Army Act 1955 (repealed)

[F1 SCHEDULE 5A]F67 U.K. Powers of Court on Trial of Civilian

Textual Amendments

F1 Sch. 5A inserted by Armed Forces Act 1976 (c. 52), Sch. 4 para. 1

Textual Amendments applied to the whole legislation

F67 Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2

GeneralF67 U.K.

1 U.K. The powers conferred by this Schedule shall be exercisable on the trial of a person (in this Schedulereferred to as a “civilian") to whom Part II of this Act is applied by section 209 above.

2 (1) In this Schedule— U.K.

• “community supervision order” has the meaning assigned to it by paragraph 4(2) below;

• “compensation order” has the meaning assigned to it by paragraph 11(1) below;

• “the court” means a court-martial or a Standing Civilian Court;

• “custodial order” has the meaning assigned to it by paragraph 10(1) below;

• “local authority in England or Wales” means the council of a non-metropolitan county, ametropolitan district or a London borough or the Common Council of the City of London;

• “local authority in Scotland” means a [F2 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

• “order for absolute discharge” means an order under paragraph 3 below discharging a personabsolutely;

• “order for conditional discharge” means an order under that paragraph discharging a personsubject to a condition;

• “period of conditional discharge” means the period specified in an order for conditionaldischarge;

• “prescribed” means prescribed by regulations under paragraph 17 below;

• F3 . . .

• “the Services Acts” means this Act, the M1 Air Force Act 1955 and the M2 Naval Discipline Act 1957; and

• “supervision period” and “supervisor” have the meanings assigned to themby paragraph 4(2) below.

(2) A parent or guardian is a service parent or guardian for the purposes of this Schedule if—

(a) he is subject to service law, or

(b) Part II of this Act is applied to him by section 209 above, or

(c) Part II of the M3 Air Force Act 1955 is applied to him by section 209 of that Act, or

(d) Parts I and II of the M4 Naval Discipline Act 1957 are applied to him by section 118of that Act.

Textual Amendments

F2 Sch. 5A para. 2: words in definition of “local authority in Scotland" substituted (S.)(1.4.1996 subject to art. 4(2) of the commencing S.I.) by 1994 c. 39, s. 180(1), Sch. 13 para. 44(3) (with s. 128(8)); S.I. 1996/323, art. 4(1)(c)

F3 Definition in Sch. 5A, para. 2 repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 6(a), 26(2), Sch. 3; S.I. 1991/2719, art. 2, Sch. (with art. 3(1))

Marginal Citations

M1 1955 c. 19.

M2 1957 c. 53.

M3 1955 c. 19.

M4 1957 c. 53.

[F4 Deferment of award of sentence]F67 U.K.

Textual Amendments

F4 Sch. 5A para. 2A inserted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 9(1)

2A (1) Subject to the provisions of this paragraph, where a civilian is found guilty of an offence by aStanding Civilian Court, the Standing Civilian Court may defer the award of sentence against him for thepurpose of enabling the Standing Civilian Court, or any other court to which it falls to deal with him, tohave regard, in dealing with him, to his conduct after conviction (including, where appropriatate, themaking by him of reparation for his offence) or to any change in his circumstances.

(2) Any deferment under this paragraph shall be until such date as may be specified by the Standing CivilianCourt being a date not more than six months after the date on which the Standing Civilian Court announcesthe deferment; and where the award of sentence against an offender has been deferred on one occasion, itshall not be further deferred.

(3) The power conferred by this paragraph shall be exercisable only if the offender consents and theStanding Civilian Court is satisfied, having regard to the nature of the offence and the character andcircumstances of the offender, that it would be in the interests of justice to exercise the power.

(4) A Standing Civilian Court which has deferred the award of sentence against an offender may deal withhim at a time when the period of deferment has not expired if—

(a) he is during that period found guilty of an offence by a court-martial under any of the Services Actsor by a Standing Civilian Court; or

(b) such conditions as may be specified for the purposes of this paragraph in an order under paragraph 12of Schedule 3 to the Armed Forces Act M5 1976 (proceedings in StandingCivilian Courts) are satisfied in relation to him.

(5) Without prejudice to sub-paragraph (4) above, where a Standing Civilian Court has deferred the awardof sentence against an offender in respect of one or more offences and the offender is, during the periodof the deferment, found guilty of an offence (“the subsequent offence”) by a court-martialunder any of the Services Acts or by a Standing Civilian Court, then, subject to subsection (6) below, thecourt which (whether during that period or not) deals with the offender for the subsequent offence may also,if this has not already been done, deal with him for the offence or offences in respect of which the awardof sentence was deferred.

(6) Subject to sub-paragraph (7) below, the power of a court under this paragraph to deal with an offenderfor an offence in respect of which the award of sentence has been deferred shall be a power to deal withhim in any way in which the Standing Civilian Court which deferred the award of sentence could have dealtwith him for that offence.

