Sentencing Act 2020

19 E+W For section 200 substitute—

“200 Suspended sentence orders

(1) In the following provisions of the Sentencing Code, “court” includes a relevant service court—

(a) section 264 (suspended sentence order for offender under 21: availability);

(b) section 277 (suspended sentence order for person aged 21 or over: availability);

(c) in Chapter 5 of Part 10 (suspended sentences)—

(i) section 286 (suspended sentence order);

(ii) section 292 (power to impose requirements);

(iii) section 298 (provision of copies of order etc);

(iv) section 302 (duty to obtain permission before changing residence);

(d) Schedule 9 (community requirements), other than paragraphs 21 and 22 (review of drug rehabilitation requirement);

(e) in Schedule 17 (transfer of suspended sentence orders to Scotland and Northern Ireland)—

(i) paragraph 1 (restriction on making relevant suspended sentence order where offender resides in Scotland);

(ii) paragraph 4 (restriction on making relevant suspended sentence order where offender resides in Northern Ireland);

(iii) Part 3 (making of orders);

and the provisions of the Sentencing Code relating to suspended sentence orders apply accordingly to suspended sentence orders made by a relevant service court.

(2) In their application to a suspended sentence order made by a relevant service court, the provisions of the Sentencing Code relating to suspended sentence orders are modified as set out in—

(a) sections 200A to 204, and

(b) Schedule 7 (modifications of Schedule 16 to the Sentencing Code (breach or amendment of suspended sentence order and effect of further conviction)).

200A Modifications of section 286 of the Sentencing Code

Section 286 of the Sentencing Code has effect in relation to a suspended sentence order made by a relevant service court as if—

(a) after subsection (2) there were inserted—

“(2A) But a court may not specify a requirement to be complied with outside the United Kingdom.”;

(b) in subsection (3), for paragraph (a) (but not the “or” after it) there were substituted—

“(a) commits during the operational period—

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

(ii) an offence under the law of any part of the British Islands,”.”

Commencement Information

I1 Sch. 25 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2