SCHEDULES
SCHEDULE 25Amendments to the Armed Forces Act 2006
PART 1Amendments to Chapter 1 of Part 8: service compensation orders, service community orders etc.
I16
For section 181 (breach, revocation or amendment of service community order) substitute—
181Breach, 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;
3
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.