Armed Forces Act 2006

Valid from 28/03/2009

200 Suspended sentence orders with or without community requirements U.K.

(1) Subsection (2) applies where (apart from this section) a relevant service court would have power under section 189 of the 2003 Act to make a suspended sentence order.

(2) Section 189(1) of that Act shall be read as conferring on the court a power either—

(a) to make a suspended sentence order with community requirements; or

(b) to make a suspended sentence order without community requirements.

(3) In this Chapter “a suspended sentence order with community requirements” means a suspended sentence order that—

(a) includes all the provision required by section 189(1) of the 2003 Act (as modified by subsection (5) below); and

(b) complies with section 189(3) and (4) of that Act.

(4) In this Chapter “a suspended sentence order without community requirements” means a suspended sentence order made as if in section 189 of the 2003 Act (as modified by subsection (5) below) the following were omitted—

(a) paragraph (a) of subsection (1);

(b) in paragraph (b) of that subsection, sub-paragraph (i) (and the word “either” before that sub-paragraph);

(c) subsection (4) and the reference in subsection (3) to the supervision period.

(5) In section 189(1) of the 2003 Act (suspended sentence orders) as it applies to a relevant service court, paragraph (b)(ii) (commission of UK offence in operational period of order) has effect as if for the words from “commits” to the end of sub-paragraph (ii) there were substituted “commits—

(a) another service offence (within the meaning of the Armed Forces Act 2006), or

(b) an offence in the British Islands,”.

(6) A relevant service court may not specify in a suspended sentence order with community requirements a requirement to be complied with outside the United Kingdom.