SCHEDULE 25Amendments to the Armed Forces Act 2006
PART 1Amendments to Chapter 1 of Part 8: service compensation orders, service community orders etc.
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(1)
Schedule 6 (overseas community orders) is amended as follows.
(2)
In the shoulder reference, for “section 182” substitute “section 183(6)”.
(3)
In paragraph 1 (unpaid work requirement), for “section 199 of the 2003 Act” substitute “paragraph 1(1) of Schedule 9 to the Sentencing Code”.
(4)
In paragraph 2 (exclusion requirement), for “section 205 of the 2003 Act” substitute “paragraph 11(1) of Schedule 9 to the Sentencing Code”.
(5)
In paragraph 3 (residence requirement)—
(a)
“(1)
In relation to an overseas community order made in respect of an offender aged under 18 on conviction, paragraph 13 of Schedule 9 to the Sentencing Code has effect as if—
(a)
in sub-paragraph (1)(a), after “place”)” there were inserted “or with a particular individual (“the required individual”)”;
(b)
in sub-paragraph (2)(a)(i), after “place” there were inserted “or individual”.”;
(b)
in sub-paragraph (3), for “Nothing in section 206(2) to (4) of the 2003 Act applies” substitute “Paragraph 14 of Schedule 9 to the Sentencing Code (requirement to consider home surroundings of offender)” does not apply”;
(c)
in sub-paragraph (4), for “specified” substitute “particular”;
(d)
omit sub-paragraph (5).
(6)
In paragraph 4 (mental health requirement)—
(a)
in sub-paragraph (1)—
(i)
for “section 207(3) of the 2003 Act” substitute “paragraph 17(1) of Schedule 9 to the Sentencing Code”;
(ii)
for “of offender to mental health requirement” substitute “condition”;
(b)
in sub-paragraph (2)—
(i)
for “section 208(1) of the 2003 Act” substitute “paragraph 18 of Schedule 9 to the Sentencing Code”;
(ii)
for “the words “with the consent of the offender” do” substitute “sub-paragraph (3) (expression of willingness of offender necessary before alternative arrangements may be made) does”.
(7)
In paragraph 5 (drug rehabilitation requirement)—
(a)
in sub-paragraph (1), for “section 209(1) of the 2003 Act” substitute “paragraph 19(1) of Schedule 9 to the Sentencing Code”;
(b)
in sub-paragraph (2)(b), for “section 209(1)(b) of the 2003 Act” substitute “paragraph 19(1)(b) of Schedule 9 to the Sentencing Code”;
(c)
in sub-paragraph (3)—
(i)
for “section 209(2) of the 2003 Act” substitute “paragraph 20(1) of Schedule 9 to the Sentencing Code”;
(ii)
for “of offender to drug rehabilitation requirement” substitute “condition”.
(8)
In paragraph 6 (alcohol treatment requirement), for “section 212 of the 2003 Act” substitute “paragraph 23(1) of Schedule 9 to the Sentencing Code”.
(9)
In paragraph 8 (power to amend) for “section 223 of the 2003 Act” substitute “paragraph 13 of Schedule 23 to the Sentencing Act 2020”.