(7) In a case falling within sub-paragraph (5) above a court-martial which awards a sentence of imprisonmentor a sentence under a custodial order for the subsequent offence may (subject to the application to theaggregate of the sentences of any limit imposed by, or by any provision corresponding to, section 85 of thisAct or paragraph 10(1A) below) order that the sentence shall begin to run from the expiry of any sentencewhich, being a sentence of imprisonment or a sentence under a custodial order, is awarded for the offenceor offences in respect of which the award of sentence was deferred.

(8) Where a Standing Civilian Court has deferred the award of sentence against an offender, the Court orthe directing officer may order the offender’s arrest either—

(a) in order to secure the offender’s appearance on the day specified by the Standing Civilian Courtas the day on which it proposes to deal with him (including a day before the end of the period ofdeferment); or

(b) where the offender has failed to appear on a day so specified.

(9) Where the arrest of an offender has been ordered under sub-paragraph (8) above, then, whether or notthe offender continues to be subject to service law—

(a) he may be arrested—

(i) by a provost officer; or

(ii) by any warrant officer or non-commissioned officer legally exercising authority under or on behalf ofa provost officer; or

(iii) by order of any officer of the regular forces or of the regular air force (within the meaning of theAir Force Act M6 1955); and

(b) a warrant for the offender’s arrest may be issued to any officer or officers of police by thedirecting officer or by any superior officer or authority.

(10) A warrant under sub-paragraph (9)(b) above shall specify the name of the person for whosearrest it is issued and shall refer to the order of the Standing Civilian Court or directing officer thatthat person be arrested.

(11) A person arrested under this paragraph shall be delivered into military or air force custody and maybe kept in such custody until his appearance before the Standing Civilian Court which deferred the awardof sentence against him.

(12) Where under this section an officer of police delivers a person into military or air force custody,there shall be handed over with him a certificate which shall—

(a) be in such form as may be specified by order under paragraph 12 of Schedule 3 to the Armed Forces Act M7 1976;

(b) be signed by that officer of police; and

(c) state the fact, date, time and place of arrest;

and such a certificate shall for the purposes of this Act be evidence of the matters stated therein.

(13) In this paragraph “the directing officer”, in relation to an offender, means the higherauthority by whom the offender was sent for trial for the offence in respect of which the award of sentencewas deferred, or any officer for the time being discharging the functions of that authority.

Marginal Citations

M5 1976 c.52 (7:1).

M6 1955 c.19 (7:1).

M7 1976 c.52 (7:1).

Absolute and conditional dischargeF67 U.K.

3 (1) The court by which a civilian is found guilty of an offence (not being an offence the sentence for whichis fixed by law [F5 or falls to be imposed under section 70(3A) above)]) may make an order discharging him absolutely, or, if the court thinks fit, discharging himsubject to the condition that, during such period, not exceeding 3 years from the date of the order, as maybe specified in the order, he commits no offence that may be tried by court-martial under any of theServices Acts or by a Standing Civilian Court. U.K.

(2) If a court-martial under any of the Services Acts finds a person in whose case an order for conditionaldischarge has been made guilty of an offence committed during the period of conditional discharge, thecourt-martial may deal with him for the offence for which the order was made in any manner in which thecourt which made the order could deal with him if it had just found him guilty of that offence.

(3) If a Standing Civilian Court finds such a person guilty of an offence committed during the period ofconditional discharge, the Standing Civilian Court may deal with him for the offence for which the orderwas made in any manner in which such a court could deal with him if it had just found him guilty of thatoffence.

(4) Before making an order for conditional discharge the court shall explain to the offender in ordinarylanguage that if he commits another offence during the period of conditional discharge he will be liableto be sentenced for the original offence.

Textual Amendments

F5 Words in Sch. 5A inserted (1.10.1997 subject to art. 5 of the commencing S.I.) by 1997 c. 43, s. 55(2), Sch. 4 para. 1(4); S.I. 1997/2200, art. 2(1)(with transitional provisions in art. 5)

Community supervision ordersF67 U.K.

4 (1) Subject to sub-paragraph (4) below, where a civilian . . . F6 is found guilty of an offence and the court is of opinion that, having regardto the circumstances, including the nature of the offence and the character of the offender, it is expedientthat he should undergo a period of supervision, the court may make an order directing him to comply duringa specified period not exceeding [F7 three years] with the reasonable requirements of a specified person nominatedin the prescribed manner.

(2) In this Schedule—

• “community supervision order” means an order under this paragraph;

• “supervision period” means the period specified in a community supervision order; and

• “supervisor” means a person with whose requirements a community supervision order for thetime being requires compliance on the part of the person subject to it.

(3) The court making a community supervision order may include in it directions to the person who is to besubject to it to comply during the whole or any specified part of the supervision period with suchrequirements of any prescribed description as the court, having regard to the circumstances, considers willbe beneficial for him.

(4) Before making a community supervision order the court—

(a) shall explain in ordinary language to the person who is to be subject to it the effect of such an orderand the consequences under sub-paragraphs (6) to (10) below of breach of any requirement imposed by virtueof sub-paragraph (1) or (3) above, and

(b) shall obtain his consent and, if he is under 17 years of age, the consent of his parent or guardian,to the making of the order and to the inclusion in it of any requirement by virtue of sub-paragraph (3)above.

