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. |
| [F11A. Custodial order.] | ||
| 2. Imprisonment. | [F22. Custody for life]. | F3 . . . |
| 3. Fine. | 3. Custodial order. | 3. Fine. |
| [F43A. 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 for absolute discharge. |
| 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—
to a person convicted of murder who was under 18 years of age when the offence was committed, or
to a person convicted on 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—
for the reference to [F5custody for life]in the second column, and
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 or the making of an explanation may be made on any F6. . ., review F6. . .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 F7. . ., review, F7. . . 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 F7. . ., review, F7. . . 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 F7. . ., review, F7. . . 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
F1Words inserted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 11(5)(6)
F2Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 11(a)
F3Sch. 5A para. 15(3) Table: in 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. (with art. 3(1))
F4Words inserted by Armed Forces Act 1986 (c. 21, SIF 7:1), s. 10(2)
F5Words substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 58, Sch. 8 para. 11(b)
F6Words in Sch. 5A para. 15(4) repealed (1.4.1997) by 1996 c. 46, s. 35(2), Sch. 7 Pt. II; S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
F7Words in Sch. 5A para. 15(5)-(7) repealed (1.4.1997) by 1996 c. 46, s. 35(2), Sch. 7 Pt. II; S.I. 1997/304, art. 2 (with art. 3, Sch. 2)
Textual Amendments applied to the whole legislation
F8Act: 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