not apply in relation to overseas community orders—

• section 197(1) and (2) (meaning of “the responsible officer”);

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

• sections 210 and 211 (periodic review of drug rehabilitation requirement);

• section 215 (electronic monitoring requirement);

• section 216 (requirement to specify local justice area);

• section 218 (availability of arrangements in local justice area etc).

[F1 (2) Sections 201(7)(b) and 202(7) of the 2003 Act are to be read in relation to an oversees community order as referring to a place that has been approved by a local probation board or by a provider of probation services.]

(3) The court by which an overseas community order is made must (as well as complying with so much as is applicable of section 219 of the 2003 Act) provide a copy of the order without delay—

(a) to the offender's commanding officer;

(b) if the offender is aged under 14, to his parent or guardian; and

(c) if the order imposes an education requirement under Schedule 6 to this Act, to Service Children's Education.

(4) For the purposes of Part 12 of the 2003 Act “the responsible officer”, in relation to an offender to whom an overseas community order relates, means the officer of a local probation board [F2 or the officer of a provider of probation services (as the case may be)] who, as respects the offender, is for the time being responsible for discharging the functions conferred by that Part on the responsible officer.

(5) The power conferred on the Secretary of State by section 197(3)(a) of the 2003 Act includes power to amend subsection (4) above.

Textual Amendments

F1 S. 183(2) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), Sch. 1 para. 23(2)(a)

F2 Words in s. 183(4) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), Sch. 1 para. 23(2)(b)

Commencement Information

I1 S. 183 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. 183 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4