(5) If the court makes a community supervision order against any person on finding him guilty of an offence,it may not make any other order except a compensation order in respect of his conviction for that offence.

(6) If a person subject to a community supervision order fails without reasonable excuse to comply with anyrequirement reasonably imposed by his supervisor or with any requirement included in the order by virtueof sub-paragraph (3) above, he shall be guilty of an offence triable by court-martial.

(7) Any such offence shall be treated as if it were an offence against a provision of Part II of this Act.

[F8 (7A) Without prejudice to any other power of arrest, a person found committing an offence under sub-paragraph (6) above or alleged to have committed or reasonably suspected of having committed any such offence, may be arrested by a provost officer, by a warrant officer or non-commissioned officer legally exercising authority under a provost officer or on his behalf, or by order of any officer of the regular forces.

(7B) The power of arrest given to any person by sub-paragraph (7A) above may be exercised either personally or by ordering into arrest the person to be arrested or by giving orders for that person’s arrest.

(7C) A person shall not be arrested by virtue of sub-paragraph (7A) above after the end of a period of 6 months beginning with the end of the supervision period.

(7D) No proceedings shall be taken against a person for an offence under sub-paragraph (6) above unless the trial is begun within 6 months after the end of the supervision period.]

(8) If a court-martial under any of the Services Acts finds a person guilty of any offence (including anoffence under sub-paragraph (6) above) committed during a supervision period, the court-martial may dealwith him for the offence for which the community supervision order was made in any manner in which the courtwhich made the order could deal with him if it had just found him guilty of that offence.

(9) If a Standing Civilian Court finds a person guilty of any offence (including an offence undersub-paragraph (6) above) committed during a supervision period, the Standing Civilian Court may deal withhim for the offence for which the community supervision order was made in any manner in which such a courtcould deal with him if it had just found him guilty of it.

(10) If the court finds a person guilty of an offence under sub-paragraph (6) above, it may, instead ofdealing with him for the offence for which the community supervision order was made, impose a fine notexceeding [F9 £1,000] upon him.

(11) An officer authorised by the Defence Council—

(a) may discharge a community supervision order or modify such an order in any way which in his opiniondoes not increase its severity, and

(b) may replace a supervisor by specifying a new supervisor nominated in the prescribed manner.

(12) The powers conferred by sub-paragraph (11)(a) above are without prejudice to any of the powers of a F10 . . . reviewing authority.

Textual Amendments

F6 Words repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), ss. 10(1), 16(2), Sch. 2

F7 Words in Sch. 5A para. 4(1) substituted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 10, Sch. 3 para. 1(1)(2); S.I. 1997/304, arts. 2, 3 (with transitional provisions in Sch. 2)

F8 Words in Sch. 5A para. 4(7A)-(7D) inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 10, Sch. 3 para. 1(1)(3); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

F9 Figure in Sch. 5A para. 4(10) substituted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 10, Sch. 3 para. 1(1)(4); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

F10 Words in Sch. 5A para. 4(12) repealed (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 35(2), Sch. 7 Pt. II; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

Modifications etc. (not altering text)

C1 Sch. 5A para. 4: power to exclude conferred by Criminal Justice Act 1988 (c. 33, SIF39:1), s. 50(4)(a)

Absolute and conditional discharge and community supervision orders—supplementaryF67 U.K.

5 (1) If upon finding a person guilty of an offence the court makes in respect of that offence— U.K.

(a) an order for his absolute discharge, or

(b) an order for his conditional discharge, or

(c) a community supervision order,

he shall be deemed not to have been convicted of the offence except—

(i) where the order was an order for conditional discharge or a community supervision order, for thepurposes of paragraph 3(2) or (3) or 4(8) or (9) above, as the case may be, and

(ii) in all cases, for the purposes specified in sub-paragraph (2) below.

(2) The purposes mentioned in sub-paragraph (1)(ii) above are the purposes—

(a) of the proceedings in which the order is made.

(b) of any F11 . . . review of those proceedings.

(c) of any appeal against conviction in those proceedings, and

(d) of the M8 Rehabilitation of Offenders Act 1974 [F12 or the M9 Rehabilitation of Offenders (Northern Ireland)Order 1978].

(3) Sub-paragraph (1) above shall not affect—

(a) any right of a person in respect of whom an order for absolute or conditional discharge or a communitysupervision order was made to rely on his conviction in bar of any subsequent proceedings for the sameoffence; or

(b) the restoration of any property in consequence of the conviction.

(4) No appeal shall lie against any such order.

(5) If a person is dealt with for an offence for which an order for conditional discharge or a communitysupervision order was made, the original order shall cease to have effect.

(6) The powers conferred by paragraphs 3(2) and (3) and 4(8) and (9) above to deal with an offence for whichan order for conditional discharge or a community supervision order has been made are without prejudice toany power of the court to deal with an offence, whenever committed, other than the offence for which theorder in question was made.

Textual Amendments

F11 Words in Sch.5A para. 5(2)(b) repealed (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 35(2), Sch. 7 Pt. II; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

F12 Words added by S.I. 1978/1908 (N.I.27), art. 4(5)

Marginal Citations

M8 1974 c. 53.

M9 1978/1908 (N.I. 27).

F13 . . .F67 U.K.

Textual Amendments

F13 Sch. 5A, para. 6 repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 6(b), 26(2), Sch. 3; S.I. 1991/2719, art. 2,Sch. (with art. 3(1))

F14 6 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Sch. 5A para. 6 repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 6(b), 26(2), Sch. 3; S.I. 1991/2719, art. 2, Sch. (with art. 3(1))

F15 . . .F67 U.K.

Textual Amendments

F15 Sch. 5A para. 7 repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 6(b), 26(2), Sch. 3; S.I. 1991/2719, art. 2,Sch. (with art. 3(1))

F16 7 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16 Sch. 5A para. 7 repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 6(b), 26(2), Sch.3; S.I. 1991/2719, art. 2,Sch. (with art. 3(1))

F17 . . .F67 U.K.

Textual Amendments

F17 Sch. 5A, para. 8 repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 6(b), 26(2), Sch. 3; S.I. 1991/2719, art. 2,Sch. (with art. 3(1))

F18 8 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Sch. 5A para. 8 repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 6(b), 26(2), Sch. 3; S.I. 1991/2719, art. 2,Sch. (with art. 3(1))

F19 . . .F67 U.K.

Textual Amendments

F19 Sch. 5A, para. 9 repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 6(b), 26(2), Sch. 3; S.I. 1991/2719, art. 2, Sch. (with art. 3(1))

F20 9 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20 Sch. 5A, para. 9 repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 6(b), 26(2), Sch. 3; S.I. 1991/2719, art. 2,Sch. (with art. 3(1))

Custodial ordersF67 U.K.

10 (1) Where a civilian who has attained [F21 the minimum age] but is under 21 years of age is found guilty of an offence punishable under this Act with imprisonment, the court shall have power, [F22 subject to [F23 sub-paragraphs (1A) and (1AA) below]], to make an order (in this Schedule referred to as a “custodial order”) committing him to be [F24 detained for a period, to be specified in the order, which— U.K.

(a) shall not be less than the appropriate minimum period, that is to say—

(i) in the case of an offender who has attained the age of 18, the period of 21 days; or

(ii) in the case of an offender who is under 18 years of age, the period of two months;

(b) shall not exceed the maximum period for which he could have been sentenced to imprisonment if he had attained the age of 21; and

(c) if the order is made by a Standing Civilian Court, shall not exceed six months.

and in this sub-paragraph][F25 “the minimum age”, in relation to a male offender, means 15 years of age and, in relation to a female offender, means 17 years of age.]

[F26 (1A) F27 . . . [F28 F27 . . . the court shall not make a custodial order committing an offender under [F29 18 years]] of age to be detained for a period which exceeds twelve months or for a period such that the continuous period for which he is committed to be detained under that order and any one or more other custodial orders exceeds twelve months.]

[F30 (1AA) The court may not make a custodial order unless it is satisfied—

(a) that the circumstances, including the nature and the gravity of the offence, are such that if the offender were aged 21 or over the court would pass a sentence of imprisonment; and

(b) that he qualifies for a custodial sentence.

(1AB) An offender qualifies for a custodial sentence if—

(a) he has a history of failure to respond to non-custodial sentences and is unable or unwilling to respond to them; or

(b) only a custodial sentence would be adequate to protect the public from serious harm from him; or

(c) the offence of which he has been convicted or found guilty was so serious that a non-custodial sentence for it cannot be justified.]

F26 (1B) For the purposes of determining whether [F31 it is satisfied as mentioned in paragraphs (a) and (b) of sub-paragraph (1AA) above with respect to an offender] the court shall obtain and consider information about the circumstances, and shall take into account any information before the court which is relevant to his character and his mental and physical condition.

(2) Before making a custodial order, the court shall consider any report made in respect of the offender by or on behalf of the Secretary of State.

(3) The court shall give a copy of any such report to the offender or any person representing him.

[F32 (3A) Where the court makes a custodial order it shall be its duty—

(a) to state in open court and to record in the proceedings that it is satisfied that the offender qualifies for a custodial sentence under one or more of the paragraphs of sub-paragraph (1AB) above, the paragraph or paragraphs in question, and why it is so satisfied; and

(b) to explain to the offender in open court and in ordinary language why it is passing a custodial sentence on him.

(3B) Where the court makes a custodial order and, in accordance with its duty under sub-paragraph (3A) above, makes the statement required by paragraph (a) of that sub-paragraph, the matters stated shall be specified in the order (made under Imprisonment and Detention Rules) pursuant to which the offender is committed into custody.]

[F33 (4) If a person is outside the United Kingdom at the time a custodial order is made in respect of him, he shall as soon as practicable be removed to the United Kingdom.

(4A) A person in respect of whom a custodial order has been made shall be detained in such appropriate institution as the Secretary of State may direct, and any enactment applying to persons detained in any such institution shall apply to a person so detained under this paragraph.]

(5) A custodial order shall be sufficient authority for the detention of the person subject to it in service custody until he is received into the institution specified in the Secretary of State’s direction.

[F34 (5A) The following provisions shall apply in the case of a sentence under a custodial order as they apply in the case of a sentence of imprisonment by the same court, that is to say—

(a) where the court is a court-martial, sections 118(1) and 118A(1) and (3) of this Act; and

(b) where the court is a Standing Civilian Court, section 8(2) of the M10 Armed Forces Act 1976;

and, accordingly, references in those provisions to a sentence of imprisonment shall include for the purposes of this sub-paragraph references to a sentence under a custodial order.]

[F35 (5B) For the period before a person sentenced under a custodial order is received into the institution where he is to be detained (or for the currency of the sentence if its term ends before he is so received), sections 119(2), (4) and (5), 122, 123, 129,142 and 190B of this Act shall apply in the case of the sentence as they apply in the case of a sentence of [F36 imprisonment].]

(6) In this paragraph “appropriate institution” means—

[F37 (a) where the offender is [F38 in or] removed to England or Wales, any institution in which a person sentenced to detention in a young offender institution could be detained, [F39 section 98 of the Powers of Criminal Courts (Sentencing) Act 2000] having effect in relation to the offender as it has effect in relation to an offender sentenced to detention in a young offender institution;]

[F40 (b) where the offender is [F38 in or] removed to Scotland, a young offenders institution;]

[F41 (c) where the offender is [F38 in or] removed to Northern Ireland,

[F42 (i) if the offender is a male person who is under the age of 17 years, a remand home; and

(ii) in any other case, a young offenders centre;];]

and in sub-paragraph (4) above “enactment”, in relation to an offender who is removed to Northern Ireland, includes an enactment of the Parliament of Northern Ireland and a Measure of the Northern Ireland Assembly.

[F43 (6A) [F44 Section 65 of the Criminal Justice Act 1991] (release of young offenders) shall apply to persons released from a term of detention under a custodial order as it applies to persons released from a term of detention under a detention centre order or a term of youth custody.]

F45 (6B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21 Words substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 11(1)(a)(6)

F22 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 7(a)(i)

F23 Words in Sch. 5A para. 10(1) substituted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF:1), s. 5(2)(a); S.I. 1991/2719, art. 2 (with art. 3(1))

F24 Words in Sch. 5A para. 10(1) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 71, Sch. 9 para. 4(a); S.I. 1992/333, art. 2(2), Sch. 2

F25 Words inserted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 11(1)(b)(6)

F26 Sch. 5A para. 10(1A)(1B) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 7(b)

F27 Words in Sch. 5A, para. 10(1A) repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 5(3), 26(2), Sch. 3; S.I. 1991/2719, art. 2, Sch. (with art. 3(1))

F28 Words inserted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 11(2)(6)

F29 Words in Sch. 5A para. 10(1A) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 71, Sch. 9, para. 4(b); S.I. 1992/333, art. 2(2), Sch. 2

F30 Sch. 5A, para. 10(1AA)(1AB) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 5(4); S.I. 1991/2719, art. 2 (with art. 3(1))

F31 Words in Sch. 5A, para. 10(1B) substituted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 5(5); S.I. 1991/2719, art. 2 (with art. 3(1))

F32 Sch. 5A para. 10(3A)(3B) substituted (1.1.1992) for sub-paras. (3A)(3B) (which were inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 7(c)) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 5(6); S.I. 1991/2719, art. 2 (with art. 3(1))

F33 Sch. 5A, para. 10(4)(4A) substituted (1.1.1992) for sub-para. (4) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 5(7); S.I. 1991/2719, art. 2 (with art. 3(1))

F34 Sch. 5A para. 10(5A) (which was inserted by Armed Forces Act 1981 (c. 55), Sch. 1 para. 3(3)) substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para. 5(3)

F35 Para. 10(5B) inserted by Armed Forces Act 1981 (c. 55), Sch. 1 para. 3(3)

F36 Word substituted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para. 5(4)

F37 Sch. 5A para. 10(6)(a) substituted (E.W.) by Criminal Justice Act 1988 (c. 33, SIF 39:1),s. 123(6), Sch. 8 para. 5(a)

F38 Words in Sch. 5A, para. 10(6)(a)(b)(c) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 5(8); S.I. 1991/2719, art. 2 (with art. 3(1))

F39 Words in Sch. 5A para. 10(6)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 12

F40 Sch. 5A para. 10(6)(b) substituted (S.) by Criminal Justice Act 1988 (c. 33, SIF 39:1),s. 124(4), Sch. 9 para. 3(a)

F41 Para. 10(6)(c) substituted by S.I. 1980/1088, art. 3

F42 Sch. 5A para. 10(6)(c)(i)(ii) substituted for words by Armed Forces Act 1986 (c. 21, SIF7:1), s. 11(4)(6)

F43 Sch. 5A para. 10(6A) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch.8 para. 7(e)

F44 Words in Sch. 5A para. 10(6A) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 71, Sch. 9 para. 4(c); S.I. 1992/333, art. 2(2), Sch. 2

F45 Sch. 5A para. 10(6B) repealed (1.10.1993) by 1993 c. 9, s. 47(3), Sch. 7 Pt. I; S.I. 1993/2050, art. 3(4)

Marginal Citations

M10 1976 c.52(7:1).

Compensation ordersF67 U.K.

11 (1) The court, on finding a civilian guilty of an offence, may, on application or otherwise (and whether or not it makes any other order), make an order (in this Schedule referred to as a “compensation order") requiring him to pay such sum as appears to the court to be just as or towards compensation for any [F46 personal injury, loss or damage], resulting from the offence or any other offence taking into consideration in determining sentence. U.K.

[F47 (1A) Unless the Secretary of State by order provides that this sub-paragraph shall no longer apply, the sum specified in a compensation order made by a court-martial for any personal injury shall not exceed such sum as is for the time being specified in sub-paragraph (2) below or such larger sum as may for the time being be specified by an order made by the Secretary of State; and the power to make an order under this sub-paragraph shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.]

(2) The sum specified in a compensation order made by a Standing Civilian Court shall not exceed [F48 £5,000].

(3) In the case of an offence of unlawfully obtaining any property (whether by stealing it, handling it or otherwise), where the property in question is recovered, any damage to the property occurring while it was out of the owner’s possession shall be treated for the purposes of this paragraph as having resulted from the offence, however and by whomsoever the damage was caused.

(4) No compensation order shall be made in respect of loss suffered by the dependants of a person in consequence of his death, F49 . . ..

[F50 (4A) A compensation order may only be made in respect of injury, loss or damage which was due to an accident arising out of the presence of a motor vehicle on a road if—

(a) it is in respect of damage which is treated by sub-paragraph (3) above as resulting from an offence of unlawfully obtaining any property; or

(b) it is in respect of injury, loss or damage as respects which—

(i) the offender is uninsured in relation to the use of the vehicle; and

(ii) compensation is not payable under any arrangements specified by the Secretary of State for the purposes of this paragraph;

and, where a compensation order is made in respect of injury, loss or damage due to such an accident, the amount to be paid may include an amount representing the whole or part of any loss of or reduction in preferential rates of insurance attributable to the accident.

(4B) For the purposes of sub-paragraph (4A) above, a person is not uninsured in relation to the use of a vehicle if—

(a) the vehicle is in the public service of the Crown; or

(b) the use of the vehicle is exempted from insurance by section 144 of the Road Traffic Act 1988 or paragraph (2) or paragraph (3) of Article 90 of the Road Traffic (Northern Ireland) Order 1981.]

(5) In determining whether to make a compensation order against any person, and in determining the amount to be paid by any person under such an order, the court shall have regard to his means so far as they appear or are known to the court.

[F51 (6) Where the court considers—

(a) that it would be appropriate both to impose a fine and to make a compensation order, but

(b) that the person concerned has insufficient means to pay both an appropriate fine and appropriate compensation,

the court shall give preference to compensation (though it may impose a fine as well).]

Textual Amendments

F46 Words in Sch. 5A para. 11(1) substituted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 9(2); S.I. 1991/2719, art.2 (with art. 3(1))

F47 Sch. 5A, para. 11(1A) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 9(3); S.I. 1991/2719, art. 2 (with art. 3(1))

F48 Figure in Sch. 5A para. 11(2) substituted (1.10.1992) by virtue of Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 17(3), 102(2), Sch. 4, Pt. I (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2

F49 Words in Sch. 5A, para. 11(4) repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 9(4), 26(2), Sch.3; S.I. 1991/2719, art. 2,Sch (with art. 3(1)

F50 Sch. 5A, para. 11(4A)(4B) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 9(4); S.I. 1991/2719, art.2 (with art. 3(1))

F51 Sch. 5A, para. 11(6) inserted (1.1.1992) by Armed Forces Act 1991 (C. 62, SIF 7:1), s. 9(5); S.I. 1991/2719, art. 2 (with art. 3(1))

Modifications etc. (not altering text)

C2 Sch. 5A para. 11(2): power to amend conferred by Magistrates Courts Act 1980 (c. 43, SIF 82), s. 143(1)(2)(g) as substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 48(1)(a)(b)(iii)

12 (1) The operation of a compensation order made by a court-martial shall be suspended— U.K.

(a) in any case until the end of the period specified under Part II of the M11 Courts-Martial (Appeals) Act 1968 as the period within which an application for leave to appeal mustbe lodged; and

(b) if such an application is duly lodged, until either the application is finally refused or it iswithdrawn or the appeal is determined or abandoned.

(2) The operation of a compensation order made by a Standing Civilian Court shall be suspended*M

(a) in any case until the end of the period within which notice of appeal may be given; and

(b) if such notice is given, until the appeal is determined or abandoned.

(3) Where a compensation order has been made against any person in respect of an offence taken intoconsideration in determining his sentence—

(a) the order shall cease to have effect if he successfully petitions or appeals against his conviction ofthe offence or all the offences of which he was convicted in the proceedings in which the order was made;and

(b) he may petition or appeal against the order as if it were part of the sentence imposed for the offencein respect of which it was made.

Marginal Citations

M11 1968 c.20.

Imposition of fines on and making of compensation orders against parents and guardiansF67 U.K.

13 [F52 (1) Where— U.K.

[F53 (a) a civilian under 17 years of age is found guilty of an offence; and

(b) the court is of the opinion that the case would best be met (whether or not in conjunction with anyother punishment) by the exercise of any power of the court to impose a fine in respect of the offence orto make a compensation order in respect of the offence or of any other offence taken into consideration indetermining sentence,]

it shall be the duty of the court to order that the fine or compensation awarded be paid by any parentor guardian of his who is a service parent or guardian, instead of by the person himself, unless the courtis satisfied–

(i) that the parent or guardian cannot be found; or

(ii) that it would be unreasonable to make an order for payment, having regard to the circumstances of thecase.

(2) An order under this paragraph may be made against the parent or guardian if—

(a) he has been required to attend in the manner prescribed by [F54 rules] under section 103 aboveor, as the case may be, by an order under paragraph 12 of Schedule 3 to the Armed Forces Act M12 1976 to attend the court, and

(b) he has failed to do so,

but, save as aforesaid, no such order shall be made without giving the parent or guardian anopportunity of being heard.]

[F55 (3) A parent or guardian on or against whom a fine has been imposed or compensation order made under thisparagraph may petition or appeal against the sentence as follows, that is to say—

(a) if the court which imposed the fine or made the order was a court-martial, the parent or guardian maypresent a petition in accordance with [F56 section 113] of this Act against sentence or may appeal againstsentence in accordance with section 8 of the M13 Courts-Martial (Appeals) Act 1968 as ifhe had been convicted of and sentenced for the offence by the court-martial; or

(b) if the court which imposed the fine or made the order was a Standing Civilian Court, the parent orguardian may present a petition in accordance with [F56 section 113] of this Act against sentence or may appealagainst sentence under paragraph 18 of Schedule 3 to the M14 Armed Forces Act 1976 as ifhe had been convicted of and sentenced for the offence by the Court.]

(4) If a parent or guardian against whom a fine is so imposed or an order so made—

(a) is a member of the regular forces, or

(b) is a member of the regular air force, as defined by section 223(1) of the M15 Air ForceAct 1955, or

(c) is subject to the M16 Naval Discipline Act 1957,

any sum which he is liable to pay, in so far as not otherwise paid by him, may be deducted from hispay.

Textual Amendments

F52 Sch. 5A para. 13(1)(2) substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s.58, Sch. 8 para. 9

F53 Sch. 5A para. 13(1)(a)(b) substituted (retrospectively) by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 16(1), Sch. 1 para. 11

F54 Words in Sch. 5A para. 13(2)(a) substituted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 75; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

F55 Para. 13(3) substituted by Armed Forces Act 1981 (c. 55), Sch. 1 para. 3(6)

F56 Words in Sch. 5A para. 13(3) substituted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 35(1), Sch. 6 para. 7; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

Marginal Citations

M12 1976 c.52(7:1).

M13 1968 c. 20.

M14 1976 c. 52.

M15 1955 c. 19.

M16 1957 c. 53.

Orders requiring parents or guardians to enter into recognisanceF67 U.K.

14 (1) Subject to sub-paragraph (2) below, where a civilian under 17 years of age is found guilty of anyoffence, the court may make an order requiring any parent or guardian of his who is a service parent orguardian to enter into a recognisance for an amount not exceeding [F57 £1000] for a period not exceeding one year to exercise proper control over him. U.K.

(2) The power conferred by sub-paragraph (1) above shall not be exercisable unless the parent or guardianconsents.

(3) Before making an order in the exercise of that power the court shall explain to the parent or guardianin ordinary language that if the offender is found guilty by court-martial under any of the Services Actsor by a Standing Civilian Court of another offence committed during the period specified in the order, hisrecognisance may be forfeited under sub-paragraph (4) below.

(4) If a person whose parent or guardian has entered into a recognisance under this paragraph is foundguilty by court-martial under any of the Services Acts or by a Standing Civilian Court of any offencecommitted within the period specified in the order, the recognisance or any part of it may in the prescribedmanner be declared to be forfeited (without prejudice to any power of the court to punish the offender orto make any other order against him or an order against his parent or guardian under this paragraph orparagraph 13 above) and the person bound by it adjudged, subject to sub-paragraphs B (5) and (6) below, topay the sum in which he is bound or any lesser sum.

(5) No declaration may be made except against a person who is a service parent or guardian when it is made.

(6) No declaration may be made against any person without giving him an opportunity of being heardunless—

(a) he has been required in the manner prescribed by [F58 rules] under section 103 above or, as thecase may be, by an order under paragraph 12 of Schedule 3 to the M17 Armed Forces Act 1976to attend the court, and

(b) he has failed to do so.

(7) Payment of any sum adjudged to be paid under this paragraph shall be enforceable as if it were a fineimposed for an offence against section 70 above.

(8) No appeal shall lie from an order or declaration under this paragraph.

[F59 (9) In this paragraph “guardian”, in relation to an offender, includes any individual who,in the court’s opinion, has control of the offender.]

Textual Amendments

F57 Figure substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch.8 para. 10(1)(2) and S.I. 1984/447, art. 2(1), Sch. 1

F58 Words in Sch. 5A para. 14(6)(a) substituted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 75; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

F59 Para. 14(9) inserted by Armed Forces Act 1981 (c. 55), Sch. 1 para. 3(9)

Modifications etc. (not altering text)

C3 Sch. 5A para. 14(1): power to amend conferred by Magistrates' Courts Act 1980 (c.43, SIF 82), s. 143(1)(2)(h) (as substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s.48(1)(a)(b)(iii) )

Marginal Citations

M17 1976 c. 52.

Scale of punishments and ordersF67 U.K.

15 (1) In their application to civilians, references in this Act to any punishment provided by this Act are, subject to sub-paragraphs (4) to (7) below and to the limitation imposed in any particular case by the addition of the word “less", references to any one or more of the punishments that may be awarded to civilians under this Act or of the orders that may be made against them under it.

(2) For the purposes of Part II of this Act—

(a) a punishment or order specified in any paragraph of one of the columns in the Table below shall be treated as less than any punishments or orders specified in the paragraphs preceding that paragraph and greater than those specified in the paragraphs following it; and

(b) a fine on or compensation order against an offender’s parent or guardian shall be treated as involving the same degree of punishment as a fine of the same amount on the offender or, as the case may be, a compensation order of the same amount against him.

(3) In the Table—

(a) the first column applies in the case of a person who at the date of his conviction had attained 21 years of age;

(b) the second column applies in the case of a person who at the date of his conviction had attained 17 years of age but was under 21 years of age; and

(c) the third column applies in the case of a person who at the date of his conviction was under 17 years of age.

Table

Grading of Punishments and Orders

Offender 21 or over	Offender 17 or over but under 21	Offender under 17
1. Death.	1. Death.	1. Detention as the Secretary of State may direct.
		[F60 1A. Custodial Order.]
2. Imprisonment.	2. [F61 custody for life].	F62 . . .
3. Fine.	3. Custodial order.	3. Fine.
[F63 3A. Community supervision order.]
4. Compensation order.	4. Fine.	4. Community supervision order.
5. Order for conditional discharge.	5. Community supervision order.	5. Compensation order.
6. Order for absolute discharge.	6. Compensation order.	6. Order binding over parent.
	7. Order for conditional discharge.	7. Order for conditional discharge.
	8. Order for absolute discharge.	8. Order for absolute discharge.

Note. In the application of the above Table—

(a) to a person convicted of murder who was under 18 years of age when the offence was committed, or

(b) to a person convicted of any offence who was under 18 years of age when the offence was committed and would be sentenced to death but for section 71A(3) above,

the references to death shall be omitted from the first and second columns, and a reference to detention during Her Majesty’s pleasure shall be substituted—

(i) for the reference to [F64 custody for life] in the second column, and

(ii) for the reference to detention as the Secretary of State may direct in the third column.

(4) No order requiring the giving of a consent of the making of an explanation may be made on any F65 . . ., review F65 . . . of a sentence or any appeal against a sentence without the consent being given or the explanation made.

(5) If a community supervision order is made on any such F66 . . ., review, F66 . . . or appeal, no other order may be made except a compensation order.

(6) Where an order under paragraph 13 or 14 above was made at the trial, no other order under either of those paragraphs may be substituted for it on any such F66 . . ., review F66 . . . or appeal.

(7) Where—

(a) on the trial of any person an order might have been made against his parent or guardian under paragraph 13 or 14 above, and

(b) there is power, on F66 . . ., review, F66 . . . or appeal, to substitute a fine or compensation order for the order made on the trial,

that power shall include—

(i) power to substitute a fine or compensation order of an equal or smaller amount under paragraph 13 above, and

(ii) power to make an order under paragraph 14 above which is not of greater severity, in the opinion of the person to whom it falls to exercise the power, than the order made on the trial.

Textual Amendments

F60 Entry inserted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 11(5)(6)

F61 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 11(a)

F62 Sch. 5A para. 15(3) Table column 3 para. 2 repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 6(c), 26(2), Sch. 3; S.I. 1991/2719, art. 2, Sch.

F63 Entry inserted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 10(2)

F64 Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 11(b)

F65 Words in Sch. 5A para. 15(4) repealed (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 35(2), Sch. 7 Pt. II; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

F66 Words in Sch. 5A para. 15(5)-(7) repealed (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 35(2), Sch. 7 Pt. II; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)

Indemnity for persons carrying out orders under ScheduleF67 U.K.

16 U.K. No action shall lie in respect of anything done by any person in pursuance of an order under thisSchedule if the doing thereof would have been lawful but for a defect in any instrument made for thepurposes of that order.

RegulationsF67 U.K.

17 (1) The Secretary of State may by regulations make provision supplementary or incidental to the provisionsof this Schedule. U.K.

(2) The power to make regulations conferred by this paragraph includes power to make provision for specifiedcases or classes of cases, and for the purpose of any such orders classes of cases may be defined byreference to any circumstances specified in the regulations.

(3) The power to make such regulations shall be exercisable by statutory instrument which shall be subjectto annulment in pursuance of a resolution of either House of Parliament.