Army Act 1955 (repealed)

Community supervision ordersF7 U.K.

Textual Amendments applied to the whole legislation

F7 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

4 (1) Subject to sub-paragraph (4) below, where a civilian . . . F1 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 [F2 three years] with the reasonable requirements of a specified person nominatedin the prescribed manner. U.K.

(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.

[F3 (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.]

[F4 (7E) Section 132(3) of this Act (as applied to civilians by section 209 of this Act) does not apply in relation to an offence under sub-paragraph (6) above.]

(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 [F5 £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 F6 . . . reviewing authority.

Textual Amendments

F1 Words repealed by Armed Forces Act 1986 (c. 21, SIF 7:1), ss. 10(1), 16(2), Sch. 2

F2 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)

F3 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)

F4 Sch. 5A para. 4(7E) inserted (1.10.2001) by 2001 c. 19, s. 34, Sch. 6 Pt. 6 para. 52; S.I. 2001/3234, art. 2 (subject to art. 3)

F5 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)

F6 